HomeMy WebLinkAboutMinutes - 2009.10.29 - 7063740
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
October 29, 2009
Meeting called to order by Vice-Chairperson Mike Gingell at 9:35 a.m. in the Courthouse Auditorium,
1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott,
Taub, Woodward, Zack. (23)
EXCUSED ABSENCE WITH NOTICE: Bullard. (1)
EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1)
Quorum present.
Invocation given by Tom Middleton.
Pledge of Allegiance to the Flag.
Moved by Long supported by Coulter the minutes of the October 14, 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 NOT ON BOARD AGENDA
GENERAL GOVERNMENT COMMITTEE
b. Department of Health and Human Services/Health Division – FY 2009-2010 Comprehensive,
Planning, Budgeting and Contracting (CPBC) Agreement.
(Reason for Suspension of General Government Committee, item b.: Waiver of Rule III. – Item was taken
up by the General Government Committee immediately prior to today’s meeting and is being reviewed out
of order [HR and Finance reviewed at their regular meetings the week before].)
c. Department of Health and Human Services/Health Division – FY 2009-2010 Comprehensive,
Planning, Budgeting and Contracting (CPBC) Agreement Amendment #1 Acceptance.
(Reason for Suspension of General Government Committee, item c.: Waiver of Rule III. – Item was taken
up by the General Government Committee immediately prior to today’s meeting and is being reviewed out
of order [Finance reviewed at its regular meeting the week before].)
Commissioners Minutes Continued. October 29, 2009
741
Vote on agenda, as amended:
AYES: Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub,
Woodward, Zack. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
Vice-Chairperson Mike Gingell welcomed Chief Probate Judge Elizabeth Pezzetti, who introduced Judge
Linda S. Hallmark, Judge Eugene Arthur Moore, Judge Daniel A. O’Brien and her hard working staff.
Judge Pezzetti gave the State of the Probate Court Address.
Commissioner Helaine Zack introduced Jennifer Shields, Jail Diversion Specialist, who gave a
presentation on Easter Seals.
The following person addressed the Board: Diane (did not state her last name).
Moved by Jacobsen supported by Coulter the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on
page 764. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #09242
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 CITY OF PONTIAC
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 Adopted 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 City of Pontiac which has been
signed by its 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF PONTIAC (real and personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF PONTIAC (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 PONTIAC, a Michigan
Constitutional and Municipal Corporation whose address is 47450 Woodward Avenue, Pontiac, Michigan
48342-2271 (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
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742
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
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
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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 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
Commissioners Minutes Continued. October 29, 2009
744
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, subject to the provisions of
Section 2.3.2 below.
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. The Parties also agree that State
Assessors Board-certified appraisal employees of the Municipality can train on
matters of fieldwork alongside County employees for the duration of this Contract
whenever County employees are on field work within the boundaries of the
Municipality. In addition, the County shall open the opportunity for appraisal
employees of the Municipality to be trained on computer systems. The
Municipality guarantees the availability of the trainees whenever required by the
County for training sessions either on field work or computer systems. Certified
appraisal employees of the Municipality who have completed and passed the
training described herein may be requested to assist County employees in
performing the "Equalization Services" defined in this section.
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
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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 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
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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
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.
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§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 $14.90 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) and/or the
Municipality’s ordinance, section 110-29.
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
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748
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. MUTUAL COOPERATION OF COUNTY AND MUNICIPALITY AGENTS 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. Likewise, the County agrees that it
shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that
all Equalization Division personnel fully cooperate with Municipality agents 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
Commissioners Minutes Continued. October 29, 2009
749
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
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. The Municipality will be notified by the County of all approved
and denied applications for exemptions.
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.
Commissioners Minutes Continued. October 29, 2009
750
8.9. The County agrees that its agents will provide the following to the Municipality on a
monthly basis:
8.9.1 Copies of all Property Transfer Affidavits, Homesteads, and Rescinds filed by
taxpayer or its agents directly with the County.
8.9.2 Copies of related documents for recapping and Property Transfer Affidavit
penalties.
8.9.3 Copy of Notice of County Schedule of small claims appeals released by the
Michigan Tax Tribunal affecting the Municipality.
§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 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 Pontiac. 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 Pontiac and shall also be filed with the
office of the Clerk of the County and the Clerk for the City of Pontiac.
Commissioners Minutes Continued. October 29, 2009
751
§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 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 fifteen (15) 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, Fred P. Leeb, Emergency Financial Manager for the City of Pontiac, hereby
acknowledges that he is authorized to execute this Contract on behalf of the Municipality, pursuant to the
Local Government Fiscal Responsibility Act (Public Act 72 of 1990; MCL 141.1201, et. seq), and hereby
accepts and binds the Municipality to the terms and conditions of this Contract.
EXECUTED: _________________________________ DATE: __________________
Fred P. Leeb, Emergency Financial Manager
City of Pontiac
Commissioners Minutes Continued. October 29, 2009
752
WITNESSED: _________________________________ DATE: __________________
Yvette Talley, City Clerk
City of Pontiac
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 A. Johnson, Clerk/ Register of Deeds
County of Oakland
(The vote for this motion appears on page 764.)
*MISCELLANEOUS RESOLUTION #09243
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – 2009 APPORTIONMENT OF LOCAL TAX
RATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS your Finance Committee on Local Taxes has examined certificates, statements, papers and
records submitted to it from the various townships, cities and villages having taxes to be spread upon the
Tax Rolls, and has checked these documents with the pertinent laws, specifically Section 37 General
Property Tax Laws, and has caused corrections to be made where necessary; and
WHEREAS your committee has prepared tax certificates showing the certified rates as adjusted by
M.C.L. 211.34, M.C.L. 211.34D, M.C.L. 211.24E and M.C.L. 211.34E of the General Property Tax Laws,
authorized to be spread against state taxable valuations, which certificates are submitted herewith, and
which are the basis for the tabulation above mentioned, and it is recommended that the Board of
Commissioners authorize the Equalization Director to sign these certificates; and
WHEREAS the electorate of the State of Michigan amended Article IX of the constitution and added
Section 36; and
WHEREAS the legislature, as directed, implemented said legislation under Section 37 of the General
Property Tax Act and the 1976 State School Code, as amended; and
WHEREAS the certified rates are subject to M.C.L. 211.36 which allows additional millage to be voted up
to and including December 7, 2009 for schools and, if adopted, up to and including November 3, 2009 for
taxing jurisdictions, as specified in said section; said additional millage(s) would require Board approval
before they could be spread; and
WHEREAS the electorate of the State of Michigan voted to limit school operating levies on homestead
and non-homestead property taxes in accordance with this report.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopt the
attached certificates with the recommendations herein contained as part of the permanent records of the
Board.
BE IT FURTHER RESOLVED that the Equalization Director be authorized and directed to sign the
several tax certificates on which the attached tabulation was based, thereby authorizing and directing the
various assessing officers to spread the rates against the taxable valuation set forth herein for 2009.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of 2009 Apportionment of Local Tax Rates on file in County Clerk’s office.
(The vote for this motion appears on page 764.)
Commissioners Minutes Continued. October 29, 2009
753
*MISCELLANEOUS RESOLUTION #09244
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: FACILITIES MANAGEMENT – AWARD OF CONTRACT AND AUTHORIZATION FOR
CHILDREN’S VILLAGE PENDANT SECURITY SYSTEM REPLACEMENT PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the pendant security system in Children’s Village Buildings A and J has become increasingly
unreliable and presents a security risk for Children’s Village staff; and
WHEREAS replacement of the current pendant security system will improve reliability and safety; and
WHEREAS bids for replacement of the pendant security system have been received and reviewed by
Facilities Management and the Purchasing Division; and
WHEREAS the lowest responsible bidder is Midstate Security Company of Grandville, Michigan with a bid
in the amount of $60,885; and
WHEREAS total project costs of $60,885 are recommended by Facilities Management for the Children’s
Village Pendant Security System Replacement Project; and
WHEREAS Miscellaneous Resolution #09105 authorized transfer of $28,606 from the Juvenile
Accountability Block Grant (JABG) Fund to the Project Work Order Fund to fund air conditioning for the
Children’s Village Kitchen Area Project; and
WHEREAS no charges have been made to the Children’s Village Kitchen Area Project and Children’s
Village has requested reallocation of the project funding for an emergency signaling system; and
WHEREAS the FY 2010 Capital Improvement Program includes funding for the Children’s Village
Intercom System project, a portion of which is requested to fund the balance of costs for the Children’s
Village Pendant Security System Replacement Project; and
WHEREAS funding of $32,279 is available for transfer from the FY 2010 Capital Improvement
Program/Building Improvement Fund (#40100) to the Project Work Order Fund (#40400) for the balance
of costs for the Children’s Village Pendant Security System Replacement Project.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an award of contract
for the Children’s Village Pendant Security System Replacement Project to Midstate Security Company of
Grandville, Michigan in the amount of $60,885.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $32,279 from the Capital Improvement Program/Building Fund (#40100) to the Project Work
Order Fund (#40400) for the Children’s Village Pendant Security System Replacement Project
(#100000001293).
BE IT FURTHER RESOLVED that funding of $28,606, originally authorized for the Children’s Village
Kitchen Area Project, be reallocated to the Children’s Village Pendant Security System Replacement
Project in the Project Work Order Fund.
BE IT FURTHER RESOLVED that the FY 2010 Budget is amended as follows:
BUILDING IMPROVEMENT FUND #40100
1040101-148020-788001-40400 Transfer Out $32,279
Total Expenditures $32,279
PROJECT WORK ORDER FUND #40400
1040101-148020-695500-40100 Transfer In $32,279
(Project 100000001293)
1040101-148020-695500-40400 Transfer In 28,606
(Project 100000001293)
1040101-148020-695500-27365 Transfer In ( 28,606)
(Project 100000001265)
Total Revenue $32,279
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 764.)
Commissioners Minutes Continued. October 29, 2009
754
*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.
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 and 2009 Lake Levels
Detail Summary by Community 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 vote for this motion appears on page 764.)
Commissioners Minutes Continued. October 29, 2009
755
*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.
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 and 2009 Chapter 4 Drains
Detail Summary by Community 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 vote for this motion appears on page 764.)
Commissioners Minutes Continued. October 29, 2009
756
*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
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 and 2009 Chapter 18
Drains Detail Summary by Community 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 vote for this motion appears on page 764.)
Commissioners Minutes Continued. October 29, 2009
757
*MISCELLANEOUS RESOLUTION #09245
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (NORTH AMERICAN BANCARD,
INC. PROJECT) - CITY OF TROY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions
of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen
and revitalize the County's economy and to encourage the location and expansion of such enterprises to
provide needed services and facilities to the County and its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of
1974, as amended (the "Act") provides a means for the encouragement of such projects in this County
through the County's Economic Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (North
American Bancard, Inc. Project) and has designated to this Board of Commissioners a Project Area and
Project District Area for its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies
and approves the Project Area as designated by the EDC.
BE IT FURTHER RESOLVED that, it having been determined that the territory surrounding said
designated Project Area will not be significantly affected by the Project because the surrounding territory
is devoted to commercial/industrial uses, a Project District Area having the same description as and
boundaries coterminous with the Project Area herein certified as approved be hereby established.
BE IT FURTHER RESOLVED that, it having been determined that there are less than eighteen residents,
real property owners, or representatives of establishments located within the Project District Area, a
Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of North American Bancard – City of Troy EDC No. 10-01 on file in County Clerk’s office.
(The vote for this motion appears on page 764.)
*MISCELLANEOUS RESOLUTION #09246
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (NORTH AMERICAN BANCARD,
INC. PROJECT) - CITY OF TROY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The
Economic Development Corporation of the County of Oakland designating a Project Area and Project
District Area for a project (North American Bancard, Inc. Project) under the Economic Development
Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland
of two additional directors to the Board of said Economic Development Corporation in connection with
said Project, in accordance with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
appointments of Nino Licari and John Szerlag, who are representative of neighborhood residents and
business interests likely to be affected by said Project, to the Board of Directors of The Economic
Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2)
Commissioners Minutes Continued. October 29, 2009
758
of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if
undertaken, is completed in accordance with the Project Plan therefor.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby
repealed, but only to the extent of such conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Assistant Secretary of the Board of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Appointment of Additional Directors to the EDC by the County Executive for the North American
Bancard Project (City of Troy) on file in County Clerk’s office.
(The vote for this motion appears on page 764.)
*MISCELLANEOUS RESOLUTION #09247
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2010 SECONDARY ROAD PATROL AND TRAFFIC
ACCIDENT PREVENTION PROGRAM GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff’s Office applied to the Michigan Department of State Police - Office of Highway
Safety Planning for $955,867 in grant funding from Public Act 416 to conduct secondary road patrol
activities for the period October 1, 2009 through September 30, 2010; and
WHEREAS the Michigan Department of State Police - Office of Highway Safety Planning has awarded
Oakland County with a grant in the amount of $955,867, which is a decrease from the Fiscal Year 2009
award; and
WHEREAS this is 31st year for the Secondary Road Patrol and Traffic Accident Prevention Program
Grant award; and
WHEREAS the grant provides funding for six (6) Deputy II positions (#01539, #02572, #02957, #03114,
#07501 and #09191) and two (2) Sergeant positions (#07790 and #09982) located in the Patrol Services
Division; and
WHEREAS no county match or additional positions are required; and
WHEREAS this 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 Oakland County Board of Commissioners approves the
Fiscal Year 2010 Secondary Road Patrol Grant award from the Michigan Department of State Police -
Office of Highway Safety Planning in the amount of $955,867 and that the Board Chairperson, on behalf
of the County of Oakland, is authorized to execute said agreement as attached.
BE IT FURTHER RESOLVED that the continuation of this program is contingent upon future levels of
grant program funding.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Sheriff’s Office and Secondary Road Patrol and Traffic Accident
Prevention Program Grant Award on file in County Clerk’s office.
FISCAL NOTE (MISC. #09247)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE - FISCAL YEAR 2010 SECONDARY ROAD PATROL AND TRAFFIC
ACCIDENT PREVENTION PROGRAM GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
Commissioners Minutes Continued. October 29, 2009
759
1. The Michigan Department of State Police - Office of Highway Safety Planning awarded Oakland
County a grant in the amount of $955,867 for the period October 1, 2009 through September 30,
2010. The award represents a $5,414 increase from the Fiscal Year 2009 award. This is the 31st
year of grant funding.
2. The grant provides funding for six (6) Deputy II positions (#’s 01539, 02572, 02957, 03114,
07501, and #09191) and two (2) Sergeant Positions (#’s 07790, and 09982) located in the Patrol
Services Division.
3. No County match is required. However, due to the Sheriff Deputies’ union settlement, $8,599 of
the overtime award budget is re-appropriated to cover salaries and fringe benefits.
4. A budget amendment is recommended to the Fiscal Year 2010 Special Revenue Budget as
follows:
FY 2010 FY 2010
GRANT FUND #27345 Adopted Adjusted Amended
Project GR#0000000142, Activity A,
Analysis Type GLB
Revenue
4030601-110010-610313 Fed Oper Grants $ 3,000 ($ 3,000) $ 0
4030601-110010-615571 Grants State $1,031,998 ($ 76,131) $ 955,867
Total Grant Fund Revenues $1,034,998 ($ 79,131) $ 955,867
Expenditures
4030601-110010-702010 Salaries Regular $ 541,062 ($ 4,165) $ 536,897
4030601-110010-712020 Overtime $ 50,000 ($ 28,599) $ 21,401
4030601-110010-722740 Fringe Benefits $ 350,762 ($ 35,062) $ 315,700
4030601-110010-776661 Motor Pool $ 90,174 ($ 8,305) $ 81,869
4030601-110010-750170 Other Expend Eq $ 3,000 ($ 3,000) $ 0
Total Grant Fund Expenditures $1,034,998 ($ 79,131) $ 955,867
FINANCE COMMITTEE
(The vote for this motion appears on page 764.)
*MISCELLANEOUS RESOLUTION #09248
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: OAKLAND COUNTY SHERIFF’S OFFICE/CLEMIS 2009 CLEMIS LRMS APPLICATION
SERVICES TECHNOLOGY ENHANCEMENTS BYRNE JAG STIMULUS ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Sheriff’s Office, on behalf of CLEMIS of Oakland County has solicited
and received grant funding under the Michigan Department of Community Health in the amount of
$500,000 for the period of July 1, 2009 through September 30, 2012; and
WHEREAS the acceptance of this grant for Oakland County Sheriff’s Office and CLEMIS of Oakland
County proposes to enhance its law enforcement records management application services (LRMS) with
grant funding to significantly improve performance and ease-of-use, especially for mobile users such as
patrol officers; and
WHEREAS member agencies consider other enhancements to improve services to the public important
and the LRMS enhancements are expected to be accomplished in three phases: Design and Planning;
Development and Testing; Deployment and training; and
WHEREAS the total amount of the CLEMIS LRMS Application Services Enhancement project is
anticipated to be $3,357,000 which includes the three phases as stated above and future grants and
appropriations are expected to be awarded to continue Phase II and Phase III; and
WHEREAS the grant funding of $500,000 will permit completion of Phase I for the enhancements of
Design and Planning which includes: identifying a representative project team to participate; conduct user
review/focus sessions; develop enhancement design specifications; review prototype enhanced user
interface, finalize user interface design specs; develop database design specs to support enhancements;
document preliminary business rules; finalize user review and acceptance of the prototype; prioritize
group dependent enhancements with the user project team and obtain CLEMIS Advisory Committee
Commissioners Minutes Continued. October 29, 2009
760
approval; and develop an enhancement roadmap for the enhancements based on established priorities;
and
WHEREAS the grant award has been processed through the County Executive's Contract Review
process and the Board of Commissioners Grant Application Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
grant funding from the Michigan Department of Community Health in the amount of $500,000 with no
County match requirement; and that the Board Chairperson, on behalf of the County of Oakland, is
authorized to execute said agreement as attached.
BE IT FURTHER RESOLVED the acceptance of this grant does not obligate the County to any future
commitment.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Sheriff’s Office/CLEMIS, Grant Agreement between Michigan
Department of Community Health and County of Oakland, Purpose, Statement of Work, Program Budget
Summary, Performance/Progress Report Requirements, Financial Status Report, Audit Status Notification
Letter, and Byrne Justice Assistance Grant on file in County Clerk’s office.
FISCAL NOTE (MISC. #09248)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: OAKLAND COUNTY SHERIFF’S OFFICE/CLEMIS 2009 CLEMIS LRMS APPLICATION
SERVICES TECHNOLOGY ENHANCEMENTS BYRNE JAG STIMULUS 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 has awarded $500,000 in federal pass through
grant funds as part of the American Recovery Reinvestment Act of 2009 to the Oakland County
Sheriff’s Office and CLEMIS of Oakland County to enhance its law enforcement records
management application services (LRMS).
2. The LRMS enhancement project will be developed in three phases which utilize grants funds of
$500,000 for contractual services to complete Phase I - Design and Planning.
3. The total amount of the CLEMIS LRMS Application Services Enhancement project is estimated to
be $3,357,000 for the three phases of the project and future grants and appropriations are
anticipated to be awarded to continue Phase II and Phase III of the enhancements.
4. The grant funding for Phase I is a three year grant period starting July 1, 2009 through
September 30, 2012.
5. There is no county match or additional positions required.
6. A budget amendment to the Fiscal Year 2010 Special Revenue Budget is recommended to
recognize the grant award as follows:
GRANT FUND #27342 FY 2010
Revenue
1080305-116150-610313 Federal Operating Gt $500,000
Total Grant Fund Revenue $500,000
Expense
1080305-116150-731458 Professional Svcs $500,000
Total Grant Fund Expense $500,000
FINANCE COMMITTEE
(The vote for this motion appears on page 764.)
Commissioners Minutes Continued. October 29, 2009
761
*REPORT (MISC. #09239)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
IN THE CITY OF ROCHESTER HILLS – 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09239 on October 21, 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 #09239
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
IN THE CITY OF ROCHESTER HILLS – 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the City of Rochester Hills has contracted with the Oakland County Sheriff's Department to
provide law enforcement services for the City (M.R. #08249); and
WHEREAS paragraph 24 of this Contract provided that an amendment to this Contract must be approved
by concurrent resolutions of both the Oakland County Board of Commissioners and the Rochester Hills
City Council; and
WHEREAS the City of Rochester Hills has approved a proposed amendment to the contract (Schedule A
Deputies Contracted) which would delete (1) Detective Sergeant reducing the number of Detective
Sergeants from two (2) to one (1) and bringing the total number of contracts to fifty-nine (59); and
WHEREAS the Sheriff has agreed to delete one (1) Detective Sergeant for the City of Rochester Hills
under the terms of this contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an
amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's
Department 2009 Law Enforcement Services Agreement with the City of Rochester Hills to delete one (1)
Detective Sergeant.
BE IT FURTHER RESOLVED that position #02200 be deleted in the Rochester Hills Unit, Patrol Services
Division of the Sheriff’s Office.
BE IT FURTHER RESOLVED that one unmarked vehicle with radio be deleted.
BE IT FURTHER RESOLVED that this amendment will take effect October 31, 2009.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
OAKLAND COUNTY SHERIFF'S DEPARTMENT 2009 LAW ENFORCEMENT SERVICES AGREEMENT
WITH CITY OF ROCHESTER HILLS
Amendment 2
Pursuant to paragraph 24 of the 2009 Law Enforcement Services Agreement between the COUNTY and
the CITY OF ROCHESTER HILLS, the parties hereby agree to amend said contract in accordance with
the attached Schedules A.
All other contractual provisions, of the 2009 Law Enforcement Services Agreement not otherwise affected
by the attached Schedules A, remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, set forth in this
Amendment 2 to the 2009 Law Enforcement Services Agreement, ("Amendment") and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned
hereby execute this Amendment 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, Bryan K. Barnett, Mayor of the City of Rochester Hills, hereby acknowledges
that he has been authorized by a resolution of the City Council, to execute this Amendment on behalf of
the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this
Amendment.
Commissioners Minutes Continued. October 29, 2009
762
EXECUTED: __________________________ DATE: _______________
Bryan K. Barnett, Mayor
WITNESSED: __________________________, Clerk DATE: _______________
City of Rochester 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, to execute this Amendment on behalf of Oakland County, and hereby accepts and binds
Oakland County to the terms and conditions of this Amendment.
EXECUTED: __________________________ DATE: _______________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: __________________________ DATE: _______________
Ruth Johnson, Clerk
County of Oakland
Copy of City of Rochester Hills 2009 – Schedule A – Sheriff’s Deputies Contracted for and to be Assigned
to Municipality on file in County Clerk’s office.
FISCAL NOTE (MISC. #09239)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
IN THE CITY OF ROCHESTER HILLS – 2009
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 City of Rochester Hills has requested an amendment to the patrol contract between the City
and the Oakland County Sheriff for law enforcement services.
2. The contract amendment deletes one (1) Detective Sergeant position #4030601-02200, reducing
the total number of contracted positions with the City of Rochester Hills to fifty-nine (59).
3. In addition, one (1) unmarked vehicle with radio is to be deleted.
4. The contract amendment will take effect October 31, 2009.
5. Operating revenues and expenses will be reduced by $124,747 for Fiscal Year 2010 and
$136,088 for Fiscal Year 2011 and 2012.
6. A budget amendment to the Fiscal Year 2010, 2011 and 2012 budget is recommended as
follows:
FY 2010 FY 2011 & 2012
GENERAL FUND #10100
Revenue
4030601-110000-632093 Sheriff Spec Deputies ($124,747) ($136,088)
Total General Fund Revenues ($124,747) ($136,088)
Expenditures
4030601-116180-702010-40130 Salaries Regular ($ 69,367) ($ 75,673)
4030601-116180-722790-40130 FB FICA ($ 5,307) ($ 5,789)
4030601-116180-722770-40130 FB Retirement ($ 21,802) ($ 23,784)
4030601-116180-722780-40130 FB Hosp ($ 9,812) ($ 10,704)
4030601-116180-722760-40130 FB Group Life ($ 208) ($ 227)
4030601-116180-722750-40130 FB Workers Comp ($ 1,808) ($ 1,972)
4030601-116180-722810-40130 FB Disability ($ 243) ($ 265)
4030601-116180-722800-40130 FB Dental ($ 640) ($ 698)
4030601-116180-722820-40130 FB Unemp ($ 138) ($ 151)
4030601-116180-722850-40130 FB Optical ($ 50) ($ 54)
4030601-110000-776661 Motor Pool ($ 9,020) ($ 9,840)
4030601-110000-772618 Equipment Rental ($ 165) ($ 180)
4030601-110000-732060 Uniform Cleaning ($ 427) ($ 466)
4030901-110040-750070 Deputy Supplies ($ 360) ($ 393)
Commissioners Minutes Continued. October 29, 2009
763
4030101-112580-774677 Insurance Fund ($ 545) ($ 595)
4030601-110000-773535 Info Tech CLEMIS ($ 149) ($ 163)
4030510-116230-712020 Overtime - Dispatch ($ 4,706) ($ 5,134)
Total General Fund Expenditures ($124,747) ($136,088)
FINANCE COMMITTEE
(The vote for this motion appeared on page 764.)
*REPORT (MISC. #09249)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: PUBLIC SERVICES DEPARTMENT/MEDICAL EXAMINER OFFICE DELETION OF ONE (1)
DEPUTY FORENSIC PATHOLOGIST POSITION AND THE CREATION OF ONE (1) PTNE DEPUTY
FORENSIC PATHOLOGIST POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on October 21, 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 #09249
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PUBLIC SERVICES DEPARTMENT/MEDICAL EXAMINER OFFICE DELETION OF ONE (1)
DEPUTY FORENSIC PATHOLOGIST POSITION AND THE CREATION OF ONE (1) PTNE DEPUTY
FORENSIC PATHOLOGIST POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Medical Examiner Office is responsible for investigating deaths that occur within the
County to determine cause and manner of death and to issue a death certificate, as mandated by State
Statue; and
WHEREAS the Medical Examiner Office has experienced a back-log of toxicology screens and autopsy
reports within the past ten months; and
WHEREAS the Medical Examiner Office is requesting to reallocate funds from the deletion of one position
to improve office efficiencies with the completion of autopsy and toxicology reports; and
WHEREAS the Medical Examiner Office reorganization will provide finalization of autopsy and toxicology
reports in a more timely manner; and
WHEREAS the Medical Examiner Office proposes to delete one (1) FTE Deputy Forensic Pathologist
position, and create one (1) PTNE 1,000 hours/year position.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
deletion of one (1) full-time eligible Deputy Forensic Pathologist position (1070601-09975) and the
creation of one (1) part-time non-eligible 1,000 hour/year Deputy Forensic Pathologist position within the
Medical Examiner’s Office.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #09249)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PUBLIC SERVICES DEPARTMENT/MEDICAL EXAMINER OFFICE DELETION OF ONE (1)
DEPUTY FORENSIC PATHOLOGIST POSITION AND THE CREATION OF ONE (1) PTNE DEPUTY
FORENSIC PATHOLOGIST POSITION
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. October 29, 2009
764
1. The Medical Examiner’s Division proposes the deletion of one (1) FTE Deputy Forensic
Pathologist position, and creation of one (1) PTNE 1,000 hours/year Deputy Forensic Pathologist
position to help alleviate the back-log of toxicology screens and autopsy reports and provide
finalization of autopsy and toxicology reports in a more timely manner.
2. Savings from the personnel changes amount to $132,402 for the remainder of FY 2010 and
$143,434 on an annual basis.
3. The division has requested to reallocate the salary savings into their Laboratory Fees operating
expense line item to provide additional funding for analysis by outside laboratories.
4. A budget amendment for FY 2010, FY 2011 and FY 2012 is recommended as follows to reflect
the deletion of the FTE position and creation of the PTNE position and to reallocate the salary
savings into their Laboratory Fees operating expense line item:
GENERAL FUND (#10100) FY 2010 FY 2011 FY 2012
Expenditures
1070601-132030-702010 Salaries Reg. (ME Svcs) ($ 75,157) ($ 81,419) ($ 81,419)
1070601-132050-722750 Worker’s Compensation ( 1,152) ( 1,232) ( 1,232)
1070601-132050-722760 Group Life ( 527) ( 571) ( 571)
1070601-132050-722770 Retirement ( 47,563) ( 51,548) ( 51,548)
1070601-132050-722780 Hospitalization ( 185) ( 200) ( 200)
1070601-132050-722790 Social Security ( 6,945) ( 7,660) ( 7,660)
1070601-132050-722800 Dental ( 46) ( 50) ( 50)
1070601-132050-722810 Disability ( 510) ( 553) ( 553)
1070601-132050-722820 Unemployment Insurance ( 282) ( 163) ( 163)
1070601-132050-722850 Optical ( 35) ( 38) ( 38)
1070601-132030-731031 Laboratory Fees $132,402 $143,434 $ 143,434
Total General Fund $ -0- $ -0- $ -0-
FINANCE COMMITTEE
Vote on Consent Agenda:
AYES: Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub,
Woodward, Zack, Burns. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda, were adopted (with accompanying reports being accepted).
REPORT (MISC. #09144)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – EXPANSION OF AUTHORIZED DEPOSITORIES FOR
PUBLIC FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution, on October 22, 2009, reports
with the recommendation that the resolution be adopted with amendments as follows:
MISCELLANEOUS RESOLUTION #09144
BY: Commissioner David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – EXPANSION OF AUTHORIZED DEPOSITORIES FOR
PUBLIC FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS State of Michigan P.A. 40 of 1942, 1932 PA 40, as amended, AT SECTION 2, MCL
129.12, requires the Board of Commissioners to provide by resolution for the deposit INTO 1 OR
MORE FINANCIAL INSTITUTIONS of all public monies coming into the hands of the County
Treasurer; and
WHEREAS the Board of Commissioners’ Miscellaneous Resolutions #6836, #7045, #7428, #8030,
#84150, #89005, #92155, #97246, #01178, #06005, and #08004 have authorized depositories; and
Commissioners Minutes Continued. October 29, 2009
765
WHEREAS 1932 PA 40, AS AMENDED, AT SECTION 6, MCI 129.16, DEFINES “FINANCIAL
INSTITUTION” TO INCLUDE FEDERALLY CHARTERED SAVINGS AND LOAN ASSOCIATIONS
AND CREDIT UNIONS WHOSE DEPOSITS ARE INSURED BY AN AGENCY OF THE UNITED
STATES GOVERNMENT AND THAT MAINTAIN A PRINCIPAL OFFICE OR BRANCH OFFICE
LOCATED IN THIS STATE UNDER THE LAWS OF THIS STATE OR THE UNITED STATES; AND
WHEREAS a credit union is a not-for-profit cooperative financial institution that is owned and
controlled by its members, and operated for the purpose of promoting thrift, providing credit at
reasonable rates, and providing other financial services to its member; and
WHEREAS Oakland County IS HOME TO NUMEROUS FEDERALLY INSURED CREDIT UNIONS
THAT CAN BE RESPONSIBLY SUPPORTED UNDER ACT 40. strives to support all of our county’s
financial institutions.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners HEREBY
designates the following named Oakland County credit unions as authorized depositories for public
monies held by the OAKLAND County Treasurer ALL FEDERALLY CHARTERED CREDIT UNIONS
WHOSE DEPOSITS ARE INSURED BY AN AGENCY OF THE UNITED STATES GOVERNMENT
AND THAT MAINTAIN A PRINCIPAL OFFICE OR BRANCH OFFICE LOCATED IN OAKLAND
COUNTY UNDER THE LAWS OF THIS STATE OR THE UNITED STATES in addition to those
approved in Miscellaneous Resolution #08004:
Affinity Group CU Best Source CU Birmingham-Bloomfield CU
Chief Pontiac FCU Chiropractic FCU Clarkston Brandon Community CU
Clawson Community CU Community Choice CU Construction Federal Credit Union CU
Credit Union Advantage CU Credit Union ONE Iron Workers Local 25 CU
Kelly FCU Lakes Community CU Kensington Valley Community CU
Latvian Heritage FCU LOC FCU Cornerstone Community
Financial CU
Metro North CU Michigan Catholic CU Michigan Services CU
My Postal Credit Union Northwood CU Oakland County CU
OUR Credit Union PARDA FCU Peoples Trust CU
ROME CU T & C FCU St. Joseph Mercy Hosp. Pontiac FCU
USA CU T & I CU Southeast Michigan State EFCU
Walled Lake School EFCU Westacres CU United Christian Community CU
BE IT FURTHER RESOLVED that ANY FEDERALLY CHARTERED CREDIT UNION
ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS RESOLUTION OR ANY succeeding
credit unions ESTABLISHED as a result of mergers, and or acquisitions or resulting from a NAME
CHANGE WHOSE DEPOSITS ARE INSURED BY AN AGENCY OF THE UNITED STATES
GOVERNMENT AND THAT MAINTAIN A PRINCIPAL OFFICE OR BRANCH OFFICE LOCATED
IN OAKLAND COUNTY UNDER THE LAWS OF THIS STATE OR THE UNITED STATES AND
ARE OTHERWISE ARE ELIGIBLE FINANCIAL INSTITUTIONS UNDER 1932 PA 40 AS
AMENDED ARE HEREBY AUTHORIZED DEPOSITORIES FOR PUBLIC MONIES HELD BY THE
OAKLAND COUNTY TREASURER. from the above list, shall also be deemed as authorized. In
addition, any new financial institution that is formed in the County shall also be deemed as authorized
provided that the County Treasurer limits deposits to FDIC insurance levels.
BE IT FURTHER RESOLVED THAT UNLESS SPECIFICALLY APPROVED IN EACH AND EVERY
INSTANCE BY THE FULL BOARD OF COMMISSIONERS NO DEPOSIT MAY BE MADE INTO
ANY FINANCIAL INSTITUTION , including but not limited to credit unions, OTHERWISE
AUTHORIZED TO RECEIVE DEPOSITS UNDER THIS RESOLUTION from the County IF AN
ELECTED OR APPOINTED OFFICIAL OF OAKLAND COUNTY GOVERNMENT HAVING
AUTHORITY TO DESIGNATE DEPOSITORIES OR TO AUTHORIZE OR CONTROL DEPOSITS IS
EMPLOYED BY OR IS AN OFFICER OR DIRECTOR OF SAID FINANCIAL INSTITUTION.
BE IT FURTHER RESOLVED that the DESIGNATED authorized depositories are hereby authorized
to honor all checks, electronic transfers, or other automated instruments for payment of money drawn
on the various accounts when bearing or purporting the actual or facsimile signature or authorization
of the Treasurer of the County of Oakland County of Oakland or his designated deputies.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Treasurer.
Commissioners Minutes Continued. October 29, 2009
766
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, JANET JACKSON, ERIC
COLEMAN, MARCIA GERSHENSON, GARY
McGILLIVRAY, TIM BURNS, DAVID COULTER,
JIM NASH, TIM GREIMEL, HELAINE ZACK,
MATTIE HATCHETT
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #09144
BY: Commissioner David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – EXPANSION OF AUTHORIZED DEPOSITORIES FOR
PUBLIC FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS State of Michigan P.A. 40 of 1942, as amended, requires the Board of Commissioners to
provide by resolution for the deposit of all public monies coming into the hands of the County Treasurer;
and
WHEREAS the Board of Commissioners’ Miscellaneous Resolutions #6836, #7045, #7428, #8030,
#84150, #89005, #92155, #97246, #01178, #06005, and #08004 have authorized depositories; and
WHEREAS a credit union is a not-for-profit cooperative financial institution that is owned and controlled
by its members, and operated for the purpose of promoting thrift, providing credit at reasonable rates, and
providing other financial services to its member; and
WHEREAS Oakland County strives to support all of our county’s financial institutions.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners designates the
following named Oakland County credit unions as authorized depositories for public monies held by the
County Treasurer in addition to those approved in Miscellaneous Resolution #08004:
Affinity Group CU Best Source CU Birmingham-Bloomfield CU
Chief Pontiac FCU Chiropractic FCU Clarkston Brandon Community CU
Clawson Community CU Community Choice CU Construction Federal Credit Union CU
Credit Union Advantage CU Credit Union ONE Iron Workers Local 25 CU
Kelly FCU Lakes Community CU Kensington Valley Community CU
Latvian Heritage FCU LOC FCU Cornerstone Community Financial CU
Metro North CU Michigan Catholic CU Michigan Services CU
My Postal Credit Union Northwood CU Oakland County CU
OUR Credit Union PARDA FCU Peoples Trust CU
ROME CU T & C FCU St. Joseph Mercy Hosp. Pontiac FCU
USA CU T & I CU Southeast Michigan State EFCU
Walled Lake School EFCU Westacres CU United Christian Community CU
BE IT FURTHER RESOLVED that succeeding credit unions, as a result of mergers and or acquisitions or
resulting from a name change, from the above list, shall also be deemed as authorized. In addition, any
new financial institution that is formed in the County shall also be deemed as authorized provided that the
County Treasurer limits deposits to FDIC insurance levels.
BE IT FURTHER RESOLVED that the authorized depositories are hereby authorized to honor all checks,
electronic transfers, or other automated instruments for payment of money drawn on the various accounts
when bearing or purporting the actual or facsimile signature or authorization of the Treasurer of the
County of Oakland County of Oakland or his designated deputies.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Treasurer.
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, JANET JACKSON, ERIC
COLEMAN, MARCIA GERSHENSON, GARY
McGILLIVRAY, TIM BURNS, DAVID COULTER,
JIM NASH, TIM GREIMEL, HELAINE ZACK,
MATTIE HATCHETT
Commissioners Minutes Continued. October 29, 2009
767
Moved by Middleton supported by Woodward the resolution be adopted.
Moved by Middleton supported by Woodward the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Middleton supported by Woodward the resolution be amended to coincide with the
recommendation in the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Vote on amendment:
AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen,
Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward,
Zack, Burns, Capello. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long,
McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack,
Burns, Capello, Coulter. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
REPORT (MISC. #09180)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS – REQUIRING OAKLAND COUNTY TO PARTICIPATE IN THE
FEDERAL E-VERIFY PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09180 on October 21, 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
REPORT (MISC. #09180)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – REQUIRING OAKLAND COUNTY TO PARTICIPATE IN THE
FEDERAL E-VERIFY PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on October 5, 2009,
recommends that the resolution be adopted with the following amendments:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
establishes a county policy that Oakland County shall register with, participate in, and utilize the E-
Verify Program (or any successor program implemented by the federal Department of Homeland
Security and/or the federal Social Security Administration) when hiring new employees after
September 8, 2009 February 1, 2010.
BE IT FURTHER RESOLVED that Oakland County shall not hire any new employees after
September 8, 2009 unless it utilizes the E-Verify Program (or any successor program implemented by
Commissioners Minutes Continued. October 29, 2009
768
the federal Department of Homeland Security and/or the federal Social Security Administration) to
verify the work authorization status of the newly hired employees.
BE IT FURTHER RESOLVED that the County Executive County’s Human Resources Department
shall formulate rules and procedures that include a clause that the County's Human Resources
Department must implement the provisions of this resolution to implement the provisions of this
resolution.
BE IT FURTHER RESOLVED that said rules and procedures be presented to the Board of
Commissioners by October 1, 2009 for approval before implementation. Human Resources
Committee on or before February 1, 2010.
BE IT FURTHER RESOLVED that the administration shall report to the General Government Human
Resources Committee on the anniversary of the implementation of this E-Verify policy for employees
as to its effectiveness, accuracy, and burden and that upon receipt of this report and the review and
approval by the General Government Committee that the Oakland County Board of Commissioners’
approval be required for continued effect.
BE IT FURTHER RESOLVED that copies of this resolution approving implementation of the E-Verify
program be sent to Michigan’s Congressional delegation, its State Legislative delegation, and all its
local units of government in support of our nation’s immigration laws.
Chairperson, we move the foregoing resolution.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #09180
BY: Commissioners Tim Greimel, Jim Runestad, Tim Burns, Steven Schwartz
IN RE: BOARD OF COMMISSIONERS – REQUIRING OAKLAND COUNTY TO PARTICIPATE IN THE
FEDERAL E-VERIFY PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS according to the Pew Hispanic Center, a non-profit, non-partisan research organization, there
are approximately 7.2 million undocumented workers in the United States, and Michigan has an
estimated 150,000 immigrants living within the state illegally; and
WHEREAS according to the United States Department of Labor, Michigan has the highest unemployment
rate in the nation at 12.6% (Bureau of Labor Statistics Report 4/17/2009), including Oakland County at
almost 12% and climbing; and
WHEREAS research by the Mackinac Center for Public Policy suggests the true unemployment rate,
including those who have been reduced to part-time work, stopped looking for work, or have dropped off
the unemployment rolls may be significantly higher than that reported by the U.S. Department of Labor;
and
WHEREAS the Detroit News (4/2/2009) has reported that Michigan has lost nearly half a million residents
to other states over the last 8 years looking for employment; and
WHEREAS Michigan and Oakland County are suffering from an economic recession with citizens and
legal aliens having difficulty gaining employment within the state; and
WHEREAS the Wall Street Journal (7/30/2008) reported that more than $11 billion in wages last year
earned by unauthorized foreign workers in the United States was sent back to their home countries and
therefore was not spent to stimulate the United States economy; and
WHEREAS businesses that hire illegal workers undercut honest competitors, contribute to increased
unemployment for U.S. citizens and legal aliens, and financially burden local communities with additional
health and social services costs; and
WHEREAS it is in the best interests for the security and economic well-being of Oakland County residents
for the county government to be proactive in upholding federal immigration and employment laws; and
WHEREAS according to U.S. Citizenship and Immigration Services (USCIS), the federal E-Verify
program is 99.6% accurate, instantaneous, and free, and its use by government vendors is required by all
federal agencies and 15 states effective September 8, 2009.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
establishes a county policy that Oakland County shall register with, participate in, and utilize the E-Verify
Commissioners Minutes Continued. October 29, 2009
769
Program (or any successor program implemented by the federal Department of Homeland Security and/or
the federal Social Security Administration) when hiring new employees after September 8, 2009.
BE IT FURTHER RESOLVED that Oakland County shall not hire any new employees after September 8,
2009 unless it utilizes the E-Verify Program (or any successor program implemented by the federal
Department of Homeland Security and/or the federal Social Security Administration) to verify the work
authorization status of the newly hired employees.
BE IT FURTHER RESOLVED that the County Executive shall formulate rules and procedures that include
a clause that the County's Human Resources Department must implement the provisions of this
resolution.
BE IT FURTHER RESOLVED that said rules and procedures be presented to the Board of
Commissioners by October 1, 2009 for approval before implementation.
BE IT FURTHER RESOLVED that the administration shall report to the General Government Committee
on the anniversary of the implementation of this E-Verify policy for employees as to its effectiveness,
accuracy, and burden and that upon receipt of this report and the review and approval by the General
Government Committee that the Oakland County Board of Commissioners’ approval be required for
continued effect.
BE IT FURTHER RESOLVED that copies of this resolution approving implementation of the E-Verify
program be sent to Michigan’s Congressional delegation, its State Legislative delegation, and all its local
units of government in support of our nation’s immigration laws.
Chairperson, we move the foregoing resolution.
TIM GREIMEL, JIM RUNESTAD, TIM BURNS,
STEVEN SCHWARTZ, ERIC COLEMAN, JIM
NASH, DAVID COULTER, GARY
McGILLIVRAY, HELAINE ZACK, MARCIA
GERSHENSON, BILL BULLARD, DAVID
WOODWARD, SHELLEY TAUB, JANET
JACKSON, JEFF POTTER
Moved by Long supported by Runestad the resolution be adopted.
Moved by Long supported by Jackson the Human Resources Committee Report and the General
Government Committee Report be accepted.
A sufficient majority having voted in favor, the reports were accepted.
Moved by Long supported by Runestad the resolution be amended to coincide with the recommendation
in the General Government Committee Report.
Vote on amendment:
AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray,
Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Burns,
Capello, Coulter, Douglas. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton,
Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Burns, Capello, Coulter,
Douglas, Gershenson. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
Commissioners Minutes Continued. October 29, 2009
770
REPORT (MISC. #09250)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2009/2010
COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on October 21, 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 #09250
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2009/2010
COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Community Health (MDCH) has awarded the Oakland County
Health Division funding in the amount of $10,463,262; and
WHEREAS this amount includes $847,618 in funding formerly included in the agreement with the
Department of Environmental Quality; and
WHEREAS this amount also includes $1,079,585 in new funding for H1N1 response; and
WHEREAS this amount includes $73,000 for adolescent STD screening that was formerly performed by
Children’s Village staff; and
WHEREAS the transfer of this program requires the creation of one (1) SR PTNE 1,500 hours/year Public
Health Nurse III position; and
WHEREAS this agreement is for the period of October 1, 2009 through September 30, 2010; and
WHEREAS the CPBC Agreement has been submitted through the County Executive Review Process and
is recommended for approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts
the 2009/2010 Comprehensive Planning, Budgeting, and Contracting (CPBC) agreement for funding in
the amount of $10,463,262 for the period of October 1, 2009 through September 30, 2010.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the creation of
one (1) SR PTNE 1,500 hours/year Public Health Nurse III position in the Adolescent Screening Program
(1060234).
BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the
level of funding for this program.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any
changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with
the agreement as originally approved.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its
Chairperson to execute this Agreement subject to the following additional condition: That the County's
approval for entering into this Agreement is specifically conditioned and premised upon the acceptance,
approval and execution of the Agreement containing Addendum A, by the Michigan Department of
Community Health, and that the failure of the Michigan Department of Community Health to execute the
Agreement as specified shall, without any further act of the Oakland County Board of Commissioners,
automatically negate and void the County’s approval and/or acceptance of this agreement as provided for
in this resolution.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. October 29, 2009
771
Copy of County of Oakland Department of Health and Human Services Health Division FY 2009/2010
Comprehensive Planning, Budgeting, and Contracting Agreement (CPBC) Acceptance, Grant Review
Sign Off – Health Division, Agreement between Michigan Department of Community Health and County
of Oakland, Attachment III, Attachment IV – MDCH Funding Allocations/Reimbursement Mechanisms
Matrix, Attachment I – Instructions for the Annual Budget, Attachment II – Guidance to State Agencies
Regarding the Use of Funds Received under the American Recover and Reinvestment Act, Attachment III
– Program Specific Assurances and Requirements, Applicable Laws, Rules, Regulations, Policies,
Procedures and Manuals, and Schedule A – Budget Amendments on file in County Clerk’s office.
FISCAL NOTE (MISC. #09250)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2009/2010
COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT
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 (MDCH) has awarded Oakland County
Health Division funding in the amount of $10,463,262 for the period October 1, 2009,
through September 30, 2010.
2. The FY 2009/2010 award includes $847,618 in funding formerly included in the agreement
with the Department of Environmental Quality. Also, included is $1,079,595 in new funding
for H1N1 response.
3. Funding has been discontinued to the Infant Mortality Coalition and the Nurse Family
Partnership programs.
4. The award further includes $73,000 for adolescent STD (Sexually Transmitted Diseases)
screening, previous funded by a separate grant (Fund 28002 – Children’s Village
Screening). Due to the transfer of adolescent STD screening, this program requires the
creation of one (1) SR PTNE 1,500 hours/year Public Health Nurse III position.
5. The FY 2010 award reflects an increase in the amount of $721,640 from the latest FY 2009
amended award amount of $9,741,622.
6. Total Health Fund Revenue is as follows:
Michigan Dept. of Community Health $2,565,432
Food Protection 821,317
MDEQ Drinking Water 491,618
MDEQ On-Site Sewage 356,000
Sexually Transmitted Disease 108,646
Total Health Fund $4,343,013
7. Total Grant Fund Revenue is as follows:
Aids Prevention $ 497,900
Bioterrorism Coordinator 393,792
Cities Readiness Initiative 262,245
Childhood Lead 44,518
EPI Planner Workplace 10,000
BT (Bioterrorism) H1N1 Planning (Swine Flu) 1,070,085
PHER (Pub Health Emerg Response) H1N1 9,500
CSHCS Outreach and Advocacy 285,000
Early Warning Infectious Dis. Surv. 4,640
Expanded HIV Test 240,000
Generation with Promise 15,000
Immunization Action Plan 464,777
Adolescent Screening 73,000
Maternal and Infant Support 321,457
TB Control 71,778
BT Lab Program 124,951
Commissioners Minutes Continued. October 29, 2009
772
Lab – ELC 15,000
Reaching More Child and Adults 116,520
Vaccine Replacement/Handling 106,400
WIC 1,993,686
Total Grants $ 6,120,249
Total Program $ 10,463,262
8. A budget amendment is recommended per the attached Schedule A, to reflect the FY 2010
award.
FINANCE COMMITTEE
Moved by Long supported by Jackson the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Jackson the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution:
AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash,
Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Burns, Capello, Coulter,
Douglas, Gershenson, Gingell. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #09251
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2009/2010
COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT
AMENDMENT #1 ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Community Health (MDCH) originally awarded the Oakland
County Health Division funding in the amount of $10,463,262 with the FY 2009/2010 Comprehensive
Planning, Budgeting, and Contracting (CPBC) Agreement; and
WHEREAS MDCH has awarded the Oakland County Health Division an additional $2,387,213 for H1N1
response; and
WHEREAS this amendment is for the period of October 1, 2009 through July 30, 2010; and
WHEREAS the Amendment has been submitted through the County Executive Review Process and is
recommended for approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts
Amendment #1 to the FY 2009/2010 Comprehensive Planning, Budgeting, and Contracting (CPBC)
agreement for funding in the amount of $2,387,213 for the period of October 1, 2009 through July 30,
2010.
BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the
level of funding for this program.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any
changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with
the agreement as originally approved.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its
Chairperson to execute this Agreement subject to the following additional condition: That the County's
approval for entering into this Agreement is specifically conditioned and premised upon the acceptance,
approval and execution of the Agreement containing Addendum A, by the Michigan Department of
Community Health, and that the failure of the Michigan Department of Community Health to execute the
Agreement as specified shall, without any further act of the Oakland County Board of Commissioners,
automatically negate and void the County’s approval and/or acceptance of this agreement as provided for
in this resolution.
Commissioners Minutes Continued. October 29, 2009
773
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Health Division, Amendment No. 1 to Comprehensive Planning,
Budgeting and Contracting Agreement between the Michigan Department of Community Health and
County of Oakland, E-mail Regarding Amendment, and MDCH Funding Allocations/Reimbursement
Mechanisms Matrix on file in County Clerk’s office.
FISCAL NOTE (MISC. #09251)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2009/2010
COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT
AMENDMENT #1 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 (MDCH) originally awarded Oakland County
Health Division funding in the amount of $10,463,262 for the period October 1, 2009, through
September 30, 2010.
2. The Michigan Department of Community Health (MDCH) as awarded the Oakland County Health
Division an additional $2,387,213 for H1N1 response (Amendment 1).
3. The original FY 2010 award of $10,463,262 and the current award of $2,387,213 reflects total
funding in the amount of $12,850,475.
4. The following budget amendment is recommended to the FY 2010 Adopted Budget to recognize
the latest grant award as follows:
FUND 28605
Revenue:
1060290-115032-610313 Federal Operating $2,387,213
Expense:
1060290-115032-702010 Salaries $ 250,000
1060290-115032-712020 Overtime 250,000
1060290-115032-722750 Fringe Benefits 241,425
1060290-115032-730373 Contracted Services 1,575,088
1060290-115032-730926 Indirect Cost 70,700
$2,387,213
FINANCE COMMITTEE
Moved by Long supported by Woodward the resolution (with fiscal note attached) be adopted.
AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack, Burns, Capello, Coulter, Douglas,
Gershenson, Gingell, Gosselin. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #09252
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEAR 2010 – 2012 LABOR AGREEMENT
EMPLOYEES REPRESENTED BY THE OAKLAND PROSECUTORS INVESTIGATORS
ASSOCIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. October 29, 2009
774
WHEREAS the County of Oakland and the Oakland County Prosecutor’s Investigators Association, have
been negotiating a contract covering approximately six employees; and
WHEREAS a three year agreement has been reached for the period October 1, 2009 through September
30, 2012, and said agreement has been reduced to writing; and
WHEREAS this agreement provides for a 2.5% wage reduction for Fiscal Year 2010; and a wage and
benefit re-opener for Fiscal Year 2011and 2012; and
WHEREAS this agreement provides for the elimination of the $300 deferred compensation match
effective January 2010; and
WHEREAS the agreement has been reviewed by your Human Resources Committee, which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and the Oakland County Prosecutor’s Investigators
Association, covering the period of October 1, 2009, through September 30, 2012, and that the Board
Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
Copy of the County of Oakland and the Oakland County Prosecutor and Oakland County Prosecutor’s
Investigators Association Collective Bargaining Agreement 2009-2012, Appendix A and Appendix B on
file in County Clerk’s office.
The Vice-Chairperson referred the resolution to the Finance Committee.
Discussion followed.
Moved by Schwartz supported by Burns to recess and go into a closed session.
Discussion followed.
Vice-Chairperson Mike Gingell declared a brief recess at 10:20 a.m. to discuss with Corporation Counsel.
The meeting reconvened at 10:22 a.m.
Vice-Chairperson Mike Gingell stated that according to the Open Meetings Act, the Board is not
authorized to go into a closed meeting because they are not a direct negotiating party.
Discussion followed.
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09253
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: BUILDING AUTHORITY - RESOLUTION SUPPLEMENTING THE AUTHORIZATION
GRANTED TO THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT TO
ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY, MICHIGAN TO BE USED BY THE
OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"),
have approved a project to acquire various facilities located in the County of Oakland (the "Project") which
are now being used by the Oakland County Community Mental Health Authority (the “CMHA”), all as
more fully described in EXHIBIT A to a Lease Contract (as hereinafter defined), and a proposed Lease
Contract between the County and the Oakland County Building Authority (the "Authority") dated as of
December 1, 2006 (the "Lease Contract"), as amended pursuant to which the Authority has acquired,
Commissioners Minutes Continued. October 29, 2009
775
constructed, furnished, renovated and equipped part of the Project as contemplated by the terms of Act
No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and leased the
Project to the County for a term not to exceed 50 years as permitted by Act 31; and
WHEREAS some of the capital projects approved in the Lease Contract could not be undertaken; and
WHEREAS there are several capital projects which can be substituted for those capital projects originally
approved which could not be undertaken; and
WHEREAS there has been prepared and attached hereto as APPENDIX I a form of Second Amendment
to Lease Contract setting forth the capital projects which have been completed as well as those which will
be added to the Project and removing those projects which can not be undertaken.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. The Second Amendment to Lease Contract in the form of APPENDIX I attached hereto is hereby
approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby
authorized and directed to execute and deliver the same for and on behalf of the County. Final
plans and project description shall be approved by the Planning and Building Committee of the
Board of Commissioners before they are attached to the Lease Contract to be executed.
2. All activities involved in the planning and construction of this Project under this resolution shall
comply with the standing rules of the Board of Commissioners.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in any
blanks in Appendix I - prior to executing and filing this document with the Oakland County Clerk.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Lease Contract and Appendix A-1 on file in County Clerk’s office.
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09254
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: BUILDING AUTHORITY – RESOLUTION APPROVING AN AMENDMENT TO SUBLEASE IN
CONNECTION WITH A PROJECT TO ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY,
MICHIGAN TO BE USED BY THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"),
have approved a project to acquire various facilities located in the County of Oakland (the "Project") which
are now being used by the Oakland County Community Mental Health Authority (the “CMHA”), all as
more fully described in EXHIBIT A to a Lease Contract (as hereinafter defined), and a proposed Lease
Contract between the County and the Oakland County Building Authority (the "Authority") dated as of
December 1, 2006 (the "Lease Contract"), as amended pursuant to which the Authority has acquired,
constructed, furnished, renovated and equipped part of the Project as contemplated by the terms of Act
No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and leased the
Project to the County for a term not to exceed 50 years as permitted by Act 31; and
WHEREAS on June 27, 2007 the County and the Oakland County Community Mental Health Authority
(“CMHA”) entered into a Sublease under which the County is the Lessor and CMHA is the Lessee of a
Project which the Authority was to acquire which included various capital projects to be undertaken by the
Authority, leased to the County and thereafter subleased by the County to CMHA; and
WHEREAS some of the capital projects approved in the Sublease could not be undertaken; and
WHEREAS there are several capital projects which can be substituted for those capital projects originally
approved which could not be undertaken; and
WHEREAS there has been prepared and attached hereto as APPENDIX I a form of Amendment to
Sublease setting forth the capital projects which have been completed as well as those which will be
added to the Project and removing those projects which can not be undertaken.
Commissioners Minutes Continued. October 29, 2009
776
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. The Amendment to Sublease in the form of APPENDIX I attached hereto is hereby approved, and
the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and
directed to execute and deliver the same for and on behalf of the County.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in any
blanks in Appendix I – prior to executing and filing this document with the Oakland County Clerk.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Amendment to Sublease and Appendix A-1 on file in County Clerk’s office.
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09255
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - OAKLAND-MACOMB INTERCEPTOR DRAIN
DRAINAGE DISTRICT FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to a petition which was filed with the Director of the Michigan Department of
Agriculture on June 18, 2009 by the Charter Township of Clinton of Macomb County, through the
Macomb County Public Works Commissioner, and on June 22, 2009 by the Charter Township of
Independence of Oakland County, through the Oakland County Water Resources Commissioner,
proceedings have been carried out by the Drainage Board for the Oakland-Macomb Interceptor Drain
Drainage District (the “Drainage District”) for the financing and construction of certain projects, said
projects having been determined to be necessary for the public health; and
WHEREAS pursuant to the authorization provided in Chapter 21 of the Drain Code, the Drainage Board
of the Drainage District expects to provide for the issuance of one or more series of bonds to finance
costs relating to the project described on Schedule I (the “Project”), and the costs of issuance of such
bonds; and
WHEREAS all or a portion of such bonds will be sold to the Michigan Municipal Bond Authority
(“Authority”) under the State Revolving Fund Program; and
WHEREAS such bonds will be payable in part from the collection of special assessments against public
corporations in Oakland and Macomb Counties in the Drainage District, said special assessments to be
duly confirmed as provided in the Drain Code; and
WHEREAS pursuant to a Final Order of Apportionment dated September 1, 2009 adopted by the
Drainage Board for the Drainage District, the cost of the Project has been apportioned against public
corporations in Oakland County as follows: City of Auburn Hills (3.3059%), Independence Township
(includes City of Clarkston) (3.1622%), City of Lake Angelus (0.0359%), City of Rochester (2.9035%),
City of Rochester Hills (12.9326%), Oakland Township (2.0159%), Orion Township (4.6139%), Oxford
Township (2.4184%), Village of Lake Orion (0.6612%), Village of Oxford (1.1499%), Waterford Township
(13.4608%), and West Bloomfield Township (1.8398%); and
WHEREAS pursuant to a Final Order of Apportionment dated September 1, 2009 adopted by the
Drainage Board for the Drainage District, the cost of the Project has been apportioned against public
corporations in Macomb County: Chesterfield Township (5.2273%), City of Fraser (2.2419%), City of
Sterling Heights (16.2460%), City of Utica (0.9153%), Clinton Township (10.6143%), Harrison Township
(2.9333%), Lenox Township (0.2566%), Macomb Township (includes Washington Township) (7.9141%),
Shelby Township (4.6171%), and Village of New Haven (0.5341%); and
WHEREAS the Drainage Board of the Oakland-Macomb Interceptor Drain, by resolution adopted October
13, 2009, authorized and provided for the issuance by the Oakland-Macomb Interceptor Drain Drainage
District of its Drain Bonds, Series 2010A, in the aggregate principal amount of not to exceed $57,500,000
(the “Series 2010A Bonds”) to defray part of the costs of the Project; and
Commissioners Minutes Continued. October 29, 2009
777
WHEREAS in the future the Drainage Board may issue additional bonds to finance additional costs of the
Project in an amount not to exceed $12,500,000 (the “Additional Bonds,” and together with the Series
2010A Bonds, the “Drain Bonds”); and
WHEREAS Section 526 of Act 40, Public Acts of Michigan, 1956, as amended (the “Drain Code”),
authorizes a county to pledge its full faith and credit for the payment of obligations issued under Chapter
21 of the Drain Code, if the county board of commissioners has adopted a resolution by two-thirds (2/3)
vote of its members-elect to that effect; and
WHEREAS the Series 2010A Bonds are to be designated Oakland-Macomb Interceptor Drain Drainage
District Bonds (Limited Tax General Obligation), Series 2010A, with such modifications and other
designations as may be approved by resolution of the Drainage Board, in an aggregate principal amount
not to exceed $57,500,000, with such bonds expected to be issued in approximately January 2010,
bearing interest at the rates and maturing in such amounts and at such times as may be determined
pursuant to the resolution of the Drainage Board; and
WHEREAS said Project is immediately necessary to protect and preserve the public health, and it is in
the best interest of Oakland County that the Drain Bonds be sold and secured by a pledge of the full faith
and credit of Oakland County, as authorized by Section 526 of the Drain Code; and
WHEREAS the Board of Commissioners of Macomb County is expected to adopt a similar resolution
pledging its full faith and credit for the payment of the Drain Bonds.
NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners:
1. Pursuant to the authorization provided in Section 526 of the Drain Code, the Oakland County
Board of Commissioners, by a majority vote of at least two-thirds (2/3) of its members-elect, does
hereby irrevocably pledge the full faith and credit of Oakland County for the prompt payment of
the principal of and interest on the Drain Bonds, in one or more series, not to exceed in the
aggregate $70,000,000, and does agree that in the event any public corporations in Oakland
County shall fail or neglect to account to the Oakland County Treasurer for the amount of any
special assessment installment and interest (in anticipation of which the bonds are issued) when
due, then the amount thereof shall be advanced from the funds of Oakland County, and the
Oakland County Treasurer is directed to make such advancement to the extent necessary.
2. In the event that, pursuant to said pledge of its full faith and credit Oakland County advances out
of Oakland County funds all or any part of the principal and interest due on the bonds, it shall be
the duty of the Oakland County Treasurer, for and on behalf of Oakland County, to take all
actions and proceedings and pursue all remedies permitted or authorized by law for the
reimbursement of such sums so paid.
3. The County Treasurer or the financial consultant, Municipal Financial Consultants, is authorized
to file with the Department of Treasury of the State of Michigan on behalf of the County an
Application for the State Treasurer's Approval to Issue Bonds with respect to the Bonds.
4. The County Treasurer is authorized, if necessary, to approve the circulation of a preliminary and
final official statement for the Bonds, to cause the preparation of those portions of the preliminary
and final official statement that pertain to the County, and to do all other things necessary for
compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended
(the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to
do all other things that are necessary to effectuate the sale and delivery of the Bonds.
5. The County Treasurer is hereby authorized, if necessary, to execute and deliver in the name and
on behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the "Continuing
Disclosure Certificate"). To the extent a Continuing Disclosure Certificate is executed and
delivered, the County hereby covenants and agrees that it will comply with and carry out all of the
provisions of such Continuing Disclosure Certificate. The remedies for any failure of the County
to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set
forth therein.
6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution
be and the same hereby are rescinded.
Commissioners Minutes Continued. October 29, 2009
778
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Schedule I on file in County Clerk’s office.
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09256
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES
CONTRACT RATES AND CONTRACT APPROVAL - JANUARY 1, 2010 THROUGH DECEMBER 31,
2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to
enter into contracts with townships, villages and cities for the purpose of providing Sheriff patrol services;
and
WHEREAS new contract rates have been developed for the 12-month period commencing January 1,
2010, through December 31, 2010, consistent with the attached schedule; and
WHEREAS a proposed agreement has been developed and is attached; and
WHEREAS Corporation Counsel has reviewed the agreement.
NOW THEREFORE BE IT RESOLVED that the following rates be established per officer for Law
Enforcement Services for the period January 1, 2010, through December 31, 2010:
Contract 2010
Captain $167,385
Lieutenant 146,874
Patrol Sergeant 132,481
Det. Sergeant 136,088
Dep II (w/fill) 140,928
Dep II (no-fill) 118,413
Dep II (no-fill/no vehicle) 112,180
Patrol Inv. 122,020
Dep I (no-fill) 94,406
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairperson of the Board
and the Sheriff to sign agreements for Law Enforcement Services at these established rates with the
following communities:
City of Rochester Hills
Addison Township
Brandon Township
Commerce Township
Highland Township
Independence Township
Lyon Township
Oakland Township
Orion Township
Oxford Township
Royal Oak Township
Springfield Township
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Sheriff’s Office 2010 Law Enforcement Services Agreement, Schedule A –
Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B – Holiday Pay, and
Schedule C – Hourly Rates on file in County Clerk’s office.
Commissioners Minutes Continued. October 29, 2009
779
The Vice-Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09257
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT
OVERTIME RATES – JANUARY 1, 2010 THROUGH DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to authorize the Sheriff's Office
to enter into contractual agreements with various communities and organizations for the purpose of
providing deputies for traffic and security assignments for various activities and events; and
WHEREAS the Sheriff's Office will provide assistance based on the availability of officers at the
appropriate overtime rate and will invoice the requesting agency at rates established by the Board of
Commissioners; and
WHEREAS overtime rates have been developed for the period January 1, 2010 through December 31,
2010; and
WHEREAS the Board of Commissioners desires to have rates consistent with the Law Enforcement
Patrol Services Contract rates for governmental units within Oakland County as a service to its citizenry,
and rates which conform to estimated costs for all non-Oakland County communities and organizations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes the
following hourly overtime rates for the period January 1, 2010, through December 31, 2010, for each
officer for the purpose of providing contracted traffic and security services:
Contract 2010
Lieutenant $83.50
Sergeant $75.91
Deputy II $66.01
Deputy I $49.11
BE IT FURTHER RESOLVED that contracts for Sheriff's Traffic and Security Assistance for activities and
events within a community which is under contractual agreement for Sheriff's Law Enforcement Patrol
Services, may be entered into at the prevailing, established contract overtime rates, upon the review and
approval of the Management and Budget Department. Such approval or disapproval of mini-contracts will
be provided to the Public Services Committee on a semi-annual basis.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Vice-Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09258
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – ESTABLISHMENT OF JAIL BOARDING FEES – JANUARY 1, 2010
THROUGH DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #03266, the Oakland County Board of Commissioners
established daily jail boarding fee rates of $86.83 for 2004, $89.86 for 2005, $93.01 for 2006, $96.27 for
2007, and $99.64 for 2008; and
WHEREAS by adoption of Miscellaneous Resolution #03266, the Board of Commissioners also continued
the policy of not charging a daily jail boarding fee rate for the period 2004 through 2008 for the housing of
prisoners for local units of government within Oakland County; and
WHEREAS cost to house prisoners at the Oakland County Jail for 2010 have been estimated to
correspond to the increase in the Law Enforcement Patrol Services Contract rates.
Commissioners Minutes Continued. October 29, 2009
780
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes jail
boarding fee rates for the housing of out-of-County prisoners at the Oakland County Jail of $105.26 per
day for 2010.
BE IT FURTHER RESOLVED that the Board of Commissioners continues the policy of not charging a
daily rate for the housing of prisoners at the Oakland County Jail for local units of government within
Oakland County for the period January 1, 2010 through December 31, 2010.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09259
BY: Commissioners John Scott, Bill Bullard, Kim Capello, Sue Ann Douglas, Michael Gingell, Robert
Gosselin, Brad Jacobsen, Christine Long, Tom Middleton, Jeff Potter, Jim Runestad, Shelley Taub
IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY - MILLAGE REQUEST FOR AUGUST 3,
2010 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, OCPTA
may not place a millage question before its member 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 residing in public transit authority opt-in communities to choose whether or not they wish to
continue their support of public transit; and
WHEREAS the granting of authorization by the Oakland County Board of Commissioners does not
constitute either support or non-support of this particular millage issue; and
WHEREAS 23 Oakland County communities, including the Cities of Auburn Hills, Berkley, Birmingham,
Clawson, Farmington, Farmington Hills, Ferndale, Hazel Park, Huntington Woods, Madison Heights, Oak
Park, Pleasant Ridge, Pontiac, Royal Oak, Southfield, Troy, and Walled Lake; the Townships of West
Bloomfield, Royal Oak and Bloomfield; and the Villages of Beverly Hills, Bingham Farms and Franklin,
have chosen to retain membership in the OCPTA and have voted to adopt a millage in support of public
transportation services for their communities; and
WHEREAS the millage approved by transit authority area voters in 2006 expires with the 2009 tax year;
and
WHEREAS the Suburban Mobility Authority for Regional Transportation (SMART) has indicated that a
continued rate of .59 mills is needed to fund the needs of the public transit dependent, the senior and the
disabled communities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Oakland County Public Transportation Authority to utilize Section 18 of the Act 196, MCL
124.468 (Property Taxation), for the purpose of placing before voters residing in the OCPTA area the
proposition of establishing a .59 millage rate for the years 2010, 2011, 2012 and 2013, inclusive, to
support public transportation within the OCPTA area.
BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition be placed
on the August 3, 2010 primary election ballot.
BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition form reflect
the withdrawal or addition of political subdivisions from or to the Authority if same occurs.
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.
Commissioners Minutes Continued. October 29, 2009
781
Chairperson, we move the adoption of the foregoing resolution.
JOHN SCOTT, JEFF POTTER, CHRISTINE
LONG, BILL BULLARD, MICHAEL GINGELL,
KIM CAPELLO, ROBERT GOSSELIN, JIM
RUNESTAD, BRADFORD JACOBSEN,
THOMAS MIDDLETON, SHELLEY TAUB, SUE
ANN DOUGLAS
The Vice-Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09260
BY: Commissioners Tim Greimel, District #11, Tim Burns, District #19
IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR HR 3745 - THE COMMUNITY ACCESS
PRESERVATION ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Community Media Network (CMN), a Public Access cable channel operating in Oakland
County, plays a significant role in Oakland County; and
WHEREAS CMN is a unique and valuable resource for enrichment, entertainment, local public safety and
emergency information, and discourse for the residents of Oakland County; and
WHEREAS CMN televises programs about local government topics and other community issues, so that
citizens are informed and involved in their community; and
WHEREAS CMN contributes to the democratic process by providing opportunities for elected officials and
candidates for office to discuss local issues; and
WHEREAS CMN provides a window through which residents can view the diversity of cultures, participate
in recreational and enrichment activities, learn about health, wellness, faith, and legal topics, and enjoy
the artistic endeavors in our community; and
WHEREAS CMN reflects the unique identity of Oakland County; and
WHEREAS it is important to preserve all public, educational and governmental access (PEG) channels
and their funding, and to ensure that the channels continue to be available to everyone in the
communities they serve; and
WHEREAS HR 3745, the Community Access Preservation Act, has been introduced in the United States
Congress; and
WHEREAS HR 3745 addresses critical and immediate threats to PEG channels by: (1) allowing federal
funds that are currently provided to PEG channels to be used for operating expenses, and not just for
facilities and equipment; (2) ensuring that cable operators treat PEG channels the same as all other
channels and do not discriminate against them in regard to quality, accessibility, functionality, placement,
and price; and (3) allowing decisions regarding PEG channels to continue to be made at the local level.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports
immediate passage of HR 3745 by the United States Congress.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls on our
Congressional delegation to take all possible actions in support of the passage of HR 3745, including but
not limited to endorsing, co-sponsoring, and voting for HR 3745, and to work for its rapid passage.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to: Michigan’s United States Senators, those members of the United States House of
Representatives who represent Oakland County, the Michigan Association of Counties, the National
Association of Counties, and Oakland County’s legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
TIM GREIMEL, GARY McGILLIVRAY, TIM
BURNS, DAVID COULTER, MATTIE
HATCHETT, HELAINE ZACK, MARCIA
GERSHENSON, DAVID WOODWARD, JANET
JACKSON, STEVEN SCHWARTZ
Commissioners Minutes Continued. October 29, 2009
782
The Vice-Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09261
BY: Commissioner Tim Greimel, District #11
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SB 750 AND HB 5213
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS drug-related crime remains a serious problem in the State of Michigan, including Oakland
County; and
WHEREAS existing law allows law enforcement agencies to seize real property, including buildings and
other structures, that is used by criminals in connection with drug-related crime; and
WHEREAS the forfeiture of real property used in connection with drug-related crime provides an
important disincentive to the selling and trafficking of drugs, while simultaneously providing an additional
resources to law enforcement agencies; and
WHEREAS under existing law, forfeiture proceedings can take a very long time, thereby lessening the
disincentive to the selling and trafficking of drugs and delaying the delivery of needed resources to law
enforcement agencies that combat the drug trade; and
WHEREAS state Senator John Pappageorge has introduced Senate Bill 750, and state Representative
Marie Donigan has introduced House Bill 5213; and
WHEREAS SB 750 and HB 5213 would allow seizing agencies to expedite forfeiture proceedings after
obtaining the approval of county prosecutors or the state attorney general on the basis that the forfeited
building/structure presents a health or safety risk; and
WHEREAS SB 750 and HB 5213 would continue to ensure that those who own or have another legal
interest in real property are still provided with adequate due process protections; and
WHEREAS SB 750 and HB 5213 would specify that an seizing agency could dispose of forfeited property
by: (a) preserving it for historic purposes; (b) converting it to a park or natural area; (c) demolishing it; or
(d) conveying it to the state, a local unit of government, or a non-profit entity to: (i) use as a facility in
which to provide substance abuse treatments and rehabilitation services, (ii) use as a facility in which to
provide drug resistance education or crime prevention education; (iii) use as a facility in which to provide
job training skills to members of the community; or (iv) use as a facility to provide housing to individuals
within the community who are displaced due to drug crime; and
WHEREAS SB 750 and HB 5213 would consequently strengthen the ability of law enforcement agencies
to enforce our state and nation’s drug laws and stymie the selling and trafficking of drugs.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports SB 750 and HB 5213, encourages the state Senate and state House of Representatives to pass
them, and encourages Governor Jennifer Granholm to sign such a bill.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners asks the Oakland
County Clerk to send copies of this resolution to all members of the Michigan Legislature and to Governor
Jennifer Granholm.
Chairperson, we move the foregoing resolution.
TIM GREIMEL, GARY McGILLIVRAY, MATTIE
HATCHETT, DAVID COULTER, MARCIA
GERSHENSON, HELAINE ZACK, DAVID
WOODWARD, TIM BURNS, JANET JACKSON,
STEVEN SCHWARTZ, DAVID POTTS
The Vice-Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 10:32 a.m. to the call of the Chair or November 12, 2009, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson