HomeMy WebLinkAboutMinutes - 2010.03.03 - 7076586
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 3, 2010
Meeting called to order by Chairperson Bill Bullard, Jr. at 7:00 p.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25)
EXCUSED ABSENCE WITH NOTICE: None. (0)
Quorum present.
Invocation given by John Scott.
Pledge of Allegiance to the Flag.
Moved by Long supported by Hatchett the minutes of the February 18, 2010 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
c. Board of Commissioners – Appointment to the Community Mental Health Authority Board –
Secondary Consumer
(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.)
Vote on agenda, as amended:
AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
Deputy County Clerk Chris Ward read a communication from Chairperson Bill Bullard, Jr. appointing
Commissioners Shelley Taub and Jim Nash to the Oakland County Youth Assistance Coordinating
Council. Without objection, the appointments were confirmed.
Commissioners Minutes Continued. March 3, 2010
587
Deputy County Clerk Chris Ward read a communication from Chairperson Bill Bullard, Jr. appointing
himself to the Lake Board of Dixie Lake. Without objection, the communication was received and filed.
Chairperson Bill Bullard, Jr. asked Nancy Scarlet, Director of Human Resources, and Debbie Macon to
join him as he presented a proclamation to Jim Laverty, CEO of the American Red Cross, declaring
March 2010 as American Red Cross Month in Oakland County. Jim Laverty addressed the Board.
Commissioner Eric Coleman presented a proclamation to the League of Women Voters commending
them for encouraging the informed and active participation of citizens in government, and honoring them
on the celebration of their 90th anniversary.
Commissioner Mattie Hatchett, on the special occasion of Women’s History Month, presented a
proclamation and a rose to Anne Hobart, Lillian Moffitt (David Moffitt accepted on her behalf), Betty
Fortino, Susan Kuhn, Nancy McConnell, Ruth Johnson, Nancy Dingeldey, Fran Amos, Gilda Jacobs,
Nancy Quarles, Brenda Causey-Mitchell, Michelle Friedman Appel, Eileen Kowall and Karen Spector, all
former women County Commissioners, and congratulated them on their achievements. Commissioner
Hatchett then asked for a moment of silence to honor the former women County Commissioners who
have passed away.
The following people addressed the Board during public comment: Melanie Torbert, Chairperson of the
Oakland County Youth Assistance Council and the West Bloomfield Youth Assistance Council, Mary
Storm and Florence Anderson.
Moved by Long supported by Coleman 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 592. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #10034
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: TREASURER’S OFFICE/WATER RESOURCES COMMISSIONER - RESOLUTION TO
AUTHORIZE REDEMPTION OF OAKLAND COUNTY ROCHESTER HILLS WATER SUPPLY AND
SEWAGE DISPOSAL SYSTEM BONDS, SERIES 2005
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act
342"), the County of Oakland (the "County") has issued its Oakland County Rochester Hills Water Supply
and Sewage Disposal System Bonds, Series 2005, dated December 1, 2005 (the "Prior Bonds"), in the
original principal amount of $3,800,000. The Prior Bonds were issued by the County to defray the cost of
acquiring and constructing water supply system and sewage disposal system improvements pursuant to
the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills – Extension No. 5A
Project Contract, dated May 1, 2005 between the County and the City of Rochester Hills, (the
"Municipality"); and
WHEREAS the Prior Bonds remain outstanding in the aggregate principal amount of $3,250,000, mature
in various principal amounts in the years 2010 through 2025 and bear interest at rates per annum which
vary from 4.00% to 4.50%; and
WHEREAS the County received a request from the Municipality to redeem part of the outstanding Prior
Bonds in inverse order of maturity with surplus proceeds of the Prior Bonds and investment earnings
thereon; and
WHEREAS it is in the best interests of the County and the Municipality that part of the Prior Bonds be
redeemed as requested.
NOW THEREFORE BE IT RESOLVED:
1. The County is hereby authorized to use surplus proceeds of the Prior Bonds and investment
earnings thereon (the "Surplus Proceeds"), presently determined to be $894,568.29, for the
purpose of redeeming part of the outstanding Prior Bonds (as shall be determined by the County
Water Resources Commissioner as County Agency) in inverse order of maturity.
Commissioners Minutes Continued. March 3, 2010
588
2. The Surplus Proceeds, shall be used to redeem part of the Prior Bonds as determined by the
County Agency. The Surplus Proceeds shall be used to establish an escrow fund (the "Escrow
Fund") consisting of cash and investments in direct obligations of, or obligations the principal of
and interest on which are unconditionally guaranteed by, the United States of America or other
obligations the principal of and interest on which are fully secured by the foregoing and used to
redeem part of the Prior Bonds. The Escrow Fund shall be held by an escrow agent (the "Escrow
Agent") in trust pursuant to an escrow agreement (the "Escrow Agreement") that irrevocably shall
direct the Escrow Agent to take all necessary steps to redeem part of the Prior Bonds as shall be
determined by the County Agency. The County Treasurer shall select the Escrow Agent and
enter into the Escrow Agreement with the Escrow Agent on behalf of the County. The amounts
held in the Escrow Fund shall be such that the cash and the investments and the income
received thereon will be sufficient without reinvestment to pay the principal of and interest on the
Prior Bonds to be redeemed and to redeem such Prior Bonds as required by the Escrow
Agreement. The County's costs and expenses related to the redemption of the Prior Bonds and
the Escrow Agreement shall be paid from the Surplus Proceeds.
3. The County Agency, the County Treasurer, the County Clerk and other County officials and
employees are hereby authorized to do all other things necessary to redeem part of the Prior
Bonds in accordance with the provisions of this resolution.
4. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby
rescinded.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Escrow Agreement Incorporated by Reference. Original on file in County Clerk’s office.
(The vote for this motion appears on page 592.)
*MISCELLANEOUS RESOLUTION #10035
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: FACILITIES MANAGEMENT – LIBRARY CONSOLIDATION PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Reference Library, Library for the Visually and Physically Impaired, and the remaining
core of the Adams-Pratt Law Library are currently located in separate locations in the Oakland County
Courthouse; and
WHEREAS consolidation of these three libraries would result in improved operating efficiencies and
service to the public and the Courts and would free up space for additional courtrooms, if required; and
WHEREAS the FY 2010 Capital Improvement Program identifies the Library Consolidation Project; and
WHEREAS the Library Consolidation Project will consolidate these three libraries into one location on the
second floor of the West Wing Extension of the Courthouse, i.e. the space occupied by the Adams-Pratt
Law Library; and
WHEREAS the renovation and relocation will be performed by in-house staff and outside contractors
obtained through the Purchasing Division; and
WHEREAS total project costs of $62,160 are recommended by the Facilities Engineering Division,
including contingency; and
WHEREAS funding in the amount of $62,160 for the project is available for transfer from the FY 2010
Capital Improvement Program/Building Improvement Fund (#40100) to the Project Work Order Fund
(#40400) for the Library Consolidation Project.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Library
Consolidation Project in the amount of $62,160.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $62,160 from the Capital Improvement Program/Building Fund (#40100) to the Project Work
Order Fund (#40400) to establish the Library Consolidation Project (#100000001348).
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Commissioners Minutes Continued. March 3, 2010
589
(The vote for this motion appears on page 592.)
*REPORT (MISC. #10025)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS – TO RESCIND CERTAIN LANGUAGE FROM
MISCELLANEOUS RESOLUTION #09161 AND TO SET COMMISSIONER SALARY FOR THE 2011-
2012 TERM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #10025 on February 24, 2010 reports with the
recommendation the attached resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #10025
BY: Sue Ann Douglas, Shelley Taub, Michael Gingell, Tim Greimel
IN RE: BOARD OF COMMISSIONERS – TO RESCIND CERTAIN LANGUAGE FROM
MISCELLANEOUS RESOLUTION #09161 AND TO SET COMMISSIONER SALARY FOR THE 2011-
2012 TERM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners is not permitted under Michigan law to increase
or decrease their salary during their term of office but does set the salary for the next term of office; and
WHEREAS county employees received a 2.5% decrease in their salaries in 2010 and will receive an
additional 2.5% salary decrease in 2011 resulting in a cumulative 5% salary decrease; and
WHEREAS the Board of Commissioners voted to not take 1% pay increases and freeze their salaries in
FY 2009 and FY 2010; and
WHEREAS in 2010 many commissioners voluntarily contributed 2.5% of their gross salaries back to
Oakland County to stay consistent with employees who received a 2.5% salary decrease in 2010; and
WHEREAS as part of MR #09161 the Oakland County Board of Commissioners set the salary for the
2011 - 2012 term of the Oakland County Board of Commissioners; and
WHEREAS the language in MR #09161 reads as follows:
“BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby sets the
salary for the 2011 and 2012 County Commissioner term of office as a “me too” consistent with
the same percentage of salary decrease imposed upon Oakland County employees for 2011 and
the same amount of increase or decrease provided to Oakland County employees in 2012.”; and
WHEREAS the voluntary 2.5% contribution to Oakland County by Commissioners in 2010 did not lower
the salary for Commissioners and consequently did not lower fringe benefits which are based on salary;
and
WHEREAS the adopted language in MR #09161 will not keep Commissioners salary reductions at par
with employees and countywide elected officials since no actual reduction in salary took place in 2010.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
rescinds the adopted language in MR #09161 setting the salary for the Oakland County Board of
Commissioners 2011 – 2012 term of office.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby sets the salary
for the 2011 and 2012 County Commissioner term of office at a 5% salary reduction in gross pay for 2011
and a “me too” for 2012.
Chairperson, we move the foregoing resolution.
SUE ANN DOUGLAS, MICHAEL GINGELL,
SHELLEY TAUB, TIM GREIMEL, DAVID
POTTS, KIM CAPELLO, CHRISTINE LONG,
ROBERT GOSSELIN, JOHN SCOTT, TOM
MIDDLETON, BRADFORD JACOBSEN, BILL
BULLARD, STEVEN SCHWARTZ, DAVID
COULTER
Commissioners Minutes Continued. March 3, 2010
590
REPORT (MISC. #10025)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TO RESCIND CERTAIN LANGUAGE FROM
MISCELLANEOUS RESOLUTION #09161 AND TO SET COMMISSIONER SALARY FOR THE 2011-
2012 TERM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee reviewed the above-referenced resolution on February 25, 2010 and reports that
the favorable affect of this resolution will be included in the Fiscal Year 2011 – 2013 adopted budget.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
(The vote for this motion appears on page 592.)
*MISCELLANEOUS RESOLUTION #10029
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/WASTE
RESOURCE MANAGEMENT – APPROVAL OF OAKLAND COUNTY BROWNFIELD CONSORTIUM
INTERLOCAL AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #09264 “Board of Commissioners - Acceptance of
United States Environmental Protection Agency Brownfield Consortium Grant” the USEPA has awarded
$1,000,000 to the Oakland County Brownfield Consortium; and
WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac will enter
into a memorandum of agreement with Oakland County pertaining to this grant; and
WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement
between the County and a number of municipalities in Oakland County for the creation of the Oakland
County Brownfield Consortium; and
WHEREAS the following Cities have approved the Interlocal Agreement: Farmington Hills, Ferndale,
Hazel Park, Madison Heights, and Pontiac; and
WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac will have
$100,000 each to spend on environmental assessments on Brownfield sites in their cities as part of this
grant; and
WHEREAS the remaining $500,000 of the grant will be spent on environmental investigations on
Brownfield sites located in the other Cities, Villages and Townships not associated as part of the Oakland
County Brownfield Consortium.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the
Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in
support thereof.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Oakland County Brownfield Consortium Agreement Between Oakland County and City of Farmington
Hills, Oakland County Brownfield Consortium Agreement Between Oakland County and the City of
Ferndale, Oakland County Brownfield Consortium Agreement Between Oakland County and Hazel Park,
Oakland County Brownfield Consortium Agreement Between Oakland County and the City of Madison
Heights, and Oakland County Brownfield Consortium Agreement Between Oakland County and City of
Pontiac Incorporated by Reference. Originals on file in County Clerk’s office.
Commissioners Minutes Continued. March 3, 2010
591
FISCAL NOTE (MISC. #10029)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/WASTE
RESOURCE MANAGEMENT – APPROVAL OF OAKLAND COUNTY BROWNFIELD CONSORTIUM
INTERLOCAL AGREEMENT
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. Pursuant to MR #09264 Oakland County accepted a Brownfield Consortium Assessment Grant
from the U.S. Environmental Protection Agency in the amount of $1,000,000.
2. Each of the five cities in the Consortium will receive $100,000 to perform environmental
investigations and Oakland County will receive the balance of $500,000 to perform environmental
investigations of Brownfield sites located in other County municipalities not associated as part of
the Consortium.
3. Brownfield Assessment Grant guidelines require that Consortium members enter into an
agreement to delineate the relationship and responsibilities between the County and other
Consortium members, including documentation of the site selection process, distribution of
funding, and the mechanism for implementation of the work to be performed.
4. The resolution approves an interlocal agreement between Oakland County and the cities of
Farmington Hills, Ferndale, Hazel Park, Madison Heights, and Pontiac, collectively known as the
Oakland County Brownfield Consortium.
5. No budget amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 592.)
*MISCELLANEOUS RESOLUTION #10036
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: COMMUNITY CORRECTIONS – USER NOTICE AND WARNING, AND LICENSE AND USE
INTERGOVERNMENTAL AGREEMENT FOR THE C*STAR DATABASE – 43RD DISTRICT COURT
MADISON HEIGHTS AND 43RD DISTRICT COURT HAZEL PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Community Correction Division in conjunction with the Department of Information
Technology have created a database called C*Star; and
WHEREAS C*Star was created to track information on offenders who enter programs operated or paid for
by the Community Corrections Division; and
WHEREAS this information may include, but is not limited to, program enrollment, participation,
client/offender progress, demographics, and criminal history; and
WHEREAS some of this information is considered confidential and restricted by law; and
WHEREAS this information may be useful to other criminal justice agencies, such as the Michigan
Department of Corrections, Field Operations and District Court Probation in the creation of sentencing
recommendations and/or in determining compliance with conditions of probation; and
WHEREAS other criminal justice agencies would be able to access this database through the Oak
Source portal; and
WHEREAS the sharing of this information with other agencies requires a policy as to the access, use,
and distribution of this information; and
WHEREAS Community Corrections and Information Technology, with the assistance of Corporation
Counsel, have developed a License and Use Intergovernmental Agreement; and
WHEREAS the 43rd District Court Madison Heights and the 43rd District Court Hazel Park have requested
access to the information contained in C*Star; and
WHEREAS the sharing of information that is useful to criminal justice agencies increases the public safety
and improves the effectiveness of criminal justice programs; and
WHEREAS the citizens of Oakland County will benefit from this collaboration; and
Commissioners Minutes Continued. March 3, 2010
592
WHEREAS 1967 PA 7, being MCL 124.501 et. seq., authorizes the Board of Commissioners to enter into
written agreements with other governmental entities to perform services jointly or to share resources.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached
intergovernmental agreement authorizing the use of the C*Star software and data by the 43rd District
Court Madison Heights and the 43rd District Court Hazel Park.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of Oakland County and thereby accept and bind Oakland County to the terms and conditions of the
Agreement.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Intergovernmental Agreement and License for Use of C*Star Software Between the County of Oakland
and 43rd District Court Madison Heights and Intergovernmental Agreement and License for Use of C*Star
Software Between the County of Oakland and 43rd District Court Hazel Park Incorporated by Reference.
Originals on file in County Clerk’s office.
Vote on Consent Agenda:
AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
Commissioner Middleton stated there were no items to report on the Regular Agenda for the Finance
Committee.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE REGIONAL CONVENTION
FACILITY AUTHORITY – CITIZENS ADVISORY COUNCIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered an appointment to the Regional Convention
Facility Authority Citizens Advisory Committee on February 22, 2010, hereby recommends that the
following individuals’ names be forwarded to the Board of Commissioners for consideration to fill one
appointment for a four-year term to begin effective with the day of appointment:
Robert Makowski
Jay Shah
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County
Clerk’s office.
Moved by Long supported by Potts the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none.
Commissioners Minutes Continued. March 3, 2010
593
The vote for an appointment to the Regional Convention Facility Authority Citizen’s Advisory Committee
for a four-year term reads as follows, listing the Commissioner and their selection of appointee in
parenthesis:
Capello (Shah), Coleman (Makowski), Coulter (Makowski), Douglas (Shah), Gershenson
(Makowski), Gingell (Shah), Gosselin (Shah), Greimel (Makowski), Hatchett (Makowski), Jackson
(Makowski), Jacobsen (Shah), Long (Shah), McGillivray (Makowski), Middleton (Shah), Nash
(Makowski), Potter (Shah), Potts (Shah), Runestad (Shah), Schwartz (Makowski), Scott (Shah),
Taub (Shah), Woodward (Makowski), Zack (Makowski), Bullard (Shah), Burns (Makowski).
SUMMARY OF VOTES
Robert Makowski 12 Jay Shah 13
A sufficient majority having voted in favor, the appointment of Jay Shah to the Regional Convention
Facility Authority Citizen’s Advisory Committee for a four-year term was confirmed.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE COMMUNITY MENTAL HEALTH
AUTHORITY BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered these appointments on February 22, 2010,
hereby recommends that the following individuals be appointed to the Community Mental Health Authority
Board for three-year terms beginning April 1, 2010 and ending March 31, 2013.
Appointee Seat Designation
Malkia Maisha Newman (Primary Consumer)
Lois Shulman (General Public)
Bettye Vonciel Arrington (Working Involvement with Mental Health Services)
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County
Clerk’s office.
Moved by Long supported by Potts the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none.
Moved by Long supported by Potts the appointment of Malkia Maisha Newman (Primary Consumer), Lois
Shulman (General Public) and Bettye Vonciel Arrington (Working Involvement with Mental Health
Services) to the Community Mental Health Authority Board for three-year terms beginning April 1, 2010
and ending March 31, 2013 be confirmed.
Vote on appointment:
AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Scott, Taub, Woodward,
Zack, Bullard, Burns, Capello. (24)
NAYS: Schwartz. (1)
A sufficient majority having voted in favor, the appointment of Malkia Maisha Newman (Primary
Consumer), Lois Shulman (General Public) and Bettye Vonciel Arrington (Working Involvement with
Mental Health Services) to the Community Mental Health Authority Board for three-year terms beginning
April 1, 2010 and ending March 31, 2013 were confirmed.
Commissioners Minutes Continued. March 3, 2010
594
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE COMMUNITY MENTAL HEALTH
AUTHORITY BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the appointment on February 22, 2010, hereby
recommends that the following individual be appointed to the Community Mental Health Authority Board
for a three-year term beginning April 1, 2010 and ending March 31, 2013.
Appointee Seat Designation
Judith Summers Secondary Consumer
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County
Clerk’s office.
Moved by Long supported by Potts the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none.
Moved by Long supported by Potts the appointment of Judith Summers (Secondary Consumer) to the
Community Mental Health Authority Board for a three-year term beginning April 1, 2010 and ending
March 31, 2013 be confirmed.
Vote on appointment:
AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen,
Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Scott, Taub, Woodward, Zack,
Bullard, Burns, Capello, Coleman. (24)
NAYS: Schwartz. (1)
A sufficient majority having voted in favor, the appointment of Judith Summers (Secondary Consumer) to
the Community Mental Health Authority Board for a three-year term beginning April 1, 2010 and ending
March 31, 2013 was confirmed.
MISCELLANEOUS RESOLUTION #10037
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS – MEMORANDUM OF UNDERSTANDING FOR OAKLAND
COUNTY’S PARTICIPATION IN THE FEDERAL E-VERIFY PROGRAM FOR EMPLOYMENT
VERIFICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #09180
which requires establishing an Oakland County policy that requires the County to 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); and
WHEREAS E-Verify is a program that electronically confirms an employee’s eligibility to work in the
United States after completion of the Employment Eligibility Verification Form I-9; and
WHEREAS the procedures for enrolling in the federal E-Verify program requires that the employer must
(1) enroll online and (2) accept the electronic Memorandum of Understanding (MOU) which details the
responsibilities of Social Security Administration (SSA), Department of Homeland Security (DHS), and the
employer; and
Commissioners Minutes Continued. March 3, 2010
595
WHEREAS the Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Oakland County, as the Employer, regarding the
Employer's participation in the E-Verify Employment Eligibility Verification Program; and
WHEREAS the MOU explains certain features of the E-Verify program and enumerates specific
responsibilities of DHS, the SSA, and the Employer; and
WHEREAS it is necessary that an appropriate official be designated and authorized to enroll Oakland
County in the on-line federal E-Verify program and accept the electronic Memorandum of Understanding
on behalf of Oakland County; and
WHEREAS the Oakland County Chairperson of the Board of Commissioners is the most appropriate
official to act on behalf of Oakland County and accept the electronic Memorandum of Understanding that
is required in order to enroll in the federal E-Verify program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Oakland County Chairperson of the Board of Commissioners (or his designee) to act on
behalf of Oakland County to enroll online, accept the Memorandum of Understanding and sign any
related documents relative to enrolling Oakland County in the federal E-Verify program.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #10021
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 1ST QUARTERLY
REPORT FOR FY 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1
- 21 provides a process for departments and employees to request a review of the salary grade
placement of classifications; and
WHEREAS the 1st Quarterly Report for FY 2010 identifies the job studies conducted and the salary grade
changes recommended by the Human Resources Department after completion of this review process;
and
WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary
grade changes resulting from this Salary Administration Quarterly Report recommendations.
NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes
implementation of the Salary Administration Plan 1st Quarterly Report for FY 2010, which includes the
following classification changes:
Position No. From Classification Salary Grade To Classification Salary Grade
2010301-10362 Communications 11 County Clerk Communications 12
Specialist - Clerk/ROD & External Affairs Coordinator
BE IT FURTHER RESOLVED to create a new classification titled Supervisor – County Clerk Vital
Records, overtime nonexempt, at Salary Grade 10.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
FISCAL NOTE (MISC. #10021)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 1ST QUARTERLY
REPORT FOR FY 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
Commissioners Minutes Continued. March 3, 2010
596
1. The Human Resources Department, with approval from the Board of Commissioners, provides a
process for departments and employees requesting a review of the salary grade placement
classifications for Grades 1 – 21.
2. One (1) General Fund Communications Specialist – Clerk/ROD position in the Clerk/ROD –
Elections Division will be upgraded from a grade 11 to a grade 12 at an annual cost of $4,668 and
$2,693 for the remainder of FY 2010 in salaries and fringe benefits.
3. The Communications Specialist – Clerk/ROD position will also be reclassified as a County Clerk
Communications & External Affairs Coordinator.
4. The position upgrade and reclassification will be effective February 27, 2010.
5. The FY 2010, FY 2011 and FY 2012 Budgets are amended as follows:
GENERAL FUND (#10100) FY 2010 FY 2011 FY 2012
Expenditures
9090101-196030-740037 Non-Dept – Class & Rate Change ($2,693) ($4,668) ($4,668)
2010301-185010-702010 Clerk/Elections – Salaries 1,908 3,308 3,308
2010301-185010-722750 Clerk/Elections – Workers Comp 16 27 27
2010301-185010-722760 Clerk/Elections – Group Life 8 14 14
2010301-185010-722770 Clerk/Elections – Retirement 620 1,074 1,074
2010301-185010-722790 Clerk/Elections – FICA 133 231 231
2010301-185010-722810 Clerk/Elections – Disability 8 14 14
Total $ 0 $ 0 $ 0
FINANCE COMMITTEE
Moved by Douglas supported by Middleton the resolution (with fiscal note attached) be adopted.
Discussion followed.
Moved by Schwartz supported by Burns the resolution be referred to the Finance Committee.
Discussion followed.
Vote on referral:
AYES: Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Zack,
Burns, Coleman, Coulter. (12)
NAYS: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Runestad, Scott, Taub,
Bullard, Capello. (12)
ABSTAIN: Potts. (1)
A sufficient majority not having voted in favor, the motion to refer the resolution to the Finance Committee
failed.
Nancy Scarlet, Director of Human Resources, addressed the Board regarding the procedure to allow
Merit System employees to request an audit of their position.
Discussion followed.
As a point of order, Commissioner Greimel questioned whether a person who is abstaining from a vote
must also abstain from discussion.
Chairperson Bill Bullard, Jr. declared a brief recess to consult with the Clerk regarding the question.
Chairperson Bill Bullard, Jr. called the meeting back to order and ruled that a person who is abstaining
from a vote is not allowed to speak during discussions regarding the resolution.
Discussion followed.
Commissioners Minutes Continued. March 3, 2010
597
Vote on resolution:
AYES: Gingell, Gosselin, Hatchett, Jackson, Jacobsen, Long, Middleton, Potter, Runestad,
Scott, Taub, Woodward, Bullard, Capello, Coleman, Douglas. (16)
NAYS: Gershenson, Greimel, McGillivray, Nash, Schwartz, Zack, Burns, Coulter. (8)
ABSTAIN: Potts. (1)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #10038
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – SUPPORT FOR APPLICATION TO THE
MICHIGAN NATURAL RESOURCES TRUST FUND FOR THE OAKLAND COUNTY PARKS AND
RECREATION NATURAL AREA ACCESSIBILITY IMPROVEMENTS AT HIGHLAND, LYON, RED AND
ROSE OAKS COUNTY PARKS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission has been notified that applications for
the Michigan Natural Resources Trust Fund may be submitted for the 2010 funding cycle; and
WHEREAS the Oakland County Parks and Recreation Commission has resolved on February 03, 2010 to
submit an application for a development grant for the Natural Area Accessibility Improvements at
Highland, Lyon, Red and Rose Oaks County Parks; and
WHEREAS the Oakland County Parks and Recreation Commission has the required grant match funds
available to expand the development of park facilities; and
WHEREAS the purpose of said grant is to provide access to open space, facilities and recreational
opportunities for all residents of Oakland County; and
WHEREAS the grant meets the goals and objectives of the Oakland County Recreational Master Plan
Update – 2007; and
WHEREAS the grant agency requires a resolution from the Governing Body in support of the application.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Parks and Recreation Commission to submit said grant application as stated above, with said monies for
this project to come from Parks and Recreation funds and funds awarded as a result of this grant
application.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant Review Sign Off – Parks and Recreation, Report by the Fiscal Services Division, Michigan
Natural Resources Trust Fund 2010 Grant Application and Project Summary and Needs Statement on file
in County Clerk’s office.
FISCAL NOTE (MISC. #10038)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – SUPPORT FOR GRANT APPLICATION TO THE
MICHIGAN NATURAL RESOURCES TRUST FUND FOR THE OAKLAND COUNTY PARKS AND
RECREATION NATURAL AREA ACCESSIBILITY IMPROVEMENTS AT HIGHLAND, LYON, RED AND
ROSE OAKS COUNTY PARKS
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
Miscellaneous Resolution and finds:
1. The purpose of the grant application is to secure funding to provide access to open space,
facilities and recreational opportunities for all residents of Oakland County.
2. The development grant application requests funding in the amount of $700,000, with $308,000
(44%) in State Funds and $392,000 (56%) in local match coming from the ¼ mill Oakland County
Parks and Recreation Fund revenues.
3. The Oakland County Parks and Recreation Commission approved support for this application on
Commissioners Minutes Continued. March 3, 2010
598
February 3, 2010.
4. The application is due by April 1, 2010.
5. The grant funding period is from April 1, 2010 through December 31, 2010.
6. The grant agency requires a resolution be approved by the Board of Commissioners to authorize
the application for funding.
7. Sufficient funding is available in the Oakland County Parks and Recreation Commission’s Fiscal
Year 2010 Capital Improvement Program Budget. No budget amendment is recommended.
FINANCE COMMITTEE
Moved by Scott supported by Potter the resolution (with fiscal note attached) be adopted.
AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton,
Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Bullard, Burns, Capello, Coleman,
Douglas. (21)
NAYS: Woodward, Zack, Coulter, Gershenson. (4)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #10039
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: WATER RESOURCES COMMISSIONER – EVERGREEN FARMINGTON SEWAGE DISPOSAL
SYSTEM AND CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM INFILTRATION AND INFLOW
REDUCTION PROJECTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with Act 342 of the Public Acts of 1939, as amended (“Act 342”) and
Miscellaneous Resolution #93075 the Water Resources Commissioner was designated County Agency
responsible for operating and maintaining the Evergreen-Farmington Sewage Disposal System (EFSDS)
and the Clinton-Oakland Sewage Disposal System (COSDS); and
WHEREAS the EFSDS is currently under a consent order with the State of Michigan Department of
Environmental Quality, now known as the Department of Natural Resources and Environment (DNRE) to
identify and attenuate infiltration and inflow of excess storm water to the EFSDS; and
WHEREAS the Water Resources Commissioner is undertaking improvements to the EFSDS and COSDS
to reduce and/or eliminate infiltration and inflow of storm water; and
WHEREAS in accordance with Act 342 the Water Resources Commissioner applied for and received an
Environmental Protection Agency (EPA) Grant for the EFSDS and COSDS in the amount of $3,835,700;
and
WHEREAS the purpose of the grant is to identify areas of excess flow during wet weather, design specific
responses and select contractors to make necessary repairs to thereby reducing wet weather flows in the
EFSDS and COSDS and to reduce wet weather flows to the Clinton and Rouge River Watersheds; and
WHEREAS the grant requires a County match of $3,138,300; and
WHEREAS the required County match will be charged to the Maintenance Funds of the respective
EFSDS and COSDS; and
WHEREAS the Water Resources Commissioner is proposing inflow and infiltration reduction projects in
the Cities of Farmington, Farmington Hills, Orchard Lake, Southfield, and Troy; in the Village of Franklin
and in the Township of West Bloomfield that are tributary to the EFSDS and COSDS, paid for from the
proceeds of the EPA Grant whereby the local match will be generated from work on the EFSDS and
COSDS.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Water Resources Commissioner to proceed with inflow and infiltration reduction projects in Cities of
Farmington, Farmington Hills, Orchard Lake, Southfield, and Troy; in the Village of Franklin and in the
Township of West Bloomfield that are tributary to the EFSDS and COSDS, paid for from the proceeds of
the EPA Grant whereby the local match will be generated from work within the EFSDS and COSDS.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Commissioners Minutes Continued. March 3, 2010
599
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #10040
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – CONTINUATION OF THE RESULTS BREATH ALCOHOL AND DRUG
TESTING PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS per M.R. #09066 the Oakland County Sheriff’s Office started operating the Results Breath
Alcohol and Drug Testing program on a pilot basis; and
WHEREAS the program has continued operating two collection sites during weekdays and one site on
weekends and holidays; and
WHEREAS this program has the support of one (1) GF/GP full-time eligible (FTE) Chemist Assistant and
one (1) GF/GP FTE Forensic Toxicologist Chemist in the Investigative & Forensic Services/Forensic
Laboratory Unit and five (5) GF/GP full-time non-eligible (FTNE) and two (2) GF/GP part-time non-eligible
(PTNE) Court Deputy I positions and two (2) GF/GP FTNE and two (2) GF/GP PTNE Office Assistant I
positions in the Corrective Services-Satellite Division/Work Release in the Sheriff’s Office; and
WHEREAS to offset costs associated with the Program positions Preliminary Breath Alcohol and drug
testing fees were established; and
WHEREAS to increase efficiencies the Sheriff’s Office is proposing that the Forensic Toxicologist Chemist
position performs general lab and Results Program workload and position costs be offset by Lab Fees
retroactive to October 1, 2009; and
WHEREAS the Sheriff’s Office is requesting the continuation of the program and associated positions and
reports that the Program is operating in a cost-effective manner.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the continuation of the
operation of the Results Breath and Drug Testing program in the Sheriff’s Office.
BE IT FURTHER RESOLVED that the following positions be continued in the Sheriff’s Office: one (1)
GF/GP full-time eligible (FTE) Chemist Assistant, (Pos. #4030910-10807) in the Investigative & Forensic
Services/Forensic Laboratory Unit and five (5) GF/GP full-time non-eligible (FTNE) 2,080 hrs./yr. (Pos.
#4030430-10809, 10810, 10811, 10812, & 10813) and two (2) GF/GP PTNE 1,240 hrs./yr. Court Deputy I
positions (Pos. #4030430-0814 &10815) and two (2) GF/GP (FTNE) 2,080 hrs./yr. (Pos. #4030430-10816
& 10817) and two (2)GF/GP PTNE 1,140 hrs./yr. Office Assistant I positions (Pos. #4030430-10818 &
10819) in the Corrective Services - Satellite Division/Work Release in the Sheriff’s Office.
BE IT FURTHER RESOLVED that one (1) GF/GP full-time Forensic Toxicologist Chemist position (Pos.
#4030910-10808) in the Sheriff’s Office/Investigative & Forensic Services/Forensic Laboratory Unit be
continued and its costs offset by Laboratory Fee Funds retroactive to October 1, 2009.
BE IT FURTHER RESOLVED the Sheriff’s Office reports to the Public Services, Human Resources and
Finance Committees every six months the results of this program.
BE IT FURTHER RESOLVED that the future level of service and continuation of the positions associated
with this program be contingent upon continuation of the program and future levels of funding.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
Commissioner Dave Coulter withdrew his motion to discharge MR #09129 – Board of Commissioners –
Authorizing Inter-Governmental Transfer to Expand Access to Health Care for Oakland County
Residents, and Contracting Administration of County’s Indigent Hospitalization Program with Oakland
Health Plan, Inc. from the General Government and Finance Committees, and gave notice that he plans
to discharge the resolution at the next regular Board Meeting on March 25, 2010.
Commissioners Minutes Continued. March 3, 2010
600
MISCELLANEOUS RESOLUTION #10041
BY: Commissioners Eric Coleman and Shelley G. Taub
IN RE: BOARD OF COMMISSIONERS – RECOMMENDATIONS TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR THE FISCAL YEARS 2010 – 2015 STRATEGIC PLAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the U.S. Department of Housing and Urban Development (HUD) has requested public
feedback on the proposed Fiscal Years 2010 – 2015 Strategic Plan, with a deadline of March 3, 2010 at
midnight; and
WHEREAS the draft Mission Statement is to “Invest in quality, affordable homes and build strong, safe,
healthy communities for all”; and
WHEREAS the draft Vision Statement states, “Our vision is to improve lives and strengthen communities
to deliver on America's dreams”; and
WHEREAS the Southeast Michigan Council of Governments (SEMCOG) voted to support
recommendations that preserve and protect some of the most urgent community housing and
development needs that are the recipient of funding through the Community Development Block Grant
(CDBG) program; and for these recommendations to be incorporated into the U.S. Department of
Housing and Urban Development 2010 - 2015 Strategic Plan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby joins
with the Southeast Michigan Council of Governments in supporting the following recommendations for
incorporation into the U.S. Department of Housing and Urban Development 2010 - 2015 Strategic Plan:
1. As the administration, HUD and the federal legislators move forward, the impact on any proposed
changes to the formula should hold harmless current entitlement communities.
2. A broader definition of "urgent need" is needed to allow the use of CDBG for economic
development projects. Flexibility is needed which allows communities to balance "urgent need"
with CDBG objectives of meeting low and moderate income needs.
3. More flexibility in economic development projects within CDBG is needed to help restart local
economic improvements.
4. A regional investment strategy for the Midwest, that recognizes the particular hardships and
economic devastation being experienced by states like Michigan, should be developed and
should allow for better use of federal programs such as CDBG.
5. More flexibility in using federal dollars (i.e., CDBG) for residential and infrastructure repairs and
improvements is needed to improve the housing market and address the region’s critical
infrastructure needs.
6. A comprehensive approach to community development, as implemented through the Sustainable
Communities Initiative, the new partnership between HUD, Department of Transportation, and
Environmental Protection Agency.
7. Allowing greater flexibility in the time allotted for obligation of Recovery funds.
8. Streamlining the reporting process for the various Community Planning and Development (CPD)
programs, allowing more time to be spent on successful and efficient implementation of the
programs.
9. HUD should redefine its policy on aging to improve the stability of neighborhoods and housing
stock, while providing more opportunities for aging in place for the growing number of older adults
in Michigan and Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners further recommends that
the U.S. Department of Housing and Urban Development (HUD) also provide for additional housing
counseling funds to combat the growing foreclosure/mortgage crisis. Housing Counselors assist
homeowners in modifying their loans without expense, dignified exit strategies in the event they do lose
their home, and homeownership counseling for those wishing to purchase a home to insure that they
have affordable, sound mortgages and that the households are prepared for the responsibilities of home
ownership. This funding for Housing Counselors also assists seniors in remaining in their home as long
as possible through reverse mortgages.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the U.S.
Department of Housing and Urban Development (HUD) to incorporate these recommendations into the
Fiscal Years 2010 – 2015 Strategic Plan.
Commissioners Minutes Continued. March 3, 2010
601
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to President Barack Obama, the U.S. Department of Housing and Urban Development
(HUD), the Oakland County delegation to the U.S. Senate and Congress, Southeast Michigan Council of
Governments (SEMCOG), the National Association of Counties (NACo), the Michigan Association of
Counties (MAC), and Oakland Counties legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
ERIC COLEMAN, SHELLEY TAUB, MATTIE
HATCHETT, STEVEN SCHWARTZ, JIM NASH,
HELAINE ZACK, DAVID WOODWARD, GARY
McGILLIVRAY, DAVID COULTER, JANET
JACKSON, BRADFORD JACOBSEN,
CHRISTINE LONG, JOHN SCOTT, KIM
CAPELLO, THOMAS MIDDLETON, SUE ANN
DOUGLAS
Moved by Coleman supported by Hatchett to suspend the rules and vote on Miscellaneous Resolution
#10041 – Board of Commissioners – Recommendations to the U.S. Department of Housing and Urban
Development for the Fiscal Years 2010-2015 Strategic Plan.
Vote on motion to suspend the rules:
AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash,
Potter, Potts, Schwartz, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter,
Douglas, Gershenson, Gingell. (23)
NAYS: Runestad, Scott. (2)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous
Resolution #10041 – Board of Commissioners – Recommendations to the U.S. Department of Housing
and Urban Development for the Fiscal Years 2010-2015 Strategic Plan carried.
Discussion followed.
Moved by Coleman supported by Hatchett the resolution be adopted.
AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter,
Douglas, Gershenson, Gingell, Gosselin. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #10042
BY: Commissioners Michael Gingell, Helaine Zack, and Shelley Taub
IN RE: BOARD OF COMMISSIONERS – RECOGNIZING MARCH 2010 AS DEVELOPMENTAL
DISABILITIES AWARENESS MONTH IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS each individual has inherent strengths, an infinite capacity to learn, the ability to make
contributions, and to participate in and enhance their local communities; and
WHEREAS people with developmental disabilities in Michigan share these traits with the state's other ten
million residents and also share the right to live the life they choose as it relates to their education, jobs,
recreation, and homes; and
WHEREAS we recognize the fundamental concepts regarding the rights of individuals with disabilities,
and indeed for all individuals, including: self-determination, independent living, and the opportunity to be
included and fully participate in the social, educational, political, economic, and cultural mainstream of
American society; and
Commissioners Minutes Continued. March 3, 2010
602
WHEREAS developmental disabilities affect about 190,000 Michigan children and adults in every county
across our state; and
WHEREAS people with developmental disabilities make up nearly two percent of the state's population;
and
WHEREAS families of people with developmental disabilities are recognized for their caring commitment
and ongoing support that are essential to leading a healthy independent and productive life; and
WHEREAS celebrating the abilities and contributions of people with developmental disabilities can only
serve to enrich the value of diversity in communities of Michigan, and the County of Oakland.
NOW THEREFORE BE IT RESOLVED that Oakland County Community Mental Health Authority, hereby
recognizes March 2010 as Developmental Disabilities Awareness Month. We call upon our citizens,
governmental agencies, businesses and schools that together we build a culture of reciprocal respect and
opportunity that fosters hope and improved quality of life for each individual.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby declares and
recognizes March 2010 as Developmental Disabilities Awareness Month in Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins with the Oakland
County Community Mental Health Authority in calling upon our citizens, governmental agencies,
businesses and schools that together unite together to build a culture of reciprocal respect and
opportunity that fosters hope and improved quality of life for each individual.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Community Mental Health Authority.
Chairperson, we move the adoption of the foregoing resolution.
MICHAEL GINGELL, HELAINE ZACK,
SHELLEY TAUB, DAVID WOODWARD, TIM
GREIMEL, DAVID COULTER, JIM NASH,
GARY McGILLIVRAY, MARCIA
GERSHENSON, ERIC COLEMAN, ROBERT
GOSSELIN, CHRISTINE LONG, JOHN SCOTT,
DAVID POTTS, KIM CAPELLO, JEFF POTTER,
SUE ANN DOUGLAS
Moved by Zack supported by Gingell to suspend the rules and vote on Miscellaneous Resolution #10042
– Board of Commissioners – Recognizing March 2010 as Developmental Disabilities Awareness Month in
Oakland County.
Vote on motion to suspend the rules:
AYES: Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter,
Douglas, Gershenson, Gingell, Gosselin, Greimel. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous
Resolution #10042 – Board of Commissioners – Recognizing March 2010 as Developmental Disabilities
Awareness Month in Oakland County carried.
Moved by Zack supported by Gingell the resolution be adopted.
AYES: Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas,
Gershenson, Gingell, Gosselin, Greimel, Hatchett. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Commissioners Minutes Continued. March 3, 2010
603
MISCELLANEOUS RESOLUTION #10043
BY: Commissioners Mattie Hatchett, Tim Greimel, Sue Ann Douglas, Thomas Middleton
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR REINSTATING AUBURN PONTIAC-GMC’S
FRANCHISE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Auburn Pontiac-GMC has been a part of the City of Pontiac since 1990; and
WHEREAS Auburn Pontiac-GMC is the only new car dealership currently operating in the City of Pontiac
and the only General Motors dealership along the central Interstate 75 (I-75) corridor; and
WHEREAS if the Auburn Pontiac-GMC dealership closes, many residents living and working in and
around the City of Pontiac will have to drive up to an additional 30 minutes to obtain warranty work on
their General Motors vehicles; and
WHEREAS in 2009, Auburn Pontiac-GMC was notified that their franchise would be terminated; and
WHEREAS loss of the franchise will result in the loss of jobs, income tax revenues, property tax revenues
and will have a devastating impact on the economic base of the City of Pontiac; and
WHEREAS the City of Pontiac is already facing a financial crisis with the closing of the local automotive
plants and the associated loss of jobs for many Pontiac residents; and
WHEREAS the AutoHahn Network, which includes the Auburn GMC dealership, is a significant employer
and taxpayer in Oakland County. The closing represents a loss of more than $3 million a year in
purchasing power within our communities and a loss of $1.2 million to small vendors, whose livelihoods
depend on this dealership. The State of Michigan stands to lose more than $800,000 a year in payroll,
business and property taxes; and
WHEREAS Auburn Pontiac-GMC and its family funded charitable foundation are great community
partners. They provide vehicles to the Pontiac Police Department to help improve public safety. The loss
of their active support will be deleterious to dozens of local charities, parades and community events; and
WHEREAS Auburn Pontiac-GMC has appealed the loss of the franchise and an arbitration hearing is
scheduled to be held; and
WHEREAS the Oakland County Board of Commissioners recognizes the important economic impact of
local auto dealerships and therefore supports and encourages these local businesses.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
efforts by Auburn Pontiac-GMC to have its franchise reinstated.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward a copy of this
adopted resolution to Auburn Pontiac-GMC.
Chairperson, we move the foregoing resolution.
MATTIE HATCHETT, TIM GREIMEL, TOM
MIDDLETON, SUE ANN DOUGLAS, KIM
CAPELLO, SHELLEY TAUB, BILL BULLARD,
JANET JACKSON, MARCIA GERSHENSON,
GARY McGILLIVRAY, ERIC COLEMAN
The Chairperson referred the resolution to the Public Services Committee. There were no objections.
MISCELLANEOUS RESOLUTION #10044
BY: Commissioners Marcia Gershenson and Shelley Taub
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR REINSTATING CAULEY CHEVROLET’S
FRANCHISE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Cauley Chevrolet dealership has been a part of the Township of West Bloomfield for over
20 years; and
WHEREAS Cauley Chevrolet is the only dealership currently operating in West Bloomfield Township and
the only General Motors dealership along the several mile stretch of the major business corridor –
Orchard Lake Road; and
WHEREAS in 2009, Cauley Chevrolet was notified that their franchise would be terminated; and
Commissioners Minutes Continued. March 3, 2010
604
WHEREAS if the Cauley Chevrolet dealership closes, many residents living and working in and around
the Township of West Bloomfield will have to drive up to an additional 30 minutes to obtain warranty work
on their General Motors vehicles or to purchase new vehicles; and
WHEREAS loss of the franchise will result in the loss of 65 jobs, income tax revenues, property tax
revenues and will have a devastating impact on the economic base of the Township of West Bloomfield;
and
WHEREAS Cauley Chevrolet is a significant employer and taxpayer in Oakland County. The taxes to the
Township of West Bloomfield alone exceed $150,000 per year. The closing represents a loss of millions
of dollars a year in purchasing power within our communities and to small vendors, whose livelihoods
depend on this dealership; and
WHEREAS the State of Michigan stands to lose significant revenue from what Cauley Chevrolet
generates annually from payroll, business and property taxes; and
WHEREAS Cauley Chevrolet is a great community partner. The loss of their active support will be
disastrous to dozens of local charities, parades and community events; and
WHEREAS Cauley Chevrolet has appealed the loss of the franchise and an arbitration hearing is
scheduled to be held; and
WHEREAS the Oakland County Board of Commissioners recognizes the important economic impact of
local auto dealerships and therefore supports and encourages these local businesses.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
efforts by Cauley Chevrolet to have its franchise reinstated.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward a copy of this
adopted resolution to Cauley Chevrolet.
Chairperson, we move the foregoing resolution.
MARCIA GERSHENSON, SHELLEY TAUB, TIM
GREIMEL, MATTIE HATCHETT, KIM
CAPELLO, SUE ANN DOUGLAS, JOHN
SCOTT, CHRISTINE LONG, ROBERT
GOSSELIN, TOM MIDDLETON, BRADFORD
JACOBSEN
The Chairperson referred the resolution to the Public Services Committee. There were no objections.
MISCELLANEOUS RESOLUTION #10045
BY: Commissioner Michael J. Gingell
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM –
AMENDMENT TO MISCELLANEOUS RESOLUTION #09221 AND COMMITTEE PROCESS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #09221
which established the revised “Tri-Party Road Improvement Program – Funding and Project Approval
Process”; and
WHEREAS Miscellaneous Resolution #09221 provides that any discretionary Oakland County
appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the
designated General Fund Tri-Party Program fund balance and may be made only after completion of all
of the following:
1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township
(CVT) have identified a specific project and said project is ready to be undertaken immediately;
and
2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said
appropriation to a specific project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written
contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits to the Board of
Commissioners General Government Committee and Finance Committee a resolution authorizing
the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund
Commissioners Minutes Continued. March 3, 2010
605
Balance for Tri-Party Program. The resolution shall be approved by both Committees and the full
Board before any funds may be released from the Tri-Party Program designation account; and
WHEREAS the full Board of Commissioners acts to adopt the annual budget, including the designations
for the Tri-Party Program, therefore it is only necessary for resolutions to come before the Finance
Committee and the Board of Commissioners to authorize the appropriation of the County’s 1/3 share of
the project from the General Fund Designated Fund Balance for Tri-Party Program; and
WHEREAS the language in Miscellaneous Resolution #09221, which references Tri-Party authorizations
for individual communities to go before the General Government Committee are redundant and should be
stricken from the process to release funds from the Tri-Party Program designation account.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
amends Miscellaneous Resolution #09221 and the Tri-Party Road Improvement Program authorization
process to remove any references that require authorization of funding for individual projects to go before
the General Government Committee.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners amends the 5th Be It
Further Resolved Paragraph of Miscellaneous Resolution #09221 to state as follows:
4. The Commissioner(s) representing the CVT requesting the project submits to the Board of
Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3
share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The
resolution shall be approved by the Finance Committee and the full Board before any funds may
be released from the Tri-Party Program designation account; and
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the
Clerks of the cities, villages and townships in Oakland County.
Chairperson, we move the adoption of the foregoing resolution.
MICHAEL GINGELL, SHELLEY TAUB, TOM
MIDDLETON, BRADFORD JACOBSEN, JOHN
SCOTT, ROBERT GOSSELIN, SUE ANN
DOUGLAS, CHRISTINE LONG, KIM CAPELLO,
JIM RUNESTAD, MATTIE HATCHETT, BILL
BULLARD, DAVID POTTS, JEFF POTTER
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #10046
BY: Commissioners Shelley Taub, Marcia Gershenson, Helaine Zack, Steven Schwartz
IN RE: BOARD OF COMMISSIONERS – RECOGNIZING APRIL 11, 2010 AS HOLOCAUST
REMEMBRANCE DAY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States Congress established the Days of Remembrance as the nation’s annual
commemoration of the Holocaust; and
WHEREAS in the spring of 1945 Allied soldiers encountered dozens of concentration camps and were
suddenly confronted with the reality of Nazi atrocities; and
WHEREAS journalists accompanying military units who had seen the camps described what they had
seen as “unbelievable”, “beyond all comprehension” and “You just can’t understand it, even when you’ve
seen it”; and
WHEREAS the number of Jews and non-Jews systematically murdered by the Nazis is estimated to be
between 11-17 million people; and
WHEREAS General Dwight D. Eisenhower realizing that a failure to believe would be a danger for the
future, ordered military units to visit the camps, he encouraged journalists and members of Congress and
the British Parliament to see the camps so they could bear witness to what they had seen; and
WHEREAS sixty four years later at Buchenwald, President Barack Obama acknowledged the value of
bearing witness: “We are here today because this work is not finished. To this day, there are those who
insist that the Holocaust never happened – a denial of fact and truth that is baseless and ignorant and
Commissioners Minutes Continued. March 3, 2010
606
hateful. This place is the ultimate rebuke to such thoughts, a reminder of our duty to confront those who
would tell lies about our history”; and
WHEREAS this year, Holocaust Remembrance Day is Sunday, April 11, 2010 commemorating the 65th
anniversary of the liberation of the Nazi concentration camps.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes
April 11, 2010 as Holocaust Remembrance Day.
Chairperson, we move the foregoing resolution.
SHELLEY TAUB, BRADFORD JACOBSEN, TIM
GREIMEL, TOM MIDDLETON, TIM BURNS,
MICHAEL GINGELL, GARY McGILLIVRAY,
ROBERT GOSSELIN, DAVID COULTER, KIM
CAPELLO, DAVID WOODWARD, JIM
RUNESTAD, HELAINE ZACK, JEFF POTTER,
JIM NASH, STEVEN SCHWARTZ, ERIC
COLEMAN, JANET JACKSON, MARCIA
GERSHENSON, SUE ANN DOUGLAS, JOHN
SCOTT, CHRISTINE LONG, DAVID POTTS,
BILL BULLARD, MATTIE HATCHETT
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #10047
BY: Commissioner Shelley Taub
IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO HOUSE BILL 5319
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Michigan House Bill 5319 was introduced to amend Public Act 451 of 1994, entitled the
Natural Resources and Environmental Protection Act, in order to establish that groundwater is a “public
trust”; and
WHEREAS House Bill 5319 would repeal the current legal doctrine which gives owners of real property a
right to the reasonable use of groundwater, to the extent that it does not diminish the ability of neighboring
property owners to obtain water; and
WHEREAS by placing groundwater in a public trust, landowners would be required to secure a permit
from the State of Michigan in order to use the water in certain circumstances, such as proximity to a trout
stream; and
WHEREAS local farmers and family-owned businesses have been providing safe, properly constructed
water well systems for people to use water from the land they own for over a century. Thousands of
customers utilize this water for domestic, agricultural, industrial and recreational use; and
WHEREAS House Bill 5319 infringes upon the riparian rights of all landowners in Oakland County whose
property has frontage to a lake, pond or stream and negatively compromises their right to have
reasonable use of the water source, as well as property owners with well systems; and
WHEREAS the right to develop and reasonably use water is critical to growth and commerce throughout
Michigan and Oakland County; and
WHEREAS Michigan has some of the strongest water protection laws, regulations and local ordinances in
the nation. A landowner’s right to the reasonable use of water from their own property has historically
received the highest protection by state law and the courts; and
WHEREAS HB 5319 is attempting to quietly strip away these important property rights without landowner
compensation and poses a dangerous threat to the economic prosperity of the State of Michigan and
Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby finds
that it would be detrimental to the people and economy of Oakland County to amend the Natural
Resources and Environmental Protection Act, in order to establish that groundwater is a “public trust”.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners opposes House Bill
5319 and urges the Michigan Legislature to vote in opposition of this measure.
Commissioners Minutes Continued. March 3, 2010
607
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Jennifer M. Granholm, Representative Dan Scripps, the House
Committee on Great Lakes and Environment, the Oakland County delegation to the Michigan Legislature,
the Michigan Association of Counties and Oakland Counties Legislative Lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
SHELLEY TAUB, BRADFORD JACOBSEN,
CHRISTINE LONG, TOM MIDDLETON, JOHN
SCOTT, MICHAEL GINGELL, SUE ANN
DOUGLAS, JIM RUNESTAD, ROBERT
GOSSELIN, KIM CAPELLO, DAVID POTTS
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 8:27 p.m. to the call of the Chair or March 25, 2010, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson