HomeMy WebLinkAboutMinutes - 2010.01.13 - 71081101
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
November 3, 2010
Meeting called to order by Chairperson Bill Bullard, Jr. at 7:04 p.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub,
Woodward, Zack. (22)
EXCUSED ABSENCE WITH NOTICE: Schwartz. (1)
ABSENT: Capello. (1)
Quorum present.
Invocation given by Janet Jackson.
Pledge of Allegiance to the Flag.
Moved by Gosselin supported by McGillivray the minutes of the October 21, 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 approved as printed.
AYES: Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub,
Woodward, Zack. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda was approved as printed.
Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Waste
Resource Management Unit – Resolution Approving the Provisions of a Brownfield Plan for the 4800
Lapeer Road Project. Is there anyone present who wishes to speak?” No one requested to speak and the
Chairperson declared the Public Hearing closed.
The following people addressed the Board during public comment: County Road and Park
Commissioner, Richard Skarritt, and Mr. John from Birmingham.
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 1117. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
Commissioners Minutes Continued. November 3, 2010
1102
REPORT (MISC. #10283)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY IMPROVEMENT PROGRAM FISCAL YEAR
2010 APPROPRIATION – 10 MILE ROAD TO GRAND RIVER, CITY OF NOVI – PROJECT NO. 41531
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-titled resolution on October 28, 2010, reports with a
recommendation that the title of the resolution be amended as follows:
BOARD OF COMMISSIONERS – TRI-PARTY IMPROVEMENT PROGRAM FISCAL YEAR 2011
APPROPRIATION – 10 MILE ROAD TO GRAND RIVER, CITY OF NOVI, - PROJECT NO. 41531
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #10283
BY: Commissioner Kim T. Capello, District #9
IN RE :BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2010 APPROPRIATION – 10 MILE ROAD TO GRAND RIVER, CITY OF NOVI – PROJECT NO.
41531
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the
discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and
townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of
an Oakland County CVT and under the supervision, direction and control of the Road Commission for
Oakland County; and
WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement
Program – Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
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 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
WHEREAS the City of Novi, along with the Road Commissioner for Oakland County has identified a
specific project and said project is ready to be undertaken immediately; and
WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the
funding for the identified project in the City of Novi and said appropriation has been transferred to a
specific project account; and
WHEREAS the City of Novi has demonstrated that it has authorized its one-third (1/3) share of the
funding for the specified project and has executed a written contract for payment with the Road
Commission for Oakland County; and
WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2010 authorized amount of Tri-
Party Road Improvement funding for the City of Novi is $ 505,851.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the City of Novi as eligible for appropriation and authorizes the release
Commissioners Minutes Continued. November 3, 2010
1103
of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund
Designated Fund Balance.
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
City of Novi.
Chairperson, I move the adoption of the foregoing Resolution.
KIM CAPELLO
Copy of Cost Participation Agreement Construction Novi Road 10 Mile Road to Grand River Avenue in
the City of Novi Board Project No. 41531, and Exhibit A Tri-Party Program County Supported
Improvements on file in County Clerk’s office.
FISCAL NOTE (MISC. #10283)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2011 APPROPRIATION – 10 MILE ROAD TO GRAND RIVER, CITY OF NOVI – PROJECT NO.
41531
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. On December 9, 2009, the Board of Commissioners approved Miscellaneous Resolution #09290
which designated $1,000,000 in fund balance for the 2010 Tri-Party program for projects
managed by the Road Commission for Oakland County (RCOC).
2. Unused Tri-Party funding of $3,928,942 accumulated from Oakland County appropriations from
FY 2009 and prior was returned from RCOC and is designated in the County General fund
(account #371510, previously maintained in account #371509).
3. Funding of $505,851 is available in the General Fund Designated Fund Balance for Tri-Party
2011 and prior funding (account #371510) for project 41531, road reconstruction including
concrete pavement, sidewalk, curb, and utter, storm sewer and additional construction over the
CSX railroad, and Middle Rouge River and on Novi Road from 10 Mile Road northerly to Grand
River Avenue in the City of Novi.
4. The FY 2011 budget is amended as follows:
General Fund #10100
Revenue FY 2011
10100-9010101-196030-665882 Planned Use of Fund Balance $505,851
Total Revenues $505,851
Expenditures
10100-9010101-153010-740135 Tri-Party $505,851
Total Expenditures $505,851
FINANCE COMMITTEE
(The vote for this motion appears on page 1117.)
MISCELLANEOUS RESOLUTION #10284
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – AWARD OF CONTRACT FOR
CONSTRUCTION MANAGEMENT SERVICES AND FUNDING REQUEST FOR THE OAKLAND
POINTE CONNECTOR ADDITION PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on September 14, 2010, the Planning and Building Committee authorized Facilities
Management to advertise Request for Proposals (RFP) to the construction industry asking for
qualifications and proposals for construction management services for the Oakland Pointe Connector
Addition Project; and
Commissioners Minutes Continued. November 3, 2010
1104
WHEREAS the project will provide a single security checkpoint location for both buildings of the Oakland
Pointe facility; and
WHEREAS on October 5, 2010, the Purchasing Division received ten (10) responses with written
qualifications and fee proposals and the RFPs were reviewed by the selection team that was formed to
evaluate the proposals; and
WHEREAS the selection team analyzed and scored the written and fee proposals and invited the top four
(4) rated firms to present their proposals on October 15, 2010 for further evaluation; and
WHEREAS George W. Auch Co. of Pontiac, Michigan earned the highest evaluation score and in
accordance with their fee proposal a contract for professional services will be in the amount of $98,530;
and
WHEREAS the Construction Manager will bid the work to the trade sub-contractors and will review the
bids with Facilities Engineering before award and will adjust the Construction Manager’s contract based
on sub-contractors and any necessary change orders; and
WHEREAS total project costs of $850,000 are recommended by the Facilities Engineering Division,
including the contract award of $98,530, estimated construction trades of $600,000, estimated other
owner costs of $75,000, and contingency of $76,470; and
WHEREAS the FY 2011 Capital Improvement Program identifies the Oakland Pointe Connector Addition
Project in the amount of $850,000 as the funding source for the project; and
WHEREAS funding in the amount of $850,000 is available for transfer from the FY 2011 Capital
Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) for the Oakland
Pointe Connector Addition Project.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an
award of contract for the Oakland Pointe Connector Addition Project to George W. Auch Co. of Pontiac,
Michigan in the amount of $98,530.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $850,000 from the Capital Improvement Program/Building Improvement Fund (#40100) to the
Project Work Order Fund (#40400) for the Oakland Pointe Connector Addition Project (#100000001451)
as detailed below:
Building Improvement Fund #40100
1040101-148020-788001-40400 Transfer Out ($850,000)
Project Work Order Fund #40400
1040101-148020-695500-40100 Transfer In $850,000
$ -0-
FINANCE COMMITTEE
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
Copy of Supplementary Conditions, AIA Document A201 – 2007 General Conditions of the Contract for
Construction, and Index (Topics and numbers in bold are section headings.) on file in County Clerk’s
office.
(The vote for this motion appears on page 1117.)
MISCELLANEOUS RESOLUTION #10285
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FOURTH QUARTER 2010
DEVELOPMENT APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all development cost is incorporated as a single appropriation within the non-departmental
budget and then an amount equal to the actual expense is transferred to the user department with a
summary report to the Finance Committee; and
WHEREAS the Department of Information Technology has determined the Fourth Quarter 2010
development charges to be $1,023,518.85 and the imaging development charge to be $13,132.00 for the
General Fund/General Purpose County departments; and
Commissioners Minutes Continued. November 3, 2010
1105
WHEREAS direct charges to Special Revenue and Proprietary fund departments are $411,236.25, non-
governmental imaging development are $10,267.20, and non-county agencies are $2,453.50 for the
Fourth Quarter 2010; and
WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to
fund these development charges.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed
the Fourth Quarter 2010 Development Report and approves the Fourth Quarter appropriation transfer as
specified on the attached schedule.
BE IT FURTHER RESOLVED that the respective departmental Fiscal Year 2010 budgets are to be
amended as specified in the attached detail schedule
FINANCE COMMITTEE
Copy of Information Technology Development Summary 4th Quarter 2010, Information Technology –
Reserved Fund Development/Support Detail – Fourth Quarter 2010 on file in County Clerk’s office.
(The vote for this motion appears on page 1117.)
MISCELLANEOUS RESOLUTION #10279
BY: General Government Committee, Christine Long, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT FOR
BALLOT LAYOUT AND PROGRAMMING SERVICES BETWEEN OAKLAND COUNTY AND LOCAL
MUNICIPALITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Urban Cooperation Act of 1967 permits local governments to enter into interlocal
agreements to provide services; and
WHEREAS Oakland County Corporation Counsel has drafted an agreement for the cities, villages and
townships in Oakland County to utilize the services of the Oakland County Elections Division for Ballot
Layout and Programming Services at a cost of $300 per election; and
WHEREAS the proposed cooperative agreement between Oakland County and local municipalities will
result in an estimated $60,000 biennial savings to local municipalities and $144,000 biennial savings to
Oakland County; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Agreement to govern the relationship and responsibilities between the County
and the following local municipalities for ballot layout and programming services:
City of Auburn Hills Township of Addison
City of Berkley Charter Township of Bloomfield
City of Birmingham Charter Township of Brandon
City of Bloomfield Hills Charter Township of Commerce
City of the Village of Clarkston Township of Groveland
City of Clawson Charter Township of Highland
City of Farmington Township of Holly
City of Farmington Hills Charter Township of Independence
City of Ferndale Charter Township of Lyon
City of Hazel Park Charter Township of Milford
City of Huntington Woods Township of Novi
City of Keego Harbor Charter Township of Oakland
City of Lake Angelus Charter Township of Orion
City of Lathrup Village Charter Township of Oxford
City of Madison Heights Township of Rose
City of Northville Charter Township of Royal Oak
City of Novi Township of Southfield
City of Oak Park Charter Township of Springfield
City of Orchard Lake Village Charter Township of Waterford
City of Pleasant Ridge Charter Township of West Bloomfield
City of Pontiac Charter Township of White Lake
Commissioners Minutes Continued. November 3, 2010
1106
City of Rochester Village of Bingham Farms
City of Rochester Hills Village of Franklin
City of Royal Oak Village of Lake Orion
City of South Lyon Village of Milford
City of Southfield Village of Oxford
City of Sylvan Lake
City of Troy
City of Walled Lake
City of Wixom
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Agreement and all other related documents between
the County and the municipalities listed above.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Interlocal Agreement for Ballot Layout and Programming Services between Oakland County and
Municipality on file in County Clerk’s office.
FISCAL NOTE (MISC. #10279)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION - AGREEMENT FOR
BALLOT LAYOUT AND PROGRAMMING SERVICES BETWEEN OAKLAND COUNTY AND LOCAL
MUNICIPALITIES
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 Clerk Register of Deeds – Elections Division is responsible to manage all state and federal
elections and report the election results.
2. The Elections Division is qualified to provide ballot layout and election machine programming
services to local municipalities and the Oakland County Corporation has drafted an agreement for
the cities, villages and townships (CVT’s) in Oakland County to utilize the services of the Oakland
County Elections Divisions for ballot layout and programming services at a cost of $300 per
election.
3. This is a contract renewal, and the proposed funding for this project and ongoing operating cost
are derived from the proposed cooperative agreement, which will result in an estimated $60,000
biennial savings to local municipalities and $144,000 biennial savings to Oakland County.
4. Revenues (Reimbursement General) and expenditures (Overtime and Election Supplies)
associated with these services are incorporated in the Adopted Budget for FY2011, 2012 and
2013, and therefore, no budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 1117.)
MISCELLANEOUS RESOLUTION #10286
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2011 - 2013 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE GOVERNMENT EMPLOYEES LABOR COUNCIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Government Employees Labor Council (GELC), have been
negotiating a contract covering approximately 122 Children’s Village Employees; and
WHEREAS a three year agreement has been reached for the period October 1, 2010, through September
30, 2013, and said agreement has been reduced to writing; and
Commissioners Minutes Continued. November 3, 2010
1107
WHEREAS this agreement provides for a 1.5% wage reduction for all employees represented by this
bargaining unit for Fiscal Year 2011; and
WHEREAS this agreement provides that the retroactive amount shall be deducted from the employee’s
first three pays following the execution of this agreement; and
WHEREAS this agreement provides for a wage re-opener for Fiscal Year 2012 and Fiscal Year 2013; and
WHEREAS this agreement provides for a health, dental and optical re-opener for 2012 and 2013; 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 Government Employees Labor Council, covering the
period of October 1, 2010, through September 30, 2013, 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 Governmental Employees Labor Council Collective Bargaining
Agreement, Children’s Village Employees Appendix A, and Children’s Village Employees Appendix B on
file in County Clerk’s office.
FISCAL NOTE (MISC. #10286)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2011 - 2013 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE GOVERNMENT EMPLOYEES LABOR COUNCIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The County of Oakland and the Government Employees Labor Council have negotiated a three-
year agreement beginning October 1, 2010 through September 30, 2013 for approximately 122
Children’s Village Employees.
2. This agreement provides for a 1.5% wage reduction for Fiscal Year 2011, which equates to
$77,700 in salaries and $34,266 in related fringe benefits for a total of $111,966.
3. To recover any retroactive amount for Fiscal Year 2011 employees represented by this
bargaining unit shall have a deduction from the first three pays following the execution of this
agreement.
4. The agreement further provides for a wage re-opener and health, dental, and optical re-opener
for FY 2012 and FY 2013.
5. The 1.5% wage reduction is included in the FY 2011 Adopted Budget. Therefore, no amendment
is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 1117.)
REPORT (MISC. # 10281)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – CONTINUATION OF OCCMHA AGREEMENT AND INMATE
CASEWORKER POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #10281 on October 27, 2010 reports with the
recommendation the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
Report.
HUMAN RESOURCES COMMITTEE
Commissioners Minutes Continued. November 3, 2010
1108
MISCELLANEOUS RESOLUTION #10281
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF'S OFFICE – CONTINUATION OF OCCMHA AGREEMENT AND INMATE
CASEWORKER POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff’s Office provides mental health services to inmates having serious and persistent
mental illnesses; and
WHEREAS the Oakland County Community Health Authority (OCCMHA) has provided support to the
Oakland County Sheriff’s Office in providing these services; and
WHEREAS the Oakland County Community Health Authority (OCCMHA) has provided partial
reimbursement of one (1) GF/GP Inmate Caseworker position since 1999; and
WHEREAS CMHA agrees to continue partial funding in the amount of $64,468 for one (1) GF/GP full-time
Inmate Caseworker (Pos. #4030320-06577) assigned to Inmate Program Services; and
WHEREAS the acceptance of these funds does not obligate the County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Fiscal Year 2011 OCCMHA Letter of Agreement in the amount of $64,468 and that the Board
Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached.
BE IT FURTHER RESOLVED to continue one (1) GF/GP full-time Inmate Caseworker (Pos. #4030320-
06577) in the Corrective Services-Detention Facilities Division/Inmate Program Services which is partially
funded by OCCMHA October 1, 2010 through September 30, 2011.
BE IT FURTHER RESOLVED that the continuation of this position is contingent upon continued
reimbursement funding.
Chairperson, on behalf of the Public Services Committee, I move adoption of the forgoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Communication for Community Mental Health Authority on file in County Clerk’s office.
FISCAL NOTE (MISC. #10281)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE – CONTINUATION OF OCCMHA AGREEMENT AND INMATE
CASEWORKER 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:
1. The Sheriff’s Office has received partial reimbursement funding from the Oakland County
Community Mental Health Authority (OCCMHA) in support of (1) GF/GP full-time Inmate
Caseworker position (#4030320-06577).
2. This position enables the Sheriff’s Office to provide mental health service to inmates having
serious and persistent mental illness.
3. This funding arrangement for partial reimbursement has been in effect since 1999.
4. The letter of agreement from OCCMHA provides supplemental funding in the amount of $64,468
for one (1) year during the period October 1, 2010 through September 30, 2011. After which,
funding arrangements will be evaluated for extension and renewal, contingent upon continued
funding from OCCMHA.
5. An Intergovernmental billing to OCCMHA for Fiscal Year 2011 and revenue receipts will be
recorded to the Sheriff’ Office Community Corrections Division GF/GP budget.
6. No budget amendments are necessary.
FINANCE COMMITTEE
(The vote for this motion appears on page 1117.)
Commissioners Minutes Continued. November 3, 2010
1109
MISCELLANEOUS RESOLUTION #10287
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2011 ACCESS AND VISITATION GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State Court Administrative Office (SCAO) has awarded the Friend of the Court grant
funding in the amount of $19,000 for the period of October 1, 2010 through September 30, 2011; and
WHEREAS this grant is for services to be performed in conjunction with Impact Consulting, Inc., which
facilitates parenting time (visitation) for certain cases as determined by the Court; and
WHEREAS matching funds are not required by the grant from Impact Consulting, Inc. or the Oakland
County Friend of the Court.
WHEREAS the contract has been approved in accordance with the County Executive’s review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY
2011 Access and Visitation Grant.
BE IT FURTHER RESOLVED that the Oakland County Friend of the Court will contract with Impact
Consulting, Inc. to provide services as detailed in the grant award.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute this agreement and to approve amendments and extensions up to fifteen (15%) percent variance
from the award.
BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon the continuation
of State funding.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Friend of the Court, Agreement Michigan Supreme Court State Court
Administrative Office and 6th Circuit Court Oakland County Friend of the Court 230 Elizabeth Lake road
Pontiac, MI 48341 and III. Scope of Services, on file in County Clerk’s office.
FISCAL NOTE (MISC. #10287)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: CIRCUIT COURT/FRIEND OF THE COURT – 2011 ACCESS AND VISITATION GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Oakland County Friend of the Court (FOC) has been awarded a Federal Access and
Visitation Grant through the State Court Administrative Office (SCAO) in the amount of $19,000.
The grant period is October 1, 2010 through September 30, 2011.
2. The grant is for services to be performed in conjunction with agencies that facilitate parenting
time (visitation) for certain cases as determined by the court.
3. There is no general fund fiscal obligation.
4. The FY 2011 Adopted Budget is $24,621, which is $5,621 greater than the grant award.
Commissioners Minutes Continued. November 3, 2010
1110
5. The Fiscal Year 2010 Special Revenue budget is amended as follows to reflect the reduction in
funding for this program:
Fund #27120 – FOC Access Visitation:
Grant #GR0000000282
Revenue FY 2011
3010401-126030-615571 Grants-State ($5,621)
($5,621)
Expenditure
3010401-126030-731458 Professional Services ($5,621)
($5,621)
FINANCE COMMITTEE
(The vote for this motion appears on page 1117.)
MISCELLANEOUS RESOLUTION #10288
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF PROSECUTING ATTORNEY – FISCAL YEAR 2011 OAKLAND COUNTY
NARCOTICS ENFORCEMENT TEAM (NET) BYRNE GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan State Police awarded the Sheriff and Prosecuting Attorney funding for the FY
2011 Narcotics Enforcement Team (NET) Byrne Grant Program; and
WHEREAS the grant application requested $302,720 in funding, and the grant award is the same; and
WHEREAS the State share of funding is $302,720, the County grant match is $302,720, and the balance
of program funding of $149,764 will be derived from Sheriff and Prosecutor Drug Forfeiture Funds;
representing total NET Byrne program budget of $755,204; and
WHEREAS grant funding is for the period of October 1, 2010 through September 30, 2011; and
WHEREAS the grant award will partially fund the continuation of two (2) full time eligible (FTE) SR
Assistant Prosecutor III positions (#4010201-06386 & 07959), and one (1) FTE SR Assistant Prosecutor
IV position (#4010201-07207) which is under-filled with an Assistant Prosecutor II in the Prosecuting
Attorney’s Office; and
WHEREAS in the Sheriff’s Office the grant award will also continue partial funding of two (2) FTE SR
Sergeant positions (#4030920-09829 and #4030920-09830), one (1) FTE SR Deputy II (#4030920-
10930) position, and one (1) SR part-time non-eligible (PTNE) 1,000 hrs./year Office Assistant II
(#4030920-10931) position; and
WHEREAS the FY 2011 grant program is partially funded by Drug Forfeiture funds of $82,624 from the
Prosecutor’s forfeiture account; and $67,140 from the Sheriff’s forfeiture account; and
WHEREAS this grant award has been processed through the County Executive’s Contract Review
Process and the Board of Commissioners’ Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Oakland County NET Byrne Grant award, for the period October 1, 2010 through September 30, 2011, in
the amount of $302,720.
BE IT FURTHER RESOLVED that the grant award will partially fund the continuation of two (2) SR FTE
Assistant Prosecutor III positions (#4010201-06386 & 07959), and one (1) SR FTE Assistant Prosecutor
IV position (#4010201-07207), which is under-filled with an Assistant Prosecutor II in the Prosecuting
Attorney’s Office.
BE IT FURTHER RESOLVED that two (2) FTE SR Sergeant positions (#4030920-09829 and #4030920-
09830), one (1) FTE SR Deputy II position (#4030920-10930), and one (1) SR PTNE 1,000 hr./year
Office Assistant II position (#4030920-10931) be continued in the Sheriff’s Office/Investigative & Forensic
Services/Narcotics Enforcement Team (N.E.T.) Unit and partially be funded by the grant award.
BE IT FURTHER RESOLVED that Drug Forfeiture Funds of $82,624 be transferred from the Prosecuting
Attorney’s Drug Forfeiture account to partially fund the three (3) current existing positions; and $67,140
be transferred from the Sheriff’s Drug Forfeiture account to partially fund the four (4) current existing
positions,.
Commissioners Minutes Continued. November 3, 2010
1111
BE IT FURTHER RESOLVED that total NET Byrne Program funding of $755,204 consisting of $302,720
in State grant award funding; and $302,720 in GF/GP grant matching funds; and $149,764 in Drug
Forfeiture Account funds, including $82,624 from the Prosecutor’s forfeiture account; and $67,140 from
the Sheriff’s forfeiture account be accepted.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of
the original award, which are consistent with the original application as approved.
BE IT FURTHER RESOLVED that continuation of this program, including positions, is contingent upon
continued grant and Drug Forfeiture Account funding.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Sheriff, Prosecuting Attorney, Grant Agreement Hereinafter referred to
as the “Agreement” between Michigan State Police hereinafter referred to as the “Department” and
County of Oakland, Purpose, Statement of Work, Program Budget Summary Michigan State Police Byrne
Justice Assistance Grant, Program Budget, Cost Detail Schedule Michigan State Police,
Performance/Progress/PMT Report Requirements, Financial Status Report Michigan State Police, Audit
Status Notification Letter, and Certifications and Assurance on file in County Clerk’s office.
FISCAL NOTE (MISC. #10288)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF PROSECUTING ATTORNEY – FISCAL YEAR 2011 OAKLAND COUNTY
NARCOTICS ENFORCEMENT TEAM (NET) BYRNE GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Sheriff and Prosecuting Attorney have been awarded $605,440 in funds for the Fiscal Year
2011 Byrne Memorial Grant for the Oakland County Narcotics Enforcement Team (NET).
2. The grant award is equal to the grant application amount requested.
3. The State contribution is $302,720 and County grant match is $302,720. The County match is
included in the Fiscal Year 2011 Non-departmental grant match line item.
4. The total program funding is $755,204 which includes the grant award of $302,720 and County
grant match of $302,720; the funding shortfall of $149,764 will be covered by $67,140 from the
Sheriff Department NET Drug Forfeitures account, and $82,624 from the Prosecutor Department
Drug Forfeiture account (4030901-110040-222430; 4010101-123030-222440).
5. Grant award continues funding for three (3) SR full-time eligible (FTE) Assistant Prosecutors,
position numbers (4010201-06386, 07207, & 07959) in the Prosecutor’s Litigation Division, and
two (2) SR FTE Sergeant positions (4030901-09829, & 09830), one (1) SR FTE Deputy II
position (4030920-10930), and one (1) SR part-time non-eligible PTNE 1,000 hour/year Office
Assistant II position (4030920-10931) in the Sheriff’s Office.
6. The grant period is October 1, 2010 through September 30, 2011.
7. The Fiscal Year 2011 adopted budget is amended as follows:
Amended Adjust- Adjusted
GENERAL FUND #10100 FY 2011 ment FY 2011
Revenues
4030901-123030-670285 Enhancement Fds $ 21,326 $ 45,814 $ 67,140
4010101-122080-670285 Enhancement Fds 50,608 32,016 82,624
Total General Fund Revenues $ 71,934 $ 77,830 $ 149,764
Expenditures
9090101-196030-730800 Grant Match $2,073,515 ($302,720) $1,770,795
9010101-181000-740023-27320 Bud Transition 777,447 (71,934) 705,513
4010201-122080-788001-27320 Transfers Out -0- 233,984 233,984
4030901-110090-788001-27320 Transfers Out -0- 218,500 218,500
Total General Fund Expenditures $2,850,962 $ 77,830 $2,928,792
Commissioners Minutes Continued. November 3, 2010
1112
GRANT FUND #27320
Project GR #0000000146, Activity A,
Analysis Type GLB Budget Ref 2011
Revenues
4010201-122080-610313 Grants Federal $ 151,360 $ 0 $ 151,360
4030901-110090-610313 Grants Federal 151,360 0 151,360
4030901-110090-695500-10100 Trfrs In Sherf 213,445 5,055 218,500
4010201-122080-695500-10100 Trfrs In Pros 201,968 32,016 233,984
Total Grant Fund Revenues $ 718,133 $ 37,071 $ 755,204
Expenditures
4030901-110090-702010 Salaries $ 233,830 ($ 8,830) $ 225,000
4030901-110090-722740 Fringe Benefit 124,974 19,886 144,860
4010201-122085-702010 Salaries 158,872 ( 2,380) 156,492
4010201-122085-722740 Fringe Benefit 91,304 ( 10,679) 80,625
4010201-122080-702010 Salaries 65,506 29,402 94,908
4010201-122080-722740 Fringe Benefit 37,647 15,672 53,319
4010201-122080-776659 Motor Pool Fuel 6,000 ( 6,000) 0
Total Grant Fund Expenditures $ 718,133 $ 37,071 $ 755,204
FINANCE COMMITTEE
(The vote for this motion appears on page 1117.)
MISCELLANEOUS RESOLUTION #10289
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF’S OFFICE – 2010 BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the U.S. Department of Justice, Bureau of Justice Assistance Programs, has awarded the
Sheriff’s Office grant funding in the amount of $17,170.10, with a required 50% grant match of $17,170.10
for the grant year period of April 1, 2010 through September 30, 2012; and
WHEREAS the grant allows reimbursement of costs incurred by the Sheriff’s Office for the purchase of
approved bulletproof vests for deputies; and
WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and
WHEREAS the continuation of the program is contingent upon future levels of reimbursement program
funding.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the 2010 U.S.
Department of Justice Bulletproof Vest Partnership Program Grant in the amount of $34,340.20, including
$17,170.10 of grant funding and that the Board Chairperson, on behalf of the County of Oakland, is
authorized to execute said agreement as attached.
BE IT FURTHER RESOLVED that the grant provides for a reimbursement of costs, and a 50% grant
match of $17,170.10 is required.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Sheriff’s Office, Jurisdiction Name on file in County Clerk’s office.
FISCAL NOTE (MISC. #10289)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – 2010 BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The U.S. Department of Justice, Bureau of Justice Assistance Programs awarded the Sheriff’s
Office grant program funding in the amount of $17,170.10.
Commissioners Minutes Continued. November 3, 2010
1113
2. The grant provides up to fifty percent (50%) reimbursement of costs incurred by the Sheriff’s
Office for the purchase of approved bulletproof vests for deputies, and represents reimbursement
of prior years cost of bulletproof vests purchased through the Sheriff’s GF/GP budget.
3. With the fifty percent (50%) reimbursement awarded from the U.S. Department of Justice, Bureau
of Justice Assistance Programs and the Sheriff’s fifty percent (50%) in funding contributed for the
purchase of Bulletproof vests, the total program cost is $34,340.20
4. The grant period is April 1, 2010 through September 30, 2012.
5. A fifty percent (50%) County match is required, which equates to $17,170.10.
6. No additional positions are required.
7. The receipt of the FY 2010 award will be posted in FY 2010 to offset FY 2010 expenses incurred.
FINANCE COMMITTEE
(The vote for this motion appears on page 1117.)
MISCELLANEOUS RESOLUTION #10290
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF'S OFFICE – GRANT YEAR 2010 STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States Department of Justice, Bureau of Justice Assistance awarded Oakland
County expenditure reimbursement funding in the amount of $66,187 for its State Criminal Alien
Assistance Program (SCAAP); and
WHEREAS the funding is reimbursement of Corrections Officers salaries (based on a prescribed formula)
for those officers directly involved in the care and maintenance of alien inmates housed in the Oakland
County Jail; and
WHEREAS Oakland County has met the federal requirements necessary to accept the award; and
WHEREAS the reimbursement period covers July 1, 2008 through June 30, 2009; and
WHEREAS no county match is required; and
WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and
WHEREAS continuation of this program is contingent upon future levels of reimbursement program
funding.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
Grant Year 2010 State Criminal Alien Assistance Program (SCAAP) Reimbursement award in the amount
of $66,187 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute
said agreement as attached.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Sheriff’s Office, Office of Justice Programs BJA – Bureau of Justice
Assistance, Bureau of Justice Assistance State Criminal Alien Assistance Program (SCAAP) on file in
County Clerk’s office.
FISCAL NOTE (MISC. #10290)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – GRANT YEAR 2010 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM
(SCAAP) REIMBURSEMENT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The United States Department of Justice, Bureau of Justice Assistance, awarded the Sheriff’s
Office $66,187 in reimbursement funding for its State Criminal Alien Assistance Program.
2. The reimbursement period for Grant Year 2010 is July 1, 2008, through June 30, 2009.
3. No County match is required.
Commissioners Minutes Continued. November 3, 2010
1114
4. The County anticipated funding in the amount of $82,000, as reflected in the FY 2010 Budget.
However, the grant award is $15,813 less than the budgeted amount.
5. The grant award of $66,187 will be posted in FY 2010 to offset the FY 2010 expenses incurred in
FY 2010.
FINANCE COMMITTEE
(The vote for this motion appears on page 1117.)
REPORT
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL – FINAL REPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the final report of the Oakland County Criminal Justice
Coordinating Council, hereby recommends that the report be adopted.
Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
REPORT
BY: Criminal Justice Coordinating Council, Judge Wendy Potts, Chairperson
IN RE: OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL – FINAL REPORT
To the Oakland County Public Services Committee and Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Oakland County Criminal Justice Coordinating Council, having met its charge pursuant to MR
#05152 and MR #07002, hereby submits its final report to the Oakland County Board of Commissioners.
HISTORY
The Oakland County Criminal Justice Coordinating Council (CJCC) was created by Miscellaneous
Resolution #05152 as the successor entity to the Oakland County Jail Population Task Force. The CJCC
provided a forum for key justice system officials to discuss and develop consensus on policies and
programs that would have an impact on jail overcrowding. Pursuant to the resolution, an 18-member
Board was established with Commissioner Eric Wilson first serving as acting Chairperson. In January,
2006, Chief Judge Wendy Potts was elected as the Chairperson and Commissioner Helaine Zack as Vice
Chair.
Miscellaneous Resolution #05243 added three additional designations to the Council, including one
additional County Executive seat, one additional 52nd District Court seat and one additional non-52nd
district court seat, bringing total Council membership to 21. MR #05152 established a two year term for
members of the CJCC concurrent with that of the Board of Commissioners and allowed for alternate
voting members for specific seats. Membership for 2005-2006 was as follows:
MR #05152 - OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL MEMBERSHIP
Appointing Entity Member Alternate
Oakland County Board of
Commissioners
Commissioner Eric Wilson
(Temporary Chairperson) None Required
Commissioner Helaine Zack
(VICE CHAIRPERSON)
None Required
Commissioner Hugh Crawford None Required
Commissioner Eileen Kowall None Required
Commissioner Mattie Hatchett None Required
Oakland County Circuit Court
Chief Judge Wendy Potts
(CHAIRPERSON) Kevin Oeffner, Court Administrator
Oakland County Board of
Commissioners – Public at Large
Seats Elmeka Allen Ryan Lee Berman
Robin Danko Ryan Lee Berman
Oakland County Sheriff Sheriff Michael Bouchard Ann Russell, Corrections Admin.
Commissioners Minutes Continued. November 3, 2010
1115
Oakland County Prosecuting Attorney
Prosecuting Attorney David
Gorcyca Deb Carley, Chief Deputy
Oakland County Circuit Court Chief Judge Wendy Potts Kevin Oeffner, Court Administrator
Oakland County Community
Corrections Barb Hankey, Manager
Robert Gatt, Chief of Field
Operations
Oakland County Circuit Court
Probation Kenneth Aud, Manager Jim Robertson, Program Manager
Oakland County Executive
County Executive L. Brooks
Patterson Robert Daddow, Deputy
Gerald Poisson, Deputy
Oakland County Corporation Counsel
Judy Cunningham, Corporation
Counsel Karen Agacinski, Counsel
Oakland County Police Chiefs Chief Rollie Gackstetter, Pontiac Chief Jerry Narsh, Lake Orion
52nd District Courts Chief Judge William Bolle, 52-4 Judge Dennis Drury, 52-4
Judge Julie Nicholson, 52-3 Judge Robert Bondy, 52-1
District Court Judges Association -
Oakland County Non-52nd District
Courts Judge Preston Thomas, 50th Judge Michael Martinez, 50th
Judge Marc Barron, 48th Judge Phyllis McMillen, 51st
Oakland County Bar Association-
Criminal Defense Bar Amy Bowen-Krane, Attorney Gerald Gleeson, Attorney
MR #07002 revised the composition of the CJCC to 19 members.
MR #07002 - OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL MEMBERSHIP
Appointing Entity Member Alternate
Oakland County Board of
Commissioners Commissioner Hugh Crawford None Required
Commissioner Sue Ann Douglas None Required
Commissioner Eileen Kowall None Required
Commissioner Helaine Zack
(VICE CHAIRPERSON)
None Required
Commissioner Mattie Hatchett None Required
Oakland County Board of
Commissioners – Public at Large
Seats Donna Posey Anthony Bartolotta
Woodruff Adams Ryan Lee Berman
Oakland County Sheriff Sheriff Michael Bouchard Undersheriff Michael McCabe
Ann Russell, Corrections Admin. Major Chuck Snarey
Oakland County Circuit Court
Chief Judge Wendy Potts
(CHAIRPERSON) Kevin Oeffner, Court Administrator
Judge Steven Andrews Lisa Langton, Deputy Ct. Admin.
Oakland County Community
Corrections Barb Hankey, Manager
Robert Gatt, Chief of Field
Operations
Oakland County Circuit Court
Probation
Kenneth Aud, Manager /
Cheryl Braxton, Manager
Jim Robertson, Program Manager /
Graham Walker, Probation Manger
Oakland County Executive Gerald Poisson, Deputy Robert Daddow, Deputy
Oakland County Corporation
Counsel
Judy Cunningham, Corporation
Counsel Karen Agacinski, Counsel
Oakland County Police Chiefs Chief Rollie Gackstetter, Pontiac Chief Jerry Narsh, Lake Orion
52nd District Courts Chief Judge William Bolle, 52-4 Judge Dennis Drury, 52-4
District Court Judges Association -
Oakland County non-52nd District Judge Richard Kuhn, 51st Judge Robert Turner, 43rd
Commissioners Minutes Continued. November 3, 2010
1116
Courts
Oakland County Bar Association-
Criminal Defense Bar Amy Bowen-Krane, Attorney Gerald Gleeson, Attorney
A 19 member CJCC Board remained in place for 2009-2010.
2009-2010 OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL MEMBERSHIP
Appointing Entity Member Alternate
Oakland County Board of
Commissioners Commissioner Jeff Potter None Required
Commissioner Shelley Taub None Required
Commissioner Kim Capello None Required
Commissioner Helaine Zack
(VICE CHAIRPERSON)
None Required
Commissioner Mattie Hatchett None Required
Oakland County Board of
Commissioners – Public at Large
Seats Travis Reeds Vanessa Rushing
Arthur Makarewicz Matthew Berard
Oakland County Sheriff Sheriff Michael Bouchard Undersheriff Michael McCabe
Ann Russell, Corrections Admin. Major Chuck Snarey
Oakland County Circuit Court
Chief Judge Wendy Potts
(CHAIRPERSON) Kevin Oeffner, Court Administrator
Judge Mark Goldsmith Lisa Langton, Deputy Ct. Admin.
Oakland County Community
Corrections Barb Hankey, Manager
Robert Gatt, Chief of Field
Operations
Oakland County Circuit Court
Probation Cheryl Braxton, Manager Graham Walker, Probation Manger
Oakland County Executive L. Brooks Patterson, Executive Gerald Poisson, Deputy
Oakland County Corporation
Counsel
Judy Cunningham, Corporation
Counsel Karen Agacinski, Counsel
Oakland County Police Chiefs Chief David Molloy, Novi
Chief John McNeilance, Director,
Oak Park Public Safety
52nd District Courts Chief Judge William Bolle, 52-4 Judge Dennis Drury, 52-4
District Court Judges Association -
Oakland County non-52nd District
Courts Judge Richard Kuhn, 51st Judge Robert Turner, 43rd
Oakland County Bar Association-
Criminal Defense Bar Joseph Lavigne, Attorney Gerald Gleeson, Attorney
Bylaws for the CJCC were developed that outlined the mission and function of the CJCC and reinforced
the terms and membership of MR #05152.
An Executive Committee was established pursuant to the Bylaws, to provide strategic leadership in
planning and implementation of the CJCC’s mission and its responsibilities.
A Jail Alternative Subcommittee was created to develop long-term direction on jail alternative programs
and report those recommendations to the CJCC.
A Data Needs Subcommittee was created to review the data needs for justice system stakeholders to
more efficiently move offenders through the jail system.
A Prioritization Subcommittee was established and charged with review of the Jail Population
Management Task Force Report’s Immediate Range, Mid-Range, Mid-Long-Range and Long-Range
recommendations to impact jail overcrowding and to recommend to the CJCC which of those
recommendations to pursue.
Commissioners Minutes Continued. November 3, 2010
1117
A Jail Overcrowding Emergency Act Subcommittee was established to develop proposed amendments to
Public Act 325 of 1982 – County Jail overcrowding State of Emergency Act.
Based on recommendations from these various Subcommittees, the CJCC took action to request
cooperative efforts between Oakland County entities, legislative changes to the Jail Overcrowding Act,
administrative changes to State Court Rules and to request action by the Board of Commissioners to
implement various programs that would meet their charge in addressing jail overcrowding. Those actions
are outlined below.
Joint Administrative Order (March 2006) – Circuit Court and nine of the County’s district courts are
participating to target early release of non-violent offenders who meet eligibility criteria. Those with low
bonds can be released to await disposition and judges retain the right to reject early release of an inmate
under their jurisdiction.
Felony Plea Program – nine district courts and circuit court are participating in a program to allow for
pleas in felony cases to be accepted by district court judges prior to bind over.
Expansion of Alternative to Incarceration Program – places misdemeanor offenders into treatment and
transitional housing facilities in lieu of jail (Funded by Board of Commissioners MR #06095).
Expansion of Life Employment & Skills Program – expanded program to misdemeanant inmates who
receive a 25% sentencing reduction if they successfully complete the program (Funded by Board of
Commissioners MR #06095).
Funding Data Needs – Information Technology projects that enhance the County’s Jail Management
System related to Felony Plea Bind Over, Real-time Judgment of Sentence and other Business
Intelligence reporting needs (Funded by Board of Commissioners MR #06096).
County Jail Overcrowding State of Emergency Act Amendments – (PA 325 of 1982) – proposed
amendments to the Act to the State Legislature. As a result, PA 325 was amended to allow a county to
come up with a jail management plan. If a county does not develop a plan, the default provision of HB
4725 (which ultimately became Public Act 140 of 2007) would go into effect as a pre-emptive provision to
avoid a full scale jail population overcrowding situation. Certain offenders are exempt.
Jail Overcrowding Study – the Sheriff and the County Executive’s Management and Budget Department
are working together to identify the upfront costs of processing inmates into the jail (Adopted by Board of
Commissioners MR #07240).
Pilot Tethering Program – a six-month pilot program established in Circuit Court to target certain eligible
inmates who served at least 50% of their sentence (Funded by Board of Commissioners MR #07226 and
extended by MR #08180).
Expand Tethering Program and Implement Pilot Program for Driving While License Suspended
Population – expansion of the tethering program to include district courts and misdemeanants and to
establish a pilot project for driving while license suspended and operating a vehicle without a license on
one’s possession offenders (Funded by Board of Commissioners MR #08181).
Development of a Pre-Trial Assessment Tool – Community Corrections provided funding for the purpose
of contracting with a qualified vendor to develop an objective pretrial assessment tool to assist district
court judges in setting bail (Funded by Board of Commissioners MR #08157).
On behalf of the Oakland County Criminal Justice Coordinating Council we would like to thank all those
who participated in this important endeavor and will continue to pursue remedies to jail overcrowding
issues as technology continues to improve and other opportunities for collaborative efforts arise.
Chairperson, on behalf of the Oakland County Criminal Justice Coordinating Council, I recommend
acceptance of the foregoing report.
JUDGE WENDY POTTS, CHAIRPERSON
NANCI GRANT, CIRCUIT COURT CHIEF JUDGE
(The vote for this motion appears on page 1117.)
Vote on Consent Agenda:
AYES: Bullard, Burns, Coleman, Douglas, Gershenson, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Woodward,
Zack. (22)
NAYS: None. (0)
Commissioners Minutes Continued. November 3, 2010
1118
Commissioner Middleton stated there were no items to report on the Regular Agenda for the Finance
Committee.
Commissioner Long stated there were no items to report on the Regular Agenda for the General
Government Committee.
Commissioner Douglas stated there were no items to report on the Regular Agenda for the Human
Resources Committee.
MISCELLANEOUS RESOLUTION #10291
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: WATER RESOURCES COMMISSIONER – OAKLAND COUNTY HIGHLAND TOWNSHIP
WELL WATER SUPPLY SYSTEM BOND RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Charter Township of Highland (the “Township”) and the County of Oakland (the “County”)
have entered into the Oakland County Highland Township Well Water Supply System Contract dated as
of October 1, 2009 (the "Contract"), pursuant to the provisions of Act 342, Public Acts of Michigan, 1939,
as amended (“Act 342), and especially Sections 5a, 5b and 5c thereof with respect to the acquisition,
construction, and financing of facilities constituting the Oakland County Highland Township Well Water
Supply System (the "Project"); and
WHEREAS an estimate of the cost of the Project in the amount of $1,200,000 has been prepared and
has been approved by the Board of Commissioners of the County; and
WHEREAS this Board of Commissioners desires to proceed with the acquisition, construction and
financing of the Project and the issuance of Bonds of the County in an aggregate principal amount of not
to exceed $1,200,000 to defray all or part of the cost of the Project.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan as follows:
1. DEFINITIONS Unless the context otherwise requires, the terms defined in this Section 1 shall, for
all purposes of this Bond Resolution and the recitals herein, have the following meanings:
a. “Act 34” means Act No. 34, Public Acts of Michigan, 2001, as amended.
b. “ARRA” means the American Recovery and Reinvestment Act of 2009, being Public Law No.
111-5, 123 Stat. 115 (2009), enacted on February 17, 2009 by the Congress of the United States.
c. “Bond Registrar and Paying Agent” means the bond registrar and paying agent appointed
pursuant to Section 7 hereof.
d. “Bond Resolution” means this resolution, as it may be amended and supplemented from time to
time in accordance with the terms hereof.
e. “Bonds” means the County's Oakland County Highland Township Well Water Supply System
Bonds, Series 2010 authorized by Sections 2 and 3 of this Bond Resolution.
f. “Build America Bonds” means Bonds that meet the definition of a “build America bond” in Section
54AA(d) of the Code and the definition of a “qualified bond” under Section 54AA(g)(2) of the Code
and for which the County will be allowed a Refundable Credit, all as authorized by Section 1531,
Title 1 of Division B of ARRA.
g. “Code” means the Internal Revenue Code of 1986, as amended.
h. “Construction Fund” means the fund described in Section 14 of this Bond Resolution.
i. “County” means the County of Oakland, Michigan.
j. "County Agency" means the Water Resources Commissioner as County Agency pursuant to Act
342.
k. “DTC” means The Depository Trust Company, New York, New York.
l. “Interest Payment Date” means each date or dates set forth in a Sale Order on which interest
shall be payable on the Bonds.
m. “Letter of Representations” means the Blanket Issuer Letter of Representations between the
County and DTC.
n. “Principal and Interest Fund” means the fund established pursuant to Section 13 of this Bond
Resolution.
Commissioners Minutes Continued. November 3, 2010
1119
o. “Recovery Zone Economic Development Bonds” means Build America Bonds that meet the
definition of a “recovery zone economic development bond” in Section 1400U-2 of the Code and
for which the County will be allowed a Refundable Credit, all as authorized by Section 1400U-2 of
the Code.
p. “Redemption Price” means, with respect to any Bond, the principal amount thereof, plus the
applicable premium, if any, payable upon redemption thereof pursuant to this Bond Resolution.
q. “Refundable Credit” means with respect to Recovery Zone Economic Development Bonds, an
amount equal to 45 percent of the interest due on the Recovery Zone Economic Development
Bonds on each Interest Payment Date, to be paid to the County by the United States Department
of Treasury in accordance with Sections 1400U-2 and 6431 of the Code.
r. “Sale Order” means the written order of the County Agency, approving the sale of the Bonds and
making certain determinations regarding the final terms thereof within the parameters of this Bond
Resolution.
s. “Tax-Exempt Bonds” means Bonds the interest on which is excluded from gross income for
federal income tax purposes.
2. AUTHORIZATION OF BONDS – PURPOSE Bonds of the County aggregating the principal sum
of not to exceed One Million Two Hundred Thousand Dollars ($1,200,000) shall be issued and
sold pursuant to the provisions of Act 342, and other applicable statutory provisions, for the
purpose of defraying all or part of the cost of the Project.
3. BOND DETAILS The Bonds shall be designated "Oakland County Highland Township Well Water
Supply System Bonds, Series 2010," shall be dated as of the date approved by the County
Agency; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination
of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for
each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not
exceeding 7% per annum as shall be determined by the County Agency at the time of sale; shall
be payable as to interest on such dates as shall be determined by the County Agency; and shall
be serial bonds and/or term bonds and mature in such amounts, on such dates and in such years
as shall be determined by the County Agency, provided, however, that the final maturity shall not
be later than November 1, 2030.
4. PAYMENT OF PRINCIPAL AND INTEREST The principal of and interest on the Bonds shall be
payable in lawful money of the United States. Principal shall be payable upon presentation and
surrender of the Bonds to the Bond Registrar and Paying Agent as they severally mature.
Interest shall be paid to the registered owner of each Bond as shown on the registration books at
the close of business on the 15th day of the calendar month preceding the month in which the
interest payment is due. Interest shall be paid when due by check or draft drawn upon and
mailed by the Bond Registrar and Paying Agent to the registered owner at the registered address.
5. BOOK-ENTRY SYSTEM If requested by the purchaser, one fully-registered bond for each
maturity, in the aggregate amount of such maturity, shall be initially issued in the name of Cede &
Co., as nominee of DTC for the benefit of other parties (the "Participants") in the book-entry-only
transfer system of DTC. In the event the County determines that it is in the best interest of the
County not to continue the book-entry system of transfer or that the interests of the holders of the
Bonds might be adversely affected if the book-entry system of transfer is continued, the County
may notify DTC and the Bond Registrar and Paying Agent, whereupon DTC will notify the
Participants of the availability through DTC of bond certificates. In such event, the Bond
Registrar and Paying Agent shall deliver, transfer and exchange bond certificates as requested
by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this
Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at
any time by giving notice to the County and the Bond Registrar and Paying Agent and
discharging its responsibilities with respect thereto under applicable law or the County may
determine that DTC is incapable of discharging its duties and may so advise DTC. In either such
event, the County shall use reasonable efforts to locate another securities depository. Under
such circumstances (if there is no successor securities depository), the County and the Bond
Registrar and Paying Agent shall be obligated to deliver bond certificates in accordance with the
procedures established by this Bond Resolution. In the event bond certificates are issued, the
provisions of this Bond Resolution shall apply to, among other things, the transfer and exchange
of such certificates and the method of payment of principal of and interest on such certificates.
Commissioners Minutes Continued. November 3, 2010
1120
Whenever DTC requests the County and the Bond Registrar and Paying Agent to do so, the
County and the Bond Registrar and Paying Agent shall cooperate with DTC in taking appropriate
action after reasonable notice to make available one or more separate certificates evidencing the
Bonds to any Participant having Bonds certified to its DTC account or to arrange for another
securities depository to maintain custody of certificates evidencing the Bonds.
Notwithstanding any other provision of this Bond Resolution to the contrary, so long as any Bond
is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the
principal of, interest on and redemption premium, if any, on such Bonds and all notices with
respect to the Bonds shall be made and given, respectively, to DTC as provided in the Letter of
Representations relating to the Bonds. The County Treasurer and the County Agency are each
authorized to sign the Letter of Representations on behalf of the County, in such form as such
officer deems necessary or appropriate in order to accomplish the issuance of the Bonds in
accordance with law and this Bond Resolution.
6. OPTIONAL MANDATORY AND EXTRAORDINARY REDEMPTION The Bonds shall be subject
to redemption prior to maturity upon such terms and conditions as shall be determined by the
County Agency at the time of sale.
7. BOND REGISTRAR AND PAYING AGENT The County Treasurer shall designate, and may enter
into an agreement with, a Bond Registrar and Paying Agent for the Bonds which shall be a bank
or trust company located in the State of Michigan which is qualified to act in such capacity under
the laws of the United States of America or the State of Michigan. The County Treasurer from
time to time as required may designate a similarly qualified successor bond registrar and paying
agent.
8. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS The Bonds shall be executed in
the name of the County by the facsimile signatures of the Chairperson of the Board of
Commissioners and the County Clerk and authenticated by the manual signature of an authorized
representative of the Bond Registrar and Paying Agent, and the seal of the County (or a facsimile
thereof) shall be impressed or imprinted on the Bonds. After the Bonds have been executed and
authenticated for delivery to the original purchaser thereof, they shall be delivered by the County
Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the
facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and
upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be
delivered to the Bond Registrar and Paying Agent for authentication and delivery in connection
with the exchange or transfer of Bonds. The Bond Registrar and Paying Agent shall indicate on
each Bond the date of its authentication.
9. EXCHANGE AND TRANSFER OF BONDS Any Bond, upon surrender thereof to the Bond
Registrar and Paying Agent with a written instrument of transfer satisfactory to the Bond Registrar
and Paying Agent duly executed by the registered owner or his duly authorized attorney, at the
option of the registered owner thereof, may be exchanged for Bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and bearing the same
rate of interest as the surrendered Bond.
Each Bond shall be transferable only upon the books of the County, which shall be kept for that
purpose by the Bond Registrar and Paying Agent, upon surrender of such Bond together with a
written instrument of transfer satisfactory to the Bond Registrar and Paying Agent duly executed
by the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the Bond Registrar and Paying Agent on behalf of
the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee
a new bond or bonds of any authorized denomination of the same aggregate principal amount
and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time
the Bond Registrar and Paying Agent authenticates and delivers a new bond pursuant to this
section, payment of interest on the Bonds is in default, the Bond Registrar and Paying Agent shall
endorse upon the new bond the following: "Payment of interest on this bond is in default. The
last date to which interest has been paid is [insert applicable date]."
The County and the Bond Registrar and Paying Agent may deem and treat the person in whose
name any Bond shall be registered upon the books of the County as the absolute owner of such
Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of the
principal of and interest on such Bond and for all other purposes, and all payments made to any
Commissioners Minutes Continued. November 3, 2010
1121
such registered owner, or upon his order, in accordance with the provisions of Section 4 of this
Bond Resolution shall be valid and effectual to satisfy and discharge the liability upon such Bond
to the extent of the sum or sums so paid, and neither the County nor the Bond Registrar and
Paying Agent shall be affected by any notice to the contrary. The County agrees to indemnify and
save the Bond Registrar and Paying Agent harmless from and against any and all loss, cost,
charge, expense, judgment or liability incurred by it, acting in good faith and without negligence
hereunder, in so treating such registered owner.
For every exchange or transfer of Bonds, the County or the Bond Registrar and Paying Agent
may make a charge sufficient to reimburse it for any tax, fee or other governmental charge
required to be paid with respect to such exchange or transfer, which sum or sums shall be paid
by the person requesting such exchange or transfer as a condition precedent to the exercise of
the privilege of making such exchange or transfer.
The Bond Registrar and Paying Agent shall not be required to transfer or exchange Bonds or
portions of Bonds which have been selected for redemption.
10. FORM OF BONDS The Bonds shall be in substantially the following form, with such additions,
deletions and modifications as are approved by the County Agency and consistent with the terms
of this Bond Resolution:
[FORM OF BOND]
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY HIGHLAND TOWNSHIP WELL
WATER SUPPLY SYSTEM BOND, SERIES 2010
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
Registered Owner:
Principal Amount:
The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to and for
value received hereby promises to pay to the Registered Owner identified above, or registered
assigns, the Principal Amount set forth above on the Maturity Date specified above, unless
redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at
____________________________________________ in the city of _______________,
Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on
the registration books at the close of business on the 15th day of the calendar month preceding
the month in which an interest payment is due, by check or draft drawn upon and mailed by the
bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at
the registered address, interest on such Principal Amount from the Date of Original Issue or such
later date through which interest shall have been paid until the County's obligation with respect to
the payment of such Principal Amount is discharged at the rate per annum specified above.
Interest is payable on the first day of _________ and ________ in each year, commencing
____________ 1, 20_ _. Principal and interest are payable in lawful money of the United States
of America. Interest shall be computed on the basis of a 360 day year of twelve 30-day months.
This bond is one of a series of bonds aggregating the principal sum of
_______________________________ Dollars ($_________) issued by the County under and
pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act
No. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the
Board of Commissioners of the County (the "Resolution") for the purpose of defraying part of the
cost of acquiring and constructing water supply system facilities to serve the County and the
Charter Township of Highland (the “Township”). The bonds of this series are issued in
anticipation of payments to be made by the Township, in the aggregate principal amount of
___________________________ Dollars ($________), pursuant to a contract between the
Commissioners Minutes Continued. November 3, 2010
1122
County and the Township. The full faith and credit of the Township have been pledged to the
prompt payment of the foregoing amount and the interest thereon as the same become due. As
additional security the full faith and credit of the County have been pledged for the prompt
payment of the principal of and interest on the bonds of this series. Taxes levied by the Township
and the County to pay the principal of and interest on the bonds of this series are subject to
constitutional and statutory tax limitations.
This bond is transferable, as provided in the Resolution, only upon the books of the County kept
for that purpose by the bond registrar and paying agent, upon the surrender of this bond together
with a written instrument of transfer satisfactory to the bond registrar and paying agent duly
executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange
or transfer of this bond a new bond or bonds of any authorized denomination, in the same
aggregate principal amount and of the same interest rate and maturity, shall be authenticated and
delivered to the transferee in exchange therefore as provided in the Resolution, and upon
payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in
the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal
amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
MANDATORY PRIOR REDEMPTION
Bonds maturing in the year ____ are subject to mandatory prior redemption at par and accrued
interest as follows:
Redemption Date Principal Amount of
Bonds to be Redeemed
Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot.
(REPEAT IF MORE THAN ONE TERM BOND)
OPTIONAL PRIOR REDEMPTION
Bonds maturing prior to ________ 1, 20_ _, are not subject to redemption prior to maturity.
Bonds maturing on and after ________ 1, 20__, are subject to redemption prior to maturity at the
option of the County, in such order as shall be determined by the County, on any one or more
interest payment dates on and after ________ 1, 20_ _. Bonds of a denomination greater than
$5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less
than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to
be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or
portion of the bond called to be redeemed plus interest to the date fixed for redemption and a
premium as follows:
__% of the par value of each bond called for redemption on or after ________ 1,
200_, but prior to ________ 1, 20_ _;
__% of the par value of each bond called for redemption on or after ________ 1,
200_, but prior to ________ 1, 20_ _;
No premium if called for redemption on or after ________ 1, 20_ _.
Not less than thirty days' nor more than sixty days' notice of redemption shall be given to the
holders of bonds called to be redeemed by mail to the registered holder at the registered address.
Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for
redemption, provided funds are on hand with the bond registrar and paying agent to redeem the
same.
Commissioners Minutes Continued. November 3, 2010
1123
It is hereby certified, recited and declared that all acts, conditions and things required to exist,
happen and be performed precedent to and in the issuance of the bonds of this series, existed,
have happened and have been performed in due time, form and manner as required by law, and
that the total indebtedness of the County, including the series of bonds of which this bond is one,
does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused
this bond to be executed in its name by facsimile signatures of the Chairperson of the Board of
Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or
imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually
executed by an authorized representative of the bond registrar and paying agent.
COUNTY OF OAKLAND
By:
Chairperson, Board of Commissioners
[SEAL]
And:
County Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolution.
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________________
(please print or type name, address and taxpayer identification number of transferee) the within bond and
all rights there under and hereby irrevocably constitutes and appoints
______________________________________________________________________________
attorney to transfer the within bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated: ____________________ __________________________________________
Signature Guaranteed: __________________________________________
Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities
Transfer Association recognized signature guarantee program.
[END OF BOND FORM]
11. SECURITY The Bonds shall be issued in anticipation of payments to be made by the Township
pursuant to the Contract. The Bonds shall be secured primarily by the full faith and credit pledge
made by the Township in the Contract pursuant to the authorization contained in Act 342, and, if
all or any part of the Bonds are designated as Recovery Zone Economic Development Bonds, the
Refundable Credit related to such Bonds. As additional and secondary security the full faith and
credit of the County are pledged for the prompt payment of the principal of and interest on the
Bonds as the same shall become due. If the Township shall fail to make a payment to the County
which is sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same
shall become due, then an amount sufficient to pay the deficiency shall be advanced from the
general fund of the County. Taxes imposed by the County shall be subject to constitutional and
statutory limitations.
Commissioners Minutes Continued. November 3, 2010
1124
12. DEFEASANCE In the event cash or direct obligations of the United States or obligations the
principal of and interest on which are guaranteed by the United States, or a combination thereof,
the principal of and interest on which, without reinvestment, come due at times and in amounts
sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of,
premium, if any, and interest on the Bonds, or any portion thereof, shall have been deposited in
trust, this Resolution shall be defeased with respect to such Bonds, and the owners of the Bonds
shall have no further rights under this Bond Resolution except to receive payment of the principal
of, premium, if any, and interest on such Bonds from the cash or securities deposited in trust and
the interest and gains thereon and to transfer and exchange Bonds as provided herein.
13. PRINCIPAL AND INTEREST FUND. There shall be established for the Bonds a Principal and
Interest Fund which shall be kept in a separate bank account, provided, however, that such
Principal and Interest Fund may be pooled or combined for deposit or investment purposes with
other debt retirement funds created for non voted debt of the County (other than any special
assessment debt). From the proceeds of the sale of the Bonds there shall be set aside in the
Principal and Interest Fund such premium as determined by the County Agency and accrued
interest received from the purchaser of the Bonds at the time of delivery of the same. All
payments received from the Township pursuant to the Contract are pledged for payment of the
principal of and interest on the Bonds and expenses incidental thereto and as received shall be
placed in the Principal and Interest Fund.
14. CONSTRUCTION FUND The remainder of the proceeds of the sale of the Bonds shall be set
aside in a construction fund for the Project and used to defray the cost of the Project in
accordance with the provisions of the Contract.
15. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY – EXCEPTION FROM PRIOR
APPROVAL The issuance and sale of the Bonds shall be subject to the County obtaining
qualified status or prior approval from the Department of Treasury of the State of Michigan
pursuant to Act 34 and, if necessary, the County Treasurer and County Agency are each hereby
authorized and directed to make application to the Department of Treasury for approval to issue
and sell the Bonds as provided by the terms of this Bond Resolution and by Act 34. The County
Treasurer and County Agency are authorized to pay any filing fees required in connection with
obtaining qualified status or prior approval from the Department of Treasury. The County
Treasurer and County Agency are further authorized to request such waivers of the requirements
of the Department of Treasury or Act 34 as necessary or desirable in connection with the sale of
the Bonds.
16. SALE ISSUANCE DELIVERY TRANSFER AND EXCHANGE OF BONDS (a) The County Agency
shall determine the principal amount of the Bonds to be sold and shall determine the other bond
details as described in Sections 3 and 6 hereof and any premium to be set aside in the Principal
and Interest Fund as described in Section 13 hereof. In addition, in order to save the cost of
publication of an Official Notice of Sale and enable the Bonds to be issued as Recovery Zone
Economic Development Bonds, the County hereby determines that it will sell the Bonds at a
negotiated sale after solicitation of interest from prospective purchasers by its financial
consultant, ACI Finance, Inc. (the "Financial Consultant"). The Financial Consultant is authorized
to solicit interest from not less than 10 financial institutions and to circulate a solicitation of
interest at least seven days prior to the date fixed for receipt of responses to the solicitation. The
Financial Consultant is hereby designated to act for and on behalf of the County to receive
responses for the purchase of the Bonds and to take all other steps necessary in connection with
the sale and delivery thereof. The actions taken by the Financial Consultant and the County
Agency in connection with the solicitation of interest to the date of adoption of this Bond
Resolution are hereby ratified and confirmed. The Sale Order shall be executed by the County
Agency at the time of the sale of the Bonds and shall set forth the principal amount, principal
maturities and payment dates, interest rates and Interest Payment Dates, and redemption
Commissioners Minutes Continued. November 3, 2010
1125
provisions, if any, with respect to the Bonds, the purchase price to be paid by the purchaser,
compensation to be paid to the purchaser, if any, and designation as Tax-Exempt Bonds and/or
Recovery Zone Economic Development Bonds, as the case may be, as well as such other
provisions as the County Agency determines to be necessary or appropriate in connection with
the sale of the Bonds. In making the determination in the Sale Order with respect to principal
maturities and dates, redemption provisions, purchase price of the Bonds, compensation to be
paid to the Underwriter, if any, and designation of the Bonds as either Tax-Exempt Bonds or
Recovery Zone Economic Development Bonds, or some combination thereof, the County Agency
shall be limited as follows:
(1) The interest rate on any Tax-Exempt Bonds shall not exceed 7% per annum and on
any Recovery Zone Economic Development Bonds shall not exceed 9% per annum.
(2) The final maturity date of the Bonds shall be no later than November 1, 2030.
(3) The purchase price of the Bonds shall not be less than 98.5% of the principal amount
thereof.
(4) The County Agency is authorized to designate all or any part of the Bonds as
Recovery Zone Economic Development Bonds, as provided in Sections 54AA and
1400U-2 of the Code, if he determines that such designation is economic and in the
best interests of the County.
(b) 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 effectuate the sale,
issuance, delivery, transfer and exchange of the Bonds in accordance with the provisions of this
Bond Resolution.
REPLACEMENT OF BONDS Upon receipt by the County Treasurer of proof of ownership of an
unmatured bond, of satisfactory evidence that the bond has been lost, apparently destroyed
or wrongfully taken and of security or indemnity which complies with applicable law and is
satisfactory to the County Treasurer, the County Treasurer may authorize the Bond Registrar
and Paying Agent to deliver a new executed bond to replace the bond lost, apparently
destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding
matured bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may
authorize the Bond Registrar and Paying Agent to pay the bond without presentation upon
the receipt of the same documentation required for the delivery of a replacement bond. The
Bond Registrar and Paying Agent, for each new bond delivered or paid without presentation
as provided above, shall require the payment of expenses, including counsel fees, which may
be incurred by the Bond Registrar and Paying Agent and the County in the premises. Any
bond delivered pursuant the provisions of this Section 17 in lieu of any bond lost, apparently
destroyed or wrongfully taken shall be of the same form and tenor and be secured in the
same manner as the bond in substitution for which such bond was delivered.
OFFICIAL STATEMENT The County Agency and the County Treasurer are each authorized to
cause the preparation of an official statement for the Bonds for the purpose of enabling
compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as
amended (the "Rule") and to do all other things necessary to enable compliance with the
Rule. After the award of the Bonds, the County will provide copies of a "final official
statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable
quantity as requested by the successful bidder or bidders to enable such bidder or bidders to
comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities
Rulemaking Board.
CONTINUING DISCLOSURE The County Treasurer is authorized to execute a certificate of the
County, constituting an undertaking to provide ongoing disclosure about the County for the
benefit of the holders of the Bonds as required under paragraph (b)(5) of the Rule, and
amendments to such certificate from time to time in accordance with the terms of the
certificate (the certificate and any amendments thereto are collectively referred to herein as
Commissioners Minutes Continued. November 3, 2010
1126
the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate.
TAX COVENANT (a) The County covenants to comply with all requirements of the Code
necessary to assure that the interest on the Tax-Exempt Bonds, if any, will be and will remain
excludable from gross income for federal income tax purposes. The County Agency, the
County Treasurer and other appropriate County officials are authorized to do all things
necessary to assure that the interest on the Tax-Exempt Bonds, if any, will be and will remain
excludable from gross income for federal income tax purposes.
(b) The County Agency and the County Treasurer are each authorized to make any tax covenants on
behalf of the County in connection with the issuance of Recovery Zone Economic Development Bonds, if
any, that are determined to be in the best interests of the County and necessary for the County to receive
any Refundable Credit related to such Bonds. The County Agency, the County Treasurer and other
appropriate County officials are authorized to do all things necessary to assure compliance with any such
covenants.
REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE If the County Agency shall determine
that it is not necessary to sell Bonds in the principal amount stated in Section 2 of this Bond
Resolution, the County Agency by written order may reduce the principal amount of Bonds to
be sold to that amount deemed necessary.
CONFLICTING RESOLUTIONS All resolutions and parts of resolutions insofar as they may be in
conflict herewith are hereby rescinded.
Chairperson, on behalf of the Planning & Building Committee, I move adoption of the foregoing resolution.
JOHN SCOTT
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #10292
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF
LEASE AGREEMENT WITH THE ROAD COMMISSION FOR OAKLAND COUNTY - TRAFFIC
INFORMATION CENTER LOCATED IN THE INFORMATION TECHNOLOGY BUILDING
To the Oakland County Board of Commissioners
Chairperson Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution No. 07020 of March 22, 2007, the Oakland County
Board of Commissioners approved a second lease agreement between the County of Oakland and the
Road Commission for Oakland County for use of approximately 6,540-sf of office space in the basement
of the Information Technology building for use as a Traffic Operations Center; and
WHEREAS said lease will expire on July 31, 2011; and
WHEREAS the Road Commission for Oakland County has requested that a new lease for an additional two
year term be entered into by the parties; and
WHEREAS the Department of Facilities Management, with the assistance of Corporation Counsel, has
negotiated the terms and conditions of the attached new Lease with representatives of the Road
Commission for Oakland County; and
WHEREAS pursuant to the terms and conditions of said Lease the agreement provides for the continued
use of approximately 6,540-sf of office space in the basement of the Information Technology building from
August 1, 2011 until July 31, 2013 at the rate of $14.36 per square foot with annual increases or
decreases (based on County operation and maintenance costs). The Road Commission will continue to
operate its Traffic Operations Center, utilize the IT computer room, training rooms, radio tower and fiber
optic lines. Oakland County will continue to provide general maintenance of the building, janitorial
services and utilities.
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Lease agreement and recommend its approval.
Commissioners Minutes Continued. November 3, 2010
1127
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease agreement between the County of Oakland and the Road Commission
for Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease agreement and all other related documents
which may be required between the County of Oakland and the Road Commission for Oakland County.
Chairperson on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Lease Agreement between County of Oakland, A Michigan Municipal and Constitution Corporation
Road Commission for Oakland County, A Public Body Corporate on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #10293
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: PROSECUTING ATTORNEY - REVISIONS OF THE FY 2011, FY 2012, AND FY 2013
BUDGETS AND RELATED POSITION CHANGES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Executive assigned departmental budget tasks and declared a triennial
budget plan for fiscal years 2011, 2012 and 2013; and
WHEREAS the Prosecuting Attorney was assigned a FY 2011, 2012, and 2013 Budget Task; and
WHEREAS the Prosecuting Attorney’s budget task included the deletion of certain positions, expenditure
reductions and revenue increases; and
WHEREAS the Prosecuting Attorney’s Office has revised its FY 2011, 2012, and 2013 budget task plan
due to a reduction of revenue activity; and
WHEREAS the revisions include deletion of one (1) vacant GF/GP full-time eligible (FTE) Victim Advocate
position in the Litigation division (4010201-07182), deletion of one (1) GF/GP FTE Victim Services
Supervisor position in the Administration division (4010101-08090), creation of a new classification of
Victim Rights Supervisor at salary grade 10 (non-exempt overtime), and reclassification of one (1) Victim
Rights Leader position in the Administration division (4010101-05784) to a Victim Rights Supervisor.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
following position changes in the Prosecuting Attorney Department:
1. To delete two full-time eligible GFGP positions:
Dept/Position Number Position Title Location
4010201-07182 Victim Advocate Litigation/Domestic Violence
4010101-08090 Victim Services Supv. Admin/Victim Services
2. To create a new classification of Victim Rights Supervisor at salary grade 10 and non-exempt
overtime.
3. To upwardly reclassify one Victim Rights Leader (grade 9) position 4010101-05784 to Victim
Rights Supervisor (grade 10).
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
Copy of Request, Board/Committee Action, Proposed Funding, Overview, County Executive
Recommendation, Pertinent Salaries 2011 and Salary and Fringe Benefit Costs and Savings on file in
County Clerk’s office.
The Chairperson referred the resolution to the Human Resources Committee and Finance Committee.
There were no objections.
Commissioners Minutes Continued. November 3, 2010
1128
MISCELLANEOUS RESOLUTION #10294
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF'S OFFICE – ESTABLISHMENT OF JAIL BOARDING FEES – JANUARY 1, 2011
THROUGH DECEMBER 31, 2011
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #09258, the Oakland County Board of Commissioners
established daily jail boarding fee rates of $105.26 for 2010; and
WHEREAS by adoption of Miscellaneous Resolution #09258, the Board of Commissioners also continued
the policy of not charging a daily jail boarding fee rate for the period 2010 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 2011 have been established by the
attached schedule.
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 $110.21 per
day for 2011.
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, 2011 through December 31, 2011.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Personnel Salaries Fringes Subtotal, 2011 Budget, Number of Inmates, Cost Per Inmate, and
Cost Per Day on file in County Clerk’s office
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #10295
BY: Jim Runestad, Chairman, Public Services Committee
IN RE: SHERIFF'S OFFICE - CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF
PONTIAC
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
Department to enter into contracts with Townships, Villages and Cities for the purpose of providing Sheriff
patrol services; and
WHEREAS the Board of Commissioners is currently reviewing the standard law enforcement services
rates for the period January 1, 2011 to December 31, 2011; and
WHEREAS the City of Pontiac, through the Emergency Financial Manager, has requested that the
Oakland County Sheriff provide patrol services to the citizens of the City; and
WHEREAS the City of Pontiac has requested that a contract for one (1) Captain, two (2) Lieutenants, one
(1) Detective Sergeant, six (6) Patrol Sergeants, ten (10) Patrol Investigators and fifty-four (54) Deputy II
(no-fill) be created; and
WHEREAS the Sheriff has agreed to contract for one (1) Captain, two (2) Lieutenants, one (1) Detective
Sergeant, six (6) Patrol Sergeants, ten (10) Patrol Investigators and fifty-four (54) Deputy II (no-fill); and
WHEREAS the Sheriff is requesting six (6) additional Dispatch Specialists (dispatcher) for the
Communications Unit with the costs being paid by the community that contracts for Sheriff Patrol Services
(see attached schedule A).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached contract with the City of Pontiac for one (1) Captain, two (2) Lieutenants, one (1) Detective
Sergeant, six (6) Patrol Sergeants, ten (10) Patrol Investigators and fifty-four (54) Deputy II (no-fill).
BE IT FURTHER RESOLVED that one (1) GF/GP Captain, two (2) GF/GP Lieutenants, seven (7) GF/GP
Sergeants, and sixty-four (64) GF/GP Deputy II position’s be created in the Contracted Patrol Unit, Patrol
Services Division of the Sheriff's Office.
BE IT FURTHER RESOLVED that twelve (12) unmarked vehicles and twenty-two (22) patrol vehicles with
Video Cameras and MDC’s, 34 mobile radios, and 34 prep radios be added to the County Fleet
Commissioners Minutes Continued. November 3, 2010
1129
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the creation of
six (6) GF/GP Dispatch Specialists in the Communications Unit, Emergency Response and Preparedness
Division, of the Sheriff’s Office.
BE IT FURTHER RESOLVED that this contract will take effect on January 1, 2011.
Chairperson, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement with City of Pontiac
on file in County Clerk’s office.
The Chairperson referred the resolution to the Human Resources Committee and Finance Committee.
There were no objections.
MISCELLANEOUS RESOLUTION 10296
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CITY OF
PONTIAC FOR 2011 - 2012
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 contractual agreements for the purpose of Police and Fire Dispatch services; and
WHEREAS the City of Pontiac through the Emergency Financial Manager has requested that the Sheriff’s
Office dispatch fire calls for the City of Pontiac Fire Department; and
WHEREAS the Sheriff’s Office, along with the Department of Management & Budget, is recommending
dispatching services per the attached contract between the County of Oakland and City of Pontiac; and
WHEREAS Corporation Counsel has approved the attached contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board to enter into the attached Fire Dispatch Agreement with the City of Pontiac.
BE IT FURTHER RESOLVED that four (4) GF/GP Dispatch Specialists positions be created in the Sheriff
Emergency Response & Preparedness Division, Communications Unit.
BE IT FURTHER RESOLVED that these positions are contingent upon renewal of the attached
agreement.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Draft Fire Dispatch Service Agreement between the County of Oakland and The City of Pontiac
on file in County Clerk’s office.
The Chairperson referred the resolution to the Human Resources Committee and Finance Committee.
There were no objections.
MISCELLANEOUS RESOLUTION # 10297
BY: Commissioners Eric Coleman, District #23; Mattie M. Hatchett, District #10; and Janet Jackson,
District #21
IN RE: BOARD OF COMMISSIONERS – MINORITY AND WOMEN BUSINESS ENTERPRISES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County seeks opportunities to expand and enhance services to county residents
through the solicitation of state and federal grants; and
WHEREAS many of the grants contain language which requires adherence to Equal Opportunity
Requirements; and
WHEREAS federal grants, in general, and the U.S. Department of Housing and Urban Affairs (HUD), in
particular, provide that grantee’s must make efforts to encourage the use of minority and women business
enterprises in connection with grant funded activities; and
Commissioners Minutes Continued. November 3, 2010
1130
WHEREAS federal requirements under 24 CFR Part 85.36(e) further describes the actions to be taken by
a grantees to assure that minority business enterprises and women business enterprises are used when
possible in the procurement of property and services; and
WHEREAS federal grants which require that economic opportunities generated by certain HUD financial
assistance shall, to the greatest extent feasible, be given to low and very low-income persons and to
businesses that provide economic opportunities for these persons; and
WHEREAS in order to comply with federal grants, grantees are also required to maintain records of its
efforts to comply with the equal opportunities, minority business enterprises and women business
enterprises requirements; and
WHEREAS according to the Michigan Department of Civil Rights, the enactment of Proposal 2 does not
eliminate all affirmative action and affirmative action programs but only those that grant
Preferential treatment based on race, sex, color, ethnicity, and national origin in the operation of public
employment, public education, and public contracting; and
WHEREAS Proposal 2 does not apply to any government institution that received any federal funding at
the time of its adoption, or which planed to establish a program that would make it eligible to receive
federal funding in the future, if the federal appropriation had affirmative action requirements attached to it;
and
WHEREAS the approval of the Oakland County Board of Commissioners is required for the acceptance
of any federal grants; and
WHEREAS the Oakland County Board of Commissioners should be kept apprised of any and all efforts
on behalf of Oakland County relative to plans, efforts and outcomes intended towards encouraging the
use of minority and women business enterprises, particularly in connection with grant funded activities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby
proclaim its support for seeking and accepting federal grants and requests all county elected officials and
departments to encourage the use of minority and women business enterprises in connection with grant
funded activities, when possible in procurement of property and services.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the County
Executive Administration provide an annual report to the Board of Commissioners relative to the plans,
efforts and outcomes achieved through encouraging the use of minority and women business enterprises,
especially in connection with grant funded activities.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Executive, Oakland County Clerk/Register of Deeds, Oakland
County Treasurer, Oakland County Prosecuting Attorney, Oakland County Sheriff, Oakland County Water
Resources Commissioner, Road Commission for Oakland County, Oakland County Parks and Recreation
Commission and Oakland County’s Department of Management and Budget.
Chairperson, we move the adoption of the foregoing resolution.
ERIC COLEMAN, MATTIE HATCHETT,
JANET JACKSON, DAVE WOODWARD,
MARCIA GERSHENSON, GARY
McGILLIVRAY, JIM NASH, DAVID COULTER,
HELAINE ZACK, TIM BURNS, SUE ANN
DOUGLAS, DAVID POTTS
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION # 10298
BY: Commissioner Eric Coleman, District #23
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY RE-AFFIRMATION AND
IMPLEMENTATION OF THE POLICY TO BAN THE PURCHASE AND USE OF STYROFOAM
(POLYSTYRENE FOAM) IN OAKLAND COUNTY FACILITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland has a duty to protect the natural environment, the economy, and the
health of its citizens; and
WHEREAS effective ways to reduce the negative environmental impacts is to use compostable and
biodegradable materials made from renewable resources; and
Commissioners Minutes Continued. November 3, 2010
1131
WHEREAS polystyrene foam (Styrofoam) is a common environmental pollutant, as well as, a non-
biodegradable substance that is commonly used; and
WHEREAS the Oakland County Board of Commissioners unanimously adopted Miscellaneous
Resolution #89236 to “institute a policy to prohibit the purchasing of styrofoam products by the
departments of Oakland County government and does direct that the County Executive instruct the
Director of Management and Budget to have the Purchasing Department develop a policy for submission
to, and approval of, the Board of Commissioners which limits the use of colored paper; use of 8.5x14
paper; and prohibits the purchase of Styrofoam and non-biodegradable, non-recyclable and kindred
products wherever an environmental safer substitute can be obtained”; and
WHEREAS there continues to be no meaningful recycling of polystyrene foam food service ware, and
biodegradable or compostable food service ware is an affordable, safe, more ecologically-sound
alternative; and
WHEREAS the natural compost product from biodegradable or compostable materials is used as fertilizer
for farms and gardens, thereby moving towards a healthier zero waste system; and
WHEREAS polystyrene foam is notorious as a pollutant that breaks down into smaller, non-biodegradable
pieces that are ingested by marine life and other wildlife, thus harming or killing them; and
WHEREAS due to the physical properties of polystyrene, the EPA states “that such materials can also
have serious impacts on human health, wildlife, the aquatic environment and the economy;” and
WHEREAS styrene, a component of polystyrene, is a known hazardous substance that medical evidence
and the Food and Drug Administration suggests leaches from polystyrene containers into food and drink;
and
WHEREAS styrene is a suspected carcinogen and neurotoxin which potentially threatens human health;
and
WHEREAS due to these concerns, nearly 100 cities have banned polystyrene foam food service ware.
Many businesses and national corporations have successfully replaced polystyrene foam and other non-
biodegradable food service ware with affordable, safe, biodegradable products; and
WHEREAS restricting the use of polystyrene foam food service ware products and replacing non-
biodegradable food service ware with biodegradable food service ware products will further protect the
public health and safety of the residents and employees of Oakland County, the natural environment,
waterways and wildlife.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
recognizes that it has a duty to protect the natural environment, the economy, and the health of its
citizens and re-affirms the ban on the purchase and use of polystyrene foam food service products in
Oakland County facilities by departments, vendors or concessionaires–when products made of
returnable, biodegradable, recyclable and degradable materials are available.
BE IT FURTHER RESOLVED that the Oakland County Executive’s administration is requested to
establish and enforce a purchasing provision to prohibit the purchase of polystyrene foam (Styrofoam)
products, as well as, the use of polystyrene foam products by vendors or concessionaires in Oakland
County facilities, effective January 1, 2011.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Executive, Oakland County Department of Management &
Budget, Oakland County Purchasing Division, Oakland County Parks and Recreation Commission, Kosch
Catering, Oakland County Health Division and the Michigan Association of Counties.
Chairperson, we move the adoption of the foregoing Resolution.
ERIC COLEMAN, DAVE WOODWARD, GARY
McGILLIVRAY, JIM NASH, DAVID COULTER,
TIM BURNS,MARCIA GERSHENSON, JANET
JACKSON, HELAINE ZACK, SUE ANN
DOUGLAS, DAVID POTTS
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Commissioners Minutes Continued. November 3, 2010
1132
MISCELLANEOUS RESOLUTION #10299
BY: Commissioner Shelley G. Taub, District #16
IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO CHANGES IN COUNTY LIBRARY ACT,
PUBLIC ACT 138 OF 1917
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Counties Library Act, Public Act 138 of 1917 [MCL 397.301 et seq.] authorizes the county
board of supervisors/commissioners to contract for library services; and
WHEREAS the Michigan Public Library Cooperative Directors Association has submitted proposals to
update some of the language of this statute and to minimize the role of the county in the administration of
county libraries; and
WHEREAS the Oakland County Library Board and Administration have indicated their opposition to the
proposed changes; and
WHEREAS proposed changes to the Counties Library Act which will have a negative impact on the
residents of Oakland County and usurps the ability of the county board of commissioners, as the duly
elected body of the citizens of the county, from exercising budgetary oversight over a county resource –
the county library. Specific language which is opposed includes the following:
MCL 397.302, Section 2(1). In counties with populations exceeding one (1) million, deletes the
superintendent of the intermediate school district from serving on the county library board.
MCL 397.302, Section 2(2). County commissioners serving on a library board may not be reappointed
to the library board.
MCL 397.302, Section 2(3). Upon request from the county library board, the county board of
commissioners is required to expand the library from five (5) to seven (7) appointed members.
MCL 397.302, Section 2(5). All library board members shall serve until the appointment and
qualification of a successor.
MCL 397.302, Section 2(6). Any library board member shall not be removed except by the governor
as empowered through the State Constitution.
MCL 397.302, Section 2(7). Provides that the library board may determine whether to compensate its
board members for each board meeting, committee meeting or for the reimbursement of necessary
expenses incurred in the performance of official duties.
MCL 397.303, Section 3(1). The library board shall have the power to place before the voters a
question for increasing and/or renewing the library mileage.
MCL 397.304, Section 4(1). Establishes the Library Fund, with the library board having exclusive
control of the expenditures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby
oppose the proposed changes to the County Library Act, Public Act 138 of 1917 [MCL 397.301 et seq.] as
proposed by the Michigan Public Library Cooperative Directors Association which: impede the ability of
county commissioners to continue serving on library boards; calls into question the constitutionality of
empowering an appointed board to place a mileage request on a ballot; eliminates the Superintendent of
the Intermediate School District position from library boards; only authorizes the removal of board
members to be initiated by the governor; enables the removal of library funds from the county treasury;
empowers library boards to set compensation for employees; and enables the library boards to fill vacant
positions on the board.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Michigan
Legislature to vote in opposition of these proposed changes to the County Library Act.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Michigan Public Library Cooperative Directors Association, the Oakland County
Library Board, Michigan Association of Counties, Superintendent of Oakland Intermediate School District,
the Library of Michigan Board of Trustees, Oakland County’s delegation to the Michigan legislature and
Oakland Counties Legislative Lobbyists. .
Chairperson, we move the adoption of the foregoing resolution.
SHELLEY TAUB, THOMAS MIDDLTEON,
CHRISTINE LONG, BRADFORD JACOBSEN,
ROBERT GOSSELIN, MICHAEL GINELL,
DAVID POTTS
Commissioners Minutes Continued. November 3, 2010
1133
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 7:20 p.m. to the call of the Chair or November 18, 2010, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson