HomeMy WebLinkAboutMinutes - 2013.04.17 - 7894145
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
April 17, 2013
Meeting called to order by Chairperson Michael Gingell at 7:10 p.m. in the Courthouse Auditorium, 1200
N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward,
Zack. (20) EXCUSED ABSENCE WITH NOTICE: Hatchett. (1)
Quorum present.
Invocation given by Shelley Taub
Pledge of Allegiance to the Flag.
Moved by Spisz supported by McGillivray the minutes of the March 21, 2013 Board Meeting be approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Taub supported by Gershenson the agenda be amended, as follows:
ITEMS NOT ON BOARD AGENDA HUMAN RESOURCES COMMITTEE
a. Health and Human Services Department/Health Division – Increase Pay Rate of Chief – Health Division Medical Services Classification
(Reason for Suspension Waiver of Rule III – Resolution was taken up by Human Resources Committee immediately prior to today’s meeting. (Fiscal note was taken up by Finance on April 11, 2013.))
PUBLIC SERVICES COMMITTEE
c. Public Services Department – Medical Examiner’s Office Position Deletion and Creation (Reason for Suspension Waiver of Rule III – Resolution was taken up by Public Services Committee at its
regular April 9, 2013 meeting, but was inadvertently left off the April 17, 2013 Board Agenda. A motion will be made to amend the Board Agenda to add the item to the Regular Agenda (for referral to the Human
Resources and Finance Committees.))
Vote on agenda, as amended: AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
Chairperson Michael Gingell addressed the Board to introduce Commissioner Runestad.
Commissioners Minutes Continued. April 17, 2013
146
Commissioner Runestad addressed the Board and asked Michael Bouchard, Oakland County Sheriff and Jessica Cooper, Oakland County Prosecuting Attorney to join him in presenting a Proclamation to Trisha
Dare, Assistant Prosecuting Attorney, for her outstanding work and commitment to empowering survivors of violence. Over the years, Trisha has tirelessly worked as a devoted professional to obtain justice for
victims of violent crimes.
Jessica Cooper, Oakland County Prosecuting Attorney addressed the Board regarding Trisha Dare.
Trisha Dare, Assistant Prosecuting Attorney addressed the Board.
Michael Bouchard, Oakland County Sheriff addressed the Board regarding Haven honoring them for their outstanding work and commitment to empowering survivors of violence.
The representative from Haven addressed the Board.
Commissioner Runestad addressed the Board regarding Trisha Dare and Haven.
Chairperson Michael Gingell addressed the Board to introduce Vice-Chairperson Matis, Commissioner
Taub, and Commissioner Gershenson.
Vice-Chairperson Matis addressed the Board to present a proclamation to Judith Cunningham, Corporation Counsel honoring her for exhibiting exceptional leadership throughout her more than 30-year
career at Oakland County. As an inspiration to women everywhere, Judith Cunningham was the first woman to ever serve as Corporation Counsel and government attorney and the 7th woman to ascend to a
leadership role in the Oakland County Bar Association. Judith Cunningham has tremendously benefited the Oakland County Judicial Branch, the Board of Commissioners, and the Oakland County Government
with her tenacity, leadership, dedication, talent and outstanding professionalism.
Commissioner Taub addressed the Board regarding Judith Cunningham, Corporation Counsel.
Judith Cunningham, Corporation Counsel addressed the Board.
Chairperson Michael Gingell addressed the Board regarding Judith Cunningham, Corporation Counsel.
Oakland County Deputy Clerk – Register of Deeds, Sheila Cummings read a communication from Chairperson Michael Gingell reaffirming the appointments of Gordon Snavely, Valerie Knol and David
Potts as Members of the Oakland County Zoological Authority Board for a 1-year term; and David H. Boerger, Ernest Essad and Alex Cooper as Alternate Members. There were no objections the
appointments were confirmed.
Oakland County Deputy Clerk – Register of Deeds, Sheila Cummings read a communication from Chairperson Michael Gingell appointing Susy Avery, Executive Director, Michigan Women’s Commission;
Jennifer Radcliff, Oakland County Business Roundtable; Kathy Forzley, Oakland County Health Division; Arlene Frank, Oakland County Community College; Tina Abbate-Marzlof, Oakland County Area on the
Aging; Dr. Sonia Acosta, Centro Multicultural La Familia; Torri Mathes, Young Women and Girls; and Marcia Gershenson, Oakland County Board of Commissioners to serve on the Oakland County Women’s
Advisory board. There were no objections the appointments were confirmed.
The following people addressed the Board during public comment: Courtney Protz-Sanders, Vickie Krigner, Alicia Long, Marge Tucker, Rachel Brown, Ebony Price, Chris Anderson, Christie Keith, and
Chairperson Michael Gingell.
Chairperson Michael Gingell addressed the Board to introduce Julia Ruffin, Board of Commissioners Community Liaison.
Commissioners Minutes Continued. April 17, 2013
147
Julia Ruffin, Board of Commissioners Community Liaison addressed the Board to announce a press conference scheduled for 10:00am, April 18, 2013 for the Coast to Coast Prescription Drug Card.
Julia Ruffin, Board of Commissioners Community Liaison addressed the Board to announce April 22,
2013 as Youth In Government Day.
Moved by Dwyer supported by Jackson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion
appears on page 168. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #13071 BY: Jeff Matis, District #15
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION – CITY OF ROCHESTER – DEQUINDRE ROAD AT THE CLINTON
RIVER TRAIL AND MACOMB ORCHARD TRAIL CROSSING – PROJECT NO. 51701 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the 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 project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits 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; and
WHEREAS the City of Rochester, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Rochester and said appropriation has been transferred to a project account; and
WHEREAS the City of Rochester has demonstrated that it has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one third (1/3) share of the Fiscal Year 2013 authorized amount of Tri-Party Road Improvement funding for the Project No. 51701 in the City of Rochester is $31,260.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Rochester and authorizes the release of Tri-Party Road
Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement,
which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution.
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of
Rochester. Chairperson, I move the adoption of the foregoing resolution.
JEFF MATIS
Commissioners Minutes Continued. April 17, 2013
148
FISCAL NOTE (MISC. #13071) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION – CITY OF ROCHESTER – DEQUINDRE ROAD AT THE CLINTON
RIVER TRAIL AND MACOMB ORCHARD TRAIL CROSSING – PROJECT NO. 51701 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds: 1. On December 13, 2012, the Board of Commissioners approved Miscellaneous Resolution
#12322 which assigned $3,000,000 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $31,260 is available in the General Fund Assigned Fund Balance for Tri-Party 2013 and prior funding (account #383510) for Project No. 51071.
3. This project is for pedestrian safety improvements on Dequindre Road at the Clinton River Trail and Macomb Orchard Trail Crossing.
4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced
and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance
Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment.
6. The FY 2013 budget be amended as follows: General Fund (#10100) FY 2013
Revenue 9010101-196030-665882 Planned Use of Fund Balance $31,260
Total Revenues $31,260 Expenditures
9010101-153010-740135 Road Commission Tri-Party $31,260 Total Expenditures $31,260
FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13072 BY: Commissioner Bill Dwyer, District #14
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION – VILLAGE OF BINGHAM FARMS – 13 MILE ROAD BRIDGE OVER
THE ROUGE RIVER, ADDITIONAL CONSTRUCTION ITEMS – PROJECT NO. 48323 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the 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 project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund
Commissioners Minutes Continued. April 17, 2013
149
Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board; and
WHEREAS the Village of Bingham Farms, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the Village of Bingham Farms and said appropriation has been transferred to a project account; and
WHEREAS the Village of Bingham Farms has demonstrated that it has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one third (1/3) share of the Fiscal Year 2013 authorized amount of Tri-Party Road Improvement funding for the Project No. 48323 in the Village of Bingham Farms is $5,010.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Village of Bingham Farms and authorizes the release of Tri-Party
Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement,
which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution.
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Village
of Bingham Farms. Chairperson, I move the adoption of the foregoing resolution.
BILL DWYER
FISCAL NOTE (MISC. #13072) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION – VILLAGE OF BINGHAM FARMS – 13 MILE ROAD BRIDGE OVER
THE ROUGE RIVER, ADDITIONAL CONSTRUCTION ITEMS – PROJECT NO. 48323 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds: 1. On December 13, 2012, the Board of Commissioners approved Miscellaneous Resolution
#12322 which assigned $3,000,000 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $5,010 is available in the General Fund Assigned Fund Balance for Tri-Party 2013 and prior funding (account #383510) for project 48323.
3. This project is for the replacement of the Thirteen Mile Road Bridge over the Rouge River. 4. The resolution allows for additional project costs not greater than 15% from the original
agreement, which is consistent with the project as originally approved, to be paid when invoiced and appropriated in the quarterly forecast resolution.
5. Additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs
prior to payment. 6. The FY 2013 budget be amended as follows:
General Fund (#10100) FY 2013 Revenue
9010101-196030-665882 Planned Use of Fund Balance $5,010 Total Revenues $5,010
Expenditures 9010101-153010-740135 Road Commission Tri-Party $5,010
Total Expenditures $5,010 FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
Commissioners Minutes Continued. April 17, 2013
150
*MISCELLANEOUS RESOLUTION #13073
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: RESOLUTION APPROVING ESCROW AGREEMENT FOR THE DEFEASANCE OF ALL OF
THE OUTSTANDING OAKLAND COUNTY BUILDING AUTHORITY REFUNDING BONDS, SERIES
2006 PRIOR TO MATURITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Building Authority, Michigan (the “Authority”), pursuant to Act No. 31,
Public Acts of Michigan, 1948 (First Extra Session), as amended (the “Act”), issued its $8,160,000
Oakland County Building Authority, Building Authority Refunding Bonds, Series 2006 (the “Bonds”); and
WHEREAS the Emergency Manager of the City of Pontiac has concluded that it is in the best interest of
the City of Pontiac to provide for the defeseance of certain bonds of the City of Pontiac through Oakland
County from the proceeds the City has on hand, thereby providing amounts sufficient to provide for the
payment of the principal of and interest on the Bonds; and
WHEREAS pursuant to Act No. 202, Public Acts of Michigan, 1943, as amended, in order that the Bonds
to be Defeased may be properly defeased utilizing proceeds of the bonds, the Authority must enter into
an agreement with a bank or trust company.
NOW THEREFORE BE IT RESOLVED by the County Board of Commissioners, Oakland County,
Michigan as follows:
1. The County hereby approves the defeasance of a portion of the Bonds as described in EXHIBIT
A.
2. The County further consents to the Authority entering into an escrow agreement attached hereto
EXHIBIT B, dated as of April 30, 2013 (the “Escrow Agreement”) with a bank or trust company
designated by the Treasurer.
3. The Authority and Axe & Ecklund, P.C., bond counsel, are instructed to take whatever steps are
necessary to affect the defeasance and call of the Bonds to be Defeased.
4. All resolutions and parts of resolution, insofar as the same may be in conflict herewith, are hereby
rescinded.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Certification of Proceedings, Exhibit A – Bonds to be Defeased, Exhibit B – Escrow Agreement, Appendix I – Remaining Original Debt Service Schedule, Appendix II, Appendix III – Investment
Securities to be Acquired Pursuant to the Escrow Agreement, Appendix IV – Redemption Schedule and Appendix V – Defeasance Escrow Cash Flow Analysis on file in County Clerk’s Office.
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13074 BY: Finance Committee, Tom Middleton, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES PLANNING AND ENGINEERING – CHILDREN’S VILLAGE K BUILDING RENOVATION
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the Fiscal Year 2013 Capital Improvement Program, Building Projects section, line 8, identifies the Children’s Village Kitchen (CV-K) renovation project for $300,000; and
WHEREAS the CV-K was built in 1973 and has been only minimally modernized since then; and WHEREAS DiClemente Siegel Design (DSD), the annual contractor who conducted the preliminary study,
and their foodservice consultant E. F. Whitney completed an architectural, structural, mechanical, electrical, and food service design for the CV-K; and
WHEREAS the CV-K renovation would include the installation of a new prefabricated refrigerator and freezer; reconfiguration of the kitchen layout; and the installation of new food service equipment and air
conditioning units; and WHEREAS the construction manager selected to manage the project is the George W. Auch Company of
Pontiac, Michigan; and
Commissioners Minutes Continued. April 17, 2013
151
WHEREAS Auch has competitively bid the construction work and the total project costs will be $450,000, including the contract award of $364,500, the 4% construction manager fee of $14,580, and a
contingency of $70,920; and WHEREAS by shifting the Elevator Maintenance (Building Projects section, line 2, $600,000) funding
from the CIP to the FM&O Fund (M-project funding is typically used for maintenance projects), CIP funds are available to cover the additional $150,000 in funding necessary; and
WHEREAS funding in the amount of $450,000 for the project is available for transfer from the FY 2013 Capital Improvement Program/Building Improvement Fund (#40100) to the Project Work Order Fund
(#40400) for the Children’s Village K Building Renovation Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Children’s Village
K Building Renovation Project in the amount of $450,000. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $450,000 from the Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) to establish the Children’s Village Kitchen Renovation Project (#100000001779) as
detailed below: Building Improvement Fund (#40100)
1040101-148020-788001-40400 Transfer Out ($450,000) Project Work Order Fund (#40400)
1040101-148020-695500-40100 Transfer In $450,000 $ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13075
BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES PLANNING AND ENGINEERING – MEDICAL CARE
FACILITY RE-ROOFING PROJECT To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the 48,735 square foot Medical Care Facility (MCF) on the County’s main campus was
constructed in 1977; and WHEREAS the MCF’s roof was last replaced 16 years ago and has four years remaining on its warranty;
and WHEREAS the MCF is being extensively remodeled to accommodate the Community Mental Health
Authority (CMHA), including the installation of new HVAC equipment on the roof; and WHEREAS the roof will, therefore, be exposed to extensive construction traffic and undergo several
penetrations, patches, and re-seaming, increasing the risk of future leaking and subsequent damage to the building’s interior; and
WHEREAS Facilities Management is proposing to replace the entire MCF roof now while the building is unoccupied as opposed to waiting for its warranty to expire; and
WHEREAS the energy efficiency of the roof would be improved with new insulation and set-up costs would be avoided since the CMHA project involves roof work; and
WHEREAS the CMHA budget also includes roof replacement for the area being covered by the new HVAC equipment, thus decreasing the total surface area the County would need to re-roof and reducing
the expected cost of re-roofing in four years by nearly $200,000; and WHEREAS the Construction Manager, George W. Auch Company, has competitively bid the re-roofing
work and the total project costs will be $363,000, including the contract award of $316,512, the 4% construction manager fee of $12,660, and a contingency of $33,828; and
WHEREAS by shifting the Elevator Maintenance (Building Projects section, line 2, $600,000) funding from the CIP to the FM&O Fund (M-project funding is typically used for maintenance projects), and by
shifting the Radio Shop Renovation (Building Projects section, line 4, $1,100,000) funding from the CIP to the Radio and Motor Pool Funds, CIP funds are available to cover this $363,000 cost (as well as other
projects); and
Commissioners Minutes Continued. April 17, 2013
152
WHEREAS the funding for the Medical Care Facility re-roofing project in the amount of $363,000 is available for transfer from the FY 2013 Capital Improvement Program/Building Fund (#40100) to the
Project Work Order Fund (#40400). NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the transfer of
funding for the Medical Care Facility re-roofing project (#100000001780) in the amount of $363,000 from the Capital Improvement Program/Building Improvement Fund (#40100) to the Project Work Order Fund
(#40400) as detailed below: Building Improvement Fund #40100
1040101-148020-788001-40400 Transfer Out ($363,000) Project Work Order Fund #40400
1040101-148020-695500-40100 Transfer In $363,000 $ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13076
BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES PLANNING AND ENGINEERING - NORTHEAST
COURTHOUSE PARKING LOT PAVEMENT REPAIR PROJECT To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the Fiscal Year 2013 Capital Improvement Program identifies the 2013 Parking Lot Paving
Program; and WHEREAS the Northeast Courthouse Parking Lot is in need of repaving due to blacktop surface
deterioration, created a safety risk for employees and the public; and WHEREAS the Northeast Courthouse Parking Lot Repaving Project will involve full-depth reclamation
with asphalt; and WHEREAS Planning & Building Committee authorized the Facilities Planning & Engineering Division to
advertise and receive bids for the Northeast Courthouse Parking Lot Repaving Project; and WHEREAS in accordance with Purchasing Division procedures, bids for the project were received March
5th, 2013, and reviewed by the Facilities Planning & Engineering Division and the Purchasing Division; and
WHEREAS the lowest responsible bidder was Asphalt Specialists Inc. (ASI) of Pontiac, Michigan, with a bid in the amount of $348,712; and
WHEREAS Purchasing and Facilities Planning & Engineering met with ASI to review their bid and confirm all work was understood and included; and
WHEREAS a total project cost of $418,454 is recommended by the Facilities Planning & Engineering Division, including a 20% contingency; and
WHEREAS funding in the amount of $418,454 for the project is available for transfer from the FY 2013 Capital Improvement Program/Building Improvement Fund (#40100) to the Project Work Order Fund
(#40400) for the Northeast Courthouse Parking Lot Pavement Repair Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Northeast
Courthouse Parking Lot Pavement Repair Project in the amount of $418,454. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $418,454 from the Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) to establish the Northeast Courthouse Parking Lot Pavement Repair Project
(#100000001781) as detailed below: Building Improvement Fund (#40100)
1040101-148020-788001-40400 Transfer Out ($418,454) Project Work Order Fund (#40400)
1040101-148020-695500-40100 Transfer In $418,454 $ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE
Commissioners Minutes Continued. April 17, 2013
153
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13077 BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: ESTABLISHMENT OF OAKLAND COUNTY 9-1-1 CHARGE RATE (FORMERLY TELEPHONE OPERATING SURCHARGE) FOR THE PERIOD JULY 1, 2013 TO JUNE 30, 2014
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the County has created and operated an interoperable public safety radio communications system for over a decade for the benefit of the local law enforcement, fire, emergency medical services,
hospitals, homeland security and other operating purposes; and WHEREAS the County constructed this radio communications system through a 9-1-1 charge on wireless
and wireline telephones as defined by Michigan statutes (such billing approach on telephones has now been expanded to ‘devices’ that can be used in the 9-1-1 calling for emergencies, as defined); and
WHEREAS the Michigan statutes requires that county boards of commissioners annually approve the 9-1-1 charge rate for the fiscal year period from July 1 through June 30 each year (including the period
under consideration of July 1, 2013 through June 30, 2014 relating to this resolution); and WHEREAS the State requires that a certified copy of the board of commissioners resolution be submitted
to the Michigan Public Services Commission no later than mid-May of each year covering the ensuing July 1 through June 30 fiscal year; and
WHEREAS the County’s 9-1-1 charge rate is $.20 per month per device as defined by Michigan statutes and is well below the authorized limit; and
WHEREAS an attached memorandum dated April 1, 2013 from the County Administration covering the financial, programmatic, and capital status and needs of the Radio Communications Fund for the funding
period July 1, 2013 through June 30, 2014 has been prepared; and WHEREAS the attached memorandum has recommended a continuation of the 9-1-1 charge rate of $.20
per month per device as defined by Michigan statutes; and WHEREAS the operating budgets adopted by the Board of Commissioners in September 2012 for the FY
2013, FY 2014 and FY 2015 operating periods contemplated the use of a 9-1-1 charge rate of $.20 per month per device as defined by Michigan statutes; and
WHEREAS the Radio Communications Oversight Committee reviewed the attached memorandum, unanimously approved and recommended the continuation of the 9-1-1 charge rate of $.20 per month per
device as defined by Michigan statutes to the County’s Board of Commissioners through an electronic vote during the week of March 25, 2013.
NOW THEREFORE BE IT RESOLVED that the County’s Board of Commissioners hereby approves the 9-1-1 charge of $.20 per month device as defined by Michigan statutes for the period July 1, 2013 through
June 30, 2014. BE IT FURTHER RESOLVED that the forthcoming operating budgets for the period from July 1, 2014 to
September 30, 2016 be based on the $.20 per month per device as defined by Michigan statutes (to be reviewed and adjusted as considered appropriate by the Board of Commissioners annually as required by
Michigan statutes in periods beyond June 30, 2014); such use of a $.20 per month per device, as defined, requires no adjustment to the operating periods through September 30, 2015.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
Copy of Radio Project Status and Cash Flow/Equity at December 31, 2012 – Proposal for 9-1-1 Charge
Rates, Exhibit A – Radio Communication Fund – Financial Statements and Schedules for the Quarter Ended December 31, 2012, Statement of Net Assets, Exhibit A-1 – Statement of Revenues, Expenses,
and Changes in Net Assets, Exhibit A-2 – Operating Transfers Out – Fiscal Year 2013, and Exhibit A-3 – Brief Explanation of “Actuals” on file in County Clerk’s office.
Commissioners Minutes Continued. April 17, 2013
154
*MISCELLANEOUS RESOLUTION #13078 BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: TREASURER’S OFFICE – AUTHORIZATION TO BORROW AGAINST DELINQUENT 2012 REAL PROPERTY TAXES
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners of the County of Oakland (the "County") has heretofore adopted a resolution establishing the Oakland County Delinquent Tax Revolving Fund (the "Fund") pursuant to
Section 87b of Act No. 206, Public Acts of Michigan, 1893, as amended ("Act 206"); and WHEREAS the purpose of the Fund is to allow the Oakland County Treasurer (the "County Treasurer") to
pay from the Fund any or all delinquent real property taxes that are due and payable to the County and any school district, intermediate school district, community college district, city, township, special
assessment district, the State of Michigan or any other political unit for which delinquent tax payments are due; and
WHEREAS it is hereby determined to be necessary for the County to borrow money and issue its notes for the purposes authorized by Act 206, particularly Sections 87c, 87d and 87g thereof; and
WHEREAS it is estimated that the total amount of unpaid 2012 delinquent real property taxes (the "delinquent taxes") outstanding on March 1, 2013, will be approximately $100,000,000, exclusive of
interest, fees and penalties. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, State
of Michigan, as follows: Authorization of Borrowing
1. Pursuant to and in accordance with the provisions of Act 206, Public Acts of Michigan, 1893, as amended, and especially Sections 87c, 87d and 87g thereof, the County shall borrow the sum of
not to exceed twenty-five million dollars ($25,000,000) and issue its notes (the "notes") therefor for the purpose of continuing the Fund for the 2012 tax year. The exact amount to be borrowed
shall not exceed the amount of delinquent taxes outstanding on March 1, 2013, exclusive of interest, fees and penalties. The County Treasurer shall designate the exact amount to be
borrowed after the amount of the 2012 delinquent taxes outstanding on March 1, 2013, or the portion of the 2012 delinquent taxes against which the County shall borrow, has been
determined. Note Details
2. Pursuant to provisions of applicable law and an order of the County Treasurer, which order is hereby authorized, the notes may be issued in one or more series; shall be known as "General
Obligation Limited Tax Notes, Series 2013" with a letter designation added thereto if the notes are issued in more than one series; shall be in fully registered form in denominations not
exceeding the aggregate principal amounts for each maturity of the notes; shall be sold for not less than 98% of the face amount of the notes; shall bear interest at fixed or variable rates not to
exceed the maximum interest rate permitted by applicable law; shall be dated, payable as to interest and in principal amounts, be subject to redemption in whole or in part prior to maturity,
including any redemption premiums, and be subject to renewal, at such times and in such amounts, all as shall be designated in the order of the County Treasurer. Notes or portions of
notes called for redemption shall not bear interest after the redemption date, provided funds are on hand with the note registrar and paying agent to redeem the same. Notice of redemption shall
be given in the manner prescribed by the County Treasurer, including the number of days’ notice of redemption and whether such notice shall be written or published, or both. If any notes of any
series are to bear interest at a variable rate or rates, the County Treasurer is hereby further authorized to establish by order, and in accordance with law, a means by which interest on such
notes may be set, reset or calculated prior to maturity, provided that such rate or rates shall at no time be in excess of the maximum interest rate permitted by applicable law. Such rates may be
established by reference to the minimum rate that would be necessary to sell the notes at par; by a formula that is determined with respect to an index or indices of municipal obligations, reported
prices or yields on obligations of the United States or the prime rate or rates of a bank or banks selected by the County Treasurer; or by any other method selected by the County Treasurer.
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Payment of Principal and Interest 3. The principal of and interest on the notes shall be payable in lawful money of the United States
from such funds and accounts as provided herein. Principal shall be payable upon presentation and surrender of the notes to the note registrar and paying agent when and as the same shall
become due, whether at maturity or earlier redemption. Interest shall be paid to the owner shown as the registered owner on the registration books at the close of business on such date prior to
the date such interest payment is due, as is provided in the order of the County Treasurer. Interest on the notes shall be paid when due by check or draft drawn upon and mailed by the note
registrar and paying agent to the registered owner at the registered address, or by such other method as determined by the County Treasurer.
Note Registrar and Paying Agent 4. The County Treasurer shall designate, and may enter into an agreement with, a note registrar
and paying agent for each series of notes that shall be the County Treasurer or a bank or trust company that is qualified to act in such capacity under the laws of the United States of America or
the State of Michigan. The County Treasurer may from time to time designate a similarly qualified successor note registrar and paying agent. Alternatively, the County Treasurer may serve as note
registrar and paying agent if so designated by written order of the County Treasurer. Disposition of Note Proceeds
5. The proceeds of the sale of the notes shall be deposited into a separate account in the Fund and shall be used to continue the Fund. The County Treasurer shall pay therefrom and from
unpledged funds in the Fund, uncommitted funds in the County General Fund and/or any other legally available funds, if the notes are sold at a discount, the full amount of the delinquent tax roll
against which the County has borrowed, delivered as uncollected by any tax collector in the County and that is outstanding and unpaid on or after March 1, 2013, in accordance with the
provisions of Act 206. If the notes are sold at a premium, the County Treasurer shall determine what portion of the premium, if any, shall be deposited in the 2013 Collection Account established
in Section 6 hereof. 2013 Collection Account
6. There is hereby established as part of the Fund an account (hereby designated the "2013 Collection Account") into which account the County Treasurer shall place delinquent taxes
against which the County has borrowed, and interest thereon, collected on and after March 1, 2013, all County property tax administration fees on such delinquent taxes, after expenses of
issuance of the notes have been paid, any premium as determined pursuant to Section 5 hereof, and any amounts received by the County Treasurer from the County, the State of Michigan and
any taxing unit within the County, because of the uncollectibility of such delinquent taxes. The foregoing are hereby established as funds pledged to note repayment. The County Treasurer
shall designate the delinquent taxes against which the County shall borrow for each series of notes.
Note Reserve Fund 7. There is hereby authorized to be established by the County Treasurer a note reserve fund for the
notes (the "2013 Note Reserve Fund") if the County Treasurer deems it to be reasonably required as a reserve and advisable in selling the notes at public or private sale. The County Treasurer is
authorized to deposit in the 2013 Note Reserve Fund from proceeds of the sale of the notes, unpledged moneys in the Fund, uncommitted funds in the County General Fund and/or any other
legally available funds, an amount not exceeding ten percent (10%) of the face amount of the notes.
Security for Payment of Notes 8. All of the moneys in the 2013 Collection Account and the 2013 Note Reserve Fund, if established,
and all interest earned thereon, relating to a series of notes are hereby pledged equally and ratably as to such series to the payment of the principal of and interest on the notes and shall be
used solely for that purpose until such principal and interest have been paid in full. When moneys in the 2013 Note Reserve Fund, if established, are sufficient to pay the outstanding principal of
the notes and the interest accrued thereon such moneys may be used to retire the notes. If more than one series of notes is issued, the County Treasurer by order shall establish the priority of the
funds pledged for payment of each such series. In such case the County Treasurer may establish
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sub-accounts in the various funds and accounts established pursuant to the terms of this resolution as may be necessary or appropriate.
Additional Security 9. Each series of notes, in addition, shall be a general obligation of the County, secured by its full
faith and credit, which shall include the County's limited tax obligation, within applicable constitutional and statutory limits, and its general funds. The County budget shall provide that if
the pledged delinquent taxes and any other pledged amounts are not collected in sufficient amounts to meet the payments of principal and interest due on each series of notes, the County,
before paying any other budgeted amounts, will promptly advance from its general funds sufficient moneys to pay that principal and interest. The County shall not have the power to
impose taxes for payment of the notes in excess of constitutional or statutory limitations. If moneys in the 2013 Collection Account and the 2013 Note Reserve Fund, if established, are not
sufficient to pay the principal of and interest on the notes, when due, the County shall pay the same in accordance with this section, and may thereafter reimburse itself from the delinquent
taxes collected. Release of Pledge of 2013 Collection Account
10. Upon the investment of moneys in the 2013 Collection Account in direct non-callable obligations of the United States of America in amounts and with maturities that are sufficient to pay in full the
principal of and interest on the notes when due, any moneys in the 2013 Collection Account thereafter remaining may be released from such pledge created pursuant to Section 8 hereof and
may be used to pay any or all delinquent real property taxes that are due the County and any school district, intermediate school district, community college district, city, township, special
assessment district, the State of Michigan or any other political unit to which delinquent tax payments are due for any year or for any other purpose permitted by law.
Sale of Notes 11. The County Treasurer is hereby authorized to offer the notes at public or private sale as
determined by order of the County Treasurer and to do all things necessary to effectuate the sale, delivery, transfer and exchange of the notes in accordance with the provisions of this resolution.
Notes of one series may be offered for sale and sold separately from notes of another series. If the notes are to be sold publicly, sealed proposals for the purchase of the notes shall be received
by the County Treasurer for such public sale to be held at such time as shall be determined by the County Treasurer and notice thereof shall be published in accordance with law, once in The
Bond Buyer or the Detroit Legal News, both of which are hereby designated as being a publication printed in the English language and circulated in this State that carries as a part of its
regular service, notices of sale of municipal bonds. Such notice shall be in the form prescribed by the County Treasurer.
The County Treasurer is hereby authorized to cause the preparation of an official statement for the notes for the purpose of enabling compliance with SEC Rule 15c2-12 (the "Rule") and to do
all other things necessary to enable compliance with the Rule. After the award of the notes, 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 successful bidder or bidders to comply with paragraph (b)(4) of the Rule and the
rules of the Municipal Securities Rulemaking Board. Continuing Disclosure
12. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing
disclosure undertaking of the County pursuant to subsection (b)(5) or (d)(2) of the Rule, as applicable, and (ii) amendments to such certificate from time to time in accordance with the terms
of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the
Continuing Disclosure Certificate shall be as set forth therein. Execution and Delivery of Notes
13. The County Treasurer is hereby authorized and directed to execute the notes for the County by manual or facsimile signature and the County Treasurer shall cause the County seal or a
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facsimile thereof to be impressed or imprinted on the notes. Unless the County Treasurer shall specify otherwise in writing, fully registered notes shall be authenticated by the manual signature
of the note registrar and paying agent. After the notes have been executed and authenticated, if applicable, for delivery to the original purchaser thereof, the County Treasurer shall deliver the
notes to the purchaser or purchasers thereof upon receipt of the purchase price. Additional notes bearing the manual or facsimile signature of the County Treasurer and upon which the seal of the
County or a facsimile thereof is impressed or imprinted may be delivered to the note registrar and paying agent for authentication, if applicable, and delivery in connection with the exchange or
transfer of fully registered notes. The note registrar and paying agent shall indicate on each note that it authenticates the date of its authentication. The notes shall be delivered with the approving
legal opinion of Dickinson Wright PLLC. Municipal Financial Consultants Incorporated, Grosse Pointe Farms, Michigan, is hereby retained to act as financial consultant and advisor to the
County in connection with the sale and delivery of the Notes. Exchange and Transfer of Fully Registered Notes
14. Any fully registered note, upon surrender thereof to the note registrar and paying agent with a written instrument of transfer satisfactory to the note registrar and paying agent duly executed by
the registered owner or his or her duly authorized attorney, at the option of the registered owner thereof, may be exchanged for notes of any other authorized denominations of the same
aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered note.
Each note shall be transferable only upon the books of the County, which shall be kept for that purpose by the note registrar and paying agent, upon surrender of such note together with a
written instrument of transfer satisfactory to the note registrar and paying agent duly executed by the registered owner or his or her duly authorized attorney.
Upon the exchange or transfer of any note, the note registrar and paying agent on behalf of the County shall cancel the surrendered note and shall authenticate, if applicable, and deliver to the
transferee a new note or notes of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered note. If, at the
time the note registrar and paying agent authenticates, if applicable, and delivers a new note pursuant to this section, payment of interest on the notes is in default, the note registrar and
paying agent shall endorse upon the new note the following: "Payment of interest on this note is in default. The last date to which interest has been paid is [place date]."
The County and the note registrar and paying agent may deem and treat the person in whose name any note shall be registered upon the books of the County as the absolute owner of such
note, whether such note shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such note and for all other purposes, and all payments made to any
such registered owner, or upon his or her order, in accordance with the provisions of Section 3 hereof shall be valid and effectual to satisfy and discharge the liability upon such note to the
extent of the sum or sums so paid, and neither the County nor the note registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the note
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 notes, the County or the note 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 note registrar and paying agent shall not be required to transfer or exchange notes or portions of notes that have been selected for redemption.
Book Entry System 15. At the option of the County Treasurer and notwithstanding any provisions of this resolution to the
contrary, the County Treasurer is hereby authorized to enter into an agreement with a custodian or trustee for the purpose of establishing a "book entry" system for registration of notes to be fully
registered. Pursuant to the provisions of such agreement, the notes may be registered in the name of the custodian or trustee for the benefit of other persons or entities. Such agreement shall
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provide for the keeping of accurate records and prompt transfer of funds by the custodian or trustee on behalf of such persons or entities. The agreement may provide for the issuance by the
custodian or trustee of certificates evidencing beneficial ownership of the notes by such persons or entities. For the purpose of payment of the principal of and interest on the notes, the County
may deem payment of such principal and interest, whether overdue or not, to the custodian or trustee as payment to the absolute owner of such note. Pursuant to provisions of such
agreement, the book entry system for the notes may be used for registration of all or a portion of the notes and such system may be discontinued at any time by the County. The note registrar
and paying agent for the notes may act as custodian or trustee for such purposes. Issuance Expenses
16. Expenses incurred in connection with the issuance of the notes, including without limitation any premiums for any insurance obtained for the notes, note rating agency fees, travel and printing
expenses, fees for agreements for lines of credit, letters of credit, commitments to purchase the notes, remarketing agreements, reimbursement agreements, purchase or sales agreements or
commitments, or agreements to provide security to assure timely payment of the notes, fees for the setting of interest rates on the notes and bond counsel, financial advisor, paying agent and
registrar fees, all of which are hereby authorized, shall be paid by the County Treasurer from County property tax administration fees on the delinquent taxes, from any other moneys in the
Fund not pledged to the repayment of notes and general funds of the County that are hereby authorized to be expended for that purpose.
Replacement of Notes 17. Upon receipt by the County Treasurer of satisfactory evidence that any outstanding note has
been mutilated, destroyed, lost or stolen, and of security or indemnity complying with applicable law and satisfactory to the County Treasurer, the County Treasurer may execute or authorize the
imprinting of the County Treasurer's facsimile signature thereon and thereupon, and if applicable, a note registrar or paying agent shall authenticate and the County shall deliver a new note of like
tenor as the note mutilated, destroyed, lost or stolen. Such new note shall be issued and delivered in exchange and substitution for, and upon surrender and cancellation of, the mutilated
note or in lieu of and in substitution for the note so destroyed, lost or stolen in compliance with applicable law. For the replacement of authenticated notes, the note registrar and paying agent
shall, for each new note authenticated and delivered as provided above, require the payment of expenses, including counsel fees, which may be incurred by the note registrar and paying agent
and the County in the premises. Any note issued under the provisions of this Section in lieu of any note alleged to be destroyed, lost or stolen shall be on an equal basis with the note in
substitution for which such note was issued. Chargebacks
18. For any principal payment date of the notes on or after January 1, 2016, the delinquent taxes on property foreclosed and sold pursuant to the provisions of Act 206 and against which the County
has borrowed shall, if necessary to ensure full and timely payment of principal of and interest on the notes when due, be charged back to the taxing jurisdictions in such manner as determined by
the County Treasurer. The proceeds of such chargebacks shall be deposited in the 2013 Collection Account as security for payment of the notes as described in Section 8 hereof. The
provisions of this section shall not limit the authority of the County Treasurer under the laws of the State of Michigan to charge back delinquent taxes under other circumstances or at other times.
Purchase of Notes by County 19. All or any portion of the notes may be purchased or otherwise acquired by the County if the
County Treasurer by order deems such purchase or acquisition to be in the best interest of the County. In such case, the County Treasurer is authorized to take such actions to effectuate the
purchase or acquisition, including without limitation entering into an agreement to purchase or repurchase the notes. The purchase or other acquisition of notes by or on behalf of the County
does not cancel, extinguish or otherwise affect the notes and the notes shall be treated as outstanding notes for all purposes of this resolution until paid in full.
Issuance of Refunding Notes 20. The County shall refund all or part of the notes authorized hereunder and/or notes previously
issued by the County to continue the Fund for prior tax years if and as authorized by order of the County Treasurer through the issuance of refunding notes (the "Refunding Notes") in an amount
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to be determined by order of the County Treasurer. Proceeds of the Refunding Notes may be used to redeem such notes and to pay issuance expenses of the Refunding Notes as authorized
and described in Section 16 hereof. The County Treasurer shall have all the authority with respect to the Refunding Notes as is granted to the County Treasurer with respect to the notes by
the other Sections hereof, including the authority to select a note registrar and paying agent, to apply to the Michigan Department of Treasury for approval to issue the Refunding Notes, if
necessary, to cause the preparation of an official statement and to do all other things necessary to sell, execute and deliver the Refunding Notes. The Refunding Notes shall contain the
provisions, shall be payable as to principal and interest and shall be secured as set forth herein and as further ordered by the County Treasurer. The Refunding Notes may be sold as a separate
issue or may be combined in a single issue with other obligations of the County issued pursuant to the provisions of Act 206 as shall be determined by the County Treasurer. The County
Treasurer is authorized to prescribe the form of Refunding Note and the form of notice of sale, if any, for the sale of Refunding Notes.
Form of Notes 21. The notes shall be in the form approved by the County Treasurer, which approval shall be
evidenced by the County Treasurer’s execution thereof. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13079 BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – 2013 EQUALIZATION REPORT To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the staff of the Equalization Division of the Department of Management & Budget has
examined the assessment rolls of the several townships and cities within Oakland County to ascertain whether the real and personal property in the respective townships and cities has been equally and
uniformly assessed at 50% of true cash value; and WHEREAS the Finance Committee in accordance with Rule XI.A (8) of the Board of Commissioners
adopted on January 9, 2013, has reviewed the findings and recommendations of the Equalization Manager, acting as the Equalization Director, and conducted hearings to provide for local intervention into
the equalization process; and WHEREAS based on its findings, the Manager of the Equalization Division has presented to the Finance
Committee the recommended 2013 equalization value which adds to or deducts from the valuation of the property in the several townships and cities an amount as, in its judgment, will produce a sum which
represents the true cash value thereof; and WHEREAS the Equalization Factors listed on the attached report is the result of the foregoing process
and are for information purposes only. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the
2013 equalization and authorizes its certification by the Chairperson of the Board and further that it be entered on the County records and delivered to the appropriate official of the proper township or city.
Chairperson, on behalf on the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13080
BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL OF
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF WIXOM
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
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WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and
WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and
WHEREAS revenues and expenditures associated with the services for this contract are included in the FY 2013 through FY 2015 Adopted Budget; therefore no budget amendment is recommended.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance
Services covering the term July 1, 2013 thru June 30, 2016 with the City of Wixom, which has been signed by its authorized signatories.
BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this contract.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the concerned unit of government as required by law.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE
Copy of Contract for Oakland County Equalization Division Assistance Services with City of Wixom (real
and personal property services) Incorporated by Reference. Original on file in County Clerk’s office.
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13068 BY: General Government Committee, Christine Long, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE
CHARTER TOWNSHIP OF INDEPENDENCE, TOWNSHIP OF SOUTHFIELD AND THE CITIES OF FARMINGTON HILLS, MADISON HEIGHTS, OAK PARK, ROYAL OAK AND TROY
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as
provided by Public Act 116 of 1954, as amended; and WHEREAS the Charter Township of Independence, Township of Southfield and the Cities of Farmington
Hills, Madison Heights, Oak Park, Royal Oak and Troy are requesting to renew their agreement to utilize the services of the Oakland County Board of Canvassers; and
WHEREAS Corporation Counsel has drafted an agreement for said townships and cities to utilize the services of the Oakland County Board of Canvassers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached agreements with the Charter Township of Independence, Township of Southfield and the
Cities of Farmington Hills, Madison Heights, Oak Park, Royal Oak and Troy to utilize the services of the Oakland County Board of Canvassers.
BE IT FURTHER RESOLVED that, upon approval of these agreements by the Oakland County Board of Commissioners, a copy shall be filed by the County Clerk Elections Division with the Office of the Great Seal
of the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Agreements between the County and Charter Township of Independence, Township of Southfield and the Cities of Farmington Hills, Madison Heights,
Oak Park, Royal Oak and Troy. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution. GENERAL GOVERNMENT COMMITTEE
Copy of Agreement Between the Charter Township of Independence, Township of Southfield, and the
Cities of Farmington Hills, Madison Heights, Oak Park, Royal Oak and Troy to Utilize the Services of the Oakland County Board of Canvassers Incorporated by Reference. Original on file in County Clerk’s office.
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161
FISCAL NOTE (MISC # 13068) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION - AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CHARTER
TOWNSHIP OF INDEPENDENCE, TOWNSHIP OF SOUTHFIELD AND THE CITIES OF FARMINGTON HILLS, MADISON HEIGHTS, OAK PARK, ROYAL OAK AND TROY
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 authorized to establish a revised Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as
provided by Public Act 116 of 1954. 2. The Charter Township of Independence, the Township of Southfield and the Cities of Farmington
Hills, Madison Heights, Oak Park, Royal Oak and Troy are requesting to utilize the services of the Oakland County Board of Canvassers.
3. The approval and exercise of this agreement will generate an estimated $3,175 of general fund revenue in the Board of Canvasser Services Fee line item with corresponding operating expense
increase of the same amount in the Fees Per Diems line item.
• $350 for the Charter Township of Independence (14 precincts @ $25 per precinct).
• $250 for the Township of Southfield (10 precincts @ $25 per precinct).
• $675 for the City of Farmington Hills (27 precincts @ $25 per precinct).
• $275 for the City of Madison Heights (11 precincts @ $25 per precinct).
• $250 for the City of Oak Park (10 precincts @ $25 per precinct).
• $600 for the City of Royal Oak (24 precincts @ $25 per precinct).
• $775 for the City of Troy (31 precincts @ $25 per precinct). 4. The Charter Township of Independence, the Township of Southfield and the Cities of Farmington
Hills, Madison Heights, Oak Park, Royal Oak and Troy are contract renewals; revenues and expenditures associated with these services are incorporated in the FY 2013, 2014 and 2015 Adopted Budget. Therefore, no budget amendment is recommended.
FINANCE COMMITTEE (The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13081
BY: General Government Committee, Christine Long, Chairperson IN RE: CLERK/REGISTER OF DEEDS – 2013 SURVEY AND REMONUMENTATION GRANT
ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS this is an ongoing grant, and the Twentieth year of funding by the State of Michigan, Department of Labor and Economic Growth; and
WHEREAS the grant award of $339,282 consists of $339,282 in current program costs; and WHEREAS the grant will provide partial reimbursement for one existing full-time eligible Plat & Boundary
Review Specialist position that is in charge of the monitoring and administrative matters of the program; and
WHEREAS no additional personnel or local match is required; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and
WHEREAS approximately 4136 corners have been remonumented and approved by the Peer Review process and 64 corners are currently being remonumented through the Remonumentation Program; and
WHEREAS the grant agreement has been reviewed and approved through the County Executive Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Assistance for Survey, Monumentation and Remonumentation Grant for the period of January 1, 2013
through December 31, 2013 in the amount of $339,282.
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BE IT FURTHER RESOLVED that one (1) General Fund General Purpose full-time eligible Plat & Boundary Review Specialist position (#2010401-09329) will be partially reimbursed by the
Remonumentation program effective January 1, 2012 through December 31, 2012. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that with acceptance of the grant, the Oakland County Board of Commissioners hereby appoints the County Clerk/Register of Deeds, Lisa Brown as the Grant
Administrator as required by the State. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
continuation of the Remonumentation Program. BE IT FURTHER RESOLVED that continuation of this grant does not obligate the County to any future
commitment, and any special revenue positions and other program costs associated with this grant are contingent upon future levels of grant funding.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Clerk/Register of Deeds Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #13081)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: CLERK/REGISTER OF DEEDS – 2013 SURVEY AND REMONUMENTATION GRANT
ACCEPTANCE To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds: 1. The Michigan Department of Licensing and Regulatory Affairs (LARA), Bureau of Construction
Codes, Office of Land Survey and Remonumentation awarded the Oakland County Clerk/Register of Deeds on-going funding in the amount of $339,282 for the Remonumentation
program, with no County match required. 2. The grant funding period is January 1, 2013 through December 31, 2013.
3. The grant will partially reimburse one (1) existing full-time eligible GF/GP Plat & Boundary Review Specialist, position #09329.
4. The future level of service, including personnel, will be contingent upon the level of funding available from the State.
5. A budget amendment is recommended for Fiscal Year 2013 Special Revenue Budget to reflect the new grant award as follows:
CLERK SURVEY REMONUMENTATION FUND (#29220) Grant #0000000345. Activity A, Analysis Type GLB
Adopted Amended Budget Amendment Budget
Revenues 2010401-172180-615571 Grant-State $326,937 $12,345 $339,282
Total Revenues $326,937 $12,345 $339,282 Expenses
2010401-172180-702010 Salaries $ 7,659 $ 7,341 $ 15,000 2010401-172180-722750 Workers Compensation 91 (91) 0
2010401-172180-722760 Group Life 22 (22) 0 2010401-172180-722770 Retirement 2,375 (2,375) 0
2010401-172180-722780 Hospitalization 1,124 (1,124) 0 2010401-172180-722790 Social Security 577 (577) 0
2010401-172180-722800 Dental 104 (104) 0 2010401-172180-722810 Disability 26 (26) 0
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163
2010401-172180-722820 Unemployment Insurance 13 (13) 0 2010401-172180-722850 Optical 9 (9) 0
2010401-172180-730709 Fees-Per Diem 5,625 0 5,625 2010401-172180-740128 Remonumentation 309,312 9,345 318,657
Total Expenditures $326,937 $12,345 $339,282 FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13082
BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – PERFORMANCE
GRANT AGREEMENT FOR FISCAL YEAR 2011 FUNDING AMENDMENT To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan awarded Oakland County grant funding for the period of October 1,
2010 through September 30, 2011 the purpose of which is to encourage the development and comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by
the states and local governments; and WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-through of
Federal funds for which no County match is required; and WHEREAS an application was submitted and Oakland County was notified that they were eligible to
receive $51,656 for the development and maintenance of an emergency management program, the subsequent grant agreement for this amount was approved per Miscellaneous Resolution #11234; and
WHEREAS Oakland County has since been notified that it has received an additional $17,457, which exceeds 15% of the original award for a total of $69,113 and, therefore, requires a resolution of
acceptance; and WHEREAS this Supplemental Funding Agreement has been submitted through the Board of
Commissioners’ Grants Procedure and the County Executive's Contract Review Process and is recommended for approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes acceptance of FY 2011 Emergency Management Preparedness Grant supplemental funding from the
State of Michigan in the amount of $17,457. BE IT FURTHER RESOLVED that acceptance of this additional funding does not obligate the County to
any future commitment. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson
or designee to execute the grant funding amendment on behalf of the County of Oakland. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution. GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Homeland Security Division Incorporated by Reference. Original on file
in County Clerk’s office.
FISCAL NOTE (MISC. #13082) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2011 FUNDING AMENDMENT
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. Oakland County was awarded grant funding by the State of Michigan for the development and maintenance of an emergency management program capable of protecting life, property and vital
infrastructure in times of disaster or emergency. 2. The grant award of $51,656 was received and approved by the Oakland County Board of
Commissioners Minutes Continued. April 17, 2013
164
Commissioners per Miscellaneous Resolution #11234 for the grant period of October 1, 2010 through September 30, 2011.
3. Oakland County has now received supplemental funding in the amount of $17,457, which is more than a 15% increase over the original award ($51,656), for a total of $69,113.
4. The supplemental funds are a result of procurement issues and unfilled positions within the Michigan State Police, Emergency Management and Homeland Security Division during the
performance period of the FY 2011 grant. 5. Revenues and expenses for this grant are included in the FY 2013 Budget. No budget
amendment is required. FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13083
BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT/HEALTH DIVISION – INCREASE PAYRATE OF CHIEF
– HEALTH DIVISION MEDICAL SERVICES CLASSIFICATION To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Public Health Code Act No 368 of 1978 requires that local health departments
appoint a health officer meeting the qualifications set forth by the State of Michigan; and WHEREAS the Oakland County Health Division employs a licensed medical doctor with a concentration
in Public Health to provide expert support of communicable disease control, and the development and implementation of public health programs to meet the needs of the community; and
WHEREAS in the preceding five years, this position has experienced increased turnover; and WHEREAS the Human Resources Department has made recruiting efforts through extensive advertising;
and WHEREAS recruitment for this position is highly competitive; and
WHEREAS the Human Resources Department has conducted a survey of similar positions in other public entities which revealed that the current pay scale is lower than market average; and
WHEREAS the Human Resources Department is recommending a 15% increase to be applied to the salary of the Chief – Health Division Medical Services classification in order to make it more competitive
in the labor market. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve to
change the salary range of the Chief – Health Division Medical Services to a flat rate of $146,773. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution. HUMAN RESOURCES COMMITTEE FISCAL NOTE (MISC. #13083) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT/HEALTH DIVISION – INCREASE PAYRATE OF CHIEF – HEALTH DIVISION MEDICAL SERVICES CLASSIFICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-G of this Board, the Finance Committee has reviewed the above referenced resolution and finds:
1. The Oakland County Health Division employs a licensed medical doctor with a concentration in Public Health to provide expert support of communicable disease control, and the development and implementation of public health programs to meet the needs of the community.
2. The position is currently filled by a PTNE which Oakland County was granted special permission from the State to temporarily hire while Health & Human Services reviews the options for filling this position permanently.
3. The Human Resources Department has made recruiting efforts through extensive advertising.
4. The Human Resources Department conducted a local salary survey of similar positions and it revealed that the current pay scale is significantly lower than market average.
Commissioners Minutes Continued. April 17, 2013
165
5. The Human Resources Department is recommending a 15% increase to be applied to the salary range for the Chief - Health Division Medical Services classification in order to make it more
competitive in the labor market. 6. The following budget amendment is recommended to the FY 2013 Budget:
General Fund (#10100) 2013 9090101-196030-740037 Non-Dept-Class & Rate Change ($31,289)
1060201-133150-702010 Salaries $19,144 1060201-133150-722900 Fringe Benefit Adj $12,145
Total General Fund Expenditures -0- FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
*REPORT
BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: OAKLAND COUNTY WATER RESOURCES COMMISSIONER – 2012 ANNUAL REPORT
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the Oakland County Drain Commissioner Annual Report on April 9, 2013, recommends that the Board of Commissioners accepts the attached 2012
Annual Report. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report.
PLANNING AND BUILDING COMMITTEE
Copy of 2012 Annual Report Oakland County Office of the Water Resources Commissioner on file in County Clerk’s office.
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13084
BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – PLANNING
AND ECONOMIC DEVELOPMENT SERVICES – SUPPORT OF A 2013 U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION GRANT APPLICATION
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the U.S. Department of Commerce, Economic Development Administration (EDA) provides funding for planning assistance for communities facing economic dislocation due to automotive sector
restructuring through their Planning Program and Local Technical Assistance Initiative; and WHEREAS the City of Pontiac and the region have incurred the brunt of the economic collapse of the
automobile industry including the closure of numerous General Motors Automobile Assembly Plants, the loss of suppliers and support services and the resultant declining tax base; and
WHEREAS the substantial decline in automotive related commerce in the City of Pontiac and the region has additionally resulted in a substantial reduction in community, housing, commercial, and other
economic assets resulting in a burdensome loss of jobs; and WHEREAS as a means to mitigate the effects of the economic downturn, Oakland County intends to
apply for funding for the City of Pontiac to prepare an Economic Recovery Plan which includes the development, and subsequent implementation, of an economic development strategy; and
WHEREAS due to the lack of staff at the City of Pontiac, and that the City of Pontiac remains subject to an emergency financial manager, Oakland County Planning and Economic Development Services
(PEDS) division has agreed to apply for $80,000 in EDA funding and provide an additional $35,000 in in-kind services; and
WHEREAS the in-kind services will be approximately 800 hours of staff time from the Department of Economic Development and Community Affairs over the course of the one-year grant cycle; and
WHEREAS Oakland County will provide the $35,000 match of in-kind services only if the grant is awarded; and
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166
WHEREAS if awarded, Oakland County will serve as grant administrator and will manage the preparation of the grant funded Economic Recovery Plan for the duration of the grant; and
WHEREAS no new staff positions will be required to implement or administer this grant; and WHEREAS the U.S. Department of Commerce EDA grant application guidelines require a resolution of
support from the applicant’s governing body as part of the application process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and
approves the Oakland County Department of Economic Development and Community Affairs grant application on behalf of the City of Pontiac for the U.S. Department of Commerce, Economic
Development Agency Planning Program and Local Technical Assistance Initiative. BE IT FURTHER RESOLVED that Mike Gingell, Chairperson of the Oakland County Board of
Commissioners is the Authorized Representative who will sign and execute this grant if received. BE IT FURTHER RESOLVED that support of this grant application does not obligate the County to any
future commitment if the grant is not awarded and that no special revenue positions are required for acceptance.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant Review Sign Off – Planning and Economic Development Services (PEDS) Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #13084)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS PLANNING AND
ECONOMIC DEVELOPMENT SERVICES – SUPPORT OF A 2013 U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION GRANT APPLICATION
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 Department of Economic Development And Community Affairs has submitted an application to the U.S. Department of Commerce, Economic Development
Administration (EDA) under the Planning Program and Local Technical Assistance Initiative. 2. The grant application in the amount of $80,000 will allow Oakland County to create an economic
recovery plan designed to stimulate and guide the economic development efforts of the City of Pontiac, Michigan.
3. Oakland County Planning and Economic Development Services (PEDS) division will provide an additional $35,000 in in-kind services.
4. Oakland County will serve as grant administrator and will manage the preparation of the grant funded Economic Recovery Plan for the duration of the grant.
5. No new staff positions will be required to implement or administer this grant. 6. A budget amendment is not required.
FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
*FISCAL REPORT (MISC. #13069) BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF ORCHARD LAKE 2013
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution, recommends the following amendment:
Change the contract effective date in the second BE IT FURTHER RESOLVED paragraph: BE IT FURTHER RESOLVED that this contract will take effect on May 1, 2013.
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167
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #13069
BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE – CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF
ORCHARD LAKE 2013 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to
enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS Miscellaneous Resolution #12266 adopted November 1, 2012, established the standard law
enforcement services overtime rates for the period 2013; and WHEREAS the City of Orchard Lake has requested that the Oakland County Sheriff provide patrol
services to the citizens of the City for special events within the City; and WHEREAS the City of Orchard Lake has requested that a contract for special events on an overtime
basis for regular deputies be authorized; and WHEREAS this contract also involves the support of PTNE Mounted Deputies to patrol areas that are not
accessible by other forms of transportation; and WHEREAS the Sheriff has agreed to contract for this service with the City of Orchard Lake; and
WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached contract with the City of Orchard Lake for special events at rates established by this Board. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that this contract will take effect on April 1, 2013.
BE IT FURTHER RESOLVED that one (1) GF/GP PTNE 240 hours/year Mounted Deputy position (4030616-11188) be continued in the Sheriff’s Office/Patrol Services/Contracted Patrol-Parks.
BE IT FURTHER RESOLVED that the continuation of this position be contingent on future contract renewal.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE
Copy of Contract for Auxiliary Sheriff’s Deputy Services for the City of Orchard Lake Village Incorporated
by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #13069) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF ORCHARD LAKE 2013
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:
1. The City of Orchard Lake has requested that the Oakland County Sheriff continue to provide patrol services for special events within the City.
2. Miscellaneous Resolution #12266 authorized the established law enforcement overtime rates for calendar year 2013; the rates stated in this agreement are consistent with the rates established
by this resolution. 3. The dates of the agreement are May 1, 2013 through December 31, 2013.
4. Special event deputy services in the City of Orchard Lake will be performed on an overtime basis and requires the continuation of one (1) GF/GP PTNE 240 hr./yr. Mounted Deputy position
(4030616-11188) in the Parks Unit, Patrol Services Division, of the Sheriff’s Office; no changes in operating expenses are required.
5. No budget amendment is needed; position is currently reflected in the Sheriff’s Office, Patrol Services Division budget.
Commissioners Minutes Continued. April 17, 2013
168
FINANCE COMMITTEE
(The vote for this motion appears on page 168.)
*MISCELLANEOUS RESOLUTION #13085 BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF’S OFFICE – AUTHORIZATION FOR SALE OF RECOVERED AND STOLEN PROPERTY IN SPRING AUCTION
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the provisions of Act 54 of the Public Act of 1959, as amended, requires board authorization for the disposal of recovered and stolen property that has been unclaimed for six (6) months; and
WHEREAS the Department of Central Services conducts a spring and fall auction for the County of Oakland; and
WHEREAS the spring auction will be held on Saturday, May 18, 2013; and WHEREAS the Sheriff of Oakland County, by letter of April 2, 2013, has requested the authority of the
Oakland County Board of Commissioners to proceed with the sale of the aforementioned items, as detailed in the attached list, in the spring auction.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Sheriff of Oakland County to dispose of unclaimed property in the manner prescribed in Act 54 of the Public Acts of
1959, as amended. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Online Auction List – Sold and Disposal of Held Property on file in County Clerk’s office.
Vote on Consent Agenda, as amended:
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford. (20) NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
There were no items to report on the Regular Agenda for the Finance Committee.
REPORT BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY FRIEND OF THE COURT CITIZENS ADVISORY COMMITTEE – FAMILY LAW PRACTICE ATTORNEY
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered this appointment on April 8, 2013 hereby recommends that Henry Gornbein be appointed to the Oakland County Friend of the Court Citizens
Advisory Committee – Family Law Practice Attorney - designated seat for a three-year term beginning July 1, 2013 and ending June 30, 2016.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Copy of Application for Appointment to Oakland County Friend of the Court – Citizens Advisory Committee on file in County Clerk’s office.
Moved by Long supported by Quarles the General Government Report be accepted.
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169
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Quarles, the appointment of Henry Gornbein to the Oakland County Friend
of the Court Citizens Advisory Committee – Family Law Practice Attorney – designated seat for a three-year term beginning July 1, 2013 and ending June 30, 2016 be confirmed.
Vote on appointment:
AYES: Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointment of Henry Gornbein to the Oakland County Friend of the Court Citizens Advisory Committee – Family Law Practice Attorney – designated seat for a
three-year term beginning July 1, 2013 and ending June 30, 2016 was confirmed.
There were no items to report on the Regular Agenda for the Human Resources Committee.
MISCELLANEOUS RESOLUTION #13086 BY: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – REQUEST FOR SPRINGFIELD OAKS LEAKING UNDERGROUND STORAGE TANKS (LUST) SITE – RESTRICTIVE COVENANT (DEED
RESTRICTION) – SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland owns property located along Andersonville Road in Springfield
Township known as Springfield Oaks County Park; and WHEREAS in 1992 a leak in an underground storage tank near the maintenance facility at the golf course
was discovered; and WHEREAS the Oakland County Parks and Recreation Commission has been working with the Michigan
Department of Environmental Quality (MDEQ) to ensure the necessary site remediation is completed; and WHEREAS on February 7, 2008, the Oakland County Board of Commissioners adopted Miscellaneous
Resolution #08025 authorizing the Parks and Recreation Commission accept a $50,000 reimbursement to assist with the remediation and, in addition, adopted Miscellaneous Resolution #09041 on March 5,
2009 authorizing the Parks and Recreation Commission receive a $14,000 increase in reimbursement from the Michigan Department of Environmental Quality; and
WHEREAS the Oakland County Parks and Recreation Commission contracted with Technical Professional Services, Inc. for the partial remediation of the site, excluding a portion of the environmental
plume located under the maintenance facility and which includes a well; and WHEREAS the Oakland County Parks and Recreation Commission contracted with Soil & Materials
Engineers, Inc. to complete the necessary remediation specifications, drawings, closure report and restrictive covenant (deed restriction); and
WHEREAS the Oakland County Parks and Recreation Commission received MDEQ approval of the restricted area of the covenant which is approximately 1.89 acres, including the well, which restricts any
further installation of water wells within the described area; and WHEREAS the Oakland County Parks and Recreation Commission hereby requests that the Oakland
County Board of Commissioners authorizes and approves the attached Declaration of Restrictive Covenant (Deed Restriction) of approximately 1.89 acres at Springfield Oaks County Park with the
Michigan Department of Environmental Quality. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and
approves the attached Declaration of Restrictive Covenant (Deed Restriction) of approximately 1.89 acres at Springfield Oaks County Park with the Michigan Department of Environmental Quality.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or his designee to execute said Restrictive Covenant on behalf of the County of Oakland.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.
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170
PLANNING AND BUILDING COMMITTEE
Copy of Declaration of Restrictive Covenant, Exhibit 1 – Legal Description of Property and Exhibit 2 – Survey and Legal Description of Restricted Property on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #13087
BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: PUBLIC SERVICES DEPARTMENT – MEDICAL EXAMINER’S OFFICE POSITION DELETION
AND CREATION To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the Medical Examiner’s Office (MEO) utilizes MEO Assistant positions to perform clerical
support for the Division including medical transcription; and WHEREAS the Medical Examiner’s Office is a 24 hour, seven day per week operation; and
WHEREAS the FY 2009 Budget tasks resulted in the deletion of three (3) FTE MEO Assistant positions and the creation of four (4) FTNE MEO Assistant positions to help in meeting the assigned budget task;
and WHEREAS in the preceding four (4) years, the Medical Examiner’s Office has experienced a high
turnover of its PTNE clerical staff; and WHEREAS the Medical Examiner’s Office has reviewed its operations and has determined that having a
full-time eligible MEO Assistant on staff would provide more stability to the Division’s operations; and WHEREAS the Medical Examiner’s Office is requesting to delete one (1) FTNE 2,000 hours per year
GF/GP funded position; and WHEREAS the Medical Examiner’s Office is also requesting to create one (1) FTE GF/GP funded MEO
Assistant position to provide consistent coverage and support; and WHEREAS Miscellaneous Resolution #13055 increased cremation permit fees, which will provide
additional revenue for the Medical Examiner’s Office. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves to
delete one (1) FTNE 2,000 hours per year GF/GP funded MEO Assistant position (1070601-10800). BE IT FURTHER RESOLVED that to create one (1) FTE GF/GP funded MEO Assistant position.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #13088 BY: Commissioners Mike Bosnic, District #16; Robert Gosselin, District #11; Gary McGillivray, District #20
RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION – CITY OF TROY – CONCRETE SLAB REPLACEMENT ON CROOKS, LONG
LAKE, LIVERNOIS AND BIG BEAVER ROADS- PROJECT NO. 51751 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the 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 project account; and
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171
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits 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; and
WHEREAS the City of Troy, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Troy and said appropriation has been transferred to a project account; and
WHEREAS the City of Troy has demonstrated that it has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one third (1/3) share of the Fiscal Year 2013 authorized amount of Tri-Party Road Improvement funding for Project No. 51751 in the City of Troy is $177,693.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Troy and authorizes the release of Tri-Party Road
Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement,
which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution.
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of
Troy. Chairperson, we move the adoption of the foregoing resolution.
MIKE BOSNIC, ROBERT GOSSELIN, GARY MCGILLIVRAY
Copy of letter from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board, RCOC, memo from
Thomas G. Noechel, Programming Supervisor, RCOC, Cost Participation Agreement, Exhibit A – Estimated Project Cost, Exhibit B – Provisions, and Exhibit C – Liability and Insurance Requirements on
file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #13089 BY: Commissioners Bill Dwyer, District #14; Marcia Gershenson, District #13
RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION – CITY OF FARMINGTON HILLS – PRELIMINARY ENGINEERING FOR
ORCHARD LAKE ROAD CAPACITY IMPROVEMENT – PROJECT NO. 50641 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the 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 project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
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4. The Commissioner(s) representing the CVT requesting the project submits 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; and
WHEREAS the City of Farmington Hills, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Farmington Hills and said appropriation has been transferred to a project account; and
WHEREAS the City of Farmington Hills has demonstrated that it has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one third (1/3) share of the Fiscal Year 2013 authorized amount of Tri-Party Road Improvement funding for Project No. 50641 in the City of Farmington Hills is $49,867.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Farmington Hills and authorizes the release of Tri-Party
Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement,
which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution.
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of
Farmington Hills. Chairperson, we move the adoption of the foregoing resolution.
BILL DWYER, MARCIA GERSHENSON
Copy of letter from Patricia Z. Wierzbicki, Deputy-Scretary/Clerk of the Board, RCOC, Memo from Thomas G. Noechel, Programming Supervisor, RCOC, Cost Participation Agreement, and Exhibit A –
Estimated Project Cost on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
The Board adjourned at 8:05 p.m. to the call of the Chair or May 9, 2013, at 9:30 a.m.
LISA BROWN MICHAEL J. GINGELL Clerk Chairperson