HomeMy WebLinkAboutMinutes - 2013.10.30 - 7917593
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
October 30, 2013
Meeting called to order by Chairperson Michael Gingell at 7:12 p.m. in the Courthouse Auditorium, 1200
N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert,
Woodward. (20) EXCUSED ABSENCE WITH NOTICE: Zack. (1)
Quorum present.
Invocation given by Janet Jackson
Pledge of Allegiance to the Flag.
Moved by Dwyer supported by McGillivray the minutes of the October 17, 2013 Board Meeting be
approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Taub supported by Hatchett the agenda be amended, as follows: ITEMS NOT ON BOARD AGENDA
PUBLIC SERVICES COMMITTEE a. Sheriff’s Office – Fiscal Year 2014 Secondary Road Patrol and Traffic Accident Prevention
Program Grant Acceptance (Reason for Suspension Waiver of Rule III and Rule XIIC – Resolution was taken up by both Public
Services Committee and Human Resources Committee immediately prior to today’s meeting. (Fiscal Note was taken up by the Finance Committee on 10/24/13.))
FINANCE COMMITTEE
c. Resolution Approving a Superseding Contract Between the County and the 2013 Superseding Oakland County Retiree Medical Benefits Trust.
(Reason for Suspension Waiver of Rule III and Rue XIIC – Resolution was taken up by Human Resources Committee immediately prior to today’s meeting. (Fiscal Note was taken up by the Finance
Committee on 10/24/13.))
d. Resolution Approving the 2013 Superseding Oakland County Retiree Medical Benefits Plan. (Reason for Suspension Waiver of Rule III XIIC – Resolution was taken up by Human Resources
Committee immediately prior to today’s meeting. (Finance Committee on 10/24/13.))
Commissioners Minutes Continued. October 30, 2013
594
Please Remove: General Government Committee item b.: Miscellaneous Resolution #13252 entitled – Board of
Commissioners – Amendment to the Board Rules Pertaining to the Procedure to Bring Matters before the Board – Establishment of a Study Group from the Regular Agenda.
Vote on the agenda, as amended:
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward,
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 take a personal privilege and welcome the
Leadership Oakland Class.
Chairperson Michael Gingell addressed the Board to introduce Commissioner Taub.
Commissioner Taub addressed the Board and asked Commissioners Woodward, Gershenson, Dwyer and Matis to join her in presenting a proclamation to Bill and Maria Roberts honoring them for providing
food for a myriad of charitable events over the years, including the Children’s Leukemia Foundation of Michigan, CARE House, Gleaners Community Food Bank, and numerous others. They have also
provided hundreds of gift-certificates annually for charitable events. They have supported fighting afflictions such as Leukemia, Lymphoma, Breast Cancer, AIDS, and Alzheimer’s. In addition, they
contribute to numerous hospitals in Oakland County. Their giving spirit has aided thousands of residents and organizations in Oakland County, which include the Child Abuse & Neglect Council, Vista Maria,
Grace Centers of Hope, Forgotten Harvest, HAVEN, Michigan Humane Society, the RESTORE Foundation, and the Detroit Zoo.
Bill Roberts addressed the Board.
Chairperson Michael Gingell addressed the Board to introduce Dr. Grenae Dudley, PH.D. Department of
Human Services Board Chair
Dr. Grenae Dudley, PH.D. Department of Human Services Board Chair addressed the Board to give a presentation on Oakland County Department of Human Services Board 2013 Annual Report to Oakland
County Board of Commissioners. She also acknowledged the following Board members and Staff: Margaret Warner, Department of Human Services, Board Vice-Chair, Sherrie C. Ross, Esq.,
Department of Human Services, Board member, Vicki Cooley, Department of Human Services, Acting Director Cash Assistance and Sue Hull, Department of Human Services, Director Child Welfare.
Discussion followed.
Oakland County Clerk – Register of Deeds, Lisa Brown read a Communication from Susan M. Daniels
President & CEO, LeaderDogs for the Blind thanking the Oakland County Board of Commissioners for their gift in memory of Roy Rewold. The communication was received and filed.
Oakland County Clerk – Register of Deeds, Lisa Brown read a Communication from Chairperson Michael
Gingell appointing Gary Frick as an Alternate on the Sanitary Code of Appeals Board effective immediately. There were no objections the appointment was confirmed.
The following people addressed the Board during public comment: Pauline Hoelton, John Hoelton, Alicia
Long, Kyle McGrath and Genie Tower.
Commissioners Minutes Continued. October 30, 2013
595
Moved by Crawford supported by Quarles 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 613. The resolutions on the amended Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #13277
BY: Commissioner John Scott, District #5 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2014 APPROPRIATION – CITY OF SYLVAN LAKE – ORCHARD LAKE AT INVERNESS- PROJECT NO. 52001
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 Sylvan Lake, 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 Sylvan
Lake and said appropriation has been transferred to a project account; and WHEREAS the City of Sylvan Lake 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 1/3 share of the Fiscal Year 2014 authorized amount of Tri-Party Road
Improvement funding for Project 52001 in the City of Sylvan Lake is $5,625. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the City of Sylvan Lake 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 Sylvan Lake.
Chairperson, I move the adoption of the foregoing Resolution. JOHN SCOTT
Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, Correspondence from Thomas G. Noechel, Programming Supervisor for the Oakland County Road Commission, Cost Participation Agreement, Exhibit A, Exhibit B and Exhibit C
Incorporated by Reference. Original on file in County Clerk’s office.
Commissioners Minutes Continued. October 30, 2013
596
FISCAL NOTE (MISC. #13277)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2014 APPROPRIATION – CITY OF SYLVAN LAKE – ORCHARD LAKE ROAD AT INVERNESS- PROJECT NO. 52001
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 31, 2012, the Board of Commissioners approved Miscellaneous Resolution #12322 which designated $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 $5,625 is available in the General Fund Assigned Fund Balance for Tri-Party 2014
and prior funding (account #383510) for Project No. 52001. 3. This project is for the resurfacing of the north lane on westbound Orchard Lake Road at
Inverness. 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 2014 budget is amended as follows:
GENERAL FUND (#10100) FY 2014
Revenue 9010101-196030-665882 Planned Use of Fund Balance $5,625
Total Revenues $5,625
Expenditures 9010101-153010-740135 Road Commission Tri-Party $5,625
Total Expenditures $5,625 FINANCE COMMITTEE
(The vote for this motion appears on page 613.)
*MISCELLANEOUS RESOLUTION #13278
BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FOURTH QUARTER 2013
DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS all development cost is incorporated as a single appropriation within the non-departmental
budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and
WHEREAS the Department of Information Technology has determined the Fourth Quarter 2013 development charges to be $974,516.69 for the General Fund/General Purpose County departments; and
WHEREAS direct charges to Special Revenue and Proprietary fund departments are $334,663.63 and non-county agencies are $3,338.93 for the Fourth Quarter 2013; and
WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Fourth Quarter 2013 Development Report and approves the Fourth Quarter appropriation transfer as
specified on the attached schedule.
Commissioners Minutes Continued. October 30, 2013
597
BE IT FURTHER RESOLVED that the respective departmental Fiscal Year 2013 budgets are to be amended as specified in the attached detail schedule.
FINANCE COMMITTEE
Copy of Information Technology Development Summary 4th Quarter 2013 and Information Technology – Reserve Fund Development/Support Detail – Fourth Quarter 2013 on file in County Clerk’s office.
The vote for this motion appears on page 613.)
*REPORT (MISC. #13279)
BY: Human Resources Committee, John Scott, Chairperson IN RE: RESOLUTION APPROVING A SUPERSEDING CONTRACT BETWEEN THE COUNTY AND
THE 2013 SUPERSEDING OAKLAND COUNTY RETIREE MEDICAL BENEFITS TRUST To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on October 30,
2013, reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report. HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #13279
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: RESOLUTION APPROVING A SUPERSEDING CONTRACT BETWEEN THE COUNTY AND
THE 2013 SUPERSEDING OAKLAND COUNTY RETIREE MEDICAL BENEFITS TRUST
To The Oakland County Board Of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County VEBA (the “VEBA Trust”) is a trust established by the Oakland County
VEBA Trust Agreement effective as of October 1, 2000 between the County and the Trustees described
therein (or their successors, the “VEBA Trustees”), as amended, for the purposes of (i) accumulating the
funds needed to pay for Retiree Medical Benefits and (ii) receiving contributions for that purpose from the
County; and
WHEREAS pursuant to an enabling ordinance enacted by the Oakland County Board of Commissioners
on June 14, 2007 (the “Funding Ordinance”) authorizing an alternate funding mechanism for the County
to amortize its estimated unfunded accrued actuarial liabilities for Retiree Medical Benefits for certain
retirees and certain active employees of the County, and their eligible dependents, as of October 1, 2006
(the “Designated Liabilities”) over a period ending April 1, 2027 (the “Funding Period”); and
WHEREAS the County established an intermediate trust (the “Intermediate Trust”) to irrevocably receive
a certain amount of the net proceeds (the “Funding Proceeds”) from the sale by the 2007 Oakland County
Retiree Medical Benefits Funding Trust (the “Funding Trust”) of its Taxable Certificates of Participation,
Series 2007 (the “Certificates”) and to hold, invest and distribute to the Intermediate Trust (defined below)
assets, all in accordance with such trust agreement, as it may be amended in accordance with its terms;
and
WHEREAS the County has authorized and entered into the 2007 Oakland County Retiree Medical
Benefits Contract (the “Contract”) with the Funding Trust to assist it in exercising its essential
governmental function of providing post-retirement health benefits for its eligible employees, their
spouses and eligible dependents and in satisfying its contractual obligations to provide Retiree Medical
Benefits by issuing and selling the Certificates and the County has made Contract Payments to the
Funding Trust pursuant to the Contract in order to satisfy its obligations to the Funding Trust; and
WHEREAS the Funding Trust provides:
In the event that any health care benefits plan, program or arrangement becomes
effective during the period that any Certificates are outstanding with the effect of
supplanting and superseding the County’s obligations to pay for all of the costs of
providing retiree medical benefits (the Optional Prepayment Trigger), the Intermediate
Commissioners Minutes Continued. October 30, 2013
598
Trust will have fulfilled its designated purpose, and then (i) all, or the applicable portion
(as the case may be), of the then existing assets of the Intermediate Trust, to the extent
no longer needed to pay future costs of providing County retiree medical benefits, shall
be deemed Surplus Intermediate Trust Assets, and (ii) if the County, at its option and in
its sole discretion, gives written notice to the Trustee, with a copy to the Trustees of the
Intermediate Trust, of the County’s irrevocable election to optionally redeem all or a
portion (to the extent of the available Surplus Intermediate Trust Assets) of the then
outstanding principal amount of the Certificates through an Optional Prepayment as
defined in the Contract, then the Intermediate Trust shall (A) transfer all or a portion (as
the case may be) of the available Surplus Intermediate Trust Assets to the Trustee as
such optional prepayment for and on behalf of the County and (B) promptly give written
notice thereof to the County.
WHEREAS effective October 9, 2012, the Michigan legislature enacted an amendment to Public Act No.
34 of the Public Acts of Michigan of 2001, as amended (“Act 34”) into law. Said Act, as amended,
provided the County the power to take various actions in connection with refunding of the County’s
existing contractual obligations under the Contract including establishing a new grantor trust to implement
the covering of the County’s retirees health care liability which was the first step in permitting the County
to put in effect a new health care benefits “plan, program or arrangement” (the “Superseding Plan”) which
will have the effect of supplanting and superseding the County’s obligations under the Contract; and
WHEREAS, the County has issued $350,000,000 of refunding bonds (the “Refunding Bonds”) for the
purpose of refunding, as permitted in Public Act No. 329 of the Public Acts of Michigan of 2012, the
existing obligations under the Contract which was the second step in implementing the Superseding Plan;
and
WHEREAS the County is not at present contractually obligated to keep the VEBA Trust fully funded and
in fact the VEBA Trust has always had a retirees medical benefit (“RMB”) unfunded actuarial accrued
liability (“UAAL”) ever since the Certificates were issued; and
WHEREAS as a part of a new “Plan, Program or Arrangement” the County intends to contract with a new
Superseding Trust to provide, through such Trust, a mechanism which will keep the VEBA fund at a level
where VEBA assets are always equal to at least 100% of the amount necessary to avoid any RMB UAAL,
if required through future ARC payments amortizing the UAAL until such time as the UAAL is fully funded;
and
WHEREAS the County, as permitted by Act 34, created a new grantor trust, the 2013 Superseding
Oakland County Retiree Medical Benefits Trust (the “Superseding Trust”), which will enter into a new
contract (the “Superseding Contract”) with the County under which Superseding Contract, the County will
be obligated to the Superseding Trust to do the following:
A. Pay to the Superseding Trust on April 1, 2014, an amount based on the September 30, 2013
actuarial report received by the County from its actuary so that, based on the actuarial
assumptions contained therein, as of April 1, 2014 the VEBA Trust will be fully funded with no
retiree medical benefits (“RMB”) unfunded actuarial accrued liability (“UAAL”); and
B. In all future years, after April 1, 2014, transfer the actuarially required contribution (“ARC”) as
determined by the actuary to be made to the VEBA Trust no later than eighteen months after the
September 30th for which the actuarial report applies.
WHEREAS once the County enters into the Superseding Contract with the Superseding Trust (which will
require sufficient funds to be on deposit in the future in the VEBA Trust) the ultimate beneficiaries of the
new “plan, program or arrangement” (the County’s employees and County’s taxpayers) are in a
substantially better protected position than they are at the present.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF
OAKLAND, MICHIGAN, AS FOLLOWS:
1. The Superseding Contract between the County of Oakland and the 2013 Superseding Oakland
County Retiree Medical Benefits Trust (the “Superseding Trust”), attached hereto as Appendix A
is hereby approved.
2. The Oakland County Executive or any Deputy County Executive, acting on behalf of the County
Executive, or any one or more of them, and each of them is, at any time hereafter and without
Commissioners Minutes Continued. October 30, 2013
599
further action by or authority or direction from the Board of Commissioners of the County,
authorized to execute (by manual or facsimile signature) and deliver the Superseding Contract in
substantially the form presented at this meeting, including such changes in or additions to such
form (including, but not limited to, completing any blanks therein) as the officials executing the
same may determine to be necessary or advisable, and that the execution of the Contract by
such officials on behalf of this County shall be conclusive evidence of their determination in that
respect.
3. The Oakland County Executive or any Deputy County Executive, acting on behalf of the County
Executive, or any one or more of them, and each of them is, at any time hereafter and without
further action by or authority or direction from the Board of Commissioners of the County,
authorized to execute and deliver or cause to be executed and delivered all such other and
further agreements, requests, statements, instruments and documents and to do or cause to be
done all such other and further acts and things as any such official, attorney or agent may
determine to be necessary or advisable under or in connection with the Superseding Contract or
this resolution, and that the execution by any such official, attorney or agent of any such
agreement, request, statement, instrument or document or the doing of any such act or thing shall
be conclusive evidence of his/her or their determination in that respect.
4. This resolution shall take immediate effect upon its adoption and the signature of the Oakland
County Executive indicating his approval.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
APPENDIX A
SUPERSEDING CONTRACT
THIS SUPERSEDING CONTRACT (“Superseding Contract”) made as of _________, 2013, by
and between the 2013 SUPERSEDING OAKLAND COUNTY RETIREE MEDICAL BENEFITS TRUST
(the “Superseding Trust”), a trust organized and existing under and pursuant to the provisions of Act No.
329, Public Acts of Michigan, of 2012, which amended Act. No. 34 of the Public Acts of Michigan of 2001
(“Act 34”), and the COUNTY OF OAKLAND, a County of the State of Michigan (the “County”),
W I T N E S S E T H:
WHEREAS the Oakland County VEBA (the “VEBA Trust”) is a trust established by the Oakland County
VEBA Trust Agreement effective as of October 1, 2000 between the County and the Trustees described
therein (or their successors, the “VEBA Trustees”), as amended, for the purposes of (i) accumulating the
funds needed to pay for Retiree Medical Benefits and (ii) receiving contributions for that purpose from the
County;
WHEREAS pursuant to an enabling ordinance enacted by the Oakland County Board of Commissioners
on June 14, 2007 (the “Funding Ordinance”) authorizing an alternate funding mechanism for the County
to amortize its estimated unfunded accrued actuarial liabilities for Retiree Medical Benefits for certain
retirees and certain active employees of the County, and their eligible dependents, as of October 1, 2006
(the “Designated Liabilities”) over a period ending April 1, 2027 (the “Funding Period”);
WHEREAS the County established an intermediate trust (the “Intermediate Trust”) to irrevocably receive
a certain amount of the net proceeds (the “Funding Proceeds”) from the sale by the 2007 Oakland County
Retiree Medical Benefits Funding Trust (the “Funding Trust”) of its Taxable Certificates of Participation,
Series 2007 (the “Certificates”) and to hold, invest and distribute to the Intermediate Trust (defined below)
assets, all in accordance with such trust agreement, as it may be amended in accordance with its terms;
WHEREAS the County has authorized and entered into the 2007 Oakland County Retiree Medical
Benefits Contract (the “Contract”) with the Funding Trust to assist it in exercising its essential
governmental function of providing post-retirement health benefits for its eligible employees, their
Commissioners Minutes Continued. October 30, 2013
600
spouses and eligible dependents and in satisfying its contractual obligations to provide Retiree Medical
Benefits by issuing and selling the Certificates and the County has made Contract Payments to the
Funding Trust pursuant to the Contract in order to satisfy its obligations to the Funding Trust;
WHEREAS the Funding Trust provides:
In the event that any health care benefits plan, program or arrangement becomes
effective during the period that any Certificates are outstanding with the effect of
supplanting and superseding the County’s obligations to pay for all of the costs of
providing retiree medical benefits (the Optional Prepayment Trigger), the Intermediate
Trust will have fulfilled its designated purpose, and then (i) all, or the applicable portion
(as the case may be), of the then existing assets of the Intermediate Trust, to the extent
no longer needed to pay future costs of providing County retiree medical benefits, shall
be deemed Surplus Intermediate Trust Assets, and (ii) if the County, at its option and in
its sole discretion, gives written notice to the Trustee, with a copy to the Trustees of the
Intermediate Trust, of the County’s irrevocable election to optionally redeem all or a
portion (to the extent of the available Surplus Intermediate Trust Assets) of the then
outstanding principal amount of the Certificates through an Optional Prepayment as
defined in the Contract, then the Intermediate Trust shall (A) transfer all or a portion (as
the case may be) of the available Surplus Intermediate Trust Assets to the Trustee as
such optional prepayment for and on behalf of the County and (B) promptly give written
notice thereof to the County.
WHEREAS effective October 9, 2012, the Michigan legislature enacted an amendment to Public Act No.
34 of the Public Acts of Michigan of 2001, as amended (“Act 34”) into law. Said Act, as amended,
provided the County the power to take various actions in connection with refunding of the County’s
existing contractual obligations under the Contract including establishing a new grantor trust to implement
the covering of the County’s retirees health care liability which was the first step in permitting the County
to put in effect a new health care benefits “plan, program or arrangement” (the “Superseding Plan”) which
will have the effect of supplanting and superseding the County’s obligations under the Contract;
WHEREAS the County has issued $350,000,000 of refunding bonds (the “Refunding Bonds”) for the
purpose of refunding, as permitted in Public Act No. 329 of the Public Acts of Michigan of 2012, the
existing obligations under the Contract which was the second step in implementing the Superseding Plan;
WHEREAS the County is not at present contractually obligated to keep the VEBA Trust fully funded and
in fact the VEBA Trust has always had a retirees medical benefit (“RMB”) unfunded actuarial accrued
liability (“UAAL”) ever since the Certificates were issued; and
WHEREAS as a part of a new “Plan, Program or Arrangement” the County intends to contract with a new
Superseding Trust to provide, through such Trust, a mechanism which will keep the VEBA fund at a level
where VEBA assets are always equal to at least 100% of the amount necessary to avoid any RMB UAAL,
if required through future ARC payments amortizing the UAAL until such time as the UAAL is fully funded;
and
WHEREAS the County, as permitted by Act 34, created a new grantor trust, the 2013 Superseding
Oakland County Retiree Medical Benefits Trust (the “Superseding Trust”), which will enter into a new
contract (the “Superseding Contract”) with the County under which Superseding Contract, the County will
be obligated to the Superseding Trust to do the following:
A. Pay to the Superseding Trust on April 1, 2014, an amount based on the September 30, 2013
actuarial report received by the County from its actuary so that, based on the actuarial
assumptions contained therein, as of April 1, 2014 the VEBA Trust will be fully funded with no
retiree medical benefits (“RMB”) unfunded actuarial accrued liability (“UAAL”); and
B. In all future years, after April 1, 2014, transfer the actuarially required contribution (“ARC”) to the
Superseding Trust as determined by the actuary to be made to the VEBA Trust no later than
eighteen months after the September 30th for which the actuarial report applies.
WHEREAS once the County enters into the Superseding Contract with the Superseding Trust (which will
require sufficient funds to be on deposit in the future in the VEBA Trust) the ultimate beneficiaries of the
Commissioners Minutes Continued. October 30, 2013
601
new “plan, program or arrangement” (the County’s employees and County’s taxpayers) are in a
substantially better protected position than they are at the present; and
THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS SET
FORTH BELOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS SUPERSEDING
CONTRACT AS FOLLOWS:
1. County Obligations. The County of Oakland hereby agrees to do the following on the dates
specified:
a. Pay to the Superseding Trust on April 1, 2014, an amount based on the September 30, 2013
actuarial report received by the County from its actuary so that, based on the actuarial
assumptions contained therein, as of April 1, 2014 the VEBA Trust will be fully funded with no
retiree medical benefits (“RMB”) unfunded actuarial accrued liability (“UAAL”).
b. In all future years, after April 1, 2014, transfer to the Superseding Trust the actuarially required
contribution (“ARC”) as determined by the actuary to be made to the VEBA Trust no later than
eighteen months after the September 30th for which the actuarial report applies except in a year
where the Superseding Trust already has on deposit in the Superseding Trust sufficient assets to
pay the ARC payment without any further contribution. At the County’s option, and its sole
discretion, the County may in any year transfer to the Superseding Trust extra amounts to insure
that the Superseding Trust will have sufficient assets on deposit to meet its obligations under the
contract to the VEBA Trust.
2. Superseding Trust Obligations. The Superseding Trust agrees to do the following:
a. On April 30, 2014, pay to the VEBA all amounts paid to it by the County based on the September
30, 2013 actuarial report so that based on the actuarial assumptions contained in the actuarial
report on the VEBA received by the County so that based on the actuarial assumption contained
therein, as of April 30, 2014, the VEBA will be fully funded with no retiree medical benefits(“RMB”)
unfunded actuarial accrued liability (“UAAL”).
b. In all future years, after April 1, 2014, on April 30th to transfer to the Superseding Trust the
actuarially required contribution (“ARC”) as determined by the actuary to be made to the VEBA
Trust no later than eighteen months after the September 30th for which the actuarial report
applies.
3. Miscellaneous.
a. Effective Date. This Contract shall become effective after approval by the Board of
Commissioners of the County and execution by the authorized official of the County and the
Trustees of the Superseding Trust. It shall terminate when the VEBA has completed its
obligations and has ceased to operate.
b. Counterparts. This Contract may be executed in several counterparts each of which shall be
deemed one and the same agreement. It shall be binding upon and inure to the benefit of the
parties to it and their respective successors and assigns.
c. Full Force and Effect. This Contract is not contingent upon any future event and shall be in full
force from the date of its execution.
d. Governing Law. This Contract shall be interpreted under the laws of the State of Michigan.
e. Authority. Each party warrants and represents that the execution and performance of this
Contract have been duly authorized by all necessary action and do not contravene any policy,
resolution or controlling rule.
f. Entire Agreement. This Agreement sets forth the entire agreement between the County and the
Superseding Trust with respect to the subject matter of this Contract.
g. Captions and Bylines. The captions and bylines used in this Contract are for the convenience of
reference only and in no way define, limit or describe the scope of intent of any provisions of this
Agreement.
h. Use of the Singular. The use in this Contract of the singular shall be deemed to be and include
the plural (and vice versa) where applicable.
IN WITNESS WHEREOF, the 2013 SUPERSEDING OAKLAND COUNTY RETIREE MEDICAL
BENEFITS TRUST, by its Trustees, and the COUNTY OF OAKLAND, by its Board of Commissioners,
have caused this Superseding Contract to be signed from the County’s perspective by its duly authorized
Commissioners Minutes Continued. October 30, 2013
602
officers, and from the Trust’s perspective by the signature of its individual Trustees and their seals to be
affixed hereto, all as of the day and year first above written.
Commissioners Minutes Continued. October 30, 2013
603
WITNESSES TO SIGNATURES 2013 SUPERSEDING OAKLAND COUNTY OF TRUSTEES: RETIREE MEDICAL BENEFITS TRUST
________________________ By: __________________________________
_____________________
________________________ By: _________________________________ ______________________
________________________ By: __________________________________
_____________________
________________________ By: _________________________________ ______________________
________________________ By: _________________________________
______________________
WITNESSES TO SIGNATURES COUNTY OF OAKLAND OF COUNTY OFFICERS:
_______________________ By: __________________________________
Chairperson, Board of Commissioners
_______________________ By: __________________________________ County Clerk
las.r12-oak248
STATE OF MICHIGAN)
)ss.
COUNTY OF OAKLAND)
On this ____ day of __________, ____, before me appeared ________________ and
________________, to me personally known, who being by me duly sworn, did each say that they are,
respectively, the ____________ and the ___________ of the Board of Trustees of the 2013
SUPERSEDING OAKLAND COUNTY RETIREE MEDICAL BENEFITS TRUST and that the foregoing
Superseding Contract was signed and sealed by them on behalf of the Trust by authority of its Board of
Trustees, and that such persons acknowledged such instrument to be the free act and deed of the
Authority.
____________________________________
Notary Public, Oakland County,
Michigan
Commissioners Minutes Continued. October 30, 2013
604
My Commission Expires: _________
(Seal)
STATE OF MICHIGAN)
)ss.
COUNTY OF OAKLAND)
On this ____ day of ____________, ____, before me appeared _______________________ and
_________________, to me personally known, who being by me duly sworn, did each say that they are,
respectively, the Chairperson of the Board of Commissioners and the County Clerk of the COUNTY OF
OAKLAND and that the foregoing Superseding Contract was signed and sealed by them on behalf of the
County by authority of its Board of Commissioners, and that such persons acknowledged such instrument
to be the free act and deed of the County.
____________________________________
Notary Public, Oakland County,
Michigan
My Commission Expires: _________
(Seal)
(The vote for this motion appears on page 613.)
*REPORT (MISC. #13280) BY: Human Resources Committee, John Scott, Chairperson
IN RE: RESOLUTION APPROVING THE 2013 SUPERSEDING OAKLAND COUNTY RETIREE MEDICAL BENEFITS PLAN
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above referenced resolution on October 30, 2013, reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #13280
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: RESOLUTION APPROVING THE 2013 SUPERSEDING OAKLAND COUNTY RETIREE
MEDICAL BENEFITS PLAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County VEBA (the “VEBA Trust”) is a trust established by the Oakland County
VEBA Trust Agreement effective as of October 1, 2000 between the County and the Trustees described
therein (or their successors, the “VEBA Trustees”), as amended, for the purposes of (i) accumulating the
funds needed to pay for Retiree Medical Benefits and (ii) receiving contributions for that purpose from the
County; and
WHEREAS pursuant to an enabling ordinance enacted by the Oakland County Board of Commissioners
on June 14, 2007 (the “Funding Ordinance”) authorizing an alternate funding mechanism for the County
to amortize its estimated unfunded accrued actuarial liabilities for Retiree Medical Benefits for certain
retirees and certain active employees of the County, and their eligible dependents, as of October 1, 2006
(the “Designated Liabilities”) over a period ending April 1, 2027 (the “Funding Period”); and
WHEREAS the County established an intermediate trust (the “Intermediate Trust”) to irrevocably receive
a certain amount of the net proceeds (the “Funding Proceeds”) from the sale by the 2007 Oakland County
Commissioners Minutes Continued. October 30, 2013
605
Retiree Medical Benefits Funding Trust (the “Funding Trust”) of its Taxable Certificates of Participation,
Series 2007 (the “Certificates”) and to hold, invest and distribute to the Intermediate Trust (defined below)
assets, all in accordance with such trust agreement, as it may be amended in accordance with its terms;
and
WHEREAS the County has authorized and entered into the 2007 Oakland County Retiree Medical
Benefits Contract (the “Contract”) with the Funding Trust to assist it in exercising its essential
governmental function of providing post-retirement health benefits for its eligible employees, their
spouses and eligible dependents and in satisfying its contractual obligations to provide Retiree Medical
Benefits by issuing and selling the Certificates and the County has made Contract Payments to the
Funding Trust pursuant to the Contract in order to satisfy its obligations to the Funding Trust; and
WHEREAS the Funding Trust provides:
In the event that any health care benefits plan, program or arrangement becomes
effective during the period that any Certificates are outstanding with the effect of
supplanting and superseding the County’s obligations to pay for all of the costs of
providing retiree medical benefits (the Optional Prepayment Trigger), the Intermediate
Trust will have fulfilled its designated purpose, and then (i) all, or the applicable portion
(as the case may be), of the then existing assets of the Intermediate Trust, to the extent
no longer needed to pay future costs of providing County retiree medical benefits, shall
be deemed Surplus Intermediate Trust Assets, and (ii) if the County, at its option and in
its sole discretion, gives written notice to the Trustee, with a copy to the Trustees of the
Intermediate Trust, of the County’s irrevocable election to optionally redeem all or a
portion (to the extent of the available Surplus Intermediate Trust Assets) of the then
outstanding principal amount of the Certificates through an Optional Prepayment as
defined in the Contract, then the Intermediate Trust shall (A) transfer all or a portion (as
the case may be) of the available Surplus Intermediate Trust Assets to the Trustee as
such optional prepayment for and on behalf of the County and (B) promptly give written
notice thereof to the County.
WHEREAS effective October 9, 2012, the Michigan legislature enacted an amendment to Public Act No.
34 of the Public Acts of Michigan of 2001, as amended (“Act 34”) into law. Said Act, as amended,
provided the County the power to take various actions in connection with refunding of the County’s
existing contractual obligations under the Contract including establishing a new grantor trust to implement
the covering of the County’s retirees health care liability which was the first step in permitting the County
to put in effect a new health care benefits “plan, program or arrangement” (the “Superseding Plan”) which
will have the effect of supplanting and superseding the County’s obligations under the Contract; and
WHEREAS the County has issued $350,000,000 of refunding bonds (the “Refunding Bonds”) for the
purpose of refunding, as permitted in Public Act No. 329 of the Public Acts of Michigan of 2012, the
existing obligations under the Contract which was the second step in implementing the Superseding Plan;
and
WHEREAS the County is not at present contractually obligated to keep the VEBA Trust fully funded and
in fact the VEBA Trust has always had a retirees medical benefit (“RMB”) unfunded actuarial accrued
liability (“UAAL”) ever since the Certificates were issued; and
WHEREAS as a part of a new “Plan, Program or Arrangement” the County intends to contract with a new
Superseding Trust to provide, through such Trust, a mechanism which will keep the VEBA fund at a level
where VEBA assets are always equal to at least 100% of the amount necessary to avoid any RMB UAAL,
if required through future ARC payments amortizing the UAAL until such time as the UAAL is fully funded;
and
WHEREAS the County, as permitted by Act 34, created a new grantor trust, the 2013 Superseding
Oakland County Retiree Medical Benefits Trust (the “Superseding Trust”), which will enter into a new
contract (the “Superseding Contract”) with the County under which Superseding Contract, the County will
be obligated to the Superseding Trust to do the following:
A. Pay to the new grantor trust on April 1, 2014, an amount based on the September 30, 2013
actuarial report received by the County from its actuary so that, based on the actuarial
Commissioners Minutes Continued. October 30, 2013
606
assumptions contained therein, as of April 1, 2014 the VEBA Trust will be fully funded with no
retiree medical benefits (“RMB”) unfunded actuarial accrued liability (“UAAL”).
B. In all future years, after April 1, 2014, transfer the actuarially required contribution (“ARC”) as
determined by the actuary to be made to the VEBA Trust no later than eighteen months after the
September 30th for which the actuarial report applies; and
WHEREAS once the County enters into the Superseding Contract with the Superseding Trust (which will
require sufficient funds to be on deposit in the future in the VEBA Trust) the ultimate beneficiaries of the
new “plan, program or arrangement” (the County’s employees and County’s taxpayers) are in a
substantially better protected position than they are at the present.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF
OAKLAND, MICHIGAN, AS FOLLOWS:
1. The 2013 Superseding Oakland County Retiree Medical Benefits Plan (the “Superseding Plan”),
described in Appendix A attached hereto is hereby approved.
2. The Oakland County Executive or any Deputy County Executive, acting on behalf of the County
Executive, or any one or more of them, and each of them is, at any time hereafter and without
further action by or authority or direction from the Board of Commissioners of the County,
authorized to execute and otherwise complete all of the remaining actions described in Appendix
A to complete the Superseding Plan (including, but not limited to) completing final action as the
officials executing the same may determine to be necessary or advisable, and thereafter to certify
to the Oakland County Clerk that all such actions have been completed which shall be conclusive
evidence of the completion of the Superseding Plan.
3. The Oakland County Executive or any Deputy County Executive, acting on behalf of the County
Executive, or any one or more of them, and each of them is, at any time hereafter and without
further action by or authority or direction from the Board of Commissioners of the County,
authorized to execute and deliver or cause to be executed and delivered all such other and
further agreements, requests, statements, instruments and documents and to do or cause to be
done all such other and further acts and things as any such official, attorney or agent may
determine to be necessary or advisable under or in connection with the completion of the
Superseding Plan or this resolution, and that the execution by any such official, attorney or agent
of any such agreement, request, statement, instrument or document or the doing of any such act
or thing shall be conclusive evidence of his/her or their determination in that respect.
4. The Oakland County Clerk shall file the Certification described in paragraph 2 of this resolution
which shall be maintained as a complete record of the Superseding Plan including the date it took
effect.
5. This resolution shall take immediate effect upon its adoption and the signature of the Oakland
County Executive indicating his approval.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 613.)
*REPORT (MISC #13229)
BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO FEES APPROVED BY THE MICHIGAN
PUBLIC SERVICE COMMISSION FOR CUSTOMERS WHO WISH TO OPT-OUT OF THE SMART METER OR ADVANCED METERING INFRASTRUCTURE PROGRAMS
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on August 19, 2013, having had the resolution referred back to the Committee by the Board on August 29, 2013 with direction
to consider the resolution at the Committee’s October 21, 2013 meeting and having done so hereby recommends that the resolution be amended as follows.
Commissioners Minutes Continued. October 30, 2013
607
MISCELLANEOUS RESOLUTION #13229 BY: Commissioners Nancy Quarles, District #17; Jim Runestad, District #6
IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO FEES APPROVED BY THE MICHIGAN PUBLIC SERVICES COMMISSION FOR CUSTOMERS WHO WISH TO OPT-OUT OF THE SMART
METER OR ADVANCED METERING INFRASTRUCTURE PROGRAMS
To theThe Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners unanimously adopted Miscellaneous Resolution #12134 on June 21, 2012 calling for fair treatment and no economic penalty for electricity
customers who choose not to participate in the smart meter program; and WHEREAS numerous other local unitssince the adoption of government in MR12134, Oakland County
residents have passed resolutions expressing voiced their concerns relative to smart meters or AMI devices being installed without prior notification; and caution in the
WHEREAS since the adoption of MR12134, Oakland County residents have voiced their concerns relative to their perception regarding the level of information being provided by the installers regarding the
process to opt-out of the installation of smart meters; and WHEREAS since the Michigan Attorney General has provided extensive evidence that questionsadoption
of MR12134, Oakland County residents have voiced their concerns relative to the economic soundness of one-time fees being assessed for opting-out of the smart meter program and excessive level ofinstallation
as well as the opt out feeson-going fee for opting-out; and WHEREAS the Michigan Public Services Commission ignored these concerns that have been expressed
throughout the state and has approved the implementation of smart meters or AMI devices in Michigan and the associated fees penalizingfor customers who choose not to haveopt-out of the installation of a
smart meter installed on their property for in the form of a one- time fee of $123.91 after smart meter that is either pre-installation or $69.39 before post-installation and, in conjunction with a monthly charge of
$9.72for opting-out in perpetuity; and WHEREAS complaints are already being heard about the smart meters or AMI devices being installed
without notification or information to the customer of their rights to opt out; and WHEREAS adding to the unfairness of the approved fee structure are the increased electricity rates that
customers who choose to opt out will be paying that will be used to pay for the installation and operation of meters they will not be using; and
WHEREAS no provision has been made for low income customers who cannot afford these additional fees; and.
WHEREAS the report issued by the staff of the MPSC does not meet the standard of a significant investigation into the health and privacy concerns of residents; and WHEREAS during the comment period while MPSC was studying the smart meter issue 84% of comments received indicated customers would opt out or deny the installation of smart meters on their
property; and WHEREAS electricity providers in Oakland County have not undertaken any major effort to explain the
safety or necessity of these meters; and WHEREAS electricity providers are beginning the process of notifying residents of their intent to begin the
smart meter program in this region without undertaking an effort at public education or giving customers adequate information about their rights not to participate; and
WHEREAS the MPSC report cites the importance of public education in the success of this type of program, quoting the Maryland Public Services Commission “The negative experiences in other states
illustrate vividly that poor customer education will magnify small-scale problems and create disproportionate customer skepticism and unhappiness.”; and WHEREAS Article VII, Section 15 of the Michigan Constitution states “Any county, when authorized by its Board of Supervisors, shall have the authority to enter or to intervene in any action or certificate
proceeding involving the services, charges or rates of any privately owned public utility furnishing services or commodities to rate payers within the county”.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby expresses its oppositionconcern relative to the current opt-out fees approved by the Michigan Public
Services Commission for Advanced Metering Infrastructure in Michigan as unfair and excessive.
Commissioners Minutes Continued. October 30, 2013
608
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests electric utility providers to cease current efforts to install smart meters in Oakland County until such time as a thorough
public education/awareness campaign is undertaken in the County to advise residents of their rights and protections for their health and safety. that the Michigan Public Services Commission reassess its current
position relative to smart meter opt-out provisions, the fees associated with opting- out and the ability for consumers to keep their current analog meters.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourage Michigan’s Attorney General to continue his appeals on behalf ofthat the Michigan Public Services Commission
reassess its current position relative to smart meter opt-out provisions, the fees associated with opting- out and the ability for consumers for a sensible and fair approach to the introduction of this new
technology. to keep their current analog meters. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of this adopted resolution to Governor Rick Snyder, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties; Attorney General Bill Schuette; the Michigan
Public Services Commission; Consumers Power; Detroit Edison and the Oakland County legislative lobbyists.
MR #13229 COMPILED WITH PROPOSED AMENDMENTS
MISCELLANEOUS RESOLUTION #13229
BY: Commissioners Nancy Quarles, District #17; Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO FEES APPROVED BY THE MICHIGAN
PUBLIC SERVICES COMMISSION FOR CUSTOMERS WHO WISH TO OPT-OUT OF THE SMART METER OR ADVANCED METERING INFRASTRUCTURE PROGRAMS
To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners unanimously adopted Miscellaneous Resolution #12134 on June 21, 2012 calling for fair treatment and no economic penalty for electricity
customers who choose not to participate in the smart meter program; and WHEREAS since the adoption of MR #12134, Oakland County residents have voiced their concerns
relative to smart meters or AMI devices being installed without prior notification; and WHEREAS since the adoption of MR #12134, Oakland County residents have voiced their concerns
relative to their perception regarding the level of information being provided by the installers regarding the process to opt-out of the installation; and
WHEREAS since the adoption of MR #12134, Oakland County residents have voiced their concerns relative to the one-time fees being assessed for opting-out of the smart meter installation as well as the
on-going fee for opting-out; and WHEREAS the Michigan Public Services Commission has approved the implementation of smart meters
or AMI devices in Michigan and the associated fees for customers who choose to opt-out of the installation of a smart meter in the form of a one-time fee that is either pre-installation or post-installation,
in conjunction with a monthly charge for opting-out in perpetuity; and WHEREAS the Michigan Public Services Commission, when establishing the opt-out fees, provided no
provision for low income customers who want to opt out of the smart meter installation but who cannot afford the additional fees.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby expresses its concern relative to the current opt-out fees approved by the Michigan Public Services
Commission for Advanced Metering Infrastructure in Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the
Michigan Public Services Commission reassess its current position relative to smart meter opt-out provisions, the fees associated with opting- out and the ability for consumers to keep their current analog
meters. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of this adopted resolution to Governor Rick Snyder, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties; Attorney General Bill Schuette; the Michigan
Commissioners Minutes Continued. October 30, 2013
609
Public Services Commission; Consumers Power; Detroit Edison and the Oakland County legislative lobbyists.
Chairperson, I move the adoption of the foregoing Resolution. NANCY QUARLES, JIM RUNESTAD
Chairperson, On behalf of the General Government Committee I move adoption of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
REPORT (MISC. #13229) BY: General Government Committee – Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO FEES APPROVED BY THE MICHIGAN PUBLIC SERVICES COMMISSION FOR CUSTOMERS WHO WISH TO OPT-OUT OF THE SMART
METER OR ADVANCED METERING INFRASTRUCTURE PROGRAMS To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on
September 9, 2013 hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report. GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #13229
BY: Commissioners Nancy Quarles, District #17; Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO FEES APPROVED BY THE MICHIGAN
PUBLIC SERVICES COMMISSION FOR CUSTOMERS WHO WISH TO OPT-OUT OF THE SMART METER OR ADVANCED METERING INFRASTRUCTURE PROGRAMS
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners unanimously adopted Miscellaneous Resolution #12134 on June 21, 2012 calling for fair treatment and no economic penalty for electricity
customers who choose not to participate in the smart meter program; and WHEREAS numerous other local units of government in Oakland County have passed resolutions
expressing concerns and caution in the installation of smart meters; and WHEREAS the Michigan Attorney General has provided extensive evidence that questions the economic
soundness of the smart meter program and excessive level of the opt out fees; and WHEREAS the Michigan Public Service Commission ignored these concerns that have been expressed
throughout the state and approved fees penalizing customers who choose not to have a smart meter installed on their property for a one - time fee of $123.91 after smart meter installation or $69.39 before
installation and with a monthly charge of $9.72 in perpetuity; and WHEREAS complaints are already being heard about the smart meters or AMI devices being installed
without notification or information to the customer of their rights to opt out; and WHEREAS adding to the unfairness of the approved fee structure are the increased electricity rates that
customers who choose to opt out will be paying that will be used to pay for the installation and operation of meters they will not be using; and
WHEREAS no provision has been made for low income customers who cannot afford these additional fees; and
WHEREAS the report issued by the staff of the MPSC does not meet the standard of a significant investigation into the health and privacy concerns of residents; and
WHEREAS during the comment period while MPSC was studying the smart meter issue 84% of comments received indicated customers would opt out or deny the installation of smart meters on their
property; and WHEREAS electricity providers in Oakland County have not undertaken any major effort to explain the
safety or necessity of these meters; and
Commissioners Minutes Continued. October 30, 2013
610
WHEREAS electricity providers are beginning the process of notifying residents of their intent to begin the smart meter program in this region without undertaking an effort at public education or giving customers
adequate information about their rights not to participate; and WHEREAS the MPSC report cites the importance of public education in the success of this type of
program, quoting the Maryland Public Services Commission “The negative experiences in other states illustrate vividly that poor customer education will magnify small-scale problems and create
disproportionate customer skepticism and unhappiness.”; and WHEREAS Article VII, Section 15 of the Michigan Constitution states “Any county, when authorized by its
Board of Supervisors, shall have the authority to enter or to intervene in any action or certificate proceeding involving the services, charges or rates of any privately owned public utility furnishing services
or commodities to rate payers within the county”. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
expresses its opposition to the opt-out fees approved for Advanced Metering Infrastructure in Michigan as unfair and excessive.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests electric utility providers to cease current efforts to install smart meters in Oakland County until such time as a thorough
public education/awareness campaign is undertaken in the County to advise residents of their rights and protections for their health and safety.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourage Michigan’s Attorney General to continue his appeals on behalf of consumers for a sensible and fair approach to the
introduction of this new technology. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of this adopted resolution to Governor Rick Snyder, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties; Attorney General Bill Schuette; the Michigan
Public Services Commission; Consumers Power; Detroit Edison and the Oakland County legislative lobbyists.
Chairperson, I move the adoption of the foregoing Resolution. NANCY QUARLES, JIM RUNESTAD, GARY
MCGILLIVRAY, JOHN SCOTT, HELAINE ZACK, ROBERT GOSSELIN, MARCIA
GERSHENSON, MICHAEL SPISZ, BOB HOFFMAN, SHELLEY TAUB, BILL DWYER
(The vote for this motion appears on page 613.)
*MISCELLANEOUS RESOLUTION #13281
BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – SOLID WASTE
PLAN AMENDMENT FOR BALDWIN PONTIAC, LLC AND RIZZO PROPERTIES, LLC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has a Solid Waste Management Plan (Plan) that was prepared in accordance with Public Act 451, as amended, 1994, Part 115; Solid Waste Management; and WHEREAS the law requires that the Plan identify all solid waste landfills, Type A transfer stations, and
waste processing facilities within Oakland County and that the Plan must be amended to include new
facilities or sites; and WHEREAS the Plan states that a company seeking a Plan amendment will submit a proposal to the
County Executive, whose office is the Designated Planning Agency (DPA) for solid waste planning, and Oakland County will create a budget of the cost to consider such an amendment, which will then be charged to the proposer as an application fee; and WHEREAS the Oakland County Board of Commissioners must approve the budget and the request to
initiate the Plan amendment process; and WHEREAS Oakland County has a Solid Waste Management Planning Committee which will assist the
DPA in preparing the proposed Plan amendment; and WHEREAS Once approved by the Solid Waste Management Planning Committee, the Plan amendment
Commissioners Minutes Continued. October 30, 2013
611
will be released for a 90-day public comment period, which will include a public hearing; and WHEREAS the Plan amendment will require approval from the Solid Waste Management Planning
Committee, the Board of Commissioners and 67% of the local units of government within the county before being sent to the Michigan Department of Environmental Quality for final approval; and
WHEREAS the Oakland County Executive has received a request to amend the 1999 County Solid Waste Management Plan for the inclusion of a proposed transfer station/processing-recycling plant to be
located in Pontiac; and WHEREAS Oakland County DPA recommends an amount of $5,000 to be charged as the application fee,
which includes $1,000 for mailings and $4,000 for public notice advertising. NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Plan amendment process to be initiated to consider a proposal from Baldwin Pontiac, LLC and Rizzo Properties, LLC for an application fee of $5,000.
BE IT FURTHER RESOLVED that this amendment process is initiated only for the proposal received from Baldwin Pontiac, LLC and Rizzo Properties, LLC. Any other proposals received by the County Executive
will be considered as a separate Plan amendment process. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing
resolution. PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Economic Development & Community Affairs Proposed Transfer Station Site,
Solid Waste Facilities, Active Landfills, Correspondence from Richard P. Manczak , Varnum Attorney, Modification of Request to Amend the County Solid Waste Management Plan Incorporated by Reference.
Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #13281) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – SOLID WASTE PLAN AMENDMENT FOR BALDWIN, PONTIAC LLC AND RIZZO PROPERTIES, LLC
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds: 1. The Oakland County Waste Resource Management Unit is responsible for the updating of the
Oakland County Solid Waste Management Plan, as required by State law. 2. Oakland County Solid Waste Management Plan states that a company seeking a plan
amendment will submit a proposal to the County Executive, whose office is the Designated Planning Agency (DPA) for solid waste planning.
3. Baldwin, Pontiac LLC and Rizzo Properties LLC have submitted a request to Oakland County Executive for an amendment to the plan to designate one new solid waste processing facility
within Oakland County. 4. Oakland County DPA recommends an amount of $5,000 to be charged as an application fee,
which includes $1,000 for mailings and $4,000 for public notice advertising. 5. No budget amendment is recommended at this time.
FINANCE COMMITTEE
(The vote for this motion appears on page 613).
*REPORT (MISC. #13282) BY: Human Resources Committee, John Scott, Chairperson
IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2014 SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM GRANT ACCEPTANCE
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above referenced resolution on October 30, 2013, reports with the recommendation the resolution be adopted.
Commissioners Minutes Continued. October 30, 2013
612
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #13282 BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2014 SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM GRANT ACCEPTANCE
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff’s Office applied to the Michigan Department of State Police - Office of Highway Safety Planning for $786,687 in grant funding from Public Act 416 to conduct secondary road patrol
activities for the period October 1, 2013, through September 30, 2014; and WHEREAS the Michigan Department of State Police - Office of Highway Safety Planning has awarded
Oakland County with a grant in the amount of $786,687, which is an increase of $76,131 from the Fiscal Year 2013 award; and
WHEREAS this is 35th year for the Secondary Road Patrol and Traffic Accident Prevention Program Grant award; and
WHEREAS the grant provides continuation funding for four (4) SR full time eligible FTE Deputy II positions (#4030601-02572, 03114, 07501 and 09191) and one (1) SR FTE Sergeant position
(#4030601-07790) located in the Patrol Services Division; and WHEREAS with this grant acceptance one (1) SR FTE Deputy II position (#4030601-11317) is continued
for six (6) months, and will be deleted on April 1, 2014; and WHEREAS no county match or additional positions are required; and
WHEREAS this grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures; and
WHEREAS the acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
Fiscal Year 2014 Secondary Road Patrol Grant award from the Michigan Department of State Police - Office of Highway Safety Planning in the amount of $786,687 and that the Board Chairperson, on behalf
of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that one (1) SR FTE Deputy II position (#4030601-11317) in the Traffic
Unit/Patrol Services Division/Sheriff’s Office is continued for six (6) months, and will be deleted on April 1, 2014.
BE IT FURTHER RESOLVED that four (4) SR (FTE) Deputy II positions (#4030601-02572, 03114, 07501 and 09191) and one (1) SR FTE Sergeant position (#4030601-07790) be continued in the Traffic
Unit/Patrol Services Division/Sheriff’s Office. BE IT FURTHER RESOLVED that the continuation of this program and associated positions are
contingent upon future levels of grant program funding. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Correspondence from Michael L. Prince, Director Office of Highway Safety Planning, Grant Review Sign Off – Sheriff’s Office Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #13282)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - FISCAL YEAR 2014 SECONDARY ROAD PATROL AND TRAFFIC
ACCIDENT PREVENTION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
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1. The Michigan Department of State Police - Office of Highway Safety Planning awarded Oakland County a grant in the amount of $786,687 for the period October 1, 2013 through September 30,
2014. This is the 35th year of grant funding. 2. The award is $76,131 more than the Fiscal Year 2013 original award of $710,556 (a subsequent
amendment increased the FY 2013 award to $761,310). 3. The grant provides funding for four (4) Deputy II positions (4030601-02572, 03114, 07501 and
09191) and one (1) Sergeant Position (4030601-07790) located in the Patrol Services Division. 4. With this acceptance one (1) Deputy II position (4030601-11317) located in the Patrol Services
Division is funded for only six months and will be deleted on 04/01/2014. 5. No County match is required.
6. Fiscal Year 2014 Special Revenue Budget is amended as follows: FY 2014 FY 2014 FY 2014
GRANT FUND (#27345) Adopted Adjustment Amended Project GR#0000000142, Activity GLB
Analysis Type GLB Revenue
4030601-110010-615571 Grants State $ 761,310 $ 25,377 $ 786,687 Total Grant Fund Revenue $ 761,310 $ 25,377 $ 786,687
Expenditures
4030601-110010-702010 Salaries Regular $ 339,492 $ 16,540 $ 356,032 4030601-110010-702140 Other Misc Sal $ 0 $ 12,976 $ 12,976
4030601-110010-722740 Fringe Benefits $ 77,812 ( $77,812) $ 0 4030601-110010-722750 Workers Comp $ 8,845 $ 407 $ 9,252
4030601-110010-722760 Group Life $ 1,043 $ 89 $ 1,132 4030601-110010-722770 Retirement $ 125,236 $ 10,440 $ 135,676
4030601-110010-722780 Hospitalization $ 90,456 $ 6,987 $ 97,443 4030601-110010-722790 Social Security $ 25,970 $ 2,259 $ 28,229
4030601-110010-722800 Dental $ 6,852 $ 381 $ 7,233 4030601-110010-722810 Disability $ 4,916 $ 404 $ 5,320
4030601-110010-722820 Unemployment In $ 1,086 $ 94 $ 1,180 4030601-110010-722850 Optical $ 625 $ 55 $ 680
4030601-110010-712020 Overtime $ 24,840 $ 44,917 $ 69,757 4030601-110010-776661 Motor Pool $ 54,137 $ 7,640 $ 61,777
Total Grant Fund Expenditures $ 761,310 $ 25,377 $ 786,687 FINANCE COMMITTEE
Vote on Consent Agenda, as amended:
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, 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 for the Finance Committee on the Regular Agenda.
MISCELLANEOUS RESOLUTION #13276 BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – REQUEST TO EXPEND FROM THE LARRY PERNICK HEALTH EDUCATION FUND FOR OAKLAND COUNTY
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
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614
WHEREAS the Larry Pernick Health Education Fund for Oakland County was established in 1997 in memory of Commissioner Lawrence Pernick; and
WHEREAS the donated funds are intended to be used for health education programs targeted toward populations at risk for health problems due to socio-economics, race/ethnicity, age, or disability; and
WHEREAS Henry Ford Hospital West Bloomfield is a recognized partner in the community to educate and encourage Healthy Lifestyles through creative programming utilizing their Demonstration Kitchen and
their hydroponic greenhouse; and WHEREAS Sheiko Elementary School in West Bloomfield in which 35% of their students are Title I due to
low income, has requested to participate in a pilot program with Henry Ford Hospital West Bloomfield to educate their 3rd, 4th and 5th graders in healthy eating and lifestyles; and
WHEREAS expenditures in the amount of $3,200 are being requested from the Larry Pernick Health Education Fund by the Health Division in Fiscal Year 2014 to be used as scholarship funds for Title I
students to participate in the pilot project at Sheiko Elementary School. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves expenditures by the Health Division in the amount of $3,200 from the Larry Pernick Health Education Fund for Oakland County to be used for a pilot project at Sheiko Elementary School in Fiscal
Year 2014. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution. GENERAL GOVERNMENT COMMITTEE
Copy of Pilot Project at Sheiko Elementary School on file in County Clerk’s office.
FISCAL NOTE (MISC. #13276)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – REQUEST TO
EXPEND FROM THE LARRY PERNICK HEALTH EDUCATION FUND FOR OAKLAND COUNTY 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 Larry Pernick Health Education Fund for Oakland County was established in 1997 in memory
of Commissioner Lawrence Pernick. 2. Donated funds are intended to be used for health education programs targeted toward
populations at risk for health problems due to socio-economics, race/ethnicity, age, or disability. 3. Sheiko Elementary School in West Bloomfield has requested to participate in a pilot program with
Henry Ford Hospital West Bloomfield to educate their 3rd, 4th and 5th graders in healthy eating and lifestyles.
4. There is currently $8,672 in the L. Pernick Memorial Restricted fund. 5. A budget amendment in the amount of $3,200 is recommended to transfer funding from the L.
Pernick Memorial Restricted fund to the Health General Fund General Purpose (GF/GP) budget to increase the Education Programs appropriation.
6. The FY 2014 Adopted budget is amended as detailed below: FY 2014
Amendment L. PERNICK MEMORIAL FUND (#21345)
Revenues 9010101-133995-665882 Planned Use of Balance $ 3,200
Total Revenues $ 3,200 Expenditures
9010101-133995-788001-10100 Transfers Out $ 3,200 Total Expenses $ 3,200
GENERAL FUND (#10100) Revenues
1060233-133390-695500-21345 Transfers In $ 3,200
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615
Total Revenues $ 3,200 Expenditures
1060233-133390-730555 Education Programs $ 3,200 Total Expenditures $ 3,200
FINANCE COMMITTEE
Moved by Long supported by Middleton the resolution (with fiscal note attached) be adopted.
Discussion followed.
AYES: Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Bosnic, Crawford, Dwyer. (17)
NAYS: Jackson, Quarles, Woodward. (3)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
There were no items to report for the Human Resources Committee on the Regular Agenda.
MISCELLANEOUS RESOLUTION #13283 BY: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/DEPARTMENT OF CORPORATION COUNSEL – FIRST AMENDMENT TO THE LEASE WITH WALLED LAKE CONSOLIDATED
SCHOOLS FOR THE WOMEN, INFANTS, & CHILDREN’S PROGRAM OF THE HEALTH & HUMAN SERVICES DEPARTMENT
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, via MR #11257, approved the lease of approximately 720 square feet of office space from Walled Lake Consolidated Schools (WLCS) in the
Walled Lake Community High School building for the Women, Infants, & Childrens Program (WIC) of the Health & Human Services Department; and
WHEREAS the original lease stated the County was to pay rent to the WLCS of $720 per month for the leased space and that the lease was renewable annually with the mutual consent of both parties; and
WHEREAS County Administration supports the continued presence of the WIC program in the southwest region of the County and supports continuing the lease of space from WLCS; and
WHEREAS the Department of Facilities Management, with the assistance of Corporation Counsel, negotiated the terms and conditions of a first amendment to the lease attached hereto; and
WHEREAS the first amendment to the lease allows the lease to automatically renew for successive one (1) year terms commencing on July 1 and ending on June 30 of the immediately following year with no
change in rent; and WHEREAS the lease can be terminated at any time for any reason by either party with one hundred
twenty (120) days advanced written notice to the other party; and WHEREAS the Department of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the first amendment to the lease and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached first amendment to the lease for 720 square feet of
space in the in the Walled Lake Community High School building. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or
his/her designee to execute the attached first amendment to the lease and all other related documents between the County and WLCS which may be required for the continued lease of such space.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
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616
Copy of First Amendment to Lease Agreement Incorporated by Reference. Original on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #13284
BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: PARKS AND RECREATION COMMISSION - AFFIDAVIT OF CLARIFICATION OF FINANCIAL
RESPONSIBILITY FOR DAVISBURG DAM - 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 a seven-acre portion of the property identified as the Davisburg Mill Pond site was
conveyed by Quit Claim Deed to the Charter Township of Springfield on March 1, 1984; and WHEREAS, the Davisburg Mill Pond site included the Mill Pond Dam, which creates the primary
east-west Davisburg Road connection; and WHEREAS Oakland County Parks and Recreation has been responsible for the required
inspection and maintenance of the dam since 2000, as required by the Michigan Department of Natural Resources; and
WHEREAS Parks staff, with the assistance of Oakland County Corporation Counsel and Oakland County Property Management, verified that the County of Oakland owns the property of the dam,
however the deed language was interpreted to read that the Charter Township of Springfield and Springfield Township Parks and Recreation are financially obligated for the maintenance of the
existing dam; and WHEREAS on February 23, 1984, the Oakland County Board of Commissioners adopted
Miscellaneous Resolution # 84037 stating the financial obligation for maintenance and repair of the dam shall be split based on the frontage of the Mill Pond; and
WHEREAS that split is calculated based on GIS data to be 55% Oakland County Parks and Recreation Commission and 45% Charter Township of Springfield; and
WHEREAS an Affidavit of Clarification was drafted by Oakland County Corporation Counsel clarifying the financial, maintenance, and repair obligations of the dam by the two agencies; and
WHEREAS maintenance of the dam supports Chapter 2.1.6 of the Parks Commission’s 2008 Strategic Master Plan with direction to maintain and update the parks infrastructure; and
WHEREAS in collaboration with the Charter Township of Springfield, Parks staff will be working to identify and prioritize maintenance and repairs to the dam, as well as to research any funding
opportunities; and WHEREAS, the Affidavit of Clarification of financial responsibility for the dam supports Chapter
2.1.7 of the Parks Commission’s 2008 Strategic Master Plan with direction for partnering and sharing maintenance costs; and
WHEREAS the Charter Township of Springfield, at its July 11, 2013 Township Board Meeting, approved the Affidavit of Clarification, contingent upon approval by the Oakland County Parks
and Recreation Commission and the Oakland County Board of Commissioners. WHEREAS, at the October 2, 2013, Commission Meeting the Oakland County Parks and
Recreation Commission recommended that the Board of Commissioners accept the Affidavit of Clarification of financial responsibility, including maintenance and operational responsibility, to the
1984 Quit Claim Deed for the Davisburg Mill Pond Dam at Springfield Oaks County Park as drafted by the Oakland County Corporation Counsel and approved by the Charter Township of
Springfield. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve
the acceptance of the Affidavit of Clarification of financial responsibility, including maintenance and operational responsibility, to the 1984 Quit Claim Deed for the Davisburg Mill Pond Dam at
Springfield Oaks County Park as drafted by the Oakland County Corporation Counsel and approved by the Charter Township of Springfield.
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617
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its chairperson or his designee to execute the attached Affidavit of Clarification to the 1984 Quit Claim
Deed for the Davisburg Mill Pond Dam at Springfield Oaks County Park. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution. PLANNING AND BUILDING COMMITTEE
Copy of Affidavit to Clarify Quit Claim Deed Incorporated by Reference. Original on file in County Clerk’s
office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #13268) BY: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: BOARD OF COMMISSIONERS – PILOT PROGRAM FOR FOOD TRUCK VENDORS ON COUNTY CAMPUS
To the Finance Committee Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having considered the above-titled resolution, reports with a recommendation that the resolution be amended, as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby respectfully requests the Oakland County Executive’s administration establishes a study
group to submit a proposal for establishing a limited pilot program for food trucks at the Oakland County campus with an emphasis on attracting local businesses to participate. The study group
will then report back to the Planning and Building Committee within 90 days with its findings.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #13268 BY: Commissioners Dave Woodward, District #19
IN RE: BOARD OF COMMISSIONERS – PILOT PROGRAM FOR FOOD TRUCK VENDORS ON COUNTY CAMPUS
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS providing employees and visitors to the Oakland County complex with a wide variety of food options could increase the likelihood of favorable experiences at county facilities; and
WHEREAS the increasing number and variety of food trucks is sweeping the nation providing tremendous varieties of cuisine while creating tremendous among the public; and
WHEREAS expanding choices at the Oakland County campus could also have the added benefits of creating additional opportunities for Oakland County businesses and to showcase the many food
offerings available locally; and WHEREAS the health and safety of county employees and citizens would be protected in a food truck
program because the Oakland County Health Department would regulate these businesses as mobile food establishment; and
WHEREAS a food truck is a mobile food vehicle that, upon meeting regulations and receiving permits, may park in a public street and engage in the service, sale or distribution of ready to eat food for
individuals; and WHEREAS the introduction of a food truck offering at county facilities could be offered on a limited or trial
basis to gauge the level of interest of vendors and customers in the new options and also allowing county staff to observe the impact of such a program on normal facility operations; and
WHEREAS the Oakland County Board of Commissioners is desirous of working with the Oakland County Executive administration to establish the appropriate policies, process, procedures, and appropriate
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permits and fees for establishing a limited food truck program on the Oakland County campus and for the solicitation of potential vendors through the purchasing process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby respectfully requests the Oakland County Executive’s administration to submit a proposal for establishing
a limited pilot program for food trucks at the Oakland County campus with an emphasis on attracting local businesses to participate.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Oakland County Executive and Oakland County’s Department Directors of
Health and Human Services, Corporation Counsel, Risk Management and Purchasing, and Management & Budget.
Chairperson, we move the adoption of the foregoing resolution. DAVE WOODWARD, MARCIA GERSHENSON,
HELAINE ZACK, JANET JACKSON
There was a voice vote to accept the Planning and Building Report.
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MISCELLANEOUS RESOLUTION #13285 BY: Commissioner Shelley Goodman Taub, District 12
IN RE: BOARD OF COMMISSIONERS – DEVELOPMENT OF A CENTRAL OAKLAND COUNTY EVENTS CALENDAR
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the nonprofit arts industry also strengthens our economy by generating $135.2 billion in total economic activity annually and by supporting the full-time equivalent of 4.13 million jobs; and
WHEREAS Oakland County is a vibrant, diverse cultural center with an extraordinary amount of things to do and see every day; and
WHEREAS arts and cultural events in Oakland County contribute strongly to making this a desirable place to work and live; and
WHEREAS Oakland County has a world-class selection of professional theatres, art museums, cultural destinations and historical sites. It is home to Cranbrook Educational Community (which includes the
Cranbrook Art Museum, Cranbrook Institute of Science, Art Academy and Cranbrook House & Gardens), Detroit Zoo and Meadow Brook Hall; and
WHEREAS the incredible number and variety of events going on at any time in Oakland County make it difficult for citizens to follow and participate in many enriching opportunities; and
WHEREAS the development of a master event calendar for the region would be a useful service for county residents and visitors to get the most out of their time; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests the appropriate departments; including Information Technology, the Arts, Culture and Film Office
and Economic Development and Community Affairs, investigate the development of a central calendar for arts and cultural events throughout the county in a user friendly, internet accessible application.
Chairperson, I move the adoption of the foregoing Resolution. SHELLEY TAUB, PHILIP WEIPERT, NANCY
QUARLES, BOB HOFFMAN, GARY MCGILLIVRAY, MIKE SPISZ, JANET
JACKSON, KATHY CRAWFORD, MATTIE HATCHETT, TOM MIDDLETON, DAVE
WOODWARD, CHRISTINE LONG, JOHN SCOTT, MARCIA GERSHENSON, MICHAEL
GINGELL, BILL DWYER, JEFF MATIS, MIKE BOSNIC, BOB GOSSELIN, JIM RUNESTAD
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 8:10 p.m. to the call of the Chair or November 13, 2013, at 7:00 p.m.
LISA BROWN MICHAEL J. GINGELL Clerk Chairperson