HomeMy WebLinkAboutMinutes - 2004.04.22 - 8346211
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
April 22, 2004
Meeting called to order by Vice Chairperson David Moffitt at 9:40 a.m. in the Courthouse Auditorium,
1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian,
Knollenberg, Kowall, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott,
Suarez, Webster, Wilson, Zack. (23)
ABSENT: Law (absent with notice). (1)
Quorum present.
Invocation given by Bill Bullard.
Pledge of Allegiance to the Flag.
Moved by Suarez supported by Long the minutes of the April 1, 2004, Board Meeting be approved.
A sufficient majority having voted therefore, the minutes were approved as printed.
Moved by Webster supported by Zack the rules be suspended and the agenda be amended, as follows:
ITEM ON BOARD AGENDA
FINANCE COMMITTEE
b. Miscellaneous Resolution #04068 – Road Commission for Oakland County – Appropriation of
One-Time Funding for County Road Projects.
(Reason for Suspension of Finance Committee, item b: Waiver of Rule XIIA & XIID – a) Original referral
should have been to “General Government and Finance” instead of “Finance and General Government”.)
ITEM NOT ON BOARD AGENDA
FINANCE COMMITTEE
c. Department of Management and Budget/Equalization – 2004 Equalization Report.
(Reason for Suspension of Finance Committee, item c: Waiver of Rule III – Finance met immediately
prior to today’s Board meeting.)
Vote on agenda as amended:
AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg,
Kowall, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster,
Wilson, Zack. (23)
NAYS: None. (0)
Commissioners Minutes Continued. April 22, 2004
212
A sufficient majority having voted therefore, the motion to suspend the rules and amend the Agenda
carried.
Deputy Clerk James VanLeuven read a communication from Frank and Rosalie Naglich concerning the
prices of co-pays for the new prescriptions through the mail program.
As a point of personnel privilege Commissioner Chuck Moss acknowledged Commissioner David Moffitt,
Vice Chairperson of the Oakland County Board of Commissioners, as being named SEMCOG Taubman
Fellows and will attend the prestigious Program for Senior Executives in State and Local Government at
Harvard’s John F. Kennedy School of Government this summer.
Commissioners Tom McMillin, Mattie Hatchett, and on behalf of Chairperson Thomas Law presented a
proclamation to Brittany Evans of Auburn Hills and Evelyn Holloman of Pontiac for representing the very
best of Oakland County through their bravery, extraordinary heroism and effort in saving the life of a
choking 16 month old baby while shopping at Great Lakes Crossing.
Commissioners Eileen Kowall, John Scott, Sue Ann Douglas, Martin Knollenberg, and Tom Middleton
and on behalf of Chairperson Thomas Law presented a proclamation to Jay Shaw, President of Spalding
Dedecker Associates, Inc., celebrating their 50th Anniversary, and appreciation of its dedication and
commitment to the community, noting the significant devotion of employees to many worthy causes and
charities.
Moved by Webster supported by Scott the resolutions on the Consent Agenda, be adopted. (The vote for
this motion appears on page 222.) The resolutions on the Consent Agenda followed (annotated by an
asterisk {*}):
*MISCELLANEOUS RESOLUTION #04085
BY: General Government Committee, William R. Patterson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – INTERLOCAL AGREEMENT BETWEEN
OAKLAND COUNTY AND THE CITY OF SOUTH LYON FOR THE FIRE RECORDS MANAGEMENT
SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners approved the acquisition of the Fire Records
Management System in Miscellaneous Resolution #99309; and
WHEREAS the purpose of the Fire Records Management System is to capture and create fire records
from the inception of a 9-1-1 call, to include the additional computer-aided dispatch information, and
complete the recording in a standard records management system, promoting communication and the
sharing of fire records among the municipalities that participate; and
WHEREAS the Department of Information Technology, the Department of Corporation Counsel, and the
Fire Governance Committee have developed a Fire Records Management System Interlocal Agreement
setting forth the rights and obligations of the County and the municipalities participating in the Fire
Records Management System; and
WHEREAS the Oakland County Board of Commissioners authorized the execution of the attached
Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045; and
WHEREAS the City of South Lyon would like to participate in the Fire Records Management System.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board of Commissioners to sign the attached Fire Records Management System
Interlocal Agreement with the City of South Lyon.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Fire Records Management Agreement Between Oakland County and South Lyon Fire
Department and Approval of Contract – Oakland County fire Records Management file in County Clerk’s
office.
Commissioners Minutes Continued. April 22, 2004
213
FISCAL NOTE (MISC. #04085)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - INTERLOCAL AGREEMENT BETWEEN
OAKLAND COUNTY AND THE CITY OF SOUTH LYON FOR THE FIRE RECORDS MANAGEMENT
SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The resolution approves the Chairperson of the Board to authorize and sign the Agreement
between Oakland County and the City of South Lyon as identified in the resolution.
2. The Fire Governance Committee (FGC) established fees for the local municipalities in their
July 12, 2000 meeting minutes (attached).
3. City of South Lyon (as a department that chose not to join in the initial phase of the project)
would like to participate in the Fire Records Management System and will be charged the
following fees:
-$3,500 start-up fee
-$3,500 annual department fee
4. The addition of the City of South Lyon will require the acquisition of a HP printer at cost of
$1,484; which, will be offset by the FRMS entry fees of $4,667 for the remaining four months
in FY 2004.
5. The anticipated revenue and most of the operating expenses associated with the addition of
the City of South Lyon is included in the Fire Records Management Fund Adopted FY 2004
and FY 2005 budget.
6. The FY 2004 budget amendment is recommended as specified below:
DEPT-OCA-PCA-OBJECT DESCRIPTION FY 2004
Fire Records Management Fund (531)
Expenses
23-531002-53100-4101 Expendable Equip $ 1,484
Change in Fund Equity $ 1,484
FINANCE COMMITTEE
(The vote for this motion appears on page 222.)
*MISCELLANEOUS RESOLUTION #04093
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – GENERAL INFORMATION AND REGULATIONS
REVISIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission was established by the Oakland
County Board of Supervisors in 1966 under P.A. 261; and
WHEREAS P.A. 261 includes a provision to allow county parks commissions to make rules for the
protection, regulation and control of all its facilities and areas with the approval of the Oakland County
Board of Commissioners; and
WHEREAS the Oakland County Parks and Recreation Commission has established rules and regulations
for this protection, regulation and control; and
WHEREAS revisions for clarification purposes are requested, which have been reviewed and approved
by Oakland County Corporation Counsel; and
WHEREAS the Oakland County Parks and Recreation Commission approved these revisions at their
regular meeting on March 10, 2004, for forwarding and approval by the Oakland County Board of
Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
revisions to the Oakland County Parks and Recreation Commission’s General Information and
Regulations.
Commissioners Minutes Continued. April 22, 2004
214
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Park Rules and Regulations Revisions and Oakland County Parks General Information and
Regulations on file in County Clerk’s office.
(The vote for this motion appears on page 222.)
*MISCELLANEOUS RESOLUTION #04094
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO PROVIDE
ACCESS OAKLAND PRODUCTS TO THE UNITED STATES (U.S.) IMMIGRATION AND CUSTOMS
ENFORCEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States (U.S.) Immigration and Customs Enforcement has requested access to
Access Oakland products; and
WHEREAS the use of these products should be provided pursuant to an intergovernmental agreement
and none previously existed relating to the use of these products by United States (U.S.) Immigration and
Customs Enforcement; and
WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel; and
WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “enter
into agreements with other governmental or quasi-governmental entities for the performance of services
jointly”; and
WHEREAS the use of these products would benefit the County’s residents.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the attached
intergovernmental agreement and authorize the use of Access Oakland products.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of
this Agreement.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Intergovernmental Agreement between the County of Oakland and the United States (U.S.)
Immigration and Customs Enforcement on file in County Clerk’s office.
(The vote for this motion appears on page 222.)
*MISCELLANEOUS RESOLUTION #04087
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF
LEASE WITH OPTION TO PURCHASE AGREEMENT WITH THE CITY OF SOUTHFIELD, PART OF
THE SOUTHFIELD HEALTH CENTER PROPERTY, PART OF PARCEL NOS. 24-13-426-001 and 24-
13-404-013.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of the Southfield Health Center property located at 27725
Greenfield Road in the City of Southfield consisting of 28.43-acres; and
WHEREAS the County has leased approximately 25-acres of the Southfield Health Center property to the
City of Southfield for recreational purposes (Catalpa Park) since 1978; and
WHEREAS the City of Southfield has requested that the lease of 25-acres of the Health Center property be
extended and that the County and the City negotiate the possible purchase of 22-acres of the Health Center
property by the City; and
Commissioners Minutes Continued. April 22, 2004
215
WHEREAS pursuant to the authorization of the Oakland County Board of Commissioners Planning and
Building Committee the Departments of Facilities Management and Corporation Counsel have negotiated
the terms of the attached Lease with Option to Purchase agreement with the City of Southfield; and
WHEREAS pursuant to the terms and conditions of said Lease with Option to Purchase agreement the
County will continue to lease approximately 25-acres of land to the City for recreational purposes until
May 5, 2005 for the sum of one dollar per year. During the term of the lease the City will have the option
to purchase 22-acres of the Southfield Health Center property on or before May 5, 2005. The sale of the
property shall be pursuant to a purchase agreement to be negotiated and adopted pursuant to the rules
and procedures of the parties; and
WHEREAS the Departments of Facilities and Corporation Counsel have reviewed and/or prepared all
necessary documents related to the attached Lease with Option to Purchase agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease with Option to Purchase agreement between the County of Oakland and
the City of Southfield.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease with Option to Purchase agreement and all
other related documents between the County of Oakland and the City of Southfield, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Lease with Option to Purchase on file in County Clerk’s office.
FISCAL NOTE (MISC. #04087)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE
WITH OPTION TO PURCHASE AGREEMENT WITH THE CITY OF SOUTHFIELD, PART OF THE
SOUTHFIELD HEALTH CENTER PROPERTY, PART OF PARCEL NOS. 24-13-426-001 AND 24-13-
404-013
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution approves and authorizes a Lease with Option to Purchase agreement
between Oakland County and the City of Southfield.
2. Under terms of the agreement, the County will continue to lease approximately 25 acres
of County-owned land at the Southfield Health Center property to the City of Southfield
for recreational purposes until May 5, 2005 for the sum of $1 per year.
3. During the term of the lease, the City will have the option to purchase 22 acres of the
Southfield Health Center property on or before May 5, 2005.
4. The proceeds of the sale of the property will be receipted in the Building Improvement
Fund if the option to purchase is exercised.
5. If the property sale is not completed on or before May 5, 2005, the lease and the option
to purchase will expire and the City will retain no interest in the property.
6. Approval of the purchase agreement requires the Board of Commissioners approval.
7. No budget amendment if necessary at this time.
FINANCE COMMITTEE
(The vote for this motion appears on page 222.)
Commissioners Minutes Continued. April 22, 2004
216
*MISCELLANEOUS RESOLUTION #04088
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF
LICENSE AGREEMENT WITH SPRINT SPECTRUM, LP FOR CONSTRUCTION OF RADIO TOWER
AND SUPPORT FACILITIES AT ADDISON OAKS COUNTY PARK, PART OF PARCEL NO. 05-33-
100-004.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of the Addison Oaks County Park located at 1440 Romeo
Road, Leonard, Michigan; and
WHEREAS Sprint Spectrum, LP has requested a license from the County to construct, own, operate and
maintain a radio tower and related support facilities at Addison Oaks County Park; and
WHEREAS the Oakland County Parks and Recreation Commission has negotiated the terms and
conditions of a License Agreement with Sprint Spectrum, LP for said radio tower construction. Said License
Agreement was recommended for approval by the Oakland County Parks and Recreation Commission on
March 10, 2004; and
WHEREAS pursuant to the terms and conditions of said License Agreement the County grants Sprint
Spectrum LP the right to construct, own, operate and maintain a 190-ft. monopole tower and related
support facilities on part of the Addison Oaks County Park property for an initial term of five years with the
option for three renewable five year terms. The initial term of the License shall commence upon
completion of construction of the tower or 60 days after issuance of a building permit for said tower, which
ever occurs first. Sprint Spectrum LP shall pay the County a $5,000 non-refundable legal and
administration fee upon execution of the agreement. Further, Sprint Spectrum shall pay the County an
annual license fee of $21,600 per year for the initial term of the license agreement, which fee shall
increase at a rate of 15% at each five year renewal of the license. In addition to the license fee Sprint
Spectrum shall pay the County 30% of any co-location revenue generated by Sprint, which amount shall
also be subject to a 15% increase at each five year renewal of the license; and
WHEREAS the Departments of Facilities and Corporation Counsel have reviewed and/or prepared all
necessary documents related to the attached License Agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached License Agreement between the County of Oakland and Sprint Spectrum, LP.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached License Agreement and all other related documents
between the County of Oakland and Sprint Spectrum, LP, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of License Agreement and Exhibits A and B on file in County Clerk’s office.
FISCAL NOTE (MISC. #04088)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF
LICENSE AGREEMENT WITH SPRINT SPECTRUM, LP FOR CONSTRUCTION OF RADIO TOWER
AND SUPPORT FACILITIES AT ADDISON OAKS COUNTY PARK, PART OF PARCEL NO. 05-33-100-
004
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution approves and authorizes a license agreement between Oakland County
and Sprint Spectrum, LC.
2. Under terms of the license agreement, the County will grant Sprint Spectrum, LP the right
to construct, own, operate, and maintain a radio tower and related support facilities on
Addison Oaks County Park property for an initial term of five years with the option for
three renewable five-year terms.
Commissioners Minutes Continued. April 22, 2004
217
3. Spirit Spectrum, LP will construct the tower and related facilities at its own expense on
land provided by Oakland County at no cost to the County.
4. Upon execution of the agreement, Sprint Spectrum will pay the County $5,000 for legal
and administrative fees and will also pay the County an annual license fee of $21,600
during the initial term of the license.
5. Additionally, if third parties co-locate on the tower, Sprint Spectrum, LC will pay the
County 30% of the co-location revenue generated plus any late fees.
6. All fees will be receipted to Oakland County Parks and Recreation.
7. The license fee and co-location fee will increase 15% at each five-year license renewal
over the prior term’s fees.
8. The County may license space on the tower for governmental purpose via a separate
license agreement, if space and structural capacity are available.
9. The Oakland County Parks and Recreation Commission has negotiated and approved
terms and conditions of the license agreement.
10. No budget amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 222.)
*MISCELLANEOUS RESOLUTION #04089
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO CONVEY GIDDINGS ROAD
RIGHT OF WAY TO THE CITY OF AUBURN HILLS PART OF PARCEL NO. 14-03-100-028
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of the Oakland County Animal Shelter and Trusty Camp
located on Brown Road in the City of Auburn Hills known as parcel number 14-03-100-028; and
WHEREAS on July 12, 1983 the County of Oakland sold parcel number 14-03-100-024 to the Motorcar
Transport Company reserving the east 60-ft. and the north 60-ft. thereof for future road right of way
dedication; and
WHEREAS the City of Auburn Hills has requested that the County of Oakland convey the east 60-ft. of
parcel number 14-03-100-028 for road right of way purposes; and
WHEREAS it is the recommendation of the Departments of Facilities Management and Corporation
Counsel that the east 60-ft. of parcel no. 14-03-100-028 be conveyed to the City of Auburn Hills via quit
claim deed for the sum of one dollar; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the conveyance of said road right of way to the City of Auburn
Hills.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the conveyance via quit claim deed of the east 60-ft. of parcel no. 14-03-100-028 to the City
of Auburn Hills for the sum of one dollar.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached quit claim deed and all other related documents
between the County of Oakland and the City of Auburn Hills, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Quit Claim Deed and Aerial Map on file in County Clerk’s office.
Commissioners Minutes Continued. April 22, 2004
218
FISCAL NOTE (MISC. #04089)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO CONVEY GIDDINGS ROAD
RIGHT OF WAY TO THE CITY OF AUBURN HILLS PART OF PARCEL NO.14-03-100-028
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution approves and authorizes the conveyance via Quit Claim deed of the east
60 feet of County-owned Parcel No. 14-03-100-028 to the City of Auburn Hills for the sum
of $1.
2. The City of Auburn Hills has requested that Oakland County convey part of Parcel No.
14-03-100-028 for road right of way purposes for the installation of underground electrical
conduit by Detroit Edison.
3. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 222.)
*MISCELLANEOUS RESOLUTION #04095
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (EXHIBIT ENTERPRISES, INC.
PROJECT) – CITY OF ROCHESTER HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions
of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen
and revitalize the County's economy and to encourage the location and expansion of such enterprises to
provide needed services and facilities to the County and its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of
1974, as amended (the "Act") provides a means for the encouragement of such projects in this County
through the County's Economic Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Pratt &
Miller Engineering and Fabrication, Inc. Project) and has designated to this Board of Commissioners a
Project Area and Project District Area for its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies
and approves the Project Area as designated by the EDC.
BE IT FURTHER RESOLVED that it having been determined that the territory surrounding said
designated Project Area will not be significantly affected by the Project because the surrounding territory
is devoted to commercial/industrial uses, a Project District Area having the same description as and
boundaries coterminous with the Project Area herein certified as approved be hereby established.
BE IT FURTHER RESOLVED that it having been determined that there are less than eighteen residents,
real property owners, or representatives of establishments located within the Project District Area, a
Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 222.)
Commissioners Minutes Continued. April 22, 2004
219
*MISCELLANEOUS RESOLUTION #04096
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (EXHIBIT ENTERPRISES, INC.
PROJECT) - CITY OF ROCHESTER HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The
Economic Development Corporation of the County of Oakland designating a Project Area and Project
District Area for a project (Exhibit Enterprises, Inc. Project) under the Economic Development
Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland
of two additional directors to the Board of said Economic Development Corporation in connection with
said Project, in accordance with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
appointments of Ed Anzek and Paul Rizzardi, who are representative of neighborhood residents and
business interests likely to be affected by said Project, to the Board of Directors of The Economic
Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2)
of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if
undertaken, is completed in accordance with the Project Plan therefore.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby
repealed, but only to the extent of such conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Assistant Secretary of the Board of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 222.)
*MISCELLANEOUS RESOLUTION #04097
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (PRATT AND MILLER
ENGINEERING AND FABRICATION, INC. PROJECT) - LYON CHARTER TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions
of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen
and revitalize the County's economy and to encourage the location and expansion of such enterprises to
provide needed services and facilities to the County and its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of
1974, as amended (the "Act") provides a means for the encouragement of such projects in this County
through the County's Economic Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Pratt &
Miller Engineering and Fabrication, Inc. Project) and has designated to this Board of Commissioners a
Project Area and Project District Area for its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies
and approves the Project Area as designated by the EDC.
BE IT FURTHER RESOLVED that it having been determined that the territory surrounding said
designated Project Area will not be significantly affected by the Project because the surrounding territory
is devoted to commercial/industrial uses, a Project District Area having the same description as and
boundaries coterminous with the Project Area herein certified as approved be hereby established.
BE IT FURTHER RESOLVED that it having been determined that there are less than eighteen residents,
real property owners, or representatives of establishments located within the Project District Area, a
Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
Commissioners Minutes Continued. April 22, 2004
220
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 222.)
*MISCELLANEOUS RESOLUTION #04098
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (PRATT AND MILLER
ENGINEERING AND FABRICATION, INC. PROJECT) - LYON CHARTER TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The
Economic Development Corporation of the County of Oakland designating a Project Area and Project
District Area for a project (Pratt and Miller Engineering and Fabrication, Inc. Project) under the Economic
Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act");
and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland
of two additional directors to the Board of said Economic Development Corporation in connection with
said Project, in accordance with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
appointments of Pamela Johnson and Joseph Shigley, who are representative of neighborhood residents
and business interests likely to be affected by said Project, to the Board of Directors of The Economic
Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2)
of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if
undertaken, is completed in accordance with the Project Plan therefore.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby
repealed, but only to the extent of such conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Assistant Secretary of the Board of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 222.)
*MISCELLANEOUS RESOLUTION #04099
BY: Public Services Committee, Hugh D. Crawford, 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 15, 2004; and
WHEREAS the Sheriff of Oakland County, by letter of March 13, 2004, 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.
Commissioners Minutes Continued. April 22, 2004
221
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of letter from Mark Newman, Captain Technical Services Division of Oakland County Sheriff’s
Department, and Inventory Sheet for the Spring Auction on file in County Clerk’s office.
(The vote for this motion appears on page 222.)
*MISCELLANEOUS RESOLUTION #04100
BY: Public Services Committee, Hugh Crawford, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – FISCAL
YEAR 2003/2004 DRUNK DRIVER JAIL REDUCTION AND COMMUNITY TREATMENT PROGRAM
GRANT AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS per Miscellaneous Resolution #03291, the Department of Public Services Community
Corrections Division was awarded the initial grant by the Michigan Department of Corrections (MDOC) for
$3,046,631 in grant funds for the period of October 1, 2003, through September 30, 2004; and
WHEREAS an amendment to the grant award of $570,038 for the period of February 1, 2004 through
September 30, 2004 for the Drunk Driver Jail Reduction and Community Treatment Program is a new
initiative program in conjunction with the FY 2003/2004 Community Corrections grant; and
WHEREAS the MDOC has awarded Oakland County a FY 2003/2004 Community Corrections grant in
the total amount of $3,616,669, which is a variance of 18.7% ($570,038) more than the original grant
award; and
WHEREAS the grant funds eighteen (18) Community Corrections Specialist IIs (positions # 7424, 7425,
7426, 7427, 7429, 7430, 7431, 7432, 7433, 7434, 9247, 9001, 9003, 9243, 9291, 9292, 9648, 9949); one
(1) Community Corrections Specialist I (position #9292), one (1) Office Assistant II (position #9295), one
(1) Community Corrections User Support Specialist (position #7834) and one (1) Community Corrections
Specialist III (position #7428); and
WHEREAS the grant acceptance requires no additional personnel to fulfill the grant agreement; and
WHEREAS there is no County match required with this grant; however it should be noted that there are
General Fund/General Purpose funded Community Corrections Specialist positions included in the Fiscal
Year 2003/2004 Budget, which are not part of this grant; and
WHEREAS the grant agreement has been approved by the County Executive's Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY
2003/2004 amended Community Corrections grant from the Michigan Department of Corrections in the
amount of $3,616,669.
BE IT FURTHER RESOLVED that the future level of service, including personnel (except the portion of
Pretrial Services currently funded by the General Fund/General Purpose Fund) will be contingent upon
the level of funding available from the State.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Contract Review – Community Corrections, First Amendment to the Agreement between the
State of Michigan Department of Corrections and Oakland County Comprehensive Corrections Plans,
Rider D - Proposal for Drunk Driver Jail Reduction & Community Treatment Program Funds – Fiscal Year
2004, Budget Summary of Funding Sources Fiscal Year 2004, and Michigan Department of Corrections –
Office of Community Corrections Comprehensive Plans and Service Funds Monthly Expenditure Report
Fiscal Year 2004 on file in County Clerk’s office.
Commissioners Minutes Continued. April 22, 2004
222
FISCAL NOTE (MISC. #04100)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – FISCAL
YEAR 2003/2004 DRUNK DRIVER JAIL REDUCTION AND COMMUNITY TREATMENT PROGRAM
GRANT 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. The State of Michigan has awarded the Oakland County Community Corrections Division
a FY 2003/2004 grant award totaling $3,616,669 for the period of October 1, 2003
through September 30, 2004.
2. The initial grant of $3,046,631 was accepted by Oakland County through Miscellaneous
Resolution #03291.
3. The amended grant award of $570,038 for the period of February 1, 2004 through
September 30, 2004 for the Drunk Driver Jail Reduction and Community Treatment
Program is a new initiative program in conjunction with the FY 2003/2004 Community
Corrections grant.
4. The grant funds eighteen (18) Community Specialists IIs, one (1) Community Corrections
Specialist I, one (1) Office Assistant II, one (1) Community Corrections User Support
Assistant II, and one (1) Community Corrections Specialist III.
5. The grant would not require additional staff to fulfill the grant agreement.
6. The following budget amendment is recommended for FY 2004:
Public Services/Community Corrections (270) FY 2004
Revenues
17-302100-70320-0171 Grants - State $ 415,238
17-302100-70330-0171 Grants - State 154,800
Total Revenues $ 570,038
Expenditures
17-210712-70320-3348 Professional Services $ 415,238
17-302204-70330-3348 Professional Services 154,800
$ 570,038
$ -0-
7. The Sheriff's Office General Fund Budget is anticipated to increase in revenue from
assessment fees charged to this grant. However, the number of assessments
anticipated is unknown at this time, and therefore, no budget amendment is required to
the General Fund at this time.
8. As information becomes available regarding the number of assessments, a budget
adjustment will be recommended with the 3rd Quarter Financial Forecast.
FINANCE COMMITTEE
Vote on resolutions on the Consent Agenda:
AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall,
Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Webster, Wilson, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted.
Commissioners Minutes Continued. April 22, 2004
223
MISCELLANEOUS RESOLUTION #04101
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: BOARD OF COMMISSIONERS – PROPOSED CHARTER TOWNSHIP OF HIGHLAND
DOWNTOWN DEVELOPMENT AUTHORITY – TAX CAPTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners supports the economic growth of Oakland
County; and
WHEREAS one of the tools used to promote this economic growth is tax increment financing in the form
of Downtown Development Authorities (DDAs) and Local Development Finance Authorities (LDFAs); and
WHEREAS to review requests from the County’s cities, villages, and townships to establish DDAs and
LDFAs, the Board of Commissioners, pursuant to Miscellaneous Resolution #99010, established the Tax
Increment Financing District Review Policy Ad Hoc Committee (Ad Hoc Committee) to evaluate and
recommend to the Finance Committee on the County’s participation in these proposed authorities; and
WHEREAS on August 23, 2000, the Charter Township of Highland (Highland) held a public hearing to
consider the adoption of a proposed ordinance to establish a DDA; and
WHEREAS pursuant to Miscellaneous Resolution #00236 the Oakland County Board of Commissioners
determined to exempt County taxes from capture by the proposed Highland DDA for the reasons set forth
in that resolution; and
WHEREAS Miscellaneous Resolution #00236 further provided that if Highland could demonstrate to the
County that its DDA complied with all statutory requirements, the County would be willing to review and
negotiate with Highland a mutually beneficial agreement to enhance the economic development of both
the County and Highland; and
WHEREAS the County, through the appropriate County departments and officials, also offered to work
with Highland to create a Downtown Development Authority consistent with County criteria and state
laws; and
WHEREAS subsequent to the events of 2000, outlined above, Highland went forward with its DDA plans
without County participation; in addition, Highland had numerous meetings and discussions with County
Economic Development staff in an effort to comply with criteria set forth by the Ad Hoc Committee; and
WHEREAS on February 25, 2004, the Township held a public hearing to consider the adoption of a
proposed amendatory ordinance for the expansion of its DDA boundaries; and
WHEREAS although Miscellaneous Resolution #00236 referenced the County’s decision to “opt out” of
the 2000 plan, it also evidenced the County’s willingness to negotiate with Highland and the DDA for the
County’s participation in a revised plan; and
WHEREAS upon further review and successful negotiations with Highland and the DDA, the Ad Hoc
Review Committee now recommends participation in the proposed amendatory DDA plan presented at
the February 25, 2004, public hearing, as set forth in the attached agreement and exhibits.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
rescinds Miscellaneous Resolution #00236.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the County’s limited
participation in Highland Township’s amended February, 2004, DDA plan as set forth in the attached
agreement and accompanying exhibits.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Agreement between the County of Oakland Highland Township, and the Highland Township
Downtown Development Authority, Charter Township of Highland Ordinance No. 418 Downtown
Development Authority Ordinance, Legal Description for Highland Township DDA, Exhibit A, Map of
Highland Downtown Development District, Exhibit A-1, B, B-1, C on file in County Clerk’s office.
Moved by Moss supported by Palmer the resolution be adopted.
AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Long,
McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster,
Wilson, Zack, Bullard, Coleman. (24)
NAYS: None. (0)
Commissioners Minutes Continued. April 22, 2004
224
A sufficient majority having voted therefore, the resolution was adopted.
As a point of personnel privilege Commissioner Bill Bullard introduced Highland Township Supervisor
Patricia M. Pilchowski; Chairperson of the Downtown Development Authority (DDA) Keith Rhodes; and
Highland Township Planning Director Beth Corwin.
REPORT (MISC. #04068)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: ROAD COMMISSION FOR OAKLAND COUNTY – APPROPRIATION OF ONE-TIME FUNDING
FOR COUNTY ROAD PROJECTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #04068 on April 5,
2004, reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #04068
BY: Thomas A. Law, David L. Moffitt, Chuck Moss
IN RE: ROAD COMMISSION FOR OAKLAND COUNTY - APPROPRIATION OF ONE-TIME FUNDING
FOR COUNTY ROAD PROJECTS
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the Road Commission for Oakland County (Road Commission) suffered considerable
damage to some of its facilities and equipment due to a recent fire; and
WHEREAS the Road Commission has indicated that it may have to redirect some of its current year’s
budget for equipment and facility replacement costs that are not covered by insurance; and
WHEREAS this potentially could impact the ability of the Road Commission to complete some planned
county road projects without additional resources; and
WHEREAS the County Executive has proposed providing one-time funding to the Road Commission in
the amount of $400,000 for Fiscal Year 2003/2004 to keep Oakland County’s road program intact.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves one-
time funding not to exceed $400,000 in Fiscal Year 2003/2004 to be used for the construction,
maintenance and repair of highways under the supervision of the Road Commission for Oakland County.
BE IT FURTHER RESOLVED that release of any portion of the funding be contingent upon a plan which
specifies specific use of the funding, to be approved by the Board of Commissioners General
Government Committee.
Chairperson, we move the adoption of the foregoing resolution.
THOMAS A. LAW, DAVID L. MOFFITT, CHUCK
MOSS, CHARLES E. PALMER, GREG JAMIAN,
EILEEN KOWALL, JEFF POTTER, SUE ANN
DOUGLAS, TOM MIDDLETON, HUGH D.
CRAWFORD, BILL BULLARD, ERIC A.
WILSON, CHRISTINE A. LONG, MARTIN
KNOLLENBERG, WILLIAM R. PATTERSON,
JOHN SCOTT
Commissioners Minutes Continued. April 22, 2004
225
FISCAL NOTE (MISC. #04068)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: ROAD COMMISSION FOR OAKLAND COUNTY – APPROPRIATION OF ONE-TIME FUNDING
FOR COUNTY ROAD PROJECTS
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 Road Commission for Oakland County (Road Commission) suffered considerable
damage to some of its facilities and equipment due to a recent fire.
2. The Road Commission has determined that it may need to redirect some of its current year’s
budget for equipment and facility replacement costs not covered by insurance.
3. The County Executive has proposed providing one-time funding to the Road Commission in
the amount of $400,000 in Fiscal Year 2004 to be used for construction, maintenance and
repair of highways under the supervision of the Road Commission for Oakland County.
4. Funding has been set aside in the DTRF to cover Road Commission Project.
5. The Budget is amended as follows:
FY 2004
Delinquent Tax Revolving Fund (616)
22-221703-98101-8001 Transfers - Out $400,000
22-221703-98101-8005 Change in Fund Equity (400,000)
$ -0-
General Fund (101)
90-360000-98616-1701 Transfers - In 400,000
90-210000-95200-3196 Miscellaneous 400,000
Est. Revenue over Expense $ -0-
FINANCE COMMITTEE
Moved by Moss supported by Suarez the resolution be adopted.
Moved by Suarez supported by Wilson the General Government Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Discussion followed.
Vote on resolution:
AYES: Crawford, Douglas, Gregory, Jamian, Knollenberg, Kowall, Long, McMillin, Middleton,
Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard,
Coleman, Coulter. (23)
NAYS: Hatchett. (1)
A sufficient majority having voted therefore, the resolution was adopted.
Richard G. Skarritt, Chairperson of the Road Commission for Oakland County addressed the Board in
regards to Miscellaneous Resolution #04068 – Road Commission for Oakland County – Appropriation of
One-Time Funding for County Road Projects.
MISCELLANEOUS RESOLUTION #04102
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - 2004 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 and Budget has
examined the assessment rolls of the several townships and cities within Oakland County to ascertain
Commissioners Minutes Continued. April 22, 2004
226
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 (7) of the Board of Commissioners
adopted on January 8, 2004, has reviewed the findings and recommendations of the Equalization
Manager and conducted hearings to provide for local intervention into the equalization process; and
WHEREAS based on its findings, the Equalization Division has presented to the Finance Committee the
recommended 2004 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 are 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
2004 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 of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Moved by Moss supported by Coulter the resolution be adopted.
AYES: Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Long, McMillin, Middleton,
Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard,
Coleman, Coulter, Crawford. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
REPORT (MISC. #04076)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – PAYMENT IN LIEU OF TAXES (PILT)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #04076 on April 5,
2004, reports with a recommendation that the resolution be amended by deleting the first BE IT
FURTHER RESOLVED paragraph.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #04076
BY: Commissioner Eric Coleman, District #23
IN RE: BOARD OF COMMISSIONERS - PAYMENT IN LIEU OF TAXES (PILT)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan provides local units of governments with a Payment in Lieu of Taxes
(PILT) for all tax-reverted, recreation and forest land that is owned by the State and administered by the
Department of Natural Resources; and
WHEREAS the state of Michigan executive budget recommendation on the payment in lieu of taxes
(PILT) includes the recommendation that payments on property purchased by the Department of Natural
Resources (DNR) shall move from the responsibility of the DNR and be paid from the state’s statutory
revenue sharing pot and that payments are frozen at 2003 levels; and
WHEREAS in Oakland County, the cities and villages would experience a combined revenue loss of
$229,000 and the county would lose $175,000. The revenue loss for all taxing authorities within Oakland
County would amount to $1.2 million; and
WHEREAS the DNR has not yet paid its obligation under PILT for Fiscal Year 2004, although the
Legislature appropriated funding for this purpose; and
Commissioners Minutes Continued. April 22, 2004
227
WHEREAS the Administration’s proposal for revenue sharing this year includes total elimination of county
revenue sharing. Linking PILT to this source creates an unstable base of funding for this program which is
critical to maintain key county services; and
WHEREAS freezing PILT payments potentially increases the tax burden of all other county residents and
represents a real cut in funding for critical programs because of Headlee requirements; and
WHEREAS the Administration’s proposal takes away any incentive for the DNR to utilize prudence in
deciding which parcels of property to purchase; and
WHEREAS these two programs have distinctly different purposes, revenue sharing is to be utilized
statewide for counties to conduct state-mandated programs, and PILT is used to offset pressures of
providing services in those specific areas where state land is prevalent; and
WHEREAS another component of this budget proposal is to cap commercial forest payments at 1994
levels, a proposal which is particularly difficult for Upper Peninsula Counties; and
WHEREAS Oakland County officially opposes the Administration’s proposal for PILT funding and strongly
urges the Legislature to maintain the current process of having the DNR make PILT payments.
NOW THEREFORE BE IT RESOLVED that Oakland County supports funding the payments by utilizing
any and all possible DNR sources of funding, including restricted funds and revenue from the sale of state
lands.
BE IT FURTHER RESOLVED that Oakland County also supports efforts to streamline tax bills so the
DNR gets just one bill from each county and supports giving local governments veto authority on future
DNR land purchases, in their respective jurisdictions.
BE IT FURTHER RESOLVED that the Oakland County Clerk forward copies of this adopted resolution to
Governor Jennifer Granholm, Senator Shirley Johnson, Senator Michelle McManus, Representative Marc
Shulman, Representative John Pastor, the Oakland County delegation to the state legislature, Michigan
Association of Counties and Oakland County's legislative lobbyists.
Chairperson, I move the adoption of the foregoing resolution.
ERIC COLEMAN, VINCENT GREGORY,
HELAINE ZACK, MATTIE HATCHETT, HUGH
CRAWFORD, JEFF POTTER, CHARLES
PALMER, ERIC WILSON, CHUCK MOSS,
GEORGE SUAREZ, WILLIAM PATTERSON,
MARTIN KNOLLENBERG, CHRISTINE LONG,
EILEEN KOWALL, JOHN SCOTT, SUE ANN
DOUGLAS, GREG JAMIAN, MICHAEL
ROGERS
Moved by Patterson supported by Coulter the resolution be adopted.
Moved by Middleton supported by Coleman the General Government Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Knollenberg the resolution be amended to coincide with the
recommendation in the General Government Committee Report.
A sufficient majority having voted therefore, the amendment carried.
Vote on resolution, as amended:
AYES: Gregory, Hatchett, Jamian, Knollenberg, Kowall, Long, McMillin, Middleton, Moffitt, Moss,
Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman,
Coulter, Crawford, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
Commissioners Minutes Continued. April 22, 2004
228
As a point of personnel privilege Commissioner Bill Bullard introduced his mother who was visiting here
from Florida.
REPORT
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS - APPOINTMENT TO THE ELECTIONS SCHEDULING
COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the vacancy on the Elections Scheduling
Committee, recommends the appointment of Kevin McLogan for the one-year term expiring on December
31, 2004.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Application on file in County Clerk’s office.
Moved by Patterson supported by Bullard the General Government Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Vice Chairperson David Moffitt opened nominations for the vacancy on the Elections Scheduling
Committee.
Commissioner Palmer nominated Kevin McLogan.
There being no other nominations, Vice Chairperson Moffitt declared the nominations closed, and an
unanimous vote be cast.
Vote on appointment to the Elections Scheduling Committee:
AYES: Hatchett, Jamian, Knollenberg, Kowall, Long, McMillin, Middleton, Moffitt, Moss, Palmer,
Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter,
Crawford, Douglas, Gregory. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the appointment of Kevin McLogan to the Elections
Scheduling Committee for a one year term ending December 31, 2004 was confirmed.
MISCELLANEOUS RESOLUTION #04103
By: General Government Committee, William Patterson, Chairman
IN RE: COUNTY CLERK/REGISTER OF DEEDS – NEW NOTARY PUBLIC ACT; REQUEST TO
ASSESS MANDATED APPLICATION FEE PURSUANT TO STATUTE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS effective April 1, 2004, a new statute was put into effect which established new rules,
procedures and fees relative to the appointment of a notary public in the state of Michigan, known as the
Michigan Notary Public Act, Act 238 of 2003; and
WHEREAS the Notary Public statute (MCL 55.273 (3) ) mandates that each applicant "shall pay a $10.00
filing fee to the county clerk" and that from this $10.00 fee, an amount of $2.00 "of each fee collected"
shall be deposited into the state's notary education and training fund established otherwise within the
statute; and
WHEREAS the result of this resolution will bring Oakland County's fee structure in line with the state
mandated fee structure for Notary Public resulting in the county portion rising from $1.00 under the old
law to a $8.00 per application payable to the general fund.
Commissioners Minutes Continued. April 22, 2004
229
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners authorizes the
Clerk and Register of Deeds to increase the county fee for notary public application to $10.00 per
application with $2.00 of this fee to be deposited into the notary education and training fund as mandated
by P.A. 238 of 2003.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
The Vice Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #04104
By: General Government Committee, William Patterson, Chairman
IN RE: COUNTY CLERK/REGISTER OF DEEDS – NEW NOTARY PUBLIC ACT; REQUEST TO
AMEND SERVICE CHARGE AS PROVIDED BY STATUTE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS effective April 1, 2004, a new statute was put into effect which established new rules,
procedures and fees relative to the appointment of a notary public in the state of Michigan, known as the
Michigan Notary Public Act (P.A. 238 of 2003); and
WHEREAS currently the Clerk/Register assesses a service charge of $2.00 to notarize a document and
a $1.00 service charge to prepare a Certification of Notary for our customers in need of such services;
and
WHEREAS the Michigan Notary Public Act 238 of 2003, Section (7) provides that " the fee charged by a
notary public for performing a notarial act shall not be more than $10.00 for any individual transaction or
notarial act" and in Section (10) that a "county clerk may collect a service charge fee of $10.00 for
certifying a notarial act of a notary public."; and
WHEREAS though it is within the purview of the Board of Commissioners to set the fee that may be
charged by the Clerk/Register of Deeds for notary services, it is recommended to the Board that the
service charge be increased to $3.00 for notarization of a document and $5.00 for certification of notary.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Clerk and Register of Deeds to increase the county service charge for notary public services to $3.00 per
notarization of document and $5.00 per certification of notary as is permitted under the Michigan Notary
Public Act 238 of 2003.
Chairperson on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
The Vice Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #04105
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION/JAIL HEALTH PROGRAM -
CREATION OF TWO (2) GF/GP FULL-TIME ELIGIBLE GENERAL STAFF NURSE POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #86196 authorized the housing of female inmates at the Sheriff’s
Work Release Facility; and
WHEREAS female inmates have not been housed in Work Release prior to this due to the high volume of
female inmates that cannot be medically cleared for housing in a facility without medical staff on-site for
monitoring and medication administration; and
WHEREAS the Sheriff’s Department recently opened a new work release facility located adjacent to the
main jail; and
WHEREAS in a continuing effort to efficiently and economically manage the jail population, the Sheriff is
planning to place female inmates in the Work Release facility; and
Commissioners Minutes Continued. April 22, 2004
230
WHEREAS the Health Division is requesting the creation of two (2) GF/GP full-time eligible General Staff
Nurse positions to handle the increased clinical services required by anticipated changes in the Jail Work
Release facility population; and
WHEREAS funding for physical location modifications are covered in the Sheriff’s Current budget; and
WHEREAS funding was placed into the Budget Task, per Miscellaneous Resolution #03117, sufficient to
fund the requested positions.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
creation of two (2) full-time eligible General Staff Nurse positions in Human Services/ Health Division / Jail
Health Program to be assigned to the Work Release Facility.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
The Vice Chairperson referred the resolution to the Personnel Committee and the Finance Committee.
There were no objections.
REPORT (MISC. #04078)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR STATE HOUSE RESOLUTION NO. 159 –
DETROIT WATER AND SEWER COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #04078 on April 5,
2004, reports with a recommendation that the second NOW THEREFORE BE IT RESOLVED paragraph
be amended, as follows:
NOW THEREFORE BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners requests the Michigan House of Representatives to publish the findings of the
House Select Committee.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #04078
BY: Commissioner Eileen T. Kowall, District #6
IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR STATE HOUSE RESOLUTION NO. 159 -
DETROIT WATER AND SEWER COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan State Legislature adopted House Resolution No. 159, to create a select
committee to review the practices and policies of the Detroit Water and Sewerage Department (DWSD);
and
WHEREAS the Detroit Water and Sewerage Department is responsible for providing water services to 4.3
million people in more than 125 communities throughout 8 counties in southeastern Michigan; and
WHEREAS in recent years, the Detroit Water and Sewerage Department has been increasingly criticized
over apparent inconsistencies in its policies, questionable rate differences among communities, and
uncertain lines of authority and communication; and
WHEREAS with the magnitude of the system's impact on the most populous region of Michigan, the
operation of this system and the issues raised need to be correctly identified and addressed; and
WHEREAS an audit conducted to review the department's rate setting uncovered millions of dollars in
overcharges to Oakland County communities. This discovery has raised serious questions about the
accuracy of rates charged throughout the system and the efficiency of many of its procedures; and
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #04027,
which declared that the Mayor of Detroit and the Detroit City Council must permit an evaluation of the
efficiency of the DWSD operations by an independent, outside consultant and such evaluation should be
conducted in a public forum to provide assurances that DWSD is operated efficiently and cost effectively;
and
Commissioners Minutes Continued. April 22, 2004
231
WHEREAS the efficiency of the Detroit Water and Sewerage Department is vitally important to Michigan's
future. The massive power blackout of August 14, 2003, renewed concerns over problems with the
Detroit Water and Sewerage Department. Problems could be very harmful not only to Oakland County
residents and businesses, but also to the state's competitiveness; and
WHEREAS the Michigan House of Representatives acted to create a select committee to review the
practices and policies of the Detroit Water and Sewerage Department, including the setting of rates
throughout the system; the department's billing practices, processes, and procedures; how the
department will refund overcharges; and clarifying the oversight relationship between the department and
the Southeast Michigan Consortium for Water Quality; and
WHEREAS the House Select Committee created to review the practices and policies of the Detroit Water
and Sewerage Department consists of seven (7) members from the House of Representatives, appointed
in the same manner as standing committees of the House of Representatives; and
WHEREAS the House Select Committee is to report its findings and recommendations to the Michigan
Legislature by June 30, 2004.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the House Select Committee that was created with the adoption of House Resolution No. 159, to
review the practices and policies of the Detroit Water and Sewerage Department.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Michigan
House of Representatives to publish the findings of the House Select Committee.
BE IT FURTHER RESOLVED that the Oakland County Clerk forward copies of this adopted resolution to
Governor Jennifer Granholm, Representative Shelley G. Taub, the Oakland County delegation to the
state legislature, Michigan Association of Counties and Oakland County's legislative lobbyists.
Chairperson, we move the adoption of the foregoing Resolution.
EILEEN T. KOWALL, ERIC COLEMAN, SUE
ANN DOUGLAS, JEFF POTTER, THOMAS
MIDDLETON, CHRISTINE LONG, MARTIN
KNOLLENBERG, WILLIAM PATTERSON,
GREG JAMIAN, CHARLES PALMER, ERIC
WILSON, TOM McMILLIN, GEORGE SUAREZ,
HELAINE ZACK
Moved by Patterson supported by Kowall the resolution be adopted.
Moved by Patterson supported by Gregory the General Government Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Rogers the resolution be amended to coincide with the
recommendation in the General Government Committee Report.
A sufficient majority having voted therefore, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Jamian, Knollenberg, Kowall, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson,
Potter, Rogers, Scott, Suarez, Webster, Wilson, Bullard, Crawford, Douglas. (19)
NAYS: Zack, Coleman, Coulter, Gregory, Hatchett. (5)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
Commissioners Minutes Continued. April 22, 2004
232
REPORT (MISC. #04079)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT OF A CHOICE PROGRAM THAT PROVIDES
COMPETITIVE ELECTRIC PRICES FOR OUR CITIZENS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #04079 on
April 5, 2004, reports with a recommendation that the resolution be amended, as follows:
Amend the last BE IT FURTHER RESOLVED paragraph, as follows:
BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Governor
Jennifer Granholm, Oakland County’s State legislators and, the Michigan Association of
Counties, and the Michigan Public Service Commission.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #04079
BY: Commissioner Charles E. Palmer, District #19; Commissioner Greg Jamian, District #16
IN RE: BOARD OF COMMISSIONERS – SUPPORT OF A CHOICE PROGRAM THAT PROVIDES
COMPETITIVE ELECTRIC PRICES FOR OUR CITIZENS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan legislature adopted PA 141 in an attempt to provide Michigan citizens a choice
of affordable electric power; and
WHEREAS Michigan residents, under the current law, are at risk for severe power interruptions due to the
out-of-state companies utilizing Michigan’s existing infrastructure without contributing to the capital
investment of the system. The current Choice Program created by this Act is unsustainable and will lead
to unreasonable rates for small business and residential customers and a bankrupt electrical system; and
WHEREAS consideration should be given to correcting the Choice Program, while maintaining both a
significant choice and a regulated market for our citizens; and
WHEREAS any Choice Market should provide a level playing field, permitting utilities to compete with
non-utilities, requiring each to have the same reserve requirements and provide adequate, reliable
sources of power for all Michigan consumers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports a
Choice Program that provides competitive electric prices for our citizens, while creating a level playing
field for all electrical companies who offer utility services to Michigan’s people.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports modification of
the Act to ensure Michigan’s electric supply remains reliable and affordable.
BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Governor Jennifer
Granholm, Oakland County's State legislators and the Michigan Association of Counties.
Chairperson, we move adoption of the foregoing resolution.
CHARLES E. PALMER, GREG JAMIAN,
CHRISTINE LONG, GEORGE SUAREZ, HUGH
CRAWFORD, ERIC WILSON, MICHAEL LONG,
MARTIN KNOLLENBERG, SUE ANN
DOUGLAS, BILL BULLARD JR., THOMAS
MIDDLETON, EILEEN KOWALL, WILLIAM
PATTERSON, JEFF POTTER
Moved by Patterson supported by Potter the resolution be adopted.
Moved by Patterson supported by Jamian the General Government Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Commissioners Minutes Continued. April 22, 2004
233
Moved by Patterson supported by Rogers the resolution be amended to coincide with the
recommendation in the General Government Committee Report.
A sufficient majority having voted therefore, the amendment carried.
Vote on resolution, as amended:
AYES: Knollenberg, Kowall, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter,
Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas,
Gregory, Hatchett, Jamian. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
REPORT (MISC. #04055)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE PROJECT COSTS, ASSESSMENT
ROLL AND ISSUANCE OF BONDS FOR WATKINS LAKE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution, reports in concurrence with
the Planning and Building Committee's action. There are no changes in the Fiscal Note.
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report.
FINANCE COMMITTEE
REPORT (MISC. #04055
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER – RESOLUTION TO APPROVE PROJECT COSTS, ASSESSMENT
ROLL AND ISSUANCE OF BONDS FOR WATKINS LAKE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee having reconsidered Miscellaneous Resolution #04055 on
April 6, 2004 reports to the Board with the recommendation Exhibit B dated March 26, 2004 be
substituted and the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #04055
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE PROJECT COSTS, ASSESSMENT
ROLL AND ISSUANCE OF BONDS FOR WATKINS LAKE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, by the adoption on December 12, 2002 of
Miscellaneous Resolution #02324 deemed that it was in the public’s best interest to proceed with
construction of a new augmentation well and drain outlet for maintaining the normal summer height and
level and establishing the normal winter height and level of Watkins Lake, located in Waterford Township,
pursuant with the provisions of Part 306 of Act No. 451 of the Public Acts of Michigan of 1994, as
amended (the “Act”); and
WHEREAS said Resolution designated the Drain Commissioner to act on behalf of the Board of
Commissioners to oversee the design and construction of a new augmentation well and drain outlet for
Watkins Lake and to prepare a special assessment district (the “Special Assessment District”) and a
special assessment roll (the “Special Assessment Roll”) designating each parcel of land that will benefit
from the maintenance of the normal summer height and level and the establishment of the normal winter
height and level; and
Commissioners Minutes Continued. April 22, 2004
234
WHEREAS the aforesaid Board of Commissioner’s Resolution did resolve to finance the cost of
constructing a new augmentation well and drain outlet for Watkins Lake, to be repaid from said Special
Assessment Roll; and
WHEREAS the office of the Drain Commissioner, in conjunction with the Department of Corporation
Counsel, was authorized to initiate a complaint in the Circuit Court for the County of Oakland to maintain
the normal summer height and level and establish a normal winter height and level for Watkins Lake and
to construct a new augmentation well and drain outlet; and
WHEREAS the office of the Drain Commissioner, in conjunction with the Department of Corporation
Counsel, did on October 29, 2003 present motions and pleadings in Circuit Court resulting in said County
maintaining the normal summer height and level and establishing a normal winter height and level and
confirming the Special Assessment District; and
WHEREAS the Drain Commissioner has prepared an estimate of costs for the new Watkins Lake
Augmentation Well Project in the amount of $520,000 attached hereto as Exhibit A; and
WHEREAS as required by the provisions of the Act, the Drain Commissioner held a Public Hearing on
March 12, 2004 concerning the assessment of $520,000 in project costs (the “Project Costs”) to be repaid
from the aforementioned Special Assessment Roll attached hereto as Exhibit B; and
WHEREAS in accordance with said Act, the Drain Commissioner herewith submits for approval to the
Board of Commissioners both the estimated $520,000 Project Costs attached hereto as Exhibit A and a
Special Assessment Roll attached hereto as Exhibit B to pay for the cost of the Watkins Lake
Augmentation Well Project; and
WHEREAS per the Order of the Circuit Court, upon the approval of the Special Assessment Roll by the
Board of Commissioners, said proposed assessment plan shall be submitted to the Circuit Court for a
Show Cause Hearing and approval; and
WHEREAS the Drain Commissioner has by order approved the issuance of Bonds in an amount not to
exceed $520,000 as set forth in the Bond Authorizing Order attached hereto as Exhibit C.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland;
Michigan, as follows:
1. The Project Costs attached hereto as Exhibit A and the Special Assessment Roll
attached hereto as Exhibit B are each hereby approved.
2. The District is authorized to issue Bonds in an amount not to exceed $520,000 as set
forth in Exhibit C.
3. All activities involved in the planning and construction of this Project under this resolution
shall comply with the standing rules of the Board of Commissioners.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Exhibit A, Certification of Final Special Assessment Roll Watkins Lake Level Special Assessment
District, Watkins Lake Level Proposed Assessment Roll, and Exhibit C on file in County Clerk’s office.
FISCAL NOTE (MISC. #04055)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DRAIN COMMISSIONER – RESOLUTION TO APPROVE PROJECT COSTS, ASSESSMENT
ROLL AND ISSUANCE OF BONDS FOR WATKINS LAKE
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. With the adoption of Miscellaneous Resolution #02324, the Drain Commissioner is
requesting approval for project costs, assessment roll and issuance of bonds for the
construction of an augmentation well and drain outlet for maintaining the normal summer
and winter height of Watkins Lake.
Commissioners Minutes Continued. April 22, 2004
235
2. The Drain Commissioner is requesting approval of the estimated $520,000.00 Watkins
Lake Augmentation Well Project costs to be assessed against all benefiting property
owners within the special assessment district for Watkins Lake.
3. The Drain Commissioner hereby submits to the Board of Commissioners the approval of
a Special Assessment Roll to pay for the estimated $520,000.00 project cost of the
Watkins Lake Augmentation Well Project.
4. To provide financing for the project, the Drain Commissioner is requesting approval of the
issuance of bonds in the amount not to exceed $520,000.00.
5. The Bond proceeds will be deposited into a separate lake level project fund.
6. The special assessment collections will be deposited into a separate debt service fund
and will be used to make the required debt service payments.
7. No funding is needed from General Fund/General Purpose and no budget amendment is
required.
FINANCE COMMITTEE
Moved by Palmer supported by Moss the resolution be adopted.
Moved by Palmer supported by McMillin the Finance Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Palmer supported by Zack the Planning and Building Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Palmer supported by Suarez the resolution be amended to coincide with the recommendation
in the Planning and Building Committee Report.
Vote on resolution, as amended:
AYES: Kowall, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers,
Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas,
Gregory, Hatchett, Jamian, Knollenberg. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
REPORT (MISC. #04056)
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER – WATKINS LAKE AUGMENTATION WELL PROJECT – FULL
FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee having reconsidered Miscellaneous Resolution #04056 on
April 6, 2004 Reports to the Board with the recommendation the Resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing
Report.
PLANNING AND BUILDING COMMITTEE
REPORT (MISC. #04056)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DRAIN COMMISSIONER - WATKINS LAKE AUGMENTATION WELL PROJECT - FULL FAITH
AND CREDIT RESOLUTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution, reports in concurrence with
the Planning and Building Committee's action. There are no changes in the Fiscal Note.
Commissioners Minutes Continued. April 22, 2004
236
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #04056
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - WATKINS LAKE AUGMENTATION WELL PROJECT - FULL FAITH
AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by order of the Oakland County Circuit Court dated October 29, 2003, the Watkins Lake
Special Assessment District (the “District”) was continued for the purpose of maintaining the summer
height and level and establishing the winter height and level in Watkins Lake known as the Watkins Lake
Augmentation Well Project (the “Project”) and the Oakland County Drain Commissioner (the “Drain
Commissioner”) as earlier authorized by a resolution of the Oakland County Board of Commissioners as
the “Delegated Authority” for the District; and
WHEREAS the Drain Commissioner has held a hearing on the Project Costs and Special Assessment
Roll for the Project for which bonds are to be issued in the aggregate principal amount of not to exceed
$520,000; and
WHEREAS the Drain Commissioner has ordered bonds to be issued for the Project in the District which
bonds are to be called Watkins Lake Level Bonds, Series 2004 (the “Bonds”) which Bonds will be dated
as of such date, will bear interest at such rates not to exceed 7% per annum, will be in the aggregate
principal amount necessary to construct the Project, will mature in such years and principal amounts, and
will be subject to redemption prior to maturity as shall be determined by the Order of the Drain
Commissioner at the time of sale; and
WHEREAS the Drain Commissioner deems it advisable and necessary to obtain from this Board a
resolution pledging the full faith and credit of the County of Oakland (the “County”) for the payment of the
principal of and interest on the Bonds; and
WHEREAS it is in the best interest of the County that the Bonds be sold in order to defray the cost of
construction of the Project.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. Pursuant to the authorization provided in Section 3075 of Act No. 451 of the Public Acts
of Michigan of 1994, as amended, the Board of Commissioners of the County hereby
pledges irrevocably the full faith and credit of the County for the prompt payment of the
principal of and interest on the Bonds and agrees that, in the event the property owners
on the Special Assessment Roll shall fail or neglect to account to the County Treasurer
for the amount of any special assessment installment and interest when due, the amount
thereof shall be advanced immediately from County funds, and the County Treasurer is
directed to make such advancement to the extent necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out
of County funds all or any part of an installment and interest, it shall be the duty of the
County Treasurer, for and on behalf of the County, to take all actions and proceedings
and pursue all remedies permitted or authorized by law for the reimbursement of such
sums so paid.
3. The County Executive, if necessary, is authorized to file with the Department of Treasury
of the State of Michigan on behalf of the County an Application for State Treasurer’s
Approval to Issue Bonds with respect to the Bonds.
4. The County Treasurer is authorized to approve the circulation of a preliminary and final
official statement for the Refunding Bonds, to cause the preparation of those portions of
the preliminary and final official statement that pertain to the County, and to do all other
things necessary for compliance with Rule 15c2-12 issued under the Securities
Exchange Act of 1934, as amended (the “Rule”). The County Treasurer is authorized to
execute and deliver such certificates and to do all other things that are necessary to
effectuate the sale and delivery of the Refunding Bonds.
Commissioners Minutes Continued. April 22, 2004
237
5. All activities involved in the planning and construction of this Project under this resolution
shall comply with the standing rules of the Board of Commissioners.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (MISC. #04056)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DRAIN COMMISSIONER – WATKINS LAKE AUGMENTATION WELL PROJECT – FULL FAITH
AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Drain Commissioner is requesting that the Board of Commissioners pledge the full
faith and credit of the County of Oakland for the payment of the principal and interest on
the Bonds called Watkins Lake Level Bonds, Series 2004 for the Watkins Lake
Augmentation Well Project.
2. The Bonds are not to exceed $520,000.00 to pay for the construction of the augmentation
well and drain outlet for maintaining the normal summer and winter height of Watkins
Lake.
3. The Bonds will bear an interest rate not to exceed 7% per annum, will be in an aggregate
principal amount necessary to cover the construction cost of the Project, and will be
callable prior to maturity as determined necessary by the Drain Commissioner at the time
of issue.
4. An assessment roll was established to pay for all the cost of the Project by all the
benefiting property owners within the special assessment district.
5. There are no General Fund fiscal implications with this item and therefore, no budget
amendment is required.
FINANCE COMMITTEE
Moved by Palmer supported by Wilson the resolution be adopted.
Moved by Palmer supported by Bullard the Planning and Building Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Palmer supported by Suarez the Finance Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Vote on resolution:
AYES: Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott,
Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory,
Hatchett, Jamian, Knollenberg, Kowall. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
Commissioner Palmer requested a Public Hearing be scheduled for the purpose of allowing public
comment on the Planning and Economic Development Services Division Resolution Approving Project
Plan (Exhibit Enterprises, Inc. Project) – City of Rochester Hills. The Vice Chairperson scheduled the
Public Hearing for May 6, 2004 at 9:45 a.m. in the Board of Commissioners Auditorium.
Commissioners Minutes Continued. April 22, 2004
238
MISCELLANEOUS RESOLUTION #04106
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF
PONTIAC 2004-2006
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 Department
to enter into contracts with local units of government for the purpose of providing Sheriff patrol services;
and
WHEREAS Miscellaneous Resolution #03265 adopted October 2, 2003, established the standard law
enforcement services overtime rates for the period 2004-2008; and
WHEREAS the City of Pontiac 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 Pontiac has requested that a contract for special events on an overtime basis be
authorized; and
WHEREAS by Miscellaneous Resolution #02119 the Board of Commissioners authorized a contract for
these services for 2002 and 2003; and
WHEREAS the Sheriff has agreed to contract for this service with the City of Pontiac.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached contract with the City of Pontiac for special events on an overtime basis at rates established by
this Board.
BE IT FURTHER RESOLVED that this contract will take effect on April 1, 2004.
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 Pontiac, and Attachments A and B
on file in County Clerk’s office.
The Vice Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #04107
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - TORNADO
WARNING SYSTEM EXPANSION – TOWNSHIP OF BRANDON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #7865, 7971, and
8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the
Oakland County Tornado Warning System; and
WHEREAS the County share of the costs will remain at twenty-five percent, as has been the policy
previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby
local units pay seventy-five percent with the County being responsible for the maintenance and electrical
costs for the sirens purchased; and
WHEREAS the Township of Brandon, has executed the attached purchase agreement; and
WHEREAS the Township of Brandon has agreed to pay seventy-five percent of the total estimated cost of
one siren; and
WHEREAS consistent with the attached standard agreement, the Township of Brandon agrees that
Oakland County will retain ownership of the siren and will be responsible for the maintenance and the
electrical costs for said siren purchased under this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
contract with the Township of Brandon for the purchase of one (1) tornado siren.
BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution
of the attached written agreement between the County and the Township of Brandon.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. April 22, 2004
239
Copy of Township of Brandon Tornado Sirens Budget Summary, and Severe Weather Warning System
Interlocal Agreement between Oakland County and Brandon Township on file in County Clerk’s office.
The Vice Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #04042)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: BOARD OF COMMISSIONERS – ADDITION OF TWO (2) DEPUTY I POSITIONS TO THE
SHERIFF’S TRANSPORT UNIT TO PROVIDE PRISONER TRANSPORT TO THE WATERFORD
TOWNSHIP POLICE DEPARTMENT AND THE ADDITION OF ONE (1) TRANSPORT VAN TO THE
COUNTY FLEET
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution, reports with the
recommendation that the resolution be adopted with the title being amended as follows.
BOARD OF COMMISSIONERS - ADDITION OF TWO (2) DEPUTY I POSITIONS TO AUGMENT
THE SHERIFF'S TRANSPORT UNIT AND TO PROVIDE PRISONER TRANSPORT TO THE
WATERFORD TOWNSHIP POLICE DEPARTMENT AND THE ADDITION OF ONE (1)
TRANSPORT VAN TO THE COUNTY FLEET.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
REPORT (MISC. #04042)
BY: Personnel Committee, Gregory Jamian, Chairperson
IN RE: BOARD OF COMMISSIONERS – ADDITION OF TWO (2) DEPUTY I POSITIONS TO THE
SHERIFF’S TRANSPORT UNIT TO PROVIDE PRISONER TRANSPORT FOR THE 51ST DISTRICT
AND THE ADDITION OF ONE (1) TRANSPORT VAN TO THE COUNTY FLEET
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #04042 on April 7, 2004 reports
with the recommendation the Resolution be adopted with the following amendments:
Correct typographical error in the first WHEREAS, last line”picking up state prisoners of on
various writs, and”
Correct typographical error in the first WHEREAS”w ith radios is needed to perform perform
these transport duties.”
Correct the NOW THEREFORE paragraph to read, “NOW THEREFORE BE IS IT RESOLVED
that the Oakland County Board of Commissioners creates two (2) Deputy I positions in the
Transport Unit, Satellite Division of the Sheriff’s Office.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
REPORT (MISC. #04042)
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: BOARD OF COMMISSIONERS – ADDITION OF TWO (2) DEPUTY I POSITIONS TO THE
SHERIFF’S TRANSPORT UNIT TO PROVIDE PRISONER TRANSPORT FOR THE 51ST DISTRICT
COURT AND THE ADDITION OF ONE (1) TRANSPORT VAN TO THE COUNTY FLEET
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed Miscellaneous Resolution #04042 on March 23, 2004,
reports with a recommendation that the resolution be amended, as follows:
1. Amend the IN RE:, as follows: BOARD OF COMMISSIONERS – ADDITION OF TWO (2)
DEPUTY I POSITIONS TO THE SHERIFF’S TRANSPORT UNIT TO PROVIDE PRISONER
TRANSPORT FOR TO THE 51ST DISTRICT COURT WATERFORD TOWNSHIP POLICE
DEPARTMENT AND THE ADDITION OF ONE (1) TRANSPORT VAN TO THE COUNTY FLEET.
2. Amend the 5th WHEREAS, as follows: WHEREAS the addition of two (2) Deputy I positions to
the Sheriff’s Office Transport Unit would facilitate the transport of inmates to and from the 51st
Commissioners Minutes Continued. April 22, 2004
240
District Court Waterford Township Police Department as well as augment other Transport Unit
responsibilities; and
Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION #04042
BY: Commissioners Eileen T. Kowall, District #6; John A. Scott, District #5; Thomas F. Middleton,
District #4
IN RE: BOARD OF COMMISSIONERS – ADDITION OF TWO (2) DEPUTY I POSITIONS TO THE
SHERIFF’S TRANSPORT UNIT TO PROVIDE PRISONER TRANSPORT FOR THE 51ST DISTRICT
COURT AND THE ADDITION OF ONE (1) TRANSPORT VAN TO THE COUNTY FLEET
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Transport Unit of the Oakland County Sheriff’s Office is responsible for transporting
inmates to various Courts, police departments, doctors appointments, and performing special court
ordered details, as well as transporting state sentenced inmates throughout Michigan and picking up state
prisoners of various writs; and
WHEREAS due to staffing levels and past practice, every time an inmate is scheduled to appear at the
51st District Court, officers from the Waterford Township Police Department must be pulled from patrol
duty to perform transport duties; and
WHEREAS depending on the length of the court hearing(s) an officer could be away from patrol duties for
as long as three hours; and
WHEREAS the Oakland County Sheriff’s Office currently provides prisoner transport services to a number
of communities without cost to those communities; and
WHEREAS the addition of two (2) Deputy I positions to the Sheriff’s Office Transport Unit would facilitate
the transport of inmates to and from the 51st District Court as well as augment other Transport Unit
responsibilities; and
WHEREAS the addition of one (1) transport van with radios is needed to perform these transport duties.
NOW THEREFORE BE IS RESOLVED that two (2) Deputy I positions be created in the Transport Unit,
Satellite Services Division of the Sheriff’s Office.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
expansion of the fleet by one (1) transport van, mobile and prep radios assigned to the Satellite Services
Division, Transport Unit of the Sheriff’s Office.
Chairperson, we move adoption of the foregoing resolution.
EILEEN T. KOWALL, JOHN A. SCOTT,
THOMAS MIDDLETON, ERIC WILSON
FISCAL NOTE (MISC. #04042)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: BOARD OF COMMISSIONERS – ADDITION OF TWO (2) DEPUTY I POSITIONS TO THE
SHERIFF’S TRANSPORT UNIT TO PROVIDE PRISONER TRANSPORT TO THE WATERFORD
TOWNSHIP POLICE DEPARTMENT AND THE ADDITION OF ONE (1) TRANSPORT VAN TO THE
COUNTY FLEET
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. In an effort to allow Waterford Township Police Officers to continue patrol services, two (2)
Deputy I positions are to be created in the Transport Unit, Satellite Services Division (43-434-
15) of the Sheriff’s Office.
2. This change will require the addition of one (1) transport van with mobile and prep radios to
the County fleet.
Commissioners Minutes Continued. April 22, 2004
241
3. The cost of the positions, operating and Capital Costs will come from contingency.
4. The FY 2004 and FY 2005 Budgets are to be amended as specified below.
FUND DEPT OCA PCA OBJECT FY2004 FY2005
Expenditures
101 43 23401 42300 2001 SALARY TOTAL $23,027 $ 69,177
101 43 23401 42300 2075 FRINGE BENEFIT TOTAL $11,399 $ 34,243
101 43 23401 42300 6660 Radio Rental $ 394 $ 1,183
101 43 23401 42300 6661 Transportation 1,960 5,880
101 43 23401 42300 4044 Deputy Supplies 218 671
101 43 23401 42300 6636 Info Tech Operations 120 360
101 43 23401 42300 6677 Liability Ins 572 1,756
OPERATING TOTAL $ 3,572 $ 10,796
101 43 23401 42300 6024 CLEMIS $ 97 $ 295
101 43 23901 41000 2002 Dispatch 2,785 8,543
OPER. SUPPORT TOTAL $ 2,882 $ 8,838
TOTAL COST $40,880 $123,054
Capital Costs
101 43 33601 98661 8001 Motor Pool Transfer $21,602
101 43 33601 98660 8001 Radio Transfer 5,687
101 90 290000 25000 2564 Contingency (68,169) ($123,054)
Total GF/GP $ -0- $ -0-
MOTOR POOL FUND
Revenue
661 13 661001 10 635 Leased Equipment $ 1,960 $ 5,880
Operating Transfer
661 13 661003 10 1701 Operating Transfer In 21,602 ________
$23,562 $ 5,880
Expense
661 13 661002 10 3900 Depreciation $ 1,960 $ 5,880
661 13 661002 10 4264 Leased Vehicles 21,602 ________
$23,562 $ 5,880
Change in Fund Equity $ -0- $ -0-
RADIO COMMUNICATIONS FUND
Revenue
660 23 660711 60005 635 Leased Equipment $ 394 $ 1,183
Operating Transfer
660 23 660713 60005 1701 Operating Transfer In $ 5,687 ________
Expense
660 23 660712 60005 3900 Depreciation $ 394 $ 1,183
General Ledger
660 23 660712 60005 8005 Est. Profit/Loss $ 5,687 _______
$ 6,081 $ 1,183
Change in Fund Equity $ -0- $ -0-
INFO TECH – CLEMIS FUND
Revenue
635 23 635111 30001 583 In-Car Terminals $ 97 $ 295
$ 97 $ 295
Expense
635 23 635152 30001 3900 Depreciation $ 97 $ 295
Change in Fund Equity $ -0- $ -0-
FINANCE COMMITTEE
Moved by Crawford supported by Middleton the resolution be adopted.
Moved by Crawford supported by Zack the Finance Committee Report be accepted.
Commissioners Minutes Continued. April 22, 2004
242
A sufficient majority having voted therefore, the report was accepted.
Moved by Crawford supported by Scott the Personnel Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Crawford supported by Kowall the Public Services Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Crawford supported by Scott the resolution be amended to coincide with the recommendation
in the Personnel Committee Report and the Finance Committee Report.
A sufficient majority having voted therefore, the amendments carried.
Vote on resolution, as amended:
AYES: McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett,
Jamian, Knollenberg, Kowall, Long. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
REPORT (MISC. #04090)
BY: Personnel Committee, Gregory Jamian, Chairperson
IN RE: CIRCUIT COURT – VISITING JUDGE APPROPRIATION AND CREATION OF COURT CLERK
POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #04090 on April 7, 2004 reports
with the recommendation the resolution be adopted with the following amendments:
Add to the end of the NOW THEREFORE paragraph: “Continuation of this appropriation to be
reviewed by the Personnel Committee in six months.”
Add to the end of the first BE IT FURTHER RESOLVED paragraph: “Continuation of this position
to be reviewed by the Personnel Committee in six months.”
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #04090
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: CIRCUIT COURT - VISITING JUDGE APPROPRIATION AND CREATION OF COURT CLERK
POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State Court Administrative Office, in its August 2003 report of judicial resources in the
Michigan trial courts, determined that there is a net judicial need of nearly three judgeships in the Oakland
County Circuit and Probate Courts; and
WHEREAS the Circuit Court has initiated several procedural and operational changes to make greater
use of alternative sentencing practices (when appropriate) and expedite the processing of criminal cases,
so as to control the population at the jail and avert jail overcrowding emergencies which nearly occurred
twice in 2003; and
WHEREAS the Circuit judges will continue to consider procedural and operational improvements to assist
in managing the jail population; and
WHEREAS the Circuit Court has, and continues to review its practices regarding the handling of family
cases that could result in the residential placement of children at taxpayer expense; and
Commissioners Minutes Continued. April 22, 2004
243
WHEREAS the shortage of judicial resources in the Circuit and Probate Courts and the emphasis on the
criminal and family dockets has resulted in an increase in the number of older cases on the civil docket;
and
WHEREAS the Supreme Court has promulgated caseflow management standards that include time
guidelines for case processing; and
WHEREAS for the reasons mentioned above, the Circuit Court is requesting judicial relief in the form of a
visiting judge who will be assigned to the civil docket to ensure that cases are settled, tried, or otherwise
concluded in accord with the time guidelines for civil case processing; and
WHEREAS one GF/GP funded Court Clerk position is requested to provide staff support for the visiting
judge; and
WHEREAS new recurring annual revenue from an increase in case filing fees is estimated to more than
offset the cost of the visiting judge and Court Clerk position.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an
appropriation for the Circuit Court sufficient to pay the salary expense for one visiting judge.
BE IT FURTHER RESOLVED that the Board of Commissioners approves the creation of one GF/GP
funded Court Clerk position to provide staff support for the visiting judge.
BE IT FURTHER RESOLVED that the Circuit Court is responsible for providing courtroom space,
equipment, supplies, and all other necessary expenses to support the visiting judge in the exercise of
his/her duties on behalf of the Circuit Court.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #04090)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: CIRCUIT COURT - VISITING JUDGE APPROPRIATION AND CREATION OF COURT CLERK
POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The State Court Administrators Office has identified shortages in judicial resources in the
Circuit and Probate Courts creating case processing time backlog.
2. The Circuit Court requests an increases in the visiting judge line item and the creation of
one GF/GP funded Court Clerk position, and related operating cost for telephones, and
computers.
3. The creation of this position and the increase in the visiting judge expenditure line item
will enable the courts to reduce their civil dockets, and try cases within the time
guidelines for civil case processing.
4. The cost of the visiting judge is 220 days per year at $385/day or $35,835 for FY 2004,
and $84,700 for FY 2005.
5. The cost of one (1) Court Clerk position, salary and 2004, and $47,208 for Fiscal Year
2005.
6. The funding source for the visiting judge and the Court Clerk position and associated
operating cost will be General Fund Non-Departmental Contingency.
Circuit Court FY 2004 FY 2005
General Fund (101)
Expenditures
2-35-230000-21200-2001 Salaries $13,360 $ 31,577
2-35-230000-21200-2074 Fringes 6,613 15,631
2-35-230000-21200-3800 Visiting Judge 35,834 84,700
2-35-230000-21200-6675 Telephones 508 1,200
2-35-230000-21200-6636 Info Tech Oper. 1,949 4,608
2-90-290000-25000-2564 Contingency ( 58,264) (137,716)
Total Expenditures $ -0- $ -0-
FINANCE COMMITTEE
Commissioners Minutes Continued. April 22, 2004
244
Moved by Crawford supported by Coleman the resolution be adopted.
Moved by Crawford supported by Coleman the Personnel Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Crawford supported by Webster the resolution be amended to coincide with the
recommendation in the Personnel Committee Report.
A sufficient majority having voted therefore, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster,
Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian,
Knollenberg, Kowall, Long. (23)
NAYS: McMillin. (1)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #04108
BY: Commissioner Tom McMillin, District #11
IN RE: BOARD OF COMMISSIONERS – PROTECTING WOMEN'S HEALTH
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners is interested in the health of Oakland County
citizens; and
WHEREAS on January 8, 2004, 15 year old Tamiia Russell died due to complications of an abortion
performed at WomanCare of Southfield an abortion facility in Lathrup Village; and
WHEREAS the Oakland County Health Department has indicated that they have no jurisdiction over
abortion facilities; and
WHEREAS in response to a recent Freedom of Information Act request from the Michigan Department of
Community Health, it appears that the abortion facility has not been inspected by any government health
agency in at least the last five years; and
WHEREAS a lack of sanitary conditions at the Woman Care of Southfield facility could have contributed
to Ms. Russell’s death; and
WHEREAS abortion facilities in Michigan are treated the same as a podiatrist’s office, with basically no
regulation; and
WHEREAS the Virginia House of Delegates recently passed legislation that would protect women’s
health at abortion facilities by requiring those facilities to be regulated as “ambulatory surgery centers”
instead of being treated as doctor’s offices; and
WHEREAS national statistics show that 10 percent of women who undergo an abortion suffer immediate
complications, including infections, excessive bleeding, fevers, perforation of the uterus, hemorrhage and
shock.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urgently
requests that the Michigan Legislature pass regulations requiring regular health inspections of abortion
facilities in Michigan and that those facilities be regulated as “ambulatory surgery centers”.
TOM MCMILLIN
Commissioners Minutes Continued. April 22, 2004
245
The Vice Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 10:40 a.m. to the call of the Chair or May 6, 2004, at 9:30 a.m.
G. WILLIAM CADDELL DAVID L. MOFFITT
Clerk Vice Chairperson