HomeMy WebLinkAboutMinutes - 2005.05.26 - 8369199
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
May 26, 2005
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:50 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Coulter, Crawford, Douglas, Gershenson, Jamian, Kowall, Long, Melton,
Middleton, Molnar, Moss, Nash, Palmer, Patterson, Scott, Suarez, Wilson, Woodward, Zack. (20)
EXCUSED ABSENCE WITH NOTICE: Gregory, Hatchett, Potter, Rogers. (4)
EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1)
Quorum present.
Invocation given by Greg Jamian.
Pledge of Allegiance to the Flag.
Moved by Kowall supported by Zack the minutes of the May 12, 2005, Board Meeting be approved.
A sufficient majority having voted therefore, the minutes were approved as printed.
Moved by Kowall supported by Palmer the rules be suspended and the agenda be amended as follows:
ITEMS NOT ON BOARD AGENDA
PLANNING AND BUILDING COMMITTEE
d. Drain Commissioner – Alliance of Rouge Communities.
(Reason for Suspension of Planning and Building Committee, item (d): Waiver of Rule III – Planning and
Building Committee meeting immediately before the Board meeting.)
Vote on agenda as amended:
AYES: Bullard, Coulter, Crawford, Douglas, Gershenson, Jamian, Kowall, Long, Melton,
Middleton, Molnar, Moss, Nash, Palmer, Patterson, Scott, Suarez, Wilson. (18)
NAYS: Woodward, Zack. (2)
A sufficient majority having voted therefore, the agenda, as amended, was approved.
Lawrence Obrecht, Manager, Oakland County Animal Control Division, along with Chairperson Bill
Bullard, Jr. presented a plaque to Dr. Jack Brinker, D.V.M., and Dr. Corey Hermoyian, D.V.M., of Brinker
Veterinary Clinic in appreciation and recognition of compassion for spaying and neutering, and providing
medical needs to animals at the Oakland County Animal Shelter.
Commissioners Minutes Continued. May 26, 2005
200
Dawn Smith, Supervisor in Human Resources addressed the Board and introduced Jim Dresbach of
JaNoe Educational Consultants who gave a presentation on Automation Alley’s Super Highway to
Success-Career Pathways for the 21st Century.
Jeff Edwards addressed the Board with a presentation on the Michigan Department of Transportation-
Detroit Intermodal Freight Terminal Project-Environmental Impact Statement.
Moved by Long supported by Suarez the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted). (The vote for this motion appears on page 207.) The resolutions
on the Consent Agenda follow (annotated by an asterick {*}):
*MISCELLANEOUS RESOLUTION #05099
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AWARD OF CONTRACT FOR THE
SERVICE CENTER SIDEWALK PROGRAM – PHASE I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Fiscal Year 2005 Capital Improvement Program includes funding for the Service Center
Sidewalk Program – Phase I; and
WHEREAS the 2005 Service Center Sidewalk Program – Phase I will provide a concrete sidewalk from
the south side of the Law Enforcement Complex to the southern border of the Service Center, a
connective sidewalk from the Commissioners’ Auditorium along Court Tower Boulevard to the parking lot
north of the Courthouse, and a sidewalk adjacent to the Administrative Annex II Building; and
WHEREAS the Planning and Building Committee on October 12, 2004 authorized advertising and receipt
of bids for the Service Center Sidewalk Program – Phase I; and
WHEREAS in accordance with Purchasing Division procedures, bids for the Service Center Sidewalk
Program – Phase I were received and reviewed on May 2, 2005; and
WHEREAS the lowest bidder was AWE, Inc. of Hadley, Michigan with a bid in the amount of $141,850;
and
WHEREAS total project costs of $181,000 are recommended by the Facilities Engineering Division,
including the contract award of $141,850, FM&O Grounds costs of $8,500, Road Commission permit
costs of $7,000, and contingency of $23,650; and
WHEREAS funding is available in the Fiscal Year 2005 Capital Improvement Program/Building
Fund (#401).
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an award of contract
for the Service Center Sidewalk Program – Phase I Project to AWE, Inc. of Hadley, Michigan in the
amount of $141,850.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $181,000 from the Capital Improvement Program/Building Fund (#401) to the Project Work
Order Fund (#404) to establish the Service Center Sidewalk Program – Phase I Project (C-042).
BE IT FURTHER RESOLVED that the Fiscal Year 2005 Budget is amended as follows:
BUILDING IMPROVEMENT FUND #401
3-14-310006-98404-8001 Operating Transfer Out ($181,000)
PROJECT WORK ORDER FUND #404
3-14-310007-98401-1701 Operating Transfer In $181,000
(project/project detail 080423/99) $ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Commissioners Minutes Continued. May 26, 2005
201
REPORT (MISC. #05099)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – AWARD OF CONTRACT FOR THE
SERVICE CENTER SIDEWALK PROGRAM – PHASE I
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed, on May 17, 2005, the bids received for the
above referenced project, reports with the recommendation the County enters into a contract with AWE of
Hadley, Michigan, in the amount of $141,850.
The Committee further recommends funding for the total project cost of $181,000 including contingency,
be approved.
Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 207.)
*MISCELLANEOUS RESOLUTION #05094
BY: General Government Committee, William Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – SECOND QUARTER 2005
DEVELOPMENT APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all data processing development cost is incorporated as a single appropriation within the non-
departmental budget, and then an amount equal to the actual expense is transferred to the user
department with a summary report to the Finance Committee; and
WHEREAS the Department of Information Technology has determined the Second Quarter 2005 data
processing development charges to be $964,063.17 and the imaging development charge to be
$37,451.19 for the General Fund/General Purpose County departments; and
WHEREAS direct charges to Special Revenue and Proprietary fund departments are $283,258.39, and
non-county agencies are $0 for the Second Quarter 2005; and
WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to
fund these development charges.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed
the Second Quarter 2005 Data Processing Development Report and approves the Second Quarter
appropriation transfer as specified on the attached schedule.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Information Technology Data Processing Development Summary 2nd Quarter 2005 on file in
County Clerk’s office.
FISCAL NOTE (MISC. #05094)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – SECOND QUARTER 2005
DEVELOPMENT APPROPRIATION TRANSFER
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 appropriates and charges the Information Technology Second Quarter 2005
Development cost to benefiting departments.
2. The second quarter data processing development charges are $964,063.17; imaging
development charges are $37,451.19 for General Fund/General Purpose departments; direct
charges to Special Revenue and Proprietary fund departments are $283,258.39 and charges
to non-county agencies are $0.
Commissioners Minutes Continued. May 26, 2005
202
3. The respective departmental Fiscal Year 2005 budgets are to be amended as specified in the
attached detail schedule.
FINANCE COMMITTEE
(The vote for this motion appears on page207.)
*MISCELLANEOUS RESOLUTION #05095
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEMS FOR ROCHESTER HILLS - EXTENSION NO. 5A PROJECT - APPROVAL OF CONTRACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") heretofore has established, constructed and acquired
the Oakland County Water Supply and Sewage Disposal Systems for Avon Township pursuant to the
provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, and pursuant to the Contract
Oakland County Water Supply and Sewage Disposal Systems for Avon Township, dated
November 1, 1968; and
WHEREAS the Township of Avon has been incorporated as the City of Rochester Hills (the "City") and
the Oakland County Water Supply and Sewage Disposal Systems for Avon Township are now known as
the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills (the "System") and
it is necessary to improve, enlarge and extend the System by the acquisition and construction of the
hereinafter described water supply and sewage disposal facilities; and
WHEREAS by the terms of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342") the
County and the City are authorized to enter into a contract for the improvement, enlargement and
extension of the System and for the payment of the cost thereof by the City; and
WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the
County, by and through the Drain Commissioner, County Agency, and the City, which contract provides
for the acquisition, construction and financing of the Oakland County Water Supply and Sewage Disposal
Systems for Rochester Hills - Extension No. 5A Project (the "Project") pursuant to Act 342, which contract
is hereinafter set forth in full.
NOW THEREFORE BE IT RESOLVED:
1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of
Commissioners by majority vote of its members-elect does hereby approve, under and pursuant
to Act 342, the acquisition and construction of water supply and sewage disposal facilities to
serve the City as part of the System; that the Project shall be designated the Oakland County
Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 5A Project; that
the Oakland County Drain Commissioner is hereby designated and appointed as the "County
Agency" for the Project; that the County Agency shall have all the powers and duties with respect
to the Project as are provided by law and especially by Act 342; and that all obligations incurred
by the County Agency with respect to the Project, unless otherwise authorized by this Board of
Commissioners, shall be payable solely from funds derived from the City.
2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND
COST. The preliminary plans and specifications for the Oakland County Water supply and
Sewage Disposal Systems for Rochester Hills – Extension No. 5A Project and the estimates of
$5,913,000 as the cost thereof and of 40 years and upwards as the period of usefulness thereof,
as submitted to this Board of Commissioners, are hereby approved and adopted.
3. APPROVAL OF CONTRACT. The Oakland County Water Supply and Sewage Disposal
Systems for Rochester Hills - Extension No. 5A Project Contract dated as of May 1, 2005,
between the County, by and through the County Drain Commissioner, and the City, which
contract has been submitted to this Board of Commissioners, be and the same is approved and
adopted, and the County Drain Commissioner is authorized and directed to execute and deliver
the same for and on behalf of the County, in as many counterparts as may be deemed advisable,
after the contract has been executed by the appropriate officials of the City. Said contract reads
as follows:
4. CONFLICTING RESOLUTIONS: All resolutions and parts of resolutions insofar as they
may be in conflict herewith are hereby rescinded.
Commissioners Minutes Continued. May 26, 2005
203
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Memo from Joseph W. Colaianne, OCDC Insurance Administrator, and Oakland County Water
Supply and Sewage Disposal Systems for Rochester Hills – Extension No. 5A Project Contract on file in
County Clerk’s office.
FISCAL NOTE (MISC. #05095)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DRAIN COMMISSIONER – OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEMS FOR ROCHESTER HILLS – EXTENSION NO. 5A PROJECT – APPROVAL OF CONTRACT
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 establishes the Oakland County Water Supply and Sewage Disposal Systems
for Rochester Hills – Extension No. 5A Project (the “Project”) and authorizes the contract for
Oakland County to proceed with the Project for the City of Rochester Hills.
2. The Project can be financed most economically and efficiently by the County through the
exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended
(“Act 32”).
3. The Project consists of extending their current water and sewer supply system with facilities
constituting part of the system to promote the public health and welfare of the residents.
4. The estimated cost of the project is $5,913,000 with a 40 year and upward useful life.
5. The City of Rochester Hills shall pay Oakland County for the entire cost of the Project not
defrayed by grants or other funds that may become available.
6. A separate resolution will be forthcoming requesting approval of the issuance of the Bonds
and Oakland County’s full faith and credit on the Bonds.
7. No County general funds are necessary for this Project.
FINANCE COMMITTEE
(The vote for this motion appears on page 207.)
*MISCELLANEOUS RESOLUTION #05096
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF
LEASE AGREEMENT WITH NEWBERRY PROPERTIES, LLC FOR USE OF PROPERTY AT 48150
GRAND RIVER AVE., NOVI, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is responsible for providing courthouse facilities for all four divisions of
the 52nd District Court; and
WHEREAS the 52nd District Court 1st Division is presently housed in leased office space at 48150 Grand
River Ave., Novi, Michigan; and
WHEREAS at the present time no adequate County owned facility exists, which would accommodate the
Court's functions; and
WHEREAS the Department of Facilities Management and Newberry Properties, LLC have negotiated the
terms and conditions of the attached Lease Agreement, which will allow the Court to continue to occupy
the existing courthouse located at 48150 Grand River Ave. for an additional five year term with the option
to extend the lease an additional five years; and
WHEREAS the term of the new lease shall commence on March 4, 2005 and expire on March 3, 2010.
Rent for said term shall be at a rate of $17.68 per square foot or $38,062.25 monthly or $456,747
annually; and
Commissioners Minutes Continued. May 26, 2005
204
WHEREAS it is the recommendation of the Department of the Facilities Management that the Oakland
County Board of Commissioners accept and approve the terms and conditions of the attached Lease
Agreement; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement for use of office facilities at 48150 Grand River Ave., Novi,
Michigan between the County of Oakland and Newberry Properties, LLC.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Newberry Properties, LLC, 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 Oakland County Department of Facilities Management 5/3/2005 Acceptance and Approval of Lease
52-1 District Courthouse Newberry Properties, LLC, and Exhibit A on file in County Clerk’s office.
FISCAL NOTE (MISC. #05096)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE
AGREEMENT WITH NEWBERRY PROPERTIES, LLC FOR USE OF PROPERTY AT 48150 GRAND
RIVER AVE., NOVI, MICHIGAN
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 authorizes a five (5) year lease agreement extension, between the
Department of Facilities Management and landlord Newberry Properties, LLC., with an
option to extend the lease an additional five (5) years.
2. The leased space is located at 48150 Grand River Ave., in Novi, Michigan for the operation
of the 52-1 Novi District Court.
3. The term of the new lease shall commence on March 4, 2005 and expire on
March 3, 2010, with rent for said term set at a rate of $17.68 per square foot or $38,062.25
monthly or $456,747 annually.
4. In addition, estimated property tax is increased to $53,135 per year, for a total cost of
$509,882 annually.
5. The increase in Rent and Property Tax will be included in the Fiscal Year 2006 and
Fiscal Year 2007 Executive Recommended Budget.
6. An amendment to the 52-1 Novi District Court budget is recommended for Fiscal Year 2005
as follows:
FUND 101 GENERAL FUND FY 2005
52/1 District Court - Expenditures
2-32-201200-20001-3476 Rent $60,882
2-32-201200-20001-3360 Property Tax 4,579
$65,461
Non-Departmental - Expenditure
2-90-290000-25000-2564 Contingency ( 65,461)
Total General Fund $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 207.)
Commissioners Minutes Continued. May 26, 2005
205
*MISCELLANEOUS RESOLUTION #05100
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – RELOCATION OF THE FALLEN
HEROES MEMORIAL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners by Miscellaneous Resolution #01189 endorsed the concept of a
Law Enforcement Memorial to pay tribute to the men and women who have served honorably in the law
enforcement duties of Oakland County; and
WHEREAS the Board of Commissioners authorized the Oakland County Sheriff to act as the designated
facilitator to raise the necessary funds for the memorial; and
WHEREAS the Board of Commissioners also authorized the Oakland County Treasurer and the
Department of Management and Budget to establish the Oakland County Law Enforcement Memorial
Fund for the purpose of paying for this tribute; and
WHEREAS Miscellaneous Resolution #02088 approved expansion of the scope of the project to include
paying tribute to both law enforcement and fire fighters throughout the State of Michigan and endorsed
the concept of amending the Law Enforcement Memorial to the Fallen Heroes Memorial; and
WHEREAS the memorial is currently located south of the Health Building in the Oakland County Service
Center; and
WHEREAS the Fallen Heroes Memorial Team, under the direction of the Sheriff, has developed a master
plan design to include a granite wall with the names of approximately 800 police officers and fire fighters
who have died in the line of duty in Michigan since the State’s founding; and
WHEREAS the Memorial Team has determined that a more appropriate location for the memorial would
be at the North entrance to the Service Center, adjacent to the new Sheriff’s Administration Building
(formerly the Community Mental Health Center); and
WHEREAS the project is to be funded by donations received through the Sheriff’s Department, which will
be sought from law enforcement groups, private citizens, and the private sector; and
WHEREAS total cost of the memorial including any construction or renovation costs will be the
responsibility of the Michigan Fallen Heroes Memorial Fund; and
WHEREAS Planning and Building Committee approval of the site plan will be required prior to the
relocation of the Fallen Heroes Memorial.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
relocation of the Fallen Heroes Memorial to the North entrance of the Service Center, adjacent to the
Sheriff’s Administration Building (formerly the Community Mental Health Center).
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 207.)
*MISCELLANEOUS RESOLUTION #05097
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES
FOR THE 2005/2006/2007 SEASONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to
enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and
WHEREAS Miscellaneous Resolution #02106 approved a three year contract between the City of
Dearborn and the County; and
WHEREAS the City of Dearborn has requested to renew the contract between the County and the City of
Dearborn for Law Enforcement Patrol Services at Camp Dearborn for the 2005/2006/2007 seasons; and
WHEREAS the Sheriff's Office in conjunction with the City of Dearborn is proposing to continue
contracting for services per the attached agreement for one (1) Deputy II and three (3) Deputy I's as
assigned, and ten (10) part-time non-eligible Park Deputies (Pos. #07157, 07158, 07159, 07160, 07161,
07162, 07163, 07164, 07165, and 07166); and
Commissioners Minutes Continued. May 26, 2005
206
WHEREAS the rates for 2005/2006/2007 seasons are included in the contract and approved by the
Department of Management and Budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board and the Oakland County Sheriff to enter into the attached agreement with the
City of Dearborn for the purpose of Law Enforcement Patrol Service at the rates included in the attached
contract.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of 2005-2007 Contract for Camp Dearborn Police Protection, and Attachments A, B, and C on file in
County Clerk’s office.
FISCAL NOTE (MISC. #05097)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: SHERIFF'S OFFICE - CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES
FOR THE 2005/2006/2007 SEASONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The City of Dearborn has requested renewal of the Police Protection Agreement between the
City of Dearborn and the Oakland County Sheriff for the 2005, 2006 and 2007 seasons.
2. The Sheriff’s Department is proposing to contract for the services of one (1) Deputy II, three
(3) Deputy I’s and ten (10) part-time non-eligible Park Deputies.
3. Sufficient revenue and expenditures have been included in Fiscal Year 2005 budget to cover
the terms of the proposed contract, no additional appropriation is required.
4. The Fiscal Year 2006/2007 Executive Recommendation will include the terms of the
proposed contract.
FINANCE COMMITTEE
(The vote for this motion appears on page 207.)
*MISCELLANEOUS RESOLUTION #05098
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - SOUTHFIELD DETENTION FACILITY OPERATING AGREEMENT FOR
2005/2006/2007/2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #8852 dated
March 22, 1979, authorized an agreement between the City of Southfield and the County of Oakland
wherein the County would operate Southfield's Detention Facility in the City of Southfield's safety building;
and
WHEREAS the Board of Commissioners approved the most recent agreement by Miscellaneous
Resolution #98068 dated April 2, 1998, which terminated on June 30, 2002; and
WHEREAS representatives of the City of Southfield and the County have tentatively agreed upon a multi-
year contract beginning February 1, 2005 and extending to June 30, 2008; and
WHEREAS this agreement includes flat fee payments by the City of Southfield in the amount of
$37,641.83 per month through June 30, 2005, $465,251 for the period July 1, 2005 through
June 30, 2006, $479,211 for the period July 1, 2006 through June 30, 2007 and $493,587 for the period
July 1, 2007 through June 30, 2008; and
WHEREAS the proposed agreement has been approved in accordance with the County Executive's
review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached agreement with the City of Southfield for the operation of the Southfield Detention Facility and
authorizes the Chairperson of the Board of Commissioners to execute the said agreement.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
Commissioners Minutes Continued. May 26, 2005
207
PUBLIC SERVICES COMMITTEE
Copy of Southfield Detention Facility Operating Agreement February 1, 2005 – June 30 2008 on file in
County Clerk’s office.
FISCAL NOTE (MISC. #05098)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: SHERIFF'S OFFICE- SOUTHFIELD DETENTION FACILITY OPERATING AGREEMENT FOR
2005/2006/2007/2008
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. Contract renewal rates for the Southfield Detention Facility Operating Agreement have been
proposed for the period February 1, 2005 through June 30, 2008.
2. The proposed rates will generate $465,251 for the period July 1, 2005 through
June 30, 2006, $479,211 for the period July 1, 2006 through June 30, 2007 and $493,587 for
the period July 1, 2007 through June 30, 2008.
3. The proposed rates will result in a reduction of $39,411 in revenue for the balance of Fiscal
Year 2005. Sufficient expenditure favorability exists within the Corrective Services-Satellites
Division to absorb the reduction. The Fiscal Year 2006 and Fiscal Year 2007 Executive
Recommendation will include the proposed rates.
4. An amendment is recommended to the Fiscal Year 2005 budget as follows:
FY 2005
REVENUE
43-013401-21500-0985 Special Deputies ($ 39,411)
($ 39,411)
EXPENDITURES
43-023401-21200-4036 Custodial Supplies ($ 39,411)
($ 39,411)
$ -0-
FINANCE COMMITTEE
Vote on Resolutions on Consent Agenda:
AYES: Coulter, Crawford, Douglas, Gershenson, Kowall, Long, Melton, Middleton, Molnar, Moss,
Nash, Palmer, Patterson, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (19)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
REPORT (MISC. #05091)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – 2005 WEST NILE VIRUS FUND DISBURSEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #05091 on
May 16, 2005, reports with a recommendation that the resolution be amended, as follows:
1. Amend the 5th WHEREAS, as follows:
WHEREAS the Oakland County Health Division has undertaken an informational
program to educate residents about personal protection measures to reduce contact
with mosquitoes and has recommended public health measures, which involve the
elimination of larval habitats, larviciding and if needed, the limited use of focused
spraying of insecticides to kill adult mosquitoes for implementation throughout Oakland
County; and
Commissioners Minutes Continued. May 26, 2005
208
2. Amend the 7th WHEREAS, as follows:
WHEREAS the concentrated outbreak of West Nile Virus cases in Oakland County merits
instituting proactive public health measures, such as personal protection, habitat
eradication, larviciding and if needed, the limited use of focused mosquito spraying, to
reduce the population of infected mosquitoes in the environment; and
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #05091
BY: Commissioner William R. Patterson, District #1
IN RE: BOARD OF COMMISSIONERS - 2005 WEST NILE VIRUS FUND DISBURSEMENT POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS West Nile Virus is a mosquito-borne virus that can cause encephalitis (inflammation of the
brain) or meningitis (inflammation of the lining of the brain and spinal cord); and
WHEREAS West Nile virus is spread to humans by the bite of an infected mosquito, which becomes
infected by biting a bird that carries the virus; and
WHEREAS as of April 27, 2005, the Centers for Disease Control reports a total of 635 positive cases of
West Nile Virus in humans in the State of Michigan since 2002, with 53 associated deaths. Of these,
Oakland County has had 20 reported human deaths - the highest in the State; and
WHEREAS the spread of West Nile Virus can be prevented in two major ways: (1) personal protective
measures to reduce contact with mosquitoes and (2) public health measures to reduce the population of
infected mosquitoes in the environment; and
WHEREAS the Oakland County Health Division has undertaken an informational program to educate
residents about personal protection measures to reduce contact with mosquitoes and has recommended
public health measures, which involve the elimination of larval habitats, larviciding and the focused
spraying of insecticides to kill adult mosquitoes for implementation throughout Oakland County; and
WHEREAS the Centers for Disease Control reports that the combination of mosquito control methods
selected for use in a control program depends on the type of mosquitoes to be controlled and the habitat
structure; and
WHEREAS the concentrated outbreak of West Nile Virus cases in Oakland County merits instituting
proactive public health measures, such as personal protection, habitat eradication, larviciding and
focused mosquito spraying, to reduce the population of infected mosquitoes in the environment; and
WHEREAS the County of Oakland has designated $500,000 for creation of the West Nile Virus Fund to
be distributed to assist CVTs with the above activities; and
WHEREAS the portion of the annual West Nile Virus Fund appropriation available upon proper
application to each Oakland County CVT has been established by a formula based on total population
(75%) and total square miles (25%).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
continuation of the West Nile Virus Fund and hereby supports the Oakland County Executive and
Oakland County Health Division plan to distribute $500,000 to assist CVTs with the above mosquito
control measures.
BE IT FURTHER RESOLVED that the following process shall be followed in seeking reimbursement:
1. The West Nile Virus Fund established by the Board of Commissioners shall be
maintained by the Department of Management and Budget, Fiscal Services Division as a
separate fund to be utilized to help protect the health, safety and welfare of the people of
Oakland County.
2. Each CVT shall submit project expense reimbursement requests to the Fiscal Services
Division, which shall be reported to the Board of Commissioners. Requests shall state the
project purpose and scope, estimated costs, including any support detail, to insure
compliance with the resolution and attachments on the policy that govern this program for
fund disbursements.
Commissioners Minutes Continued. May 26, 2005
209
3. In order to secure a West Nile Virus Fund funding commitment at the outset of a project
(pre-project authorization), a CVT may, utilizing the procedures set forth herein, request
reimbursement authorization prior to project completion with the understanding that the
actual disbursement of funds shall not occur until after a CVT demonstrates that it has
actually incurred the expenses eligible for reimbursement under this resolution.
4. The Fiscal Services Division shall account for the activity within the West Nile Virus Fund
for each Oakland County CVT. Utilizing the appropriate formula adopted by the Board of
Commissioners, the accounts shall reflect the amount of the total annual West Nile Virus
Fund appropriation(s) apportioned to each CVT, less any authorized disbursements. The
Fiscal Services Division shall report the status of the West Nile Virus Fund to the Board
of Commissioners.
5. Each CVT request for reimbursement of eligible expenses shall be accompanied by a
resolution authorizing the reimbursement request adopted by the CVT's legislative board
or council.
6. CVT's shall direct all requests for reimbursement of amounts expended or to be
expended by the CVT in connection with project expenses eligible for reimbursement to
the Fiscal Services Division.
7. The Fiscal Services Division shall notify the County Commissioner(s) representing a CVT
of receipt of the reimbursement request. Fiscal Services shall process the reimbursement
request and recommend to the Finance Committee of the Board of Commissioners the
approval of a disbursement request that is supported by an existing Board of
Commissioner appropriation in Miscellaneous Resolution #05061 and meets the
requirements of law and this resolution.
8. In addition to providing a copy of the governing body's adopted resolution authorizing the
reimbursement request, CVT's shall support their reimbursement request by providing the
Health Division with documentation sufficient to allow the Division to ascertain that the
reimbursement requested complies with Board of Commissioner approved policies for the
West Nile Virus Fund and is otherwise authorized by law.
9. Recognizing that Michigan law imposes differing voting requirements for authorizing
County financial participation in projects eligible for reimbursement under this resolution,
no CVT shall receive any disbursement from the West Nile Virus Fund until their
authorized request has been approved for disbursement by the Board of Commissioners,
via a resolution sponsored by the Commissioner(s) representing the CVT and adopted by
the affirmative voting margin required by law.
10. Any undisbursed amount(s) remaining after September 30, 2005, except reimbursements
authorized under Section 3 above (pre-project authorization) by application filed not later
than August 1, 2005, shall be maintained in the West Nile Virus Fund until finally
distributed according to subsequent Board action. In the event that the West Nile Virus
Fund is closed, any remaining fund balance shall be transferred to the General Fund.
11. Prior to the time the full Board of Commissioners authorizes a particular disbursement as
provided herein, nothing in this resolution creates or is intended to create any binding
obligation or duty on behalf of the County to appropriate funds for the West Nile Virus
Fund in any fiscal year or creates or is intended to create any binding obligation or duty
on behalf of the County to fund or participate in funding any particular CVT project.
12. West Nile Virus Fund appropriation decisions shall be made by the Board of
Commissioners based upon the best interests of the County and the needs of its citizens.
The Board of Commissioners expressly reserves the right to terminate the West Nile
Virus Fund project at any time they, in their sole discretion, believe it to be in the best
interest of the County at large.
Chairperson, I move the adoption of the foregoing resolution.
WILLIAM R. PATTERSON
Moved by Patterson supported by Palmer the resolution be adopted.
Moved by Patterson supported by Palmer the General Government Committee Report be accepted.
Commissioners Minutes Continued. May 26, 2005
210
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Palmer 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: Crawford, Douglas, Gershenson, Jamian, Kowall, Long, Melton Middleton, Molnar, Moss,
Nash, Palmer, Patterson, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #05101
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – REVISION OF @CCESS OAKLAND
MASTER FEE STRUCTURE TO ADD SURVEY OAKLAND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS as provided by Public Act 462 of 1996, Enhanced Access to Public Records Act, the Board of
Commissioners, by approving Miscellaneous Resolution #97165 dated August 14, 1997, adopted the
Oakland County Enhanced Access to Public Records Policy; and
WHEREAS Section 3 (FEES) of the aforementioned policy specifies that, “It is the policy of Oakland
County to charge a reasonable fee for providing enhanced access to a public record”; and
WHEREAS the policy defines “reasonable fee” as a charge calculated to enable recovery, over time, only
those operating expenses directly related to the public body’s provision of enhanced access; and
WHEREAS the policy further specifies that proposed fees shall be presented to and approved by the
Board of Commissioners before they shall be effective with the exception of new and future shopping cart
products; and
WHEREAS the Board of Commissioners, by Miscellaneous Resolution #00026 dated February 24, 2000,
approved a Master Fee Structure for all Oakland County enhanced access products and services; and
WHEREAS the Clerk/Register of Deeds in conjunction with the Department of Information Technology
has created a new product called Survey Oakland that is designed to facilitate easy access to Oakland
County survey data; and
WHEREAS the Survey Oakland product will negate the need to come to the Clerk/Register of Deeds
Office for access to such data, thereby saving County staff time and time for the development community;
and
WHEREAS the Survey Oakland product will only be provided to licensed land surveyors and other related
licensed professionals; and
WHEREAS revenues from subscription to Survey Oakland will be shared 75%-25% between
Clerks/Register of Deeds and Department of Information Technology; and
WHEREAS the Dept. of Information Technology wishes to expand the Master Fee Structure to add a
standard pricing schedule for the Survey Oakland product; and
WHEREAS the aforementioned standard pricing schedule for Survey Oakland product is to be added to
the Master Fee Structure for all Oakland County enhanced access products and services; and
WHEREAS the County Executive recommends approval of this resolution.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
revised @ccess Oakland Master Fee Structure (copy attached) which includes the aforementioned
standard pricing schedule for the Survey Oakland product.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of @ccess Oakland Master Fee Structure on file in County Clerk’s office.
Commissioners Minutes Continued. May 26, 2005
211
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE FRIEND OF THE COURT CITIZEN
ADVISORY COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the vacancies on the Friend of the Court Citizen
Advisory Committee, recommends the filling of the Family Law Practice Attorney seat, as follows:
FRIEND OF THE COURT CITIZEN ADVISORY COMMITTEE (Three-year term ending 6/30/07)
William Berlin, Family Law Practice Attorney
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Application, letters from Carol J Schwartz PhD of Psychological Institutes of Michigan, P.C.,
Cheryl Meklin Wells, and John F. Mills of Williams, Williams, Ruby & Plunkett, P.C. on file in County
Clerk’s office.
Moved by Patterson supported by Zack the General Government Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Zack the appointment of William Berlin to the Friend of the Court
Citizen Advisory Committee for a three year term ending June 30, 2007 be confirmed.
Vote on appointment:
AYES: Douglas, Gershenson, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash,
Palmer, Patterson, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the appointment was confirmed.
Chairperson Bill Bullard introduced William Berlin to the board.
MISCELLANEOUS RESOLUTION #05102
BY: Personnel Committee, Gregory C. Jamian, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 2ND
QUARTERLY REPORT FOR FISCAL YEAR 2005
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Grades 1 - 21
provides a process for departments and employees to request a review of the salary grade placement of
classifications; and
WHEREAS the 2nd Quarterly Report for Fiscal Year 2005 identifies the job studies conducted and the
salary grade changes recommended by the Human Resources Department after completion of this
review process; and
WHEREAS funds have been established in the Classification and Rate Change fund to implement salary
grade changes resulting from Salary Administration Quarterly Report recommendations.
NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes
implementation of the Salary Administration Plan 2nd Quarterly Report for Fiscal Year 2005, which
Commissioners Minutes Continued. May 26, 2005
212
includes the following classification changes:
SALARY GRADE
CLASSIFICATION FROM: TO: LOCATION-POSITION
Supervisor – Children’s Village 11 12 16501-02553
Administrative Services
Marketing Coordinator 12 13 19201-01717
(Reclassify one position to a new
class titled “Market Research
Analyst”)
BE IT FURTHER RESOLVED that the overtime status of the Circuit Court/Circuit Court General
Jurisdiction Division classification Chief Court Clerk (Position 35301-05628) be changed from non-exempt
to exempt to more closely represent the current duties of the classification.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #05103
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER – ALLIANCE OF ROUGE COMMUNITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentleman:
WHEREAS prior to onset of U.S. Environmental Protection Agency’s Phase II Storm Water Regulations
(“Phase II”) under the Federal Clean Water Act, communities within the Rouge River watershed came
together on an informal basis to discuss and address water quality concerns of the Rouge River; and
WHEREAS Wayne County through the Rouge River National Wet Weather Demonstration Project
provided federal grants to address combined sewer overflows, sanitary sewer overflows and storm water
management; and
WHEREAS Oakland County and communities located within the Rouge Watershed have benefited
significantly from this federally funded grant program; and
WHEREAS prior to the onset of the Phase II regulations, a committee comprised of representatives of
Rouge Watershed communities was formed to research and evaluate alternative watershed organization
structures whose purpose would be to provide a forum for recommending actions to assist communities in
meeting their Phase II permit requirements ("Drafting Committee"); and
WHEREAS as a result of the research and survey of Rouge River Watershed communities, the Drafting
Committee suggested the creation of an assembly comprised of local community representatives within
the Rouge River Watershed; and
WHEREAS the Drafting Committee drafted a Memorandum of Agreement establishing the Rouge River
Watershed Local Management Assembly ("Memorandum of Agreement" or MOA); and
WHEREAS in accordance with Miscellaneous Resolution #03163, the Board of Commissioners directed
the Chairperson of the Oakland County Board of Commissioners to execute the MOA which created and
established the Rouge River Watershed Local Management Assembly; and
WHEREAS thirty eight cities, villages and townships and three counties signed the MOA establishing the
Rouge River Watershed Local Management Assembly; and
WHEREAS after successfully operating since August 2003 under the MOA, several of the Rouge River
watershed communities supported the adoption of legislation that would authorize local governments to
form “Watershed Alliances”; and
WHEREAS Public Act 517 of the Public Laws of 2004 (Watershed Alliance Act) became state law on
January 3, 2005 with immediate effect; and
WHEREAS pursuant to the Watershed Alliance Act, the Rouge River Watershed Local Management
Assembly proposes to become the new Alliance of Rouge Communities (ARC); and
WHEREAS the first step in the process of transitioning from the Rouge River Watershed Local
Management Assembly to the ARC is the drafting and adopting of by-laws for the ARC; and
Commissioners Minutes Continued. May 26, 2005
213
WHEREAS the Oakland County Drain Commissioner recommends Oakland County's participation in the
ARC, provided that in the event the ARC determines in its budgeting process to assess counties, and the
counties decline to appropriate funds for such an assessment, the County shall become a non-voting
Cooperative Partner of the ARC.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby informs
the Rouge River Watershed Local Management Assembly that the County’s continued participation and
transitioning from an Assembly to the new Alliance of Rouge Communities pursuant to the Watershed
Alliance Act, is contingent on changes in the proposed by-laws that clearly reflect the following:
“Article III A (2) (a):
Based upon the in-kind contributions currently provided by Wayne, Washtenaw, and
Oakland counties, the three counties will not be assessed to support the budget of the
ARC for fiscal years 2006 and 2007. By August 15, 2007, the ARC will determine
whether or not assessments will be made to the counties taking into consideration the
level of contribution of in-kind services for ARC related activities each county will provide
during 2008 ARC fiscal year. Assessments to counties, if any, for each ARC fiscal year
after 2008 will be determined by August 15 of year preceding the fiscal year for which any
such county assessment is included in the ARC annual budget using the same criteria. In
the event the ARC determines to assess the Counties for contributions to its budget, and
the funding is not appropriated by the County Board of Commissioners, the County shall
become a Cooperating Partner as provided in Article II D. 3.”
BE IT FURTHER RESOLVED that Oakland County's participation in the ARC is subject to this Board’s
final approval of the By-laws.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Draft April 20, 2005 – Rouge River Assembly of Local Governments (Assembly) Transition to the
Alliance of Rouge Communities (ARC), Appendix C and D, and map of Rouge River Watershed ARC
Eligible Primary Member Communities on file in County Clerk’s office.
Moved by Palmer supported by Douglas the resolution be adopted.
Moved by Nash supported by Coulter the resolution be amended to replace the wording in the NOW
THEREFORE BE IT RESOLVED paragraph to read as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby requests the Rouge River Watershed Local Management Assembly change the
proposed by-laws to reflect the following:
Discussion followed.
Vote on amendment:
AYES: Gershenson, Jamian, Melton, Middleton, Moss, Nash, Palmer, Suarez, Wilson,
Woodward, Zack, Bullard, Coulter, Crawford, Douglas. (15)
NAYS: Kowall, Long, Molnar, Patterson, Scott. (5)
A sufficient majority having voted, therefore, the amendment carried.
Vote on resolution, as amended:
AYES: Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Scott,
Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson. (20)
NAYS: None. (0)
A sufficient majority having voted, therefore, the resolution, as amended, was adopted.
Commissioners Minutes Continued. May 26, 2005
214
MISCELLANEOUS RESOLUTION #05104
BY: Eric Wilson, District #3
IN RE: BOARD OF COMMISSIONERS - THIRD EXTENSION OF THE REPORTING DEADLINE FOR
THE JAIL POPULATION MANAGEMENT TASK FORCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #04179 established a Jail Population Management (JPM) Task
Force charged with development of a Jail Population Management Plan to reduce dependencies upon the
local corrections system, to expedite the processing of criminal cases, and to recommend jail population
management policies; and
WHEREAS Miscellaneous Resolution #05059 required the Task Force to report back to the Board of
Commissioners no later than June 1, 2005; and
WHEREAS the JPM Task Force began its work on September 28, 2004, and established five study
groups to address various components of its charge, including Docket Management, Pre-Trial, Jail
Space, Jail/Court Data and Jail Alternatives; and
WHEREAS Commissioner Eric Wilson, Chairman of the JPM Task Force, together with Sheriff Michael
Bouchard and Chief Judge of the Circuit Court Wendy Potts, formally requested assistance from the
National Institute of Corrections (NIC) to perform a Jail Crowding Local System Assessment; and
WHEREAS the National Institute of Corrections has completed its assessment of jail operations; and
WHEREAS the State of Michigan, in response to its prison utilization issues and the financial burdens
attendant thereto, has proposed drastic reductions in state prison beds for fiscal year 2005-2006; and
WHEREAS the State of Michigan is also proposing changes to the Michigan Sentencing Guidelines that
will effectively “lock-out” more convicted felony offenders from the state corrections system, forcing these
state-law felons into county jails and other county funded correctional programs; and
WHEREAS knowledge of the details of the State’s answers to its budget reduction and sentencing
guideline proposals must be taken into account by the JPM Task Force prior to final recommendations
being presented; and
WHEREAS the State budget will likely not be completed prior to September 30, 2005.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes that
the reporting date for the Jail Population Management Task Force be extended to October 1, 2005.
Chairperson, I move adoption of the foregoing resolution.
ERIC WILSON
Moved by Wilson supported by Jamian the rules be suspended and Miscellaneous Resolution #05014 –
BOARD OF COMMISSIONERS – THIRD EXTENSION OF THE REPORTING DEADLING FOR THE
JAIL POPULATION MANAGEMENT TASK FORCE be brought before the Board for immediate
consideration.
Vote on suspension of the rules:
AYES: Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Scott, Suarez,
Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Jamian. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the motion to suspend the rules carried, and Miscellaneous
Resolution #05104 was before the board for immediate consideration.
Moved by Wilson supported by Jamian the resolution be adopted.
Vote on adoption of resolution:
AYES: Long, Melton, Middleton, Molnar, Moss, Moss, Nash, Palmer, Patterson, Scott, Suarez,
Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Jamian,
Kowall. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
Commissioners Minutes Continued. May 26, 2005
215
MISCELLANEOUS RESOLUTION #05105
BY: Commissioner Dave Woodward, District #18
IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR THE MICHIGAN JOBS AND INVESTMENT
ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County is the economic engine of Michigan and has already taken bold steps to help
attract new businesses and good paying jobs to strengthen our economy; and
WHEREAS the Michigan Single Business Tax (SBT) is the only general tax on business in Michigan; and
WHEREAS the Washington D.C. based Tax Foundation ranked Michigan’s SBT the absolute worst
among U.S. corporate state taxes; and
WHEREAS the SBT, as it exists today, hinders Oakland County’s ability to most effectively attract the
new businesses and good-paying jobs to locate here; and
WHEREAS under the current SBT, companies that make no profits still pay a sizable tax; and
WHEREAS manufacturers pay the brunt of the SBT; and
WHEREAS the SBT tax rate is relatively high; and
WHEREAS the SBT today actually penalizes employers for creating jobs and is an impediment to job
growth; and
WHEREAS to revitalize Michigan’s and further strengthen Oakland County’s economy, we need bold
steps that will boost job creation and business investment; and
WHEREAS the Michigan Jobs and Investment Act is currently before the Michigan State Legislature; and
WHEREAS this Act will cut the standard SBT rate from 1.9 to 1.2 percent, a 37 percent reduction; and
WHEREAS this Act will cut the small business SBT rate from 2.0 to 1.2 percent, a 40 percent reduction;
and
WHEREAS this Act will create a refundable 35 percent personal property tax credit for manufacturing,
research and development property to encourage business investment in Michigan and Oakland County;
and
WHEREAS this Act creates a new Research and Development Compensation Tax Credit equal to 1.2
percent of compensation for research and development staff, helping support the attraction and retention
of skilled workers; and
WHEREAS this Act changes the tax formula to put more emphasis on profit, less on equipment, salaries
and health care. The plan eliminates penalties for employers who invest in worker benefits; and
WHEREAS this Act will bring taxes on insurance companies more in line with national averages; and
WHEREAS this proposal is revenue neutral, and remains committed to the philosophy that the state’s
priority should be to reduce spending to the current level of resources; and
WHEREAS this proposal insures that the manufacturing sector should not be taxed far more than
businesses in the financial sector; and
WHEREAS this Act will strengthen and complement initiatives already underway in Oakland County, such
as, Emerging Sectors and Automation Alley.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
Michigan Jobs and Investment Act.
BE IT FURTHER RESOLVED we find that this proposal offers common-sense solutions to the
disincentives and inequities the SBT has caused on job creation and business investment in Oakland
County and Michigan.
BE IT FURTHER RESOLVED we find that this proposal offers long-overdue fairness to the business tax
structure in a responsible way, without moving more burdensome taxation to families through higher state
or local taxes; and
BE IT FURTHER RESOLVED that a copy of this resolution is forwarded to the Governor, all Oakland
County state legislators, members of the House and Senate Taxation Committees, the Oakland County
Executive, Oakland County's legislative lobbyists and the Michigan Association of Counties.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners instructs our county
commission lobbyist to work extensively towards the passage of the Michigan Jobs and Investment Act.
Chairperson, we move the adoption of the foregoing resolution.
DAVE WOODWARD, HELAINE ZACK, DAVID
COULTER, MARCIA GERSHENSON, GEORGE
SUAREZ, JAMES NASH, TIM MELTON
Commissioners Minutes Continued. May 26, 2005
216
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Commissioner Douglas introduced a resolution titled BOARD OF COMMISSIONERS – OPPOSITION TO
THE MICHIGAN SINGLE BUSINESS TAX (SBT) and requested it be referred to the General Government
Committee.
Commissioner Coulter objected to the resolution being introduced at the board meeting because it had
not been properly introduced in caucus pursuant to Board Rule XII-A.
Discussion followed.
Commissioner Douglas withdrew her resolution.
The Board adjourned at 10:55 a.m. to the call of the Chair or June 16, 2005, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson