HomeMy WebLinkAboutMinutes - 2006.02.02 - 838453
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
February 2, 2006
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:32 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Coleman, Coulter, Douglas, Gershenson, Gregory, Hatchett, Jamian,
Kowall, Long, Melton, Molnar, Moss, Nash, Patterson, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack. (22)
EXCUSED ABSENCE WITH NOTICE: Crawford, Middleton, Palmer. (3)
Quorum present.
Invocation given by John Scott.
Pledge of Allegiance to the Flag.
Moved by Woodward supported by Molnar the minutes of the January 19, 2006, Board Meeting be
approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Kowall supported by Coulter the rules be suspended and the agenda be amended, as follows:
ITEMS ON BOARD AGENDA
FINANCE COMMITTEE
a. Board of Commissioners Environmental Infrastructure Fund Deadline Extension Until
September 1, 2006
(Reason for Suspension of Finance Committee, item a.: Waiver of Rule XII.A. – Commissioner-
sponsored resolution was not introduced on the Board floor but went directly to Finance Committee.)
PLANNING AND BUILDING COMMITTEE
b. Drain Commissioner Resolution to Authorize Clinton-Oakland Sewage Disposal System
Softwater Lake Extension Contract and Authorizing Notice of Intent to Issue Bonds
(Reason for Suspension of Planning and Building Committee, item b.: Waiver of Rule XII.C.I – Direct
Referral to Finance Committee.)
Commissioners Minutes Continued. February 2, 2006
54
Vote on agenda, as amended:
AYES: Bullard, Coleman, Coulter, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall,
Long, Melton, Molnar, Moss, Nash, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward,
Zack. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from County Executive,
L. Brooks Patterson recommending the appointment of Robert Tera to the Oakland County Library Board
for a term of five (5) years. The communication was received for filing.
The following people addressed the Board: Greg Thrasher.
Moved by Zack supported by Scott the resolutions on the Consent Agenda, as amended, be adopted
(with accompanying reports being accepted). (The vote for this motion appears on page 69.) The
resolutions on the Consent Agenda follow (annotated by an asterisk {*}).
*MISCELLANEOUS RESOLUTION #06018
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: AREA AGENCY ON AGING – SUPPORT OF THE AREA AGENCY ON AGING 1-B’S
APPLICATION TO SEEK DESIGNATION AS THE SINGLE POINT OF ENTRY FOR LONG TERM
CARE IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS according to the Southeast Michigan Council of Governments, Oakland County’s age 65+
population is now increasing by almost 3,000 individuals each year; and
WHEREAS an increasing number of these individuals require assistance in performing necessary
activities of daily living in order to maintain their independence; and
WHEREAS in June 2005 the Governor’s Medicaid Long Term Care Task Force issued a report calling for
action “to create an integrated system that appears seamless to the consumer, yet takes advantage of
the variation of long term care programs at the local, state, and federal levels”; and
WHEREAS the report recommends that the Michigan Department of Community Health “designate locally
or regionally-based ‘Single Point of Entry’ agencies for consumers of long term care and mandate that
applicants for Medicaid funded long term care go through the Single Point of Entry agency to apply for
services”; and
WHEREAS Executive Order # 2005 – 14 states that “by June 30, 2006, the department shall establish not
less than three single point of entry demonstration programs for the delivery of long term care supports
and services”, and intends to have single points of entry in place statewide within three years; and
WHEREAS the Michigan Department of Community Health has issued a request for proposals to
implement the first Single Point of Entry programs; and
WHEREAS the Area Agency on Aging 1-B has served as an access point for older Oakland County
residents and adults with a disability seeking home and community-based long term care services since
the AAA 1-B Care Management program was initiated in 1982; and
WHEREAS the Area Agency on Aging 1-B is Michigan’s largest Medicaid MI Choice Home and
Community-Based Elderly/Disabled Waiver program provider and administers in-home service programs
utilizing Federal, State, and United Way dollars; and
WHEREAS the Area Agency on Aging 1-B has developed a state-of-the-art call center with unlimited
capacity to provide information and assistance to callers seeking information on long term care resources
and alternatives; and
WHEREAS the Area Agency on Aging 1-B quality assurance programs have documented that in-home
service programs produce positive health outcomes which reduce health care utilization and save
consumer and public dollars; and
WHEREAS the Area Agency on Aging Board of Directors has directed the agency to seek designation as
the Single Point of Entry for long term care for Oakland County, in addition to the other five counties of its
region; and
Commissioners Minutes Continued. February 2, 2006
55
WHEREAS the Oakland County Board of Commissioners has full confidence that the Area Agency on
Aging 1-B, serving as a Single Point of Entry that serves as an independent source of information to area
seniors, will work in collaboration with other public and private organizations to develop a high quality
service that is responsive to consumer needs.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
Area Agency on Aging 1-B’s application to seek designation as the Single Point of Entry for long term
care in Oakland County.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Area Agency on Aging 1-B Long Term Care Single Point of Entry Application Summary Work
Plan on file in County Clerk’s office.
(The vote for this motion appears on page 69.)
*MISCELLANEOUS RESOLUTION #06009
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER – FRANKLIN SUBWATERSHED DRAINAGE DISTRICT DRAIN
BONDS – FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners:
Chairperson, Ladies and Gentlemen
WHEREAS the Drainage Board for the Franklin Subwatershed, by resolution adopted on
December 13, 2005, authorized and provided for the issuance by the Franklin Subwatershed Drainage
District of its Drain Bonds, Series 2006 (the "Bonds") in the aggregate principal amount of not to exceed
$1,344,073 to defray part of the cost of the Ten Hill Road and Wallbrook Court Project of the Franklin
Subwatershed; and
WHEREAS the Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per
annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and
will be subject to redemption prior to maturity as shall be determined at the time of sale by the Oakland
County Drain Commissioner as Chairman of the Drainage Board for the Franklin Subwatershed; and
WHEREAS the Drainage Board 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 (the "Bonds"); and
WHEREAS the Ten Hill Road and Wallbrook Court Project of the Franklin Subwatershed is necessary to
protect and preserve the public health and, therefore, it is in the best interest of the County that the Bonds
be sold.
NOW THEREFORE BE IT RESOLVED:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, 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 Charter Township of West Bloomfield or the
County shall fail or neglect to account to the County Treasurer of the County 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 Treasurer or the financial consultant, Municipal Financial Consultants
Incorporated, 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 nearly final and final
official statement for the Bonds, to cause the preparation of those portions of the nearly
Commissioners Minutes Continued. February 2, 2006
56
final 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 Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in the name and on
behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule
and (ii) amendments to such certificate from time to time in accordance with the terms of
such certificate (the certificate and any amendments thereto are collectively referred to
herein as the "Continuing Disclosure Certificate"). The County hereby covenants and
agrees that it will comply with and carry out all of the provisions of the Continuing
Disclosure Certificate. The remedies for any failure of the County to comply with and
carry out the provisions of the Continuing Disclosure Certificate shall be as set forth
therein.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (MISC. #06009)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DRAIN COMMISSIONER – FRANKLIN SUBWATERSHED DRAINAGE DISTRICT DRAIN
BONDS – 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 Resolution is requesting that the Board of Commissioners pledge the full faith and
credit of the County of Oakland for the payment of principal and interest on the Franklin
Subwatershed Drainage District Drain Bonds, Series 2006.
2. The bond issue is not to exceed $1,344,073 and is to be used for constructing the Ten
Hill Road and Wallbrook Court Project of the Franklin Subwatershed.
3. The Bonds shall bear an interest rate not to exceed 6% per annum, will be in aggregate
principal amounts, will mature in such years and principal amounts and will be callable
prior to maturity as determined necessary by the Oakland County Drain Commissioner as
Chairman of the Drainage Board for the Franklin Subwatershed.
4. The statutory limit for County debt is $7,345,918,835 (10% of State Equalized Value). As
of December 31, 2005, the total pledged debt is $340,410,000 or approximately .46% of
the S.E.V.
5. The Public Corporations participating in the Ten Hill Road and Wallbrook Court Project of
the Franklin Subwatershed construction includes the Charter Township of West
Bloomfield and Oakland County for drainage of county highways.
6. The bond sale of $1,344,073 will be apportioned with $948,445.12 or 70.565%
apportioned to the Charter Township of West Bloomfield and $395,627.88 or 29.435%
apportioned to Oakland County.
7. The Charter Township of West Bloomfield and Oakland County will pay for the bonds
through a Special Assessment Roll for the Franklin Subwatershed Ten Hill Road and
Wallbrook Court Project.
8. Funding is available in the Non-Departmental Current Drain Assessment account to
cover Oakland County’s apportionment cost of the bond sale.
9. No budget amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 69.)
Commissioners Minutes Continued. February 2, 2006
57
*MISCELLANEOUS RESOLUTION #06019
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER RESOLUTION TO AUTHORIZE CLINTON-OAKLAND SEWAGE
DISPOSAL SYSTEM SOFTWATER LAKE EXTENSION CONTRACT AND AUTHORIZING NOTICE OF
INTENT TO ISSUE BONDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Charter Township of Springfield (the "Township") is in urgent need of sewage disposal
facilities constituting a part of the Clinton-Oakland Sewage Disposal System (the "System") as described
in the form of the proposed contract hereinafter mentioned and designated as the Clinton-Oakland
Sewage Disposal System Softwater Lake Extension (sometimes referred to herein as the "Project"), in
order to promote the health and welfare of the residents thereof, which sewage disposal facilities also
would benefit the County and its residents, and the parties to said proposed contract have concluded that
such facilities can be provided 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 342") and Act 34,
Public Acts of Michigan, 2001, as amended ("Act 34"); and
WHEREAS by the terms of Act 342, the County and the Township are authorized to enter into a contract
for the acquisition and construction of the Project to serve the residents of the Township and the County,
for the payment of the cost thereof by the Township through the imposition of assessments against
properties specially benefiting from the Project; and for the remittance of such assessments by the
Township to the County to satisfy the Township's obligations under the contract; and
WHEREAS the County is authorized pursuant to the terms of Act 34 to issue its bonds to finance the cost
of the acquisition and construction of the Project, which bonds will be secured by such special
assessments and the County's full faith and credit pledge; and
WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the
County, by and through the County Drain Commissioner, County Agency, party of the first part, and the
Township, party of the second part (the "Contract"), which Contract provides for the acquisition,
construction and financing of the Project and which Contract is hereinafter set forth in full; and
WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners,
preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and
WHEREAS this Board of Commissioners desires to proceed with the Project and the approval and
execution of the Contract to acquire, construct and finance the Project as provided in the Contract.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as
follows:
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, establishment of the Project as part of the System, which shall consist of
(i) the acquisition and construction of the Clinton-Oakland Sewage Disposal System
Softwater Lake Extension, as specified and to be located as shown in Exhibit A to the
Contract and (ii) the services provided thereby; that the Project as part of the System shall
serve the residents of the Township and the County; 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 the County shall proceed to issue its
bonds to finance the cost of the acquisition and construction of the Project pursuant to the
provisions of Act 34, which bonds will be secured by Township special assessments as
specified in the Contract and by the full faith and credit pledge of the County.
2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST.
The preliminary plans and specifications for the Project and the estimates of $2,820,000 as
the cost thereof and of 30 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 Clinton-Oakland Sewage Disposal System Softwater Lake
Extension Contract between the County, by and through the County Drain Commissioner, party
of the first part, and the Township, party of the second part, which Contract has been submitted
to this Board of Commissioners, is hereby approved and adopted, and the County Drain
Commissioner is hereby authorized and directed to execute and deliver the same for
Commissioners Minutes Continued. February 2, 2006
58
and on behalf of the County, in as many counterparts as may be deemed advisable. The
Contract reads as follows:
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM SOFTWATER LAKE EXTENSION
CONTRACT
THIS CONTRACT, made and entered into as of the 1st day of February, 2006, by and
between the COUNTY OF OAKLAND, a county corporation in the State of Michigan
(hereinafter sometimes referred to as the "County"), by and through its Drain
Commissioner, County Agency, party of the first part, and the CHARTER TOWNSHIP OF
SPRINGFIELD, a Michigan charter township located in the County (hereinafter
sometimes referred to as the "Township"), party of the second part.
W I T N E S S E T H:
WHEREAS the Board of Commissioners of the County, by majority vote of its members-
elect, has authorized and directed that there be established a county system of sewage
disposal improvements and services to serve municipalities in the County, said system
being known as the "Clinton-Oakland Sewage Disposal System" (hereinafter sometimes
referred to as the "System"), and has designated the Oakland County Drain
Commissioner as the county agency for the System (said Drain Commissioner being
hereinafter sometimes referred to as the "County Agency"); and
WHEREAS under and subject to the terms of Act 342, Public Acts of Michigan, 1939, as
amended ("Act 342"), the County is authorized, through the County Agency, to acquire
and construct the sewage disposal facilities hereinafter described to improve and extend
the System (the "Project"), the County and the Township are authorized to enter into a
contract, as hereinafter provided, for the acquisition and construction of the Project by the
County, for the payment of the cost thereof by the Township through the imposition of
assessments against properties specially benefiting from the Project, and for the
remittance of such assessments by the Township to the County to satisfy the Township's
obligations under the contract; and
WHEREAS the County is authorized pursuant to the terms of Act 34, Public Acts of
Michigan, 2001, as amended ("Act 34"), to issue its bonds to finance the cost of the
acquisition and construction of the Project, which bonds will be secured by such special
assessments and the County's full faith and credit pledge; and
WHEREAS there is an urgent need of such sewage disposal facilities to provide sewage
disposal services to the Township in order to promote the health and welfare of the
residents thereof, which facilities would likewise benefit the County and its residents, and
the parties hereto have concluded that such facilities can be provided and financed most
economically and efficiently by the County through the exercise of the powers conferred
by Act 342, especially section 5 thereof, and Act 34; and
WHEREAS preliminary plans for the Project and estimates of the cost and period of
usefulness thereof have been prepared, all of which have been submitted to and
approved by the Board of Commissioners of the County and the governing body of the
Township and placed on file with said Board of Commissioners in the office of the County
Agency, said estimates being set forth in Exhibit B attached hereto; and
WHEREAS in order to provide for the acquisition, construction and financing of the
Project by the County and for other related matters, it is necessary for the parties hereto
to enter into this contract.
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF
EACH OTHER, THE PARTIES HERETO AGREE as follows:
1. The parties hereto approve and agree to the acquisition, construction and
financing of the Project as part of the System, as herein provided, under and
pursuant to Act 342 and approve the designation of "Clinton-Oakland
Sewage Disposal System Softwater Lake Extension" as the name of the
Project. The Township by way of compliance with Section 29, Article VII,
Michigan Constitution of 1963, consents and agrees to the establishment and
location of the Project within its corporate boundaries and to the use by the
County of its streets, highways, alleys, lands, rights-of-way or other public
places for the purpose and facilities of the Project and any improvements,
Commissioners Minutes Continued. February 2, 2006
59
enlargements or extensions thereof, and the Township further agrees that, in
order to evidence and effectuate the foregoing agreement and consent, it will
execute and deliver to the County such grants of easements, rights-of-way,
licenses, permits or consents as may be requested by the County and which
the Township may legally provide.
2. The Project shall consist of the sewage disposal facilities as described and
specified in the preliminary plans set forth in Exhibit A, which is attached
hereto and is made a part hereof, and which preliminary plans are on file with
the County Agency and are approved and adopted. The Project shall be
acquired and constructed substantially in accordance with said preliminary
plans and in accordance with final plans and specifications to be prepared
and submitted by the consulting engineers, but variations therefrom that do
not materially change the location, capacity or overall design of the Project,
and that do not require an increase in the total estimated cost of the Project,
may be permitted on the authority of the County Agency. Other variations or
changes may be made if approved by the County Agency and by resolution
of the governing body of the Township and if provisions required by
paragraph 5 hereof are made for payment of any resulting increase in the
total estimated cost. The estimate of the cost of the Project and the estimate
of the period of usefulness thereof are set forth in Exhibit B.
3. The County shall take or cause to be taken all actions required or necessary,
in accordance with Act 34, to procure the issuance and sale of bonds by the
County, in one or more series, in whatever aggregate principal amount is
necessary to finance the cost of the Project not paid from other sources;
provided, however, that the issuance of such bonds shall be subject to the
confirmation by the governing body of the Township of a special assessment
roll assessing the cost of the Project to a special assessment district as set
forth in paragraphs 6 and 7 hereof and the expiration of any applicable
appeal periods therefor as determined by the County in its sole discretion.
Such bonds shall be issued in anticipation of the special assessments
imposed by the Township and remitted to the County. The bonds also will be
secured by a pledge of the full faith and credit of the County, and will be
payable in annual maturities the last of which shall not be more than thirty
years from the date thereof.
4. The County Agency shall proceed to take construction bids for the Project
and, subject to the sale and delivery of bonds, enter into construction
contracts with the lowest responsible bidder or bidders, procure from the
contractors all necessary and proper bonds, cause the Project to be
constructed within a reasonable time, and do all other things required by this
contract. The County Agency may, in its sole discretion, retain the services
of a third-party engineering firm to perform contract administration of the
Project, and payment for such services shall be part of the cost of the
Project. All certificates for required payments to contractors shall be
approved by the consulting engineers before presentation to the County
Agency and the latter shall be entitled to rely on such approval in making
payments.
5. Except as otherwise provided herein, in the event that it shall become
necessary to increase the estimated cost of the Project for any reason, or if
the actual cost of the Project shall exceed the estimated cost, whether as the
result of variations or changes made in the approved plans or otherwise, then
the County Agency shall not be obligated to pay such increased or excess
cost unless the governing body of the Township shall have adopted the
necessary proceedings approving such increase or excess and agreeing that
the same (or such part thereof as is not available from other sources) shall
be defrayed by increased or additional special assessments to be imposed
by the Township and remitted to the County in the manner hereinafter
provided.
Commissioners Minutes Continued. February 2, 2006
60
6. The Township shall take or cause to be taken all action required or
necessary, in accordance with Act 188, Public Acts of Michigan, 1954, as
amended ("Act 188"), to confirm a special assessment roll in an amount not
less than the entire cost of the Project not defrayed by grants and funds
available from other sources. The special assessments shall be payable in
not more than 20 annual installments, and shall bear interest at a rate equal
to 1% above the average rate of interest borne by the County bonds or such
lower rate as approved by the County Agency. The Township agrees to
remit all installments of the special assessments, and all interest thereon and
penalties relating thereto, to the County within 30 days of the Township's
receipt thereof. The Township further agrees to take or cause to be taken all
action required or necessary to collect such special assessments, interest
and penalties. The parties hereto acknowledge that the Township's
obligations under this contract are solely to remit installments of the special
assessments, interest and penalties and that the Township is not pledging its
full faith and credit for its obligations under this contract.
7. The parties hereto agree that this contract is an obligation of the Township as
described in section 15c of Act 188 and therefore the requirements of section
3 of Act 188 with respect to requiring a petition and section 4 of Act 188 with
respect to the hearing therein required shall not apply to the special
assessments described herein. For purposes of the Township's special
assessment proceedings, the parties hereto approve (i) the plans for the
Project on file in the offices of the County Agency and the Township Clerk
and the description and location of the Project as set forth in Exhibit A hereto,
(ii) $2,820,000 as the total cost of the Project and the total amount of such
cost to be borne by the special assessment district, (iii) the special
assessment district as set forth in Exhibit C hereto, and (iv) 20 years as the
term of the special assessment district's existence. Changes in any of the
items set forth in the preceding sentence are permitted upon appropriate
action by the Township pursuant to Act 188 and approval of the County
Agency. It is understood that the legal and administrative costs for creating
the special assessment district, legal review of the contracts, and costs
associated with legal challenges to the special assessment district are
Project costs. The Township shall have the authority to impose additional
special assessments, to pay the costs identified in this paragraph which are
not otherwise paid from bond proceeds. If an additional special assessment
is necessary to pay the costs identified in this paragraph not otherwise
covered by bond proceeds, the Township may retain those additional special
assessments required to pay the Township costs arising from this contract or
the project.
7. The County Agency is hereby authorized, but not required, to utilize County
personnel for the administration of the Project. The Township agrees that
the Costs (as hereinafter defined) of and Overhead (as hereinafter defined)
for contract administration, auditing and financial services shall be part of the
cost of the Project for purposes of Exhibit B hereof, whether such services
are provided by County personnel or third parties. "Costs" shall be defined in
this paragraph as the labor, including statutory and customary fringe benefits,
overtime, material and supplies, power and utility services, vehicle/equipment
rental and subcontractor services devoted specifically to the Project.
"Overhead" shall be defined in this paragraph to include the following: all
allocation of the labor cost, including statutory and customary fringe benefits,
of personnel responsible for administering this contract or supervising the
work performed in connection with this contract; an allocation of expenses of
the County Agency; and an allocation of the indirect cost of the County
charged to the County Agency for support services, such as (but not limited
to) legal, personnel, accounting, computer support, and insurance/risk
management.
Commissioners Minutes Continued. February 2, 2006
61
8. After completion of the Project the operation and maintenance of the Project
as part of the System shall be as determined by the County, including but not
limited to the operation and maintenance of the Project by the Charter
Township of Independence if so determined by the County.
9. It is understood and agreed by the parties hereto that the Project is to serve
the Township and not the individual property owners and users thereof,
unless by special arrangement between the County Agency and the
Township. The responsibility of requiring connection to and use of the
System shall be that of the Township. The County shall not be obligated to
acquire or construct any facilities other than those designated in paragraph 2
hereof.
10. The County shall have no obligation or responsibility for providing facilities
except as herein expressly provided with respect to the acquisition and
construction of the Project or as otherwise provided by contract. The
Township shall have the authority to provide such other facilities and shall
have the right to expand the facilities of the System by constructing or
extending sewers or related facilities, connecting the same to the System,
and otherwise improving the System. It is expressly agreed, nevertheless,
that no such connection shall be made to the System and no improvements,
enlargements or extensions thereof shall be made without first securing a
permit therefor from the County. Any such permit may be made conditional
upon inspection and approval of new construction by the County. It is further
agreed that the System shall be used for collection and conveyance of
sanitary sewage only and once built the Township shall take all necessary
action to prevent entry into the System of storm waters and also to prevent
entry of sewage or wastes of such a character as to be injurious to the
System or to the public health and safety; however, the Township shall not
be required to address infiltration of storm water that may arise from the
negligent design or construction of the System.
11. The parties hereto agree that the costs and expenses of any lawsuits arising
directly or indirectly out of this contract or the construction or financing of the
Project, to the extent that such costs and expenses are chargeable against
the County or the County Agency, shall be deemed to constitute a part of the
cost of the Project and shall be paid by the Township through the imposition
of additional special assessments in the same manner as herein provided
with respect to other costs of the Project. In the event of such litigation, the
County Agency shall consult with the Township and shall retain legal counsel
agreeable to the County and the Township to represent the County; provided
that if the County and the Township cannot agree as to such representation
within a reasonable time, the County Agency shall exercise its discretion as
to the retention of such counsel. This paragraph shall not apply to a lawsuit
instituted by the Township to enforce its rights under this contract.
12. All powers, duties and functions vested by this contract in the County shall be
exercised and performed by the County Agency, for and on behalf of the
County, unless otherwise provided by law or in this contract.
13. In the event that any one or more of the provisions of this contract for any
reason shall be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other
provisions hereof, but this contract shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
14. This contract shall become effective after its execution by each party hereto.
This contract shall terminate thirty (30) years from its date unless terminated
earlier by mutual agreement of the parties hereto in writing. This contract
shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns. This contract may be executed in any
number of counterparts.
Commissioners Minutes Continued. February 2, 2006
62
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and
delivered by their duly authorized officers, all as of the day and year first above written.
COUNTY OF OAKLAND
By:
County Drain Commissioner
(County Agency)
CHARTER TOWNSHIP OF SPRINGFIELD
By:
Supervisor
And:
Clerk
Copy of Exhibit A - Clinton Oakland Sewage Disposal System Softwater Lake Extension, Exhibit B –
Clinton Oakland Sewage Disposal System Softwater Lake Extension Estimate of Probable Cost, and
Exhibit C – Clinton Oakland Sewage Disposal System Softwater Lake Extension on file in County Clerk’s
office.
4. NOTICE OF INTENT TO ISSUE BONDS The County Clerk is hereby instructed to publish
the following notice once in a newspaper of general circulation in the County of Oakland,
which notice shall not be less than ¼ page in size in such newspaper, to wit:
NOTICE OF INTENT TO ISSUE BONDS
BY THE COUNTY OF OAKLAND, MICHIGAN
NOTICE IS HEREBY GIVEN, that the County of Oakland, Michigan, intends to issue
bonds in the aggregate principal amount of not to exceed $2,820,000 for the purpose of
defraying all or part of the cost of acquiring and constructing sewage disposal facilities
designated as the "Clinton-Oakland Sewage Disposal System Softwater Lake Extension"
to serve the residents of the Charter Township of Springfield and the County of Oakland.
The bonds will bear interest from their date at a rate or rates not exceeding 8% per
annum.
The bonds will be issued under and pursuant to the provisions of Act No. 34, Public Acts
of Michigan, 2001, as amended, and the full faith and credit of the County of Oakland will
be pledged to pay the principal of and interest on the bonds as the same shall become
due. It is expected that the principal of and interest on the bonds will be paid from special
assessments imposed by the Charter Township of Springfield on properties specially
benefiting from the facilities pursuant to a contractual agreement between the Charter
Township of Springfield and the County of Oakland. In addition, the County of Oakland
will be obligated, as a first budget obligation, to advance moneys from its general funds
or to levy ad valorem taxes on all taxable property within its corporate boundaries to pay
the principal of and interest on the bonds as the same shall become due. Taxes levied
by the County of Oakland for the payment of such principal and interest will be subject to
applicable constitutional and statutory limitations.
RIGHT TO PETITION FOR REFERENDUM
This notice is given, by order of the Board of Commissioners of the County of Oakland, to
and for the benefit of the electors of the County of Oakland in order to inform them of
their right to petition for a referendum upon the question of the issuance of the aforesaid
bonds. The bonds will be issued, without submitting such a question to a vote of the
electors, unless within 45 days after the date of publication of this notice a petition
requesting a referendum upon such question, signed by not less than 10% or 15,000 of
the registered electors residing within the County of Oakland, whichever is the lesser,
shall have been filed with the undersigned County Clerk. In the event that such a petition
is filed, the bonds will not be issued unless and until the issuance thereof shall have been
approved by the vote of a majority of the electors of the County of Oakland qualified to
vote and voting thereon at a general or special election.
FURTHER INFORMATION
Further information relative to the issuance of said bonds and the subject matter of this
notice may be secured at the office of the Clerk of the County of Oakland, 1200 North
Telegraph Road, Pontiac, Michigan 48341.
Commissioners Minutes Continued. February 2, 2006
63
This notice is given pursuant to the provisions of Act 34, Public Acts of Michigan, 2001,
as amended.
RUTH A. JOHNSON, Clerk
County of Oakland
5. OFFICIAL INTENT. The County hereby declares its official intent to issue its limited tax
general obligation bonds in the aggregate principal amount of not to exceed $2,820,000 to
finance the costs of the acquisition and construction of the Project described in the
aforestated notice and the County hereby declares that it reasonably expects to seek
reimbursement for its advances to the Project as anticipated by this resolution.
6. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may
be in conflict herewith are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (MISC. #06019)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DRAIN COMMISSIONER – RESOLUTION TO AUTHORIZE CLINTON-OAKLAND SEWAGE
DISPOSAL SYSTEM SOFTWATER LAKE EXTENSION CONTRACT AND AUTHORIZING NOTICE OF
INTENT TO ISSUE BONDS
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. This resolution establishes the Clinton-Oakland Sewage Disposal System Softwater Lake
Extension (the “Project”) and authorizes the contract for Oakland County to proceed with the
Project for the Charter Township of Springfield.
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 342”) and Act 34, Public Acts of Michigan, 2001 as amended (“Act 34”).
3. The Project consists of constructing a wastewater 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 $2,820,000 with a 30 year and upward useful life.
5. The Charter Township of Springfield shall pay Oakland County for the entire cost of the
Project not defrayed by grants or other funds that may become available from the proceeds
of the special assessment district.
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 shall be appropriated to this Project.
FINANCE COMMITTEE
(The vote for this motion appears on page 69.)
*REPORT (MISC. #06011)
BY: Personnel Committee, Gregory C. Jamian, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION/FRIEND OF THE COURT – REORGANIZATION AND
PERSONNEL RELATED ACTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #06011 on January 25, 2006
reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
Commissioners Minutes Continued. February 2, 2006
64
MISCELLANEOUS RESOLUTION #06011
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION/FRIEND OF THE COURT – REORGANIZATION AND
PERSONNEL RELATED ACTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the funding for Circuit Court/Family Division/Friend of the Court is approximately 66%
reimbursed by the Cooperative Reimbursement Program through the Michigan Department of Human
Services and approximately 34% funded by General Fund/General Purpose dollars; and
WHEREAS after review of the duties and responsibilities within their area the Circuit Court/Family
Division/Friend of the Court has determined that certain reclassifications will save General Fund/General
Purpose dollars; and
WHEREAS the impending retirement of management personnel has precipitated the need for the
proposed realignment of duties to coordinate with anticipated skill sets; and
WHEREAS the proposed realignment of duties is anticipated to increase efficiencies in the Friend of the
Court operation; and
WHEREAS the Human Resource Department has analyzed the proposed changes and is in agreement
with the Friend of the Court on these proposed changes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
downward reclassification of the Chief Assistant - FOC Operations position (#3010404-02431) from
Salary Grade 20 to Salary Grade 17 effective with the vacating of the position by the current incumbent.
BE IT FURTHER RESOLVED that the Chief-Child Support Account and Banking position (3010404-
07323) and the employee be upwardly reclassified from Salary Grade 16 to Salary Grade 17.
BE IT FURTHER RESOLVED that a new classification titled F.O.C. Case Assistant – Supervisor be
created as a Salary Grade 8, overtime non-exempt.
BE IT FURTHER RESOLVED that positions 3010404-00794 and 3010404-01210 be upwardly
reclassified from F.O.C. Case Assistant to the newly created classification of F.O.C. Case Assistant –
Supervisor.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #06011)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION/FRIEND OF THE COURT – REORGANIZATION AND
PERSONNEL RELATED ACTIONS
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. A review of the duties and responsibilities within the Circuit Court/Family Division/Friend of
the Court has determined that certain position reclassifications will save General
Fund/General Purpose dollars.
2. The resolution authorizes the downward reclassification of the Chief Assistant - FOC
Operations position (#3010404-02431) from Salary Grade 20 to Salary Grade 17 effective
with the vacating of the position by the current incumbent on January 31, 2006.
3. The Chief-Child Support Account and Banking position (3010404-07323) will be upwardly
reclassified from Salary Grade 16 to Salary Grade 17.
4. A new classification titled F.O.C. Case Assistant – Supervisor, be created as a Salary Grade
8, overtime non-exempt.
5. Positions 3010404-00794 and 3010404-01210 will be upwardly reclassified from F.O.C. Case
Assistant to the newly created classification of F.O.C. Case Assistant – Supervisor.
6. Funding for these positions is 66% from Cooperative Reimbursement Program (CRP), and
34% from GF/GP Grant Match, this action will result in GF/GP savings of $6,400 for the
remainder of Fiscal Year 2006, and $9,788 for Fiscal Year 2007.
Commissioners Minutes Continued. February 2, 2006
65
7. The following budget amendment is recommended to the Fiscal Year 2006 and Fiscal Year
2007 budget:
GENERAL FUND(10100) FY 2006 FY 2007
3010301-121100-730800 Cir. Ct.Grant Match ($6,400) ($9,788)
9090101-196030-730800 Non-Dept Grant Match 6,400 9,788
Total Expense $ -0- $ -0-
CIRCUIT COURT FUND(27100)
Revenue
3010404-126030-630434 CRP Contract ($12,424) ($19,001)
3010404-126030-630467 Grant Match ( 6,400) ( 9,788)
Total Revenue ($18,824) ($28,789)
Expenditures
3010404-126030-702010 Salaries ($16,736) ($25,596)
3010404-126030-722740 Fringes ( 5,825) ( 8,907)
3010404-126050-702010 Salaries 2,772 4,239
3010404-126050-722740 Fringes 965 1,475
Sub-total ($18,824) ($28,789)
Net of Revenues and Expenditures $ -0- $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 69.)
*REPORT (MISC. #06012)
BY: Personnel Committee, Gregory C. Jamian, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES
IN THE CHARTER TOWNSHIP OF ROYAL OAK 2004-2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #06012 on January 25, 2006,
reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #06012
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES IN
THE CHARTER TOWNSHIP OF ROYAL OAK 2004-2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Royal Oak Township has contracted with the Oakland County Sheriff's Office to provide law
enforcement services for the Township (Miscellaneous Resolution #04119); and
WHEREAS Schedule A of this contract provides that if the Michigan State Police provides a State
Trooper for forty hours per week, the Sheriff will reduce one contracted Deputy II; and
WHEREAS through Contract Amendment #1 (Miscellaneous Resolution #04156) two Deputy II (with fill-
in) positions were deleted at the request of the Charter Township of Royal Oak; and
WHEREAS through Contract Amendment #2 (Miscellaneous Resolution #04188) one Deputy II (with fill-
in) position was deleted at the request of the Charter Township of Royal Oak; and
WHEREAS the Sheriff has reduced the number of Deputy II's for the Charter Township of Royal Oak by
three (3); therefore, the invoice to the Charter Township of Royal Oak was adjusted accordingly; and
WHEREAS the Michigan State Police has agreed to provide patrols for the midnight shift in the Charter
Township of Royal Oak; and
WHEREAS this action will provide the Charter Township of Royal Oak the ability to reduce three (3)
Deputy II (with fill-in) positions; and
WHEREAS the Charter Township of Royal Oak has requested to delete three (3) Deputy II (w/fill-in); and
WHEREAS the Sheriff has agreed to delete three (3) Deputy II (with fill-in) positions for the Charter
Township of Royal Oak under the terms of this contract.
Commissioners Minutes Continued. February 2, 2006
66
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
deletion of three (3) Deputy II positions (#4030627-09298, #4030627-09303, #4030627-09305) in
accordance with the Oakland County Sheriff's Department 2004-2008 Law Enforcement Services
Agreement with the Charter Township of Royal Oak.
BE IT FURTHER RESOLVED that one patrol vehicle with mobile, prep, MDC and video camera be
deleted from the county fleet.
BE IT FURTHER RESOLVED that this deletion will take effect on February 4, 2006.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Sheriff’s Department 2004-2008 Law Enforcement Services Agreement with
Charter Township of Royal Oak, Amendment 3, Schedules A and A-1 - Sheriff’s Deputies Contracted for
and to be Assigned to Municipality on file in County Clerk’s office.
FISCAL NOTE (MISC. #06012)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES
IN THE CHARTER TOWNSHIP OF ROYAL OAK 2004-2008
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. The Charter Township of Royal Oak requested an amendment to the contract between
the Charter Township of Royal Oak and the Oakland County Sheriff for law enforcement
services beginning February 4, 2006.
2. This amendment deletes three (3) Deputy II positions (#09298, #09303 and #09305) in
the Contracted Patrol Unit, Patrol Services Division, of the Sheriff’s Office.
3. Operating revenues and expenses will be reduced by $256,483 for Fiscal Year 2006 and
$383,523 for Fiscal Year 2007.
4. The amendment deletes one (1) marked vehicle (with mobile, prep radio, MDC and video
camera) from the county fleet.
5. A budget amendment to the Fiscal Year 2006 and Fiscal Year 2007 budget is
recommended as follows:
GENERAL FUND #10100 FY 2006 FY 2007
Revenue
4030601-110000-632093 Sheriff Spec. Deputies ($256,483) ($383,523)
Total General Fund Revenue ($256,483) ($383,523)
Expenditures
4030601-116180-702010-40160 Salaries Regular ($158,190) ($240,407)
4030601-116180-722740-40160 Fringe Benefits ($ 72,961) ($117,244)
4030601-110000-776661 Motor Pool ($ 4,608) ($ 4,608)
4030601-110000-777560 Radio Comm. ($ 591) ($ 788)
4030601-110000-772618 Equipment Rental ($ 555) ($ 740)
4030901-110040-750070 Deputy Supplies ($ 2,592) ($ 2,592)
4030101-112580-774677 Insurance Fund ($ 2,817) ($ 2,817)
4030601-110000-773535 Info Tech CLEMIS ($ 474) ($ 632)
4030510-116230-712020 Overtime ($ 13,695) ($ 13,695)
Total General Fund Expenses ($256,483) ($383,523)
MOTOR POOL FUND #66100
Revenue
1030811-184010-631071 Leased Equipment ($ 4,608) ($ 4,608)
Total Motorpool Revenue ($ 4,608) ($ 4,608)
Expenditures
1030811-184010-761121 Depreciation Vehicles ($ 4,608) ($ 4,608)
Total Motorpool Expenses ($ 4,608) ($ 4,608)
Commissioners Minutes Continued. February 2, 2006
67
RADIO COMMUNICATIONS FUND #53600
Revenue
1080310-115150-631071 Leased Equipment ($ 591) ($ 788)
Total Radio Comm. Revenue ($ 591) ($ 788)
Expenditures
1080310-115150-761121 Depreciation ($ 591) ($ 788)
Total Radio Communications Expenses ($ 591) ($ 788)
CLEMIS FUND #53500
Revenue
1080301-116080-630931 In-Car Terminals Int. ($ 474) ($ 632)
Total CLEMIS Revenue ($ 474) ($ 632)
Expenditures
1080305-116020-761121 Depreciation Equipment ($ 474) ($ 632)
Total CLEMIS Expenses ($ 474) ($ 632)
EQUIPMENT FUND #66400
Revenue
1020640-182060-630658 Equipment Rental ($ 555) ($____740)
Total Equipment Fund Revenue ($ 555) ($ 740)
Expenditures
1020640-182060-761121 Depreciation Equipment ($ 555) ($ 740)
Total Equipment Fund Expenses ($ 555) ($ 740)
FINANCE COMMITTEE
(The vote for this motion appears on page 69.)
*REPORT (MISC. #06013)
BY: Personnel Committee, Gregory C. Jamian, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
IN THE CHARTER TOWNSHIP OF OXFORD 2004-2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #06013 on January 25, 2006,
reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #06013
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN
THE CHARTER TOWNSHIP OF OXFORD 2004-2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Charter Township of Oxford has contracted with the Oakland County Sheriff's Department
to provide law enforcement services for the Township (Miscellaneous Resolution #03368); and
WHEREAS paragraph 24 of this contract provided that an amendment to this contract must be approved
by concurrent resolutions of both the Oakland County Board of Commissioners and the Charter Township
of Oxford Board; and
WHEREAS the Charter Township of Oxford has approved a proposed amendment to the contract
(Schedule A and A-1) which would delete one (1) Patrol Investigator bringing the new total of contracted
positions to sixteen (16); and
WHEREAS the Sheriff has agreed to delete one (1) Patrol Investigator for the Charter Township of Oxford
under the terms of this contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
deletion of one (1) Patrol Investigator position in accordance with the Oakland County Sheriff's
Department 2004-2008 Law Enforcement Services Agreement with the Charter Township of Oxford.
Commissioners Minutes Continued. February 2, 2006
68
BE IT FURTHER RESOLVED that one Deputy II position (#4030626-09453) be deleted effective
February 4, 2006.
BE IT FURTHER RESOLVED that one unmarked vehicle with mobile and prep radio be deleted from the
County fleet.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Sheriff’s Department 2004-2008 Law Enforcement Services Agreement with
Charter Township of Oxford, Amendment 2, Schedules A and A-1 - Sheriff’s Deputies Contracted for and
to be Assigned to Municipality on file in County Clerk’s office.
FISCAL NOTE (MISC. #06013)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
IN THE CHARTER TOWNSHIP OF OXFORD 2004-2008
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. The Charter Township of Oxford requested an amendment to the contract between the
Charter Township of Oxford and the Oakland County Sheriff for law enforcement services
beginning February 4, 2006.
2. This amendment deletes one (1) Deputy II position (#09453) in the Contracted Patrol
Unit, Patrol Services Division, of the Sheriff’s Office.
3. Operating revenues and expenses will be reduced by $73,574 for Fiscal Year 2006 and
$110,055 for Fiscal Year 2007.
4. The amendment deletes one (1) unmarked vehicle (with mobile and prep radio) from the
county fleet.
5. A budget amendment to the Fiscal Year 2006 and Fiscal Year 2007 budget is
recommended as follows:
FY 2006 FY 2007
GENERAL FUND #10100
Revenue
4030601-110000-632093 Sheriff Spec. Deputies ($ 73,574) ($110,055)
Total General Fund Revenue ($ 73,574) ($110,055)
Expenditures
4030601-116180-702010-40140 Salaries Regular ($ 40,996) ($ 63,994)
4030601-116180-722740-40140 Fringe Benefits ($ 21,011) ($ 34,297)
4030601-110000-776661 Motor Pool ($ 4,608) ($ 4,608)
4030601-110000-777560 Radio Comm. ($ 591) ($ 788)
4030901-110040-750070 Deputy Supplies ($ 864) ($ 864)
4030101-112580-774677 Insurance Fund ($ 939) ($ 939)
4030510-116230-712020 Overtime ($ 4,565) ($ 4,565)
Total General Fund Expenses ($ 73,574) ($110,055)
MOTOR POOL FUND #66100
Revenue
1030811-184010-631071 Leased Equipment ($ 4,608) ($ 4,608)
Total Motorpool Revenue ($ 4,608) ($ 4,608)
Expenditures
1030811-184010-761121 Depreciation Vehicles ($ 4,608) ($ 4,608)
Total Motorpool Expenses ($ 4,608) ($ 4,608)
RADIO COMMUNICATIONS FUND #53600
Revenue
1080310-115150-631071 Leased Equipment ($ 591) ($ 788)
Total Radio Comm. Revenue ($ 591) ($ 788)
Commissioners Minutes Continued. February 2, 2006
69
Expenditures
1080310-115150-761121 Depreciation ($ 591) ($ 788)
Total Radio Communications Expenses ($ 591) ($ 788)
FINANCE COMMITTEE
Vote on Resolutions on the Consent Agenda, as amended:
AYES: Coleman, Coulter, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long,
Melton, Molnar, Nash, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack,
Bullard. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda, as amended, were
adopted (with accompanying reports being accepted).
MISCELLANEOUS RESOLUTION #06020
BY: Commissioners Greg Jamian, Eric Wilson, William Patterson, Thomas Middleton, Bill Bullard, Jr.,
Marcia Gershenson, John Scott, Eileen Kowall
IN RE: BOARD OF COMMISSIONERS - ENVIRONMENTAL INFRASTRUCTURE FUND DEADLINE
EXTENSION UNTIL SEPTEMBER 1, 2006
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #05047 to
extend the application deadline for municipalities to apply for reimbursement from the Environmental
Infrastructure Fund; and
WHEREAS in 1999, the Oakland County Board of Commissioners adopted Miscellaneous Resolution
#99093, the Environmental Infrastructure Fund Disbursement Policy, that established the 5-year, $25
million program; and
WHEREAS the Environmental Infrastructure Fund program assists communities in Oakland County by
reimbursing them for the costs of eligible, environmental remediation or improvement projects related to
ground and/or surface water, water supply, water pollution control (as part of road projects), sewer
systems or drainage systems; and
WHEREAS 60 Cities, Villages and Townships in Oakland County submitted applications for project
authorizations by September 30, 2004. The documentation for these reimbursement requests included a
resolution from the local legislative board or council authorizing the reimbursement request and a project
description; and
WHEREAS municipalities were originally given a deadline of September 30, 2005, to request
reimbursement from the Environmental Infrastructure Fund for the costs incurred on authorized projects,
which was to be accompanied by a copy of paid invoices; and
WHEREAS the Environmental Infrastructure Fund has already reimbursed over $23 million to Cities,
Villages and Townships in Oakland County; and
WHEREAS the following 7 municipalities that have not yet submitted all of their paid invoices for
reimbursements: Village of Leonard, Brandon Township, Village of Ortonville, Oakland Township, Rose
Township, Waterford Township and West Bloomfield Township; and
WHEREAS it has been requested to extend the Environmental Infrastructure Fund deadline until
September 1, 2006, to allow these communities additional time to provide the required paid invoices.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Environmental Infrastructure Fund deadline to be extended until September 1, 2006 to
allow municipalities with authorized projects to submit requests for reimbursements that are to be applied
against their previously designated appropriation.
Chairperson, we move the adoption of the foregoing resolution.
GREG JAMIAN, WILLIAM PATTERSON, ERIC
WILSON, THOMAS MIDDLETON, BILL
BULLARD, MARCIA GERSHENSON, JOHN
SCOTT, EILEEN KOWALL
Commissioners Minutes Continued. February 2, 2006
70
FISCAL NOTE (MISC. #06020)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: BOARD OF COMMISSIONERS – ENVIRONMENTAL INFRASTRUCTURE FUND DEADLINE
EXTENSION UNTIL SEPTEMBER 1, 2006
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 requests from municipalities for reimbursements are to be applied against their
previously designated appropriation.
2. There are no fiscal implications with the approval of this resolution.
FINANCE COMMITTEE
Moved by Moss supported by Jamian the resolution be adopted.
Discussion followed.
AYES: Coulter, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Molnar,
Moss, Nash, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard,
Coleman. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #06021
BY: General Government Committee, William Patterson, Chairperson
IN RE: DEPARTMENTS OF INFORMATION TECHNOLOGY, HUMAN RESOURCES AND
MANAGEMENT AND BUDGET – APPROVAL OF REMOTE ACCESS AGREEMENT AND POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Departments of Information Technology, Human Resources and Management and
Budget have developed the attached OakSource Remote Access Agreement and Policy which covers all
information and electronic communications transmitted, stored or displayed, as well as the software and
stored data (hereinafter referred to as “OakSource”); and
WHEREAS Corporation Counsel has reviewed and approves of the attached policy.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves the
attached Remote Access Agreement and Policy.
BE IT FURTHER RESOLVED that this policy shall become effective on March 9, 2006.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of OakSource Remote Access Agreement and Policy on file in County Clerk’s office.
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
REPORT
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE COORDINATING ZONING
COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the expiring appointments on the Coordinating
Zoning Committee and the recommendations by Charles E. Palmer, Chairperson, Planning and Building
Committee, recommends the filling of the seats, as follows:
Commissioners Minutes Continued. February 2, 2006
71
COORDINATING ZONING COMMITTEE (One-Year Term Expiring December 31, 2006)
Commissioner Sue Ann Douglas, Chair
Commissioner Thomas Middleton
Commissioner Jim Nash
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of letter from Charles E. Palmer, Chairperson of the Planning and Building Committee on file in
County Clerk’s office.
Moved by Patterson supported by Gregory the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Patterson supported by Gregory the appointments of Commissioners Sue Ann Douglas, Chair,
Thomas Middleton, and Jim Nash to the Coordinating Zoning Committee for a one-year term expiring
December 31, 2006 be confirmed.
Vote on appointment:
AYES: Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Molnar, Moss,
Nash, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman,
Coulter. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointments of Commissioners Sue Ann Douglas, Chair,
Thomas Middleton, and Jim Nash to the Coordinating Zoning Committee for a one-year term expiring
December 31, 2006 were confirmed.
REPORT
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE JOB EVALUATION REVIEW
PANEL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the expiring appointments on the Job Evaluation
Review Panel and the recommendations by Gregory C. Jamian, Chairperson, Personnel Committee,
recommends the filling of the seats, as follows:
JOB EVALUATION REVIEW PANEL (One-Year Appointment expiring December 31, 2006)
Commissioner Eric Coleman
Commissioner John A. Scott
Commissioner Jim Nash, Alternate
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
REPORT
BY: Personnel Committee, Gregory C. Jamian, Chairperson
IN RE: APPOINTMENTS TO JOB EVALUATION REVIEW PANEL
To the General Government Committee
Chairperson, Ladies and Gentlemen:
The Personnel Committee hereby recommends appointments to the Job Evaluation Review Panel as
follows:
Commissioner Eric Coleman, Commissioner John A. Scott and Commissioner Jim Nash as
alternate.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
Commissioners Minutes Continued. February 2, 2006
72
Moved by Patterson supported by Melton the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Patterson supported by Melton the appointments of Commissioners Eric Coleman, John Scott,
and Jim Nash, as alternate, to the Job Evaluation Review Panel for a one-year term expiring
December 31, 2006 be confirmed.
Vote on appointment:
AYES: Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Molnar, Moss, Nash,
Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter,
Douglas. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointments of Commissioners Eric Coleman, John Scott,
and Jim Nash, as alternate, to the Job Evaluation Review Panel for a one-year term expiring
December 31, 2006 was confirmed.
Commissioner Greg Jamian stated there were no resolutions from the Personnel Committee on the
Agenda to report. In addition, Commissioner Jamian also addressed Greg Thrasher’s concerns regarding
affirmative action policies and efforts within Oakland County. Commissioner Jamian stated Oakland
County’s policy is extremely successful, and Oakland County serves as a model in this involvement.
MISCELLANEOUS RESOLUTION #06022
By: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER – APPROVAL OF REVISIONS TO THE SCHEDULE OF FEES FOR
PLAT EXAMINATION BY THE COUNTY DRAIN COMMISSIONER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentleman:
WHEREAS Act 288 of the Public Acts of 1967, as amended, (“Land Division Act”), mandates that the
Drain Commissioner review and approve all new subdivision plats in Oakland County; and
WHEREAS Section 249 of the Land Division Act provides that the County Board of Commissioners may
adopt a reasonable schedule of fees to be charged proprietors seeking approval of plats to compensate
the County Drain Commissioner for his examination of those plats and plans; and
WHEREAS the Board of Commissioners (formerly the Board of Supervisors) by Miscellaneous Resolution
#4834, adopted March 13, 1968, approved a schedule of fees to be charged by the County Drain
Commissioner; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #8406, adopted on April 20, 1978,
last approved an increase in the schedule of fees to be charged by the County Drain Commissioner; and
WHEREAS the schedule of fees adopted by the Board of Commissioners in 1978 is no longer adequate
to compensate the County Drain Commissioner for the cost of his examination of the plats submitted to
his office; and
WHEREAS the revenue from the fees collected by the County Drain Commissioner for plat examination
are deposited in the County General Fund for the purpose of compensating the County of Oakland for the
personnel and other costs incurred in the examination and review of the plats submitted to the County
Drain Commissioner under the statute.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby approves and adopts
the following schedule of fees to be charged proprietors seeking approval of plats under the provisions of
the Land Division Act:
Preliminary plat review flat fee $ 250.00
For plats less than 5 acres $ 400.00
For plats 5.00 acres to 19.99 acres $1,000.00
For plats 20.00 acres to 49.99 acres $1,700.00
For plats 50.00 acres to 99.99 acres $2,300.00
For plats with 100.00 acres or more $2,800.00
Commissioners Minutes Continued. February 2, 2006
73
The plat review fee covers the initial review and a review of the first set of revised plans. The proprietor
will be billed at $60.00 per hour for additional reviews.
BE IT FURTHER RESOLVED that the monetary fees established by this resolution shall be adjusted
each October 1 beginning October 1, 2006 pursuant to the annual average percentage increase or
decrease in the national consumer price index-all items. The adjustment for each year shall be made by
comparing the percentage increase or decrease in the national consumer price index for the preceding
April by the corresponding national consumer price index-all items for the preceding one (1) year. The
resultant percentage change shall then be multiplied by the affected monetary fees. The results shall be
rounded up to the nearest $5.00 and added or subtracted from the current fees as previously adjusted by
this resolution to obtain the new amounts for that year. The Drain Commissioner shall calculate the
adjusted monetary fees and make them available to the Board of Commissioners.
BE IT FURTHER RESOLVED that the County Drain Commissioner will post in the Office of the Drain
Commissioner the increase or decrease affected by the national consumer price index at least thirty (30)
days before the monetary fees take effect.
BE IT FURTHER RESOLVED that the County Drain Commissioner will forward notice to the
Chairpersons of the Planning and Building and Finance Committee of the increase or decrease affected
by the national consumer price index at least thirty (30) days before the monetary fees take effect.
BE IT FURTHER RESOLVED that the fees established pursuant to this resolution shall be reviewed
every five (5) years beginning September 1, 2011.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #06023
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: OAKLAND COUNTY DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT
RECIPROCAL CROSS ACCESS EASEMENT TO THE CITY OF ROCHESTER HILLS – 52-3 DISTRICT
COURT (TAX PARCEL NO. 15-26-377-002)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of 52-3 District Court and Sheriff Substation property
located at 700 and 750 Barclay Circle in the City of Rochester Hills; and
WHEREAS Pursuant to the terms and conditions of the present sublease agreement between the County
of Oakland and the City of Rochester Hills dated August 22, 2002 for the construction and leasing of the
new Sheriff Substation located at 750 Barclay Circle the County is required to apply to the City for a
parcel split to separate the courthouse property and the substation property; and
WHEREAS City has granted the parcel split subject to the County and the City granting a Reciprocal
Cross Access Easement over the Courthouse and Substation properties. The purpose of the easement
is to provide for common ingress and egress over the properties and for the construction, operation,
maintenance and repair of the parking areas and driveways located on the properties; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached Reciprocal Cross Access Easement to the City of
Rochester Hills for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Reciprocal Cross Access Easement, Survey, Legal Description, and Detail “A” on file in County
Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. February 2, 2006
74
MISCELLANEOUS RESOLUTION #06024
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: RESOLUTION APPROVING FORM OF SUBLEASE AMONG THE COUNTY OF OAKLAND AS
LESSOR, THE CITY OF PONTIAC AND THE CITY OF PONTIAC GENERAL BUILDING AUTHORITY
AS LESSEES AND THE CITY OF PONTIAC TAX INCREMENT FINANCE AUTHORITY REGARDING
THE PHOENIX CENTER LOCATED IN THE CITY OF PONTIAC, OAKLAND COUNTY, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there has been prepared and attached hereto as APPENDIX A, a form of sublease among
the County of Oakland (the “County”), the City of Pontiac (the “City”), the City of Pontiac General Building
Authority (the “City Authority”), and the City of Pontiac Tax Increment Finance Authority (the “Sublease”)
whereby the City and the City Authority will sublease certain real estate described therein from the
County for up to twenty-one (21) years; and
WHEREAS the final Sublease cannot be completed until the bonds are sold for the project.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. The Sublease, in the form attached hereto as APPENDIX A, is hereby approved and the
blanks therein continued in Appendix B and C of the Sublease shall be completed by the
Chairperson of the Board of Commissioners of the County after the bonds are sold which
will include inserting the debt retirement schedule for the bonds.
2. The Chairperson of the Board of Commissioners of the County and the County Clerk are
hereby authorized to execute and deliver the Sublease once the blanks therein have
been completed.
3. All resolutions and parts of resolutions, insofar as they conflict with the foregoing
resolution, are hereby rescinded.
Chairperson on behalf of the Planning and Building Committee, I move adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Appendix A – Sublease, Appendix A – Project Description, Legal Description, Preliminary Project
Cost Estimate, Appendix B – Estimated Schedule of Principal and Interest, and Appendix C –
Redemption Provisions on file in County Clerk’s office.
Moved by Douglas supported by Hatchett the resolution be adopted.
Discussion followed. Commissioner Eric Wilson thanked Pontiac Mayor Clarence Phillips for coming in
and talking to each caucus. Commissioners Mattie Hatchett, Tim Melton, and Sue Ann Douglas also
responded.
AYES: Gregory, Hatchett, Jamian, Kowall, Long, Melton, Molnar, Moss, Nash, Patterson, Potter,
Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Douglas,
Gershenson. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Commissioners Minutes Continued. February 2, 2006
75
REPORT (MISC. #06010)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: CIRCUIT COURT/MANAGEMENT AND BUDGET/REIMBURSEMENT DIVISION –
INFORMATION TECHNOLOGY SYSTEMS DEVELOPMENT SUPPORT FOR THE DEVELOPMENT OF
THE REQUIRED STATE COURT ADMINISTRATIVE OFFICE (SCAO) REPORTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee having reviewed the above referenced resolution recommends an amendment to
the NOW THEREFORE BE IT RESOLVED paragraph as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes a one-time nonrecurring appropriation of $40,098 to fund Information Technology
systems development support the Reimbursement Division project up to $40,098 which is
funded by the General Fund, non-departmental IT Development account, to ensure
successful implementation of the new State Court Administrative Office (SCAO) reporting
requirements.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #06010
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT/MANAGEMENT AND BUDGET/REIMBURSEMENT DIVISION -
INFORMATION TECHNOLOGY SYSTEMS DEVELOPMENT SUPPORT FOR THE DEVELOPMENT OF
THE REQUIRED STATE COURT ADMINISTRATIVE OFFICE (SCAO) REPORTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State Court Administrative Office (SCAO) is requiring that all circuit courts and circuit
court family divisions provide improved annual reporting and collection management information, in the
form of standardized reports, to the courts and the State Court Administrative Office (SCAO) effective
July 15, 2006; and
WHEREAS the reports will be utilized to monitor court collections, identify best practices, and identify
courts that need direct technical assistance; and
WHEREAS a firm estimate of Information Technology (IT) systems development project hours has been
determined to be 489 hours at $82 per hour ($40,098) for project development support.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes a
one-time nonrecurring appropriation of $40,098 to fund Information Technology systems development
support to ensure successful implementation of the new State Court Administrative Office (SCAO)
reporting requirements.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #06010)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: CIRCUIT COURT/MANAGEMENT AND BUDGET/REIMBURSEMENT DIVISION -
INFORMATION TECHNOLOGY SYSTEMS DEVELOPMENT SUPPORT FOR THE DEVELOPMENT OF
THE REQUIRED STATE COURT ADMINISTRATIVE OFFICE (SCAO) REPORTS
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 Administrative Office (SCAO) is requiring that all circuit courts and circuit
court family divisions provide improved annual reporting and collection management
information in the form of standardized reports, to the courts and the State Administrative
Office (SCAO) effective July 15, 2006.
2. The reports will be utilized to monitor court collections, identify best practices, and identify
courts that need direct technical assistance.
Commissioners Minutes Continued. February 2, 2006
76
3. The funding for the Information Technology (IT) project is determined to be $40,098 for
589 hours at $82 per hour.
4. Funding for this project is available in the Non-Departmental Information Technology
Development account.
5. The Reimbursement Division will be billed and budget amended quarterly for this
Information Technology Development project according to current IT Development policy.
6. No budget amendment is necessary.
FINANCE COMMITTEE
Moved by Potter supported by Wilson the resolution be adopted.
Moved by Potter supported by Wilson the Finance Committee Report be accepted.
Chairperson Bill Bullard, Jr. asked if there was any discussion on the report. There was none.
A sufficient majority having voted in favor, the report was accepted.
Moved by Potter supported by Wilson the resolution be amended to coincide with the recommendation in
the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Hatchett, Jamian, Kowall, Long, Melton, Molnar, Moss, Nash, Patterson, Potter, Rogers,
Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Douglas, Gershenson,
Gregory. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #06025
BY: Commissioners Sue Ann Douglas, District #12 and Eileen T. Kowall, District #6
IN RE: BOARD OF COMMISSIONERS - OPPOSITION TO SENATE BILL 945 TO MAKE THE DRAIN
COMMISSIONER AN APPOINTED POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Senate Bill 945 proposes to amend the Michigan Election Law, Sections 200 and 209 (MCL
168.200 and 168.209), to provide that in a county with a population of 500,000 or more, the County Board
of Commissioners may, by resolution, convert the position of Drain Commissioner from an elected office
to an appointed position; and
WHEREAS Senate Bill 945 further provides that the County Board of Commissioners is to first hold a
public hearing, then adopt a resolution establishing the appointed Drain Commissioner position before the
deadline for the nominating petitions for the office of Drain Commissioner. The resolution does not take
effect until there is an open vacancy in the office of Drain Commissioner; and
WHEREAS The Michigan Association of County Drain Commissioners (MACDC) has noted that the
language in Senate Bill 945, creating an appointed Drain Commissioner, would be in direct conflict with
Section 21 of the Michigan Drain Code (MCL 280.21). The MACDC is opposed to the idea of an
appointed Drain Commissioner regardless of the population of the County in which the Drain
Commissioner acts; and
WHEREAS if Senate Bill 945 is passed, the Drain Commissioner would retain the authority to assess
properties for the cost of a project; however, the Drain Commissioner would no longer be accountable to
the electorate for his/her actions in making such apportionments; and
WHEREAS Senate Bill 945 would be creating a conflict of interest because the Drain Commissioner
would be appointed by the County Board of Commissioners, but would also be assessing the County for
a portion of the project cost; and
Commissioners Minutes Continued. February 2, 2006
77
WHEREAS as county populations continue to expand within the State of Michigan, under Senate Bill 945
there would be increasingly an arbitrary divide between counties with appointed Drain Commissioners
and counties where the Drain Commissioner is elected, without any rational reason for the distinction.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
opposes Senate Bill 945 and holds the position that the office of the Drain Commissioner should remain
an elected office, regardless of the population of the county, so that the Drain Commissioner is held
accountable to the local electorates.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland
County Clerk to forward copies of this adopted resolution to the House Committee on Local, Urban and
State Affairs, the Oakland County Delegation to the State Legislature, the Michigan Association of
Counties, the Oakland County Drain Commissioner, the Michigan Association of County Drain
Commissioners and the Oakland County Legislative Lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
SUE ANN DOUGLAS, EILEEN KOWALL, BILL
BULLARD, WILLIAM PATTERSON, CHUCK
MOSS, WILLIAM MOLNAR, ERIC WILSON,
JEFF POTTER, MIKE ROGERS, CHRISTINE
LONG, GREG JAMIAN, TIM MELTON,
GEORGE SUAREZ, MATTIE HATCHETT
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #06026
BY: Commissioner Eileen T. Kowall, District #6
IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO MISCELLANEOUS RESOLUTION #05040
- PUBLICATION OF OAKLAND COUNTY BOARD OF COMMISSIONER APPOINTMENTS TO ALLOW
FOR A DISCRETIONARY WAIVER FOR RE-APPOINTMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on March 10, 2005, the Oakland County Board of Commissioners adopted Miscellaneous
Resolution #05040 to provide for the publication of all openings for which the Board of Commissioners
make appointments; and
WHEREAS on July 28, 2005, the Oakland County Board of Commissioners adopted Miscellaneous
Resolution #05124 to provide for candidate questionnaires and allowing the General Government
Committee to determine which, if any, candidates would be scheduled for an interview; and
WHEREAS on occasion, the Board of Commissioners must make appointments to fill positions that are
vacated prior to the ending of the unexpired term; and
WHEREAS the General Government Committee could find itself publishing for appointments and
conducting interviews within a very short period of time following the original appointment to fill an
unexpired term; and
WHEREAS in an effort to expedite the appointment process when the original appointment was for a
period of less than one (1) year, in order to fill an unexpired term, the General Government Committee
should be permitted to waive the publishing, posting and advertising requirement for appointments under
these circumstances.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
amends the previously adopted Miscellaneous Resolution #05040 - The Publication of Oakland County
Board of Commissioner Appointments by adding the following as the last paragraph:
BE IT FURTHER RESOLVED that the General Government Committee has the discretion to
waive the above-cited publication and interview requirements when they are considering the re-
appointment of an individual, who was previously interviewed and appointed, to fill an unexpired
portion of a term in which the time remaining in that unexpired term is less than one (1) year.
Commissioners Minutes Continued. February 2, 2006
78
Chairperson, we move the adoption of the foregoing resolution.
EILEEN KOWALL, CHRISTINE LONG, BILL
BULLARD, SUE ANN DOUGLAS, GREG
JAMIAN, MIKE ROGERS, JEFF POTTER, ERIC
WILSON, WILLIAM MOLNAR, JOHN SCOTT,
GEORGE SUAREZ, TIM MELTON, MARSHA
GERSHENSON, JIM NASH, HELAINE ZACK,
DAVID COULTER, ERIC COLEMAN, MATTIE
HATCHETT
Copy of Proposed Amendment – Miscellaneous Resolution #05040 on file in County Clerk’s office.
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #06027
BY: Commissioners Eileen Kowall, Bill Bullard, Jr., Eric Coleman, David Coulter, Hugh Crawford, Sue
Ann Douglas, Marcia Gershenson, Vincent Gregory, Mattie Hatchett, Greg Jamian, Christine Long, Tim
Melton, Thomas Middleton, William Molnar, Chuck Moss, Jim Nash, Charles Palmer, William Patterson,
Jeff Potter, Mike Rogers, John Scott, George Suarez, Eric Wilson, Dave Woodward, Helaine Zack
IN RE: BOARD OF COMMISSIONERS - SUPPORT OUR TROOPS DAY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it was through the brave and noble efforts of our Forefathers that the United States of
America first gained freedom and became a sovereign nation. Since the American Revolution and
throughout our country’s history many wars have been fought; many battles have been waged; and many
lives have been lost in order to protect our country and our cherished freedom; and
WHEREAS in 1938, Congress proclaimed November 11th to be Armistice Day and in 1954, changed the
name to Veterans’ Day to honor all who have fought bravely in America’s wars; and
WHEREAS in 1868, General John Logan, national commander of the Grand Army of the Republic,
officially proclaimed the 30th day of May to be Memorial Day, in honor of those fine men and women who
have given their lives in service to our country; and
WHEREAS in order to continually protect our cherished freedom we must always maintain armed forces
and be ever vigilant against threats to our nation. For this reason, thousands of American troops are
currently stationed around the world on peacekeeping missions, as well as fighting the war on terrorism.
They spend months and years away from family and friends. Many endure incredibly harsh living
conditions. Moreover, these brave Americans put themselves in harm’s way to keep us safe, knowing
full-well they may be making the ultimate sacrifice; and
WHEREAS our active troops are remembered along with veterans on Memorial Day and Veterans’ Day;
however, there is no day set aside specifically to honor the men and women who are presently serving
our country. These brave men and women, as well as their families, deserve to know that we appreciate
all of the sacrifices they are making for this country; and
WHEREAS Alexandra McGregor, a student at Waterford Kettering High School, has initiated a
Candlelight Recognition to Support Our Troops at Waterford Kettering on March 26, 2006. It is the
ultimate goal of Alexandra McGregor to get our whole nation to observe five minutes of silence at 6:00
p.m., Eastern Standard Time, in honor and appreciation of our American soldiers currently serving around
the world. Alexandra also encourages state and local governments to proclaim March 26th as Support
Our Troops Day. Furthermore, it is her hope that March 26th could be officially established by the
Federal Government as Support Our Troops Day.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, with thanks
and recognition for our active-duty armed forces, wholeheartedly proclaims March 26, 2006, to be
Support Our Troops Day in Oakland County.
BE IT FURTHER RESOLVED that residents of Oakland County are respectfully requested to pause for
five minutes at 6:00 p.m. on March 26, 2006, to reflect with grateful hearts on the sacrifices being made
by our servicemen and women in order to preserve our freedom and our way of life.
Commissioners Minutes Continued. February 2, 2006
79
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages schools,
churches, associations, and local governments to organize and promote ceremonies on March 26th, in
observance of Support Our Troops Day.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges other counties,
local governments and the State of Michigan to proclaim March 26th as Support Our Troops Day.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners also urges the United
States Government to officially declare March 26th as National Support Our Troops Day.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Waterford Kettering High School, the Governor of the State of Michigan, the
Oakland County delegation to the Michigan Legislature, the President of the United States, the Oakland
County delegation to the United States House and Senate, the Michigan Association of Counties, the
National Association of Counties, and the Oakland County Lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
EILEEN KOWALL, BILL BULLARD, ERIC
COLEMAN, DAVID COULTER, HUGH
CRAWFORD, SUE ANN DOUGLAS, MARCIA
GERSHENSON, VINCENT GREGORY,
MATTIE HATCHETT, GREG JAMIAN,
CHRISTINE LONG, TIM MELTON, THOMAS
MIDDLETON, WILLIAM MOLNAR, CHUCK
MOSS, JIM NASH, CHARLES PALMER,
WILLIAM PATTERSON, JEFF POTTER, MIKE
ROGERS, JOHN SCOTT, GEORGE SUAREZ,
ERIC WILSON, DAVID WOODWARD,
HELAINE ZACK
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #06028
BY: John Scott, District #5; Christine Long, District #7
IN RE: BOARD OF COMMISSIONERS – AMEND MISCELLANEOUS RESOLUTION #05048 -
PERSONNEL APPEAL BOARD UPDATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the adopted Oakland County Merit System Rules and Miscellaneous Resolution #4606
provides that "the Personnel Appeal Board shall act as the final County appeal body in matters of
dismissals, suspensions, demotions, and disciplinary actions involving covered County employees and
departments"; and
WHEREAS the appeal process is to provide for the scheduling of a hearing within a reasonable length of
time after the receipt of the appeal; and
WHEREAS Miscellaneous Resolution #05048 was adopted in response to the backlog of cases before
the Personnel Appeal Board and required the Human Resources Department to provide detailed monthly
reports to the Personnel Committee on pending cases; and
WHEREAS additional hearing dates continue to be scheduled to address the backlog of cases.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
amends Miscellaneous Resolution #05048 to require the Human Resources Department provide biannual
reports to the Personnel Committee on the number of cases pending before the Personnel Appeal Board;
how many sessions were held in the prior six months; how many cases were heard; and for each case
that was heard and/or is pending - the date the request for a hearing was initially received.
Chairperson, we move the adoption of the foregoing resolution.
JOHN SCOTT, GREG JAMIAN, CHRISTINE
LONG, CHUCK MOSS, BILL BULLARD,
WILLIAM PATTERSON, WILLIAM MOLNAR,
JEFF POTTER, ERIC WILSON
The Chairperson referred the resolution to the Personnel Committee. There were no objections.
Commissioners Minutes Continued. February 2, 2006
80
The Board adjourned at 10:05 a.m. to the call of the Chair, or March 9, 2006, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson