HomeMy WebLinkAboutMinutes - 2006.10.05 - 8398394
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
October 5, 2006
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:35 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian,
Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott,
Suarez, Wilson, Woodward, Zack. (24)
EXCUSED ABSENCE WITH NOTICE: None. (0)
EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1)
Quorum present.
Invocation given by Greg Jamian.
Pledge of Allegiance to the Flag.
Moved by Suarez supported by Long the minutes of the September 18, 2006 Board Meeting be
approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Suarez supported by Long the minutes of the September 21, 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. Department of Management and Budget/Purchasing Division Request Renewal of Contract
with Coates Communication Consulting.
(Reason for Suspension of Finance Committee, Item a.: Waiver of Rule III Personnel meeting held
immediately prior to the Board meeting.)
Commissioners Minutes Continued. October 5, 2006
395
PLANNING AND BUILDING COMMITTEE
a. Miscellaneous Resolution #06184 Oakland County Drain Commissioner and Department of
Facilities Management – Conveyance of County Owned Property to the City of Rochester
Hills, Tax Parcel Nos. 15-13-476-007, 15-25-202-038, 15-26-451-032, 15-32-426-014, 15-35-
100-045 and 15-35-476-004.
(Reason for Suspension of Planning and Building Committee, Item a.: Waiver of Rule XI.D.7 Appendix C
1 (4) – Limited Use Parcels. (Non-conforming))
PUBLIC SERVICES COMMITTEE
a. Miscellaneous Resolution #06185 – Sheriff’s Office – Contract Amendment #3 for Law
Enforcement Services in the Charter Township of Oxford 2004-2008.
(Reason for Suspension of Public Services Committee, Item a.: Waiver of Rule III Personnel meeting
held immediately prior to the Board meeting.)
Moved by Kowall supported by Coulter the agenda be further amended to move Public Services
Committee, Item (a) – SHERIFF’S OFFICE – CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT
SERVICES IN THE CHARTER TOWNSHIP OF OXFORD 2004-2008 on the Consent Agenda to Public
Services Committee, Item (a) on the Regular Agenda.
Vote on agenda, as amended:
AYES: Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall,
Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Wilson, Woodward, Zack. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and amend the agenda
carried. The agenda, as amended, was approved.
Chairperson Bill Bullard, Jr. along with Commissioners Greg Jamian, Chuck Moss, and Marcia
Gershenson presented a proclamation to the Honorable Judge Nanci J. Grant honoring her for being
awarded the Headliner Award by the Women of Wayne, the Alumni Association of Wayne State
University, and has the distinction of being recently selected to serve on the Michigan Judicial Tenure
Commission by her peers. She currently serves as president of the Michigan Judges Association. The
Oakland County Commissioners join the citizens of Oakland County in honoring the Honorable Judge
Nanci J. Grant on her many accomplishments and thank her for her distinguished years of service and for
her tremendous leadership.
Chairperson Bill Bullard, Jr. took the honor of introducing the Honorable Judge Nanci J. Grant’s family in
attendance. The Honorable Judge Nanci J. Grant addressed the Board.
The following people addressed the Board: Allan Meltzer and the Honorable Judge Barry Grant.
Moved by Rogers supported by Gregory the resolutions (with fiscal notes attached) on the Consent
Agenda, be adopted. (The vote on this motion appears on page 398.) The resolutions on the Consent
Agenda follow (annotated by an asterisk {*}).
Commissioners Minutes Continued. October 5, 2006
396
*MISCELLANEOUS RESOLUTION #06184
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: OAKLAND COUNTY DRAIN COMMISSIONER AND DEPARTMENT OF FACILITIES
MANAGEMENT - CONVEYANCE OF COUNTY OWNED PROPERTY TO THE CITY OF ROCHESTER
HILLS, TAX PARCEL NOS. 15-13-476-007, 15-25-202-038, 15-26-451-032, 15-32-426-014, 15-35-100-
045 and 15-35-476-004
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of parcel nos. 15-13-476-007, 15-25-202-038, 15-26-451-
032, 15-32-426-014, 15-35-100-045 and 15-35-476-004 located in the City of Rochester Hills, Oakland
County, described as: See Attached Exhibit “A”; and
WHEREAS the subject parcels were acquired beginning in 1973 by the former Oakland County
Department of Public Works and subsequently the Oakland County Drain Commissioner for the purpose
of constructing water and sanitary sewer facilities in the City of Rochester Hills; and
WHEREAS the City of Rochester Hills as owner and operator of its water and sanitary sewer systems has
requested that the subject parcels be conveyed to the City; and
WHEREAS the Drain Commissioner has been reimbursed all acquisition, construction and bonding
expenses by the City of Rochester Hills; and
WHEREAS the departments of the Oakland County Drain Commissioner and Facilities Management have
no objections to the conveyance; and
WHEREAS all necessary documentation has been prepared and/or reviewed by Oakland County
Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that given the special and unique circumstances related to the
original acquisition and subsequent use of the subject property and in consideration of the health, safety
and welfare value that such conveyance will afford the citizens of the City of Rochester Hills, the Oakland
County Board of Commissioners hereby waive the Provisions of Board Rule XI, D, 7 (Appendix C) and
approve the conveyance of the above described parcels 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 his designee to execute the necessary property transfer documents.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Exhibit “A” on file in County Clerk’s office.
FISCAL NOTE (MISC. #06184)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: OAKLAND COUNTY DRAIN COMMISSIONER AND DEPARTMENT OF FACILITIES
MANAGEMENT – CONVEYANCE OF COUNTY OWNED PROPERTY TO THE CITY OF ROCHESTER
HILLS, TAX PARCEL NOS. 15-13-476-007, 15-25-202-038, 15-26-451-032, 15-32-426-014, 15-35-100-
045 AND 15-35-476-004
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution approves the conveyance of the above described County-owned Tax
Parcels to the City of Rochester Hills for the sum of $1 and waives Provision of Board
Rule XI, D, 7 (Appendix C) regarding procedures for the sale, purchase and leasing of
property.
2. The parcels were originally acquired by the former Oakland County Department of Public
Works and subsequently the Oakland County Drain Commissioner for the purpose of
constructing water and sanitary sewer facilities in the City of Rochester Hills.
3. The City of Rochester Hills as owner and operator of its water and sanitary sewer
systems has requested the parcels be conveyed to the City.
Commissioners Minutes Continued. October 5, 2006
397
4. The Drain Commissioner has been reimbursed by the City for all acquisition,
construction, and bonding expenses.
5. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 398.)
*MISCELLANEOUS RESOLUTION #06189
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (OPENINGS PROJECT) – CITY OF
PONTIAC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions
of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen
and revitalize the County's economy and to encourage the location and expansion of such enterprises to
provide needed services and facilities to the County and its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of
1974, as amended (the "Act") provides a means for the encouragement of such projects in this County
through the County's Economic Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project
(Openings Project) and has designated to this Board of Commissioners a Project Area and Project District
Area for its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies
and approves the Project Area as designated by the EDC.
BE IT FURTHER RESOLVED that it having been determined that the territory surrounding said
designated Project Area will not be significantly affected by the Project because the surrounding territory
is devoted to commercial/industrial uses, a Project District Area having the same description as and
boundaries coterminous with the Project Area herein certified as approved be hereby established.
BE IT FURTHER RESOLVED that it having been determined that there are less than eighteen residents,
real property owners, or representatives of establishments located within the Project District Area, a
Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 398.)
*MISCELLANEOUS RESOLUTION #06190
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (OPENINGS PROJECT) - CITY OF
PONTIAC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The
Economic Development Corporation of the County of Oakland designating a Project Area and Project
District Area for a project (Openings Project) under the Economic Development Corporations Act, Act No.
338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland
of two additional directors to the Board of said Economic Development Corporation in connection with
said Project, in accordance with Section 4(2) of the Act.
Commissioners Minutes Continued. October 5, 2006
398
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
appointments of Sandy McDonald and Khalfani Stephens, who are representative of neighborhood
residents and business interests likely to be affected by said Project, to the Board of Directors of The
Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with
Section 4(2) of the Act, and such additional Directors shall cease to serve when the Project is either
abandoned or, if undertaken, is completed in accordance with the Project Plan therefore.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby
repealed, but only to the extent of such conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Assistant Secretary of the Board of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Vote on Resolutions on the Consent Agenda:
AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long,
Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Wilson, Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda, were adopted.
REPORT (MISC. #06191)
BY: Personnel Committee, Gregory C. Jamian, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/PURCHASING DIVISION - REQUEST
RENEWAL OF CONTRACT WITH COATES COMMUNICATION CONSULTING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed the above referenced Resolution on October 5, 2006 Reports
with the recommendation the resolution be amended as follows:
The 6th WHEREAS paragraph to read:
“WHEREAS the cost for this contract is estimated to be is not to exceed $75,000 on an annual basis,
and funding is included in the Radio Communications Fund Professional Services account; and
The Contract will be amended to read Coates Communication Consulting, LLC not “Patricia A. Coates”.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #06191
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/PURCHASING DIVISION – REQUEST
RENEWAL OF CONTRACT WITH COATES COMMUNICATION CONSULTING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has implemented a $40 million emergency radio communications system for
approximately 80 police, fire, and EMS agencies within the County; and
WHEREAS Patricia Coates has functioned as project manager since the start of this project negotiating
with local units of government to secure sites and cooperation for the building of 36 communication
towers , as well as other management duties; and
WHEREAS upon Ms. Coates 1,000 hour service limit expired Fiscal Year 2004, she formed Coates
Communication Consulting, LLC to provide consulting services to various entities; and
WHEREAS the County has contracted with Coates Communication Consulting, LLC because of her
expertise in the field and her extensive experience with this particular project to provide the required
project management service and operational support; and
Commissioners Minutes Continued. October 5, 2006
399
WHEREAS the County contract with Coates Communication Consulting, LLC is set to expire in Fiscal
Year 2007 and Oakland County is requesting renewal of contract with Coates Communication Consulting,
LLC for continued implementation and support of the emergency radio communication system through
July 31, 2007; and
WHEREAS the cost for this contract is estimated to be $75,000 on an annual basis, and funding is
included in the Radio Communications Fund Professional Services account; and
WHEREAS Miscellaneous Resolution #93300 adopted December 9, 1993 requires that professional
service contracts between the county and former employees requires approval by the Board of
Commissioners; and
WHEREAS although this contract is with Coates Communication Consulting, LLC, a former county
employee is the sole proprietor of the contracted firm, Board of Commissioner approval is thus requested
for renewal of contract with the County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
renewal of the professional services contract between the County and Coates Communication
Consulting, LLC to continue facilitation of the emergency radio communications system through
July 31, 2007.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Miscellaneous Resolution #93300 – PERSONNEL DEPARTMENT – PROFESSIONAL
SERVICES CONTRACTS WITH FORMER COUNTY EMPLOYEES on file in County Clerk’s office.
Moved by Moss supported by Rogers the resolution be adopted.
Moved by Moss supported by Rogers the Personnel Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Moss supported by Rogers the resolution be amended to coincide with the recommendation
in the Personnel Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Crawford, Douglas, Gershensen, Gregory, Hatchett, Jamian, Kowall, Long, Melton,
Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard, Coulter.
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #06192
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - EXTENSION OF ADDITIONAL
COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolutions #05185, #04195, #03183, #02136 and #99155 authorized
additional compensation for overtime exempt employees in the Information Technology Department at a
straight-time hourly rate for all hours worked beyond 48 hours in a workweek for specific, pre-approved
assignments; and
WHEREAS the Human Resource Department initially developed and proposed this approach in response
to the occasional, identified need of the Information Technology Department to address a particular
technical project or problem; and
Commissioners Minutes Continued. October 5, 2006
400
WHEREAS the Human Resource Department has assessed the value and cost of this program and found
it provides the Director of Information Technology with an effective management tool which is cost and
project effective compared to other alternatives such as contracted staff; and
WHEREAS updated usage statistics of Additional Compensation for Overtime Exempt Employees is
provided to the Board of Commissioners in each Information Technology Master Plan Quarterly Status
report; and
WHEREAS Miscellaneous Resolution #05185 required that this additional compensation provision be
subject to review and evaluation for continuation by the Board of Commissioners after one year.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes, for one year, Fiscal
Year 2007, additional compensation for overtime exempt employees in the Information Technology
Department (excluding Managers and the Director) at a straight-time hourly rate for all hours worked
beyond 48 hours in a workweek (hours worked beyond 48 in a workweek must be pre-approved by
supervision in order to be compensable) for specific pre-approved assignments.
BE IT FURTHER RESOLVED that Information Technology will continue to report on the usage of
additional compensation for overtime exempt employees in the Master Plan Quarterly Status document.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Personnel Committee and Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #06193
BY: General Government, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPROVE CREATION OF ONE (1) ADDITIONAL CIRCUIT
JUDGESHIP EFFECTIVE JANUARY 1, 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Supreme Court is responsible for making recommendations to the Legislature regarding
the number of judges in the state’s trial courts to reflect changes in judicial activity (Constitution 1963, art.
6, §11); and
WHEREAS the State Court Administrative Office, in its Judicial Resources Recommendations report
issued in October 2005, has determined that the 6th Judicial Circuit Court is more than three judges
understaffed; and
WHEREAS the State Court Administrative Office recommended an increase of one circuit judgeship in
2007 and an increase of one circuit judgeship in 2009; and
WHEREAS the Circuit Court has requested an increase of one circuit judgeship in 2009, consistent with
the recommendation of the State Court Administrative Office; and
WHEREAS the creation of a new judgeship requires statutory authorization and approval by the local
government that funds the court (MCL 600.550(1); and
WHEREAS the total annual compensation for circuit judges is paid by the State of Michigan; and
WHEREAS requests for support personnel corresponding to the new judgeship in 2009 will be included
as part of the Fiscal Year 2009-2010 Biennial budget process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
creation of one new judgeship in the 6th Judicial Circuit Court to be filled by election in 2008 for a judicial
term of office beginning on January 1, 2009.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners agrees to provide and
maintain facilities, personnel and operating costs to support the new judgeship in accordance with the
statutes of the State of Michigan, the Michigan Court Rules, and the Michigan Constitution.
BE IT FURTHER RESOLVED that a copy of this resolution shall be filed with the State Court
Administrator.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. October 5, 2006
401
Copy of letter from the Honorable Wendy Potts Chief Circuit Court Judge, Michigan Supreme Court State
Court Administrative Office Judicial Resources Recommendations October 2005, Comparison of New
Filings and Reopened Cases, and Circuit Court Workload Analysis on file in County Clerks office.
Moved by Wilson supported by Crawford the resolution be adopted.
Moved by Wilson supported by Crawford the resolution be amended in the first BE IT FURTHER
RESOLVED paragraph to read as follows:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners agrees to
provide and maintain facilities, personnel and operating costs to support the new judgeship in
accordance with the statutes of the State of Michigan, the Michigan Court Rules, and the
Michigan Constitution, and Oakland County’s General Appropriations Act.
Discussion followed.
Moved by Coulter supported by Woodward to refer the resolution back to the Finance Committee and the
Public Services Committee.
Vice Chairperson Hugh Crawford assumed the Chair to allow Chairperson Bill Bullard, Jr. to address the
Board on Miscellaneous Resolution #06193 – BOARD OF COMMISSIONERS – APPROVE CREATION
OF ONE (1) ADDITIONAL CIRCUIT JUDGESHIP EFFECTIVE JANUARY 1, 2009 and Commissioner
Coulter’s motion to refer the resolution to the Finance Committee and the Public Services Committee.
Chairperson Bill Bullard, Jr. assumed the Chair from Vice Chairperson Hugh Crawford.
Discussion followed.
Chairperson Bill Bullard, Jr. asked Commissioner Eric Wilson to temporarily withdraw his amendment to
allow the Board to focus on Commissioner Coulter’s motion.
Commissioner Wilson temporarily withdrew his amendment.
Discussion followed.
Vote on Coulter’s motion to refer:
AYES: Gershenson, Gregory, Melton, Nash, Woodward, Zack, Coulter. (7)
NAYS: Douglas, Hatchett, Jamian, Kowall, Long, Middleton, Molnar, Moss, Palmer, Patterson,
Potter, Rogers, Scott, Suarez, Wilson, Bullard, Crawford. (17)
A sufficient majority not having voted in favor, the motion to refer the resolution back to the Finance
Committee and the Public Services Committee failed.
Commissioner Wilson with the support of Commissioner Crawford reintroduced his amendment to the
Board.
Vote on Wilson’s amendment:
AYES: Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss,
Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard,
Coulter, Crawford, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Commissioners Minutes Continued. October 5, 2006
402
Vote on resolution, as amended:
AYES: Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash,
Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Zack, Bullard, Crawford, Douglas,
Gershenson. (22)
NAYS: Woodward, Coulter. (2)
A sufficient having voted in favor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #06194
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF LEASE
AGREEMENT WITH NATIONAL CITY BANK FOR PLACEMENT OF AN AUTOMATED TELLER
MACHINE IN THE OAKLAND COUNTY COURTHOUSE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS beginning in 1996 Oakland County Administration entered into a license agreement with First
of America Bank now known as National City Bank to provide an automated teller machine in the lower
level lobby of the Oakland County Courthouse for the convenience and benefit of the public; and
WHEREAS said license agreement expired on March 13, 2006; and
WHEREAS the Department of Facilities Management with the assistance of Oakland County Corporation
Counsel have negotiated the terms and conditions of the attached ATM Lease Agreement; and
WHEREAS under the terms and conditions of the attached ATM Lease Agreement, the County of
Oakland will provide sufficient space, electricity and one telephone line and in return National City Bank
will provide a no fee use ATM machine for the convenience and benefit of the public in the lower level
lobby of the Oakland County Courthouse for a term of five years commencing March 13, 2006 at a rental
rate of $1.00 per year; and
WHEREAS it is the recommendation of the Department of Facilities Management that the Oakland
County Board of Commissioners accept and approve the terms and conditions of the attached ATM
Lease Agreement; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached ATM Lease Agreement for placement of an automated teller machine in the
Oakland County Courthouse.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached ATM Lease Agreement and all other related
documents between the County of Oakland and National City Bank, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of ATM Lease Agreement on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #06185)
BY: Personnel Committee, Gregory C. Jamian, Chairperson
IN RE: SHERIFF'S OFFICE – CONTRACT AMENDMENT #3 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 #06185 on October 5, 2006
Commissioners Minutes Continued. October 5, 2006
403
Reports with the recommendation the resolution be amended as follows:
Add a BE IT FURTHER RESOLVED paragraph
“BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes
its Chairperson or his designee to execute and enter into this Agreement on behalf of the
County of Oakland.”
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #06185
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #3 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 Office 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) Deputy II (no-fill) bringing the new total of contracted
positions to fifteen (15); and
WHEREAS the Sheriff has agreed to delete one (1) Deputy II (no-fill) 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) Deputy II (no-fill) position in accordance with the Oakland County Sheriff's Department
2004-2008 Law Enforcement Services Agreement with the Charter Township of Oxford.
BE IT FURTHER RESOLVED that one Deputy II position (#4030626-09452) be deleted effective
October 7, 2006.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Schedule A, A-1, and Amendment 3 on file in the County Clerk’s office.
FISCAL NOTE (MISC. #06185)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #3 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 has requested an amendment to the contract between
the Charter Township of Oxford and the Oakland County Sheriff for law enforcement
services beginning October 7, 2006.
2. The amendment deletes one (1) Deputy II position (#09452) in the Contracted Patrol
Unit, Patrol Services Division, of the Sheriff’s Office.
3. Operating revenues and expenses will be reduced by $98,186 for Fiscal Year 2007 and
$102,061 for Fiscal Year 2008.
4. The marked vehicle (including radio, MDC and video camera) associated with this
position will remain in the county fleet and be used as a loaner vehicle.
Commissioners Minutes Continued. October 5, 2006
404
5. A budget amendment to the Fiscal Year 2007 and Fiscal Year 2008 budget is
recommended as follows:
FY 2007 FY 2008
GENERAL FUND #10100
Revenue
4030601-110000-632093 Sheriff Spec. Deputies ($ 98,186) ($102,061)
Total General Fund Revenue ($ 98,186) ($102,061)
Expenditures
4030601-116180-702010-40140 Salaries Regular ($ 60,994) ($ 62,824)
4030601-116180-722740-40140 Fringe Benefits ($ 30,824) ($ 32,678)
4030201-112580-750070 Deputy Supplies ($ 358) ($ 369)
4030201-112580-750581 Uniforms ($ 506) ($ 521)
4030601-110000-774677 Insurance Fund ($ 939) ($ 967)
4030510-116230-712020 Dispatch OT ($ 4,565) ($ 4,702)
Total General Fund Expenses ($ 98,186) ($102,061)
FINANCE COMMITTEE
Moved by Potter supported by Gregory the resolution (with fiscal note attached) be adopted.
Moved by Potter supported by Gregory the Personnel Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Potter supported by Gregory the resolution be amended to coincide with the recommendation
in the Personnel Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer,
Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford,
Douglas, Gershenson, Gregory. (24)
NAYS: None. (0)
A sufficient majority having voted favor, the resolution (with fiscal note attached), as amended, was
adopted.
MISCELLANEOUS RESOLUTION #06195
BY: Commissioner David T. Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR OAKLAND COUNTY’S ANTI-BULLYING
PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS according to the National Crime Prevention Council, six out of 10 American teens witness
bullying at least once a day; and
WHEREAS according to the National Youth Violence Prevention Resource Center, almost 30% of youth
in the United States are estimated to be involved in bullying as either the bully, a target of bullying, or
both; and
WHEREAS research in the Journal of the American Medical Association suggests that one out of every
three students in grades 6 through 10 have been involved in a bullying incident; and
WHEREAS teen bullying is often a warning sign that children and teens are heading for trouble and are at
risk for serious violence. Teens who bully are more likely to engage in other delinquent behavior (e.g.,
vandalism, shoplifting, truancy, and drug use) into adulthood; and
WHEREAS according to the Center for Disease Control, bullies are four times more likely than nonbullies
to be convicted of crimes by age 24; and
Commissioners Minutes Continued. October 5, 2006
405
WHEREAS harassment and bullying have been linked to 75 percent of school-shooting incidents,
according to the U.S. Secret Service Report, May 2002; and
WHEREAS rigorous evaluations of school violence prevention programs commissioned by Congress, the
U.S. Departments of Education and Justice, and the U.S. Surgeon General have all found prevention of
bullying to be among the most effective programs for reducing school violence; and
WHEREAS according to Oakland Schools, bullying is the most frequently occurring form of violence in
schools; and
WHEREAS in the wake of the 1999 Columbine High School shooting tragedy in Colorado, Oakland
County Prosecutor David Gorcyca launched a very successful anti-bullying program entitled the School
Violence Prevention Program; and
WHEREAS funding for the anti-bullying program provided for a full-time social worker who taught
teaching faculty and students at area schools to appropriately deal with bullying; and
WHEREAS the Juvenile Accountability Block Grant (JABG) which previously provided partial funding for
the Special Revenue Social Worker I (Position 41101-09819) in the Prosecuting Attorney’s Office. The
position was sunset on December 24, 2005; and
WHEREAS the anti-bullying program helped teach more than 47,000 students about bullying and conflict
resolution in 135 schools; and
WHEREAS in schools where the program was implemented, administrators noticed a decline of 20 to 30
percent in behavioral problem and disciplinary issues; and
WHEREAS the county’s anti-bullying program was forced to end at the beginning of 2006 due to a cut in
federal funding.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners express strong
support for promoting anti-bullying programs in Oakland County to improve the safety of young people
and reduce school violence.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby approves a
budget amendment in the amount $70,000 for the Prosecuting Attorney’s School Violence program,
including the reinstatement of the Special Revenue Social Worker position (Position 41101-09819).
BE IT FURTHER RESOLVED that Management and Budget is directed to process this budget
amendment and transfer the funds from the General Fund – Grant Match to the appropriate Prosecuting
Attorney line item.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Executive and Oakland County Prosecutor.
Chairperson, we move the adoption of the foregoing Resolution.
DAVID WOODWARD, MARCIA
GERSHENSON, HELAINE ZACK, JIM NASH,
VINCENT GREGORY, DAVID COULTER, TIM
MELTON, MATTIE HATCHETT, GEORGE
SUAREZ
The Chairperson referred the resolution to the Public Services Committee. There were no objections.
MISCELLANEOUS RESOLUTION #06196
BY: Commissioners David T. Woodward, District #18 and Helaine Zack, District #22
IN RE: BOARD OF COMMISSIONERS - COURT EQUITY FUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Court Equity Fund was established by statute (MCL 600.151b) and became effective
October 1, 1996. Numerous court fees are deposited into the State Court Fund, with a majority of that
revenue flowing through to the Court Equity Fund. The Court Equity Fund also receives some additional
sources of court revenue and a significant amount of state general fund dollars; and
WHEREAS Oakland County’s District Courts contribute to the Court Equity fund in two ways: (1) direct
contributions to the Court Equity Fund from the $4.25 that is collected on every criminal and civil
judgment and (2) contributions to the State Court Fund, wherein 80% of these contributions are passed
through to the Court Equity Fund; and
WHEREAS the State of Michigan’s District Courts are divided into 3 classifications: 1st Class District
Courts that consist of 1 or more counties in which each county is responsible for funding the district court;
2nd Class District Courts that consist of a group of political subdivisions within the county and the county
Commissioners Minutes Continued. October 5, 2006
406
is responsible for funding the district court; and 3rd Class District Courts that consist of 1 or more political
subdivisions within the county and each political subdivision is responsible for funding the district court;
and
WHEREAS the complex statutory formula for distribution of the Court Equity fund involves two factors: the
caseload activity of the local Circuit and Probate Courts and the number of circuit, probate and district
court judgeships allocated to each county; and
WHEREAS, Oakland County includes the 3rd Class District Court judgeships for purposes of receiving
Court Equity Funds, but excludes 3rd Class District Courts from the distribution of those funds; and
WHEREAS Oakland County has only 2nd and 3rd Class District Courts. 2nd Class District Courts were
initially located in areas with low density population and were therefore unable to support their own courts
due to smaller caseloads from which little revenue was generated. These 2nd Class District Courts have
now grown and currently are located in the developed communities of Clarkston, Novi, Rochester and
Troy; and
WHEREAS Oakland County’s 2nd Class 52nd District Courts have the added advantage of receiving
funding from the Oakland County General Fund and the Court Equity Fund, to subsidize their court
operations; and
WHEREAS the local communities of the 52nd District Courts receive revenue generated from their local
District Courts and have no responsibility to contribute any revenue to court operating costs; and
WHEREAS Oakland County’s 3rd Class non-52nd District Courts, located in Berkley, Bloomfield Hills,
Farmington, Ferndale, Hazel Park, Madison Heights, Oak Park, Pontiac, Royal Oak, Southfield and
Waterford Township, also contribute to the Court Equity Fund; and
WHEREAS in Fiscal Year 1998/1999, Oakland County District Courts contributed $2.5 million to the Court
Equity Fund of which $1.57 million (63%) was contributed by non-52nd District Courts and $927,686 (37%)
was contributed by the 52nd District Courts.
WHEREAS Oakland County receives nearly $6.5 million annually from the Court Equity Fund, none of
which is made available to fund non-52nd District Courts. The burden of operating the non-52nd District
Courts falls exclusively upon the local taxpayers; and
WHEREAS a serious inequity occurs when the non-52nd District Courts do not benefit from receiving
Court Equity Fund disbursements. The taxpayers within the non-52nd District Court communities are
adversely affected; and
WHEREAS there is no legal impediment to prevent Oakland County from disbursing a portion of the
Court Equity Fund to the 3rd Class communities; and
WHEREAS alternative distribution formulas must be explored that would at least minimize the inequity
that the present method of funding courts has upon the residents, courts and communities serviced by
Oakland County’s non-52nd District Courts.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
support a Court Equity Fund distribution formula that incorporates funding for the Oakland County 3rd
Class District Courts; and
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby authorize
the Department of Management and Budget, Fiscal Services Division to annually apportion an amount
equal to twenty-five (25%) percent of the Court Equity Fund that is to be distributed to Oakland County’s
3rd Class District Courts on a pro rata basis based on caseload (excluding parking), to supplement the
District Court budget.
BE IT FURTHER RESOLVED that the Oakland County Clerk forward copies of this adopted resolution to
Oakland County’s 3rd Class non 52nd District Courts.
DAVID WOODWARD, HELAINE ZACK,
VINCENT GREGORY, GEORGE SUAREZ, TIM
MELTON, MARCIA GERSHENSON, MATTIE
HATCHETT, JIM NASH, DAVID COULTER
The Chairperson referred the resolution to the Public Services Committee. There were no objections.
The Board adjourned at 10:16 a.m. to the call of the Chair or October 19, 2006, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson