HomeMy WebLinkAboutMinutes - 2007.07.19 - 8417303
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
July 19, 2007
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:33 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Suarez, Zack. (22)
EXCUSED ABSENCE WITH NOTICE: Coleman, Coulter. (2)
EXCUSED ABSENCE WITHOUT NOTICE: Woodward. (1)
Quorum present.
Invocation given by Bradford Jacobsen.
Pledge of Allegiance to the Flag.
Moved by Gregory supported by Rogers the minutes of the July 11, 2007, Board Meeting be approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Kowall supported by Crawford the rules be suspended and agenda be amended as follows:
ITEMS ON BOARD AGENDA
PERSONNEL COMMITTEE
a. Department of Management and Budget/Purchasing Division – Request Renewal of
Contract with Coates Communication Consulting
(Reason for Suspension of Personnel Committee, item a.: Waiver of Rule XII.C.2: Direct Referral to the
Finance Committee.)
GENERAL GOVERNMENT COMMITTEE
d. Miscellaneous Resolution #07148 – Parks and Recreation Commission – Amendment to
Red Oaks Golf Course Lease
e. Miscellaneous Resolution #07149 – Parks and Recreation Commission – Amendment to
Red Oaks Water Park Lease
(Reason for Suspension of General Government Committee, items d and e.: Waiver of Rule III: Planning
and Building Committee meeting held immediately prior to today’s Board meeting.)
Also, remove Personnel Committee, item b: Miscellaneous Resolution #07150 – Human Resources –
Fiscal Year 2007-2008 Wage and Benefit Reopener and Collective Bargaining Agreement Extension for
Employees Represented by AFSCME Council 25 from the Consent Agenda to the Regular Agenda, and
postpone the Report under item ten (10) Reports of Special Committees – Prevention of the Sexual
Exploitation of Children Taskforce Report to the Board due to Taskforce Member Commissioner
Coleman’s excused absence.
Commissioners Minutes Continued. July 19, 2007
304
Vote on agenda, as amended:
AYES: Bullard, Burns, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez,
Zack. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
The Honorable Judge Edward Sosnick gave a presentation on behalf of the Juvenile Drug Court and
acknowledged Emily Weir as one of the graduates of the Options program established in the Juvenile
Drug Court. Emily Weir addressed the Board. Gary Weir, Emily’s father, also addressed the Board. The
Honorable Judge Edward Sosnick presented an award to Emily Weir on behalf of her graduation.
Commissioner Helaine Zack addressed the Board and gave an overview of the Oakland County
Community Mental Health Authority Jail Diversion Program and introduced Jennifer Shields, Jail
Diversion Specialist, who addressed the Board and presented the Jail Diversion Update of Mentally Ill.
The following person addressed the Board: Michelle Smith, Michigan Senior Olympics.
Moved by Potts supported by Zack the resolutions (with fiscal notes attached) on the amended Consent
Agenda, be adopted (with accompanying reports being accepted). (The vote for this motion appears on
page 314.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #07158
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: BOARD OF COMMISSIONERS – NOTICE TO VILLAGE OF HOLLY REGARDING OAKLAND
COUNTY’S DETERMINATION TO EXEMPT ITS AD VALORUM PROPERTY TAXES FROM CAPTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners supports the economic growth of Oakland
County; and
WHEREAS among the tools used to promote this economic growth is Tax Increment Financing (TIF) in
the form of Downtown Development Authorities (DDAs), Local Development Finance Authorities (LDFAs),
and Corridor Improvement Authorities (CIAs); and
WHEREAS to review requests from the Cities, Villages, and Townships to establish DDAs, LDFAs, and
CIAs, the Board of Commissioners has, pursuant to Miscellaneous Resolution #99010, established the
Tax Increment Financing District Review Policy Ad Hoc Committee (Review Committee) to evaluate and
recommend to the Finance Committee on the County’s participation in these proposed Authorities; and
WHEREAS the Review Committee has promulgated protocols and performance standards for County
participation in these Authorities, and this Board of Commissioners has adopted these policies as
guidelines to assist the County in its review of a municipality’s plan; and
WHEREAS by letter dated May 15, 2007, the Village of Holly and the Holly DDA advised the Review
Committee that the DDA sought to incorporate the train depot located on S. Broad Street into the DDA
district, thereby expanding the boundary of the DDA; and
WHEREAS the Village of Holly and the DDA appeared before the Review Committee on June 14, 2007,
to present the planned incorporation of the train depot into the DDA district; and
WHEREAS the public hearing for the proposed expansion is scheduled to be held on June 26, 2007; and
WHEREAS due to the timing of the public hearing, the County Board of Commissioners meeting
schedule, and the 60-day statutory timeframe within which a taxing jurisdiction, in this case the County,
must act, this Board has determined to exempt any County Ad Valorum property taxes from capture; and
WHEREAS if it is established that the property proposed for inclusion in the above-referenced DDA
expansion is exempt from taxation, this Board understands that the expansion may have no impact on
potential tax revenues and no financial impact regarding loss of tax revenues to Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
exempts County Ad Valorum property taxes from capture by the proposed expanded DDA.
Commissioners Minutes Continued. July 19, 2007
305
BE IT FURTHER RESOLVED that if the affected parcels included in the proposed expansion are
determined to be tax exempt and that tax exempt status changes in the future, the Village and the DDA
must appear before the Review Committee (or its successor) to allow the County the opportunity to “opt
out” of any tax capture as provided by law.
BE IT FURTHER RESOLVED that the County Clerk shall forward a copy of this resolution to the Clerk for
the Village of Holly.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 314.)
*MISCELLANEOUS RESOLUTION #07159
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: BOARD OF COMMISSIONERS – NOTICE TO CITY OF FERNDALE REGARDING OAKLAND
COUNTY’S DETERMINATION TO EXEMPT ITS AD VALORUM PROPERTY TAXES FROM CAPTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners supports the economic growth of Oakland
County; and
WHEREAS among the tools used to promote this economic growth is Tax Increment Financing (TIF) in
the form of Downtown Development Authorities (DDAs), Local Development Finance Authorities (LDFAs),
and Corridor Improvement Authorities (CIAs); and
WHEREAS to review requests from the Cities, Villages, and Townships to establish DDAs, LDFAs, and
CIAs, the Board of Commissioners has, pursuant to Miscellaneous Resolution #99010, established the
Tax Increment Financing District Review Policy Ad Hoc Committee (Review Committee) to evaluate and
recommend to the Finance Committee on the County’s participation in these proposed Authorities; and
WHEREAS the Review Committee has promulgated protocols and performance standards for County
participation in these Authorities, and this Board of Commissioners has adopted these policies as
guidelines to assist the County in its review of a municipality’s plan; and
WHEREAS the City of Ferndale held a public hearing on June 11, 2007, on a proposed expansion of the
Ferndale DDA boundaries; and
WHEREAS due to the timing of the City’s public hearing on the proposed expansion, the County Board of
Commissioners’ meeting schedule, and the 60-day statutory timeframe within which a taxing jurisdiction,
in this case the County, must act, the County Board has determined to exempt County Ad Valorum
property taxes from capture.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
exempts County Ad Valorum property taxes from capture by the DDA.
BE IT FURTHER RESOLVED that the County Clerk shall forward a copy of this resolution to the Clerk of
the City of Ferndale.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 314.)
*MISCELLANEOUS RESOLUTION #07160
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: CLAIMS REVIEW COMMITTEE – RECOMMENDATION FOR INCREASE IN FEES PAID TO
OUTSIDE COUNSEL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on June 14, 2007, the Claims Review Committee reviewed a request from the two law firms
that assist the Department of Corporation Counsel to manage certain litigated general liability cases
involving Oakland County; and
WHEREAS the two law firms, Law Offices of Potter, DeAgostino, O’Dea and Patterson, and Vandeveer
Garzia, requested a $20.00 per hour – from $120.00 to $140.00 per hour – increase in the fee paid to
outside counsel; and
Commissioners Minutes Continued. July 19, 2007
306
WHEREAS the hourly fee for outside counsel has not changed in more than four years; and
WHEREAS the two law firms through their principal attorneys, Steven Potter and John Lynch,
respectively, have longstanding relationships with the County and the Department of Corporation Counsel
and have repeatedly demonstrated their expertise in expeditiously managing the litigation assigned to
them; and
WHEREAS only the principal attorneys named above handle the County’s trial work; and
WHEREAS the requested hourly rate is reasonable and generally less than that paid by other
municipalities for similar legal services, as detailed on the attached Memorandum from Corporation
Counsel; and
WHEREAS funding is available in the Building and Liability Fund to cover the expense for these services.
NOW THEREFORE BE IT RESOLVED that, upon the unanimous recommendation of the Oakland
County Claims Review Committee, the Finance Committee hereby concurs that an hourly rate increase to
$140.00 per hour for outside counsel handling general liability claims and litigation involving Oakland
County is reasonable, appropriate, and consistent with rates paid by other municipalities.
BE IT FURTHER RESOLVED that the Board of Commissioners hereby establishes said rate effective
August 1, 2007, and that the funding for the increase to $140.00 per hour is available in the Building and
Liability Fund.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Memorandum – Claims Review Committee, Fees Paid to Outside Counsel on file in County
Clerk’s office.
(The vote for this motion appears on page 314.)
*REPORT (MISC. #07161)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT
– GRANT PROGRAM ACCEPTANCE – SOUND ATTENUATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on July 10, 2007,
reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #07161
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT –
GRANT PROGRAM ACCEPTANCE – SOUND ATTENUATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract
No. 2007-0619, Federal Project No. C-26-0079-4903, for Federal funds in the amount of $2,317,744, and
State funds in the amount of $128,763, for the development and improvement of Oakland County
International Airport; and
WHEREAS the project consists of sound attenuation; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and
WHEREAS the development project, as offered and approved by the Michigan Department of
Transportation, requires a local grant match of $128,764, which is available from the Airport fund; and
WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant
contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and
Commissioners Minutes Continued. July 19, 2007
307
WHEREAS no application was requested from Oakland County; therefore, the application provisions of
Miscellaneous Resolution #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant contract in an amount not to exceed $2,575,271, which includes a local grant match of $128,764,
which is available from the airport fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the grant contract.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Central Services/Aviation, Michigan Department of Transportation
County of Oakland Contract for a Federal/State/Local Airport Project under the Block Grant Program,
Exhibit 1 Oakland County International Airport Pontiac, Michigan C-26-0079-4903, Attachment 3
(Aeronautics) Supplemental Provisions for Federal/State/Local Contracts Involving Land Acquisition at All
Classifications of Airports, Appendix A Prohibition of Discrimination in State Contracts, Appendix B
(Aeronautics) Civil Rights Act of 1964, Title VI – 49 CFR Part 21 Contractual Requirements, Appendix C
Assurances that Recipients and Contractors Must Make (Excerpts from US DOT Regulation 49 CFR §
26.13), Appendix F Special Conditions, and Appendix G Prime Consultant Statement of DBE
Subconsultant Payments and Instructions on file in County Clerk’s office.
FISCAL NOTE (MISC. #07161)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT –
GRANT PROGRAM ACCEPTANCE – SOUND ATTENUATION
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. Oakland County has received Michigan Department of Transportation Grant Contract No.
2007-0619, Federal Project No. C-26-0079-4903, for Federal funds in the amount of
$2,317,744, State funds in the amount of $128,763 and a required local grant match of
$128,764 for the development and improvement of Oakland County International Airport.
2. The project consists of sound attenuation for 60 to 80 homes located north, east and
west of the airport as part of the airport’s noise mitigation program.
3. The Airport Committee has reviewed the project and recommends acceptance of the
grant contract.
4. The funding period of the grant is 36 months from the date of the award.
5. The total cost of the project is $2,575,271 with $2,317,744 of the cost from Federal funds,
$128,763 of the cost from State funds and $128,764 from the Airport fund resources for
the grant match.
6. The Michigan Department of Transportation shall act as agent on behalf of the County in
the administration of the project.
7. No General fund appropriation is required. Funding is available within the Airport fund.
FINANCE COMMITTEE
(The vote for this motion appears on page 314.)
Commissioners Minutes Continued. July 19, 2007
308
*MISCELLANEOUS RESOLUTION #07162
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – AREA AGENCY ON AGING 1-B FISCAL YEAR 2008
ANNUAL IMPLEMENTATION PLAN FOR SERVICES TO OLDER ADULTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Michigan, the Older Michiganians Act (Public Act 180 of 1981) authorizes the Michigan
Office of Services to the Aging to serve as the State unit on aging and specifies the powers and duties of
the State’s designated area agencies on aging; and
WHEREAS the Agency on Aging 1-B (AAA1-B) is a private nonprofit organization responsible for
planning, coordinating, and funding older adult services in Livingston, Macomb, Monroe, Oakland,
St. Clair and Washtenaw Counties; and
WHEREAS the Area Agency on Aging 1-B has been supporting services to Oakland County residents
since 1974; and
WHEREAS the Area Agency on Aging 1-B has assessed the needs of older county residents and
developed a plan to provide assistance that addresses identified needs; and
WHEREAS the proposed plan has been submitted for review by the public, and has been subjected to a
public hearing; and
WHEREAS the comments at the public hearings on the proposed plan were mostly favorable, and
constructive changes in the plan were made as a result of some comments; and
WHEREAS the Oakland County Board of Commissioners appoints two representatives to the AAA 1-B
Board of Directors, a County Commissioner and a county resident who is at least 60 years of age; and
WHEREAS the Michigan Office of Services requires that county Boards of Commissioners be given the
opportunity to review and approve an area agency on aging’s multi-year area plan and annual
implementation plan; and
WHEREAS the Oakland County Board of Commissioners has already taken action to approve the Area
Agency on Aging 1-B’s Multi-Year Area Plan for Fiscal Year 2007-2009 with the adoption of
Miscellaneous Resolution #06141. The Fiscal Year 2008 Annual Implementation Plan represents an
annual update to the approved three-year Area Plan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the Fiscal Year 2008 Annual Implementation Plan of the Area Agency on Aging 1-B for the
purpose of conveying such support to the Area Agency on Aging 1-B and the Michigan Office of Services
to the Aging.
BE IT FURTHER RESOLVED that the Oakland County Clerk forwards a copy of this adopted resolution
and minutes of the Board of Commissioners' meeting where such action was taken to the Area Agency on
Aging 1-B.
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 Fiscal Year 2008 Annual Implementation Plan on file in County
Clerk’s office.
(The vote for this motion appears on page 314.)
*MISCELLANEOUS RESOLUTION #07163
BY: Personnel Committee, Thomas Middleton, 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 is nearing the completion of the implementation of a $43 million emergency
radio communications system for approximately 80 police, fire and EMS agencies within the County; and
Commissioners Minutes Continued. July 19, 2007
309
WHEREAS Patricia Coates has functioned as project manager since the start of this project negotiating
with local units of government to secure tower sites and cooperation for the building of 36 communication
towers, has functioned as the County’s PSAP coordinator, served on numerous state emergency radio-
related committees established, as well as other management duties; and
WHEREAS Ms. Coates was a former County employee; and
WHEREAS upon Ms. Coates formed Coates Communication Consulting, LLC several years ago to
provide consulting services; 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
WHEREAS the County contract with Coates Communication Consulting, LLC is set to expire July 31,
2007; and
WHEREAS Oakland County is requesting renewal of contract with Coates Communication Consulting,
LLC for continued implementation, support of the emergency radio communication system and her
continued involvement in numerous State radio-related committees through July 31, 2009; and
WHEREAS the cost for this contract is not to exceed $125,000 on an annual basis, and funding is
included in the Radio Communications Fund Professional Services account; and
WHEREAS this contract is with Coates Communication Consulting, LLC, a former 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 with the County and Coates Communication Consulting,
LLC to continue facilitation of the emergency radio communications system through July 31, 2009.
Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Oakland County Department of Management and Budget Purchasing Division Contract Number:
#1663 on file in County Clerk’s office.
FISCAL NOTE (MISC. #07163)
BY: Finance Committee, Mike Rogers, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The resolution requests the Board of Commissioners to approve the contract renewal
between Oakland County and Coates Communication Consulting, LLC through July 31,
2009.
2. Per Miscellaneous Resolution #093300 requires that professional services contracts between
the county and former county employees must be approved by the Board of Commissioners.
3. Coates Communication Consulting, LLC will provide services including continued
implementation of new radio system, support of the radio communications system, and
continued involvement in numerous State radio-related committees.
4. Anticipated costs are not to exceed $125,000 annually which includes the amount of $61.50
per hour for the first year at a maximum of 2,000 billable hours and $63.00 per hour for
second year with the same maximum billable hours.
5. Funding has been included in the Radio Communications professional services expense in
the County Executive Recommended Fiscal Year 2008 and Fiscal Year 2009 budget;
therefore, a budget amendment is not recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 314.)
Commissioners Minutes Continued. July 19, 2007
310
*MISCELLANEOUS RESOLUTION #07164
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – COMMUNITY
AND HOME IMPROVEMENT DIVISION – 2007 ANNUAL ACTION PLAN AND CONSOLIDATED
GRANT ACCEPTANCE FOR CDBG, HOME AND ESG PROGRAMS AND 2006-2007 ANNUAL
ACTION PLAN AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners authorized submittal of the Oakland County
2007 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS the 2007 Annual Action Plan contains a consolidated Federal grant application for activities
designed to accomplish the goals and objectives for the Community Development Block Grant (CDBG)
Program, HOME Investment Partnerships (HOME) Program and the Emergency Shelter Grant (ESG)
Program; and
WHEREAS HUD, by letter dated May 31, 2007, transmitted to the Community and Home Improvement
Division a Program Year 2007 consolidated allocation of $5,664,470 including $3,892,687 for CDBG,
$1,567,651 for HOME, $35,414 for the HOME Program American Dream Downpayment Initiative (ADDI)
and $168,718 for ESG, for the period of May 1, 2007 through April 30, 2008; and
WHEREAS this is the thirty-third year of grant funding and acceptance for these programs; and
WHEREAS total program revenue for the 2007-2008 CDBG Program will be $5,717,147.90 including
$3,892,687 grant allocation, $1,500,000 in estimated CDBG Revolving Loan Funds and $324,460.90 in
Community Program Income; and
WHEREAS total program revenue for the 2007-2008 HOME Program will be $2,635,787 including
$1,567,651 HOME grant allocation, $352,722 grant match, $35,414 ADDI grant allocation and $680,000
in estimated HOME Program Income; and
WHEREAS funding for the HOME program match is appropriated in the Oakland County 2007 Adopted
Budget; and
WHEREAS total program revenue for the 2007-2008 ESG Program will be the grant allocation of
$168,718; and
WHEREAS the CDBG and ESG grants are 100 percent federally funded, and no County funds are
required; and
WHEREAS fund schedules and program descriptions for the 2007-2008 CDBG, HOME and ESG
programs appear in attachments A, B, C, D and E; and
WHEREAS the CDBG, HOME and ESG grant agreements have been reviewed by County Executive
Departments through the County grant process (MISC. #01320); and
WHEREAS acceptance of these grants does not obligate Oakland County to any future commitment; and
WHEREAS program budget amendments for 2007 CDBG Home Improvement Program Revolving Loan
Fund and HOME Program Income actual amounts will be requested by resolution in 2008 after
compilation of additional information and fiscal year closing; and
WHEREAS the 2006 Annual Action Plan and Consolidated Grant Acceptance for CDBG, HOME and
ESG (MISC. #06120) estimated Home Improvement Program Revolving Loan Fund revenue of
$1,500,000 and Home Investment Partnership Act Program Income revenue of $800,000; and
WHEREAS the Home Improvement Revolving Loan Fund generated $1,353,573.71, and the Home
Investment Partnership Act Program Income generated $710,128.79 in Program Year 2006.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
consolidated CDBG, HOME and ESG grant funding from the U.S. Department of Housing and Urban
Development in the amount of $5,664,470, $1,500,000 in estimated Home Improvement Revolving Loan
Funds, $324,460.90 in Community Program Income, $680,000 in estimated HOME Program Income and
HOME County match of $352,722 for a consolidated 2007 program year grant package totaling
$8,521,652.90.
BE IT FURTHER RESOLVED that the 2006 Annual Action Plan and Consolidated Grant Acceptance be
amended to reflect CDBG Home Improvement Revolving Loan Funds totaling $1,353,573.71 and Home
Investment Partnership Act Program Income totaling $710,128.79 in the program year period of May 1,
2006 through April 30, 2007.
Commissioners Minutes Continued. July 19, 2007
311
BE IT FURTHER RESOLVED that the Board of Commissioners approves the Emergency Shelter Grant
subject to the clarifications provided by HUD in the letter from Jeannette Harris, Director, Community
Planning and Development, Detroit Field Office, U.S. Department of Housing and Urban Development
dated March 20, 2007 that Oakland County's obligations under the grant for discharge policies and
participation in the HMIS System is to make these requirements for ESG funded entities. The letter from
Ms. Harris is attached and incorporated into this Agreement.
BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon
the level of Federal funding available for these programs.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the
Board of Commissioners Chairperson and the County Executive to execute the grant agreements and to
approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with
the agreement as originally approved.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant Review Sign Off – Community and Home Improvement Division, Email Regarding Grant-
Review – PY 2007 Annual Action Plan, Attachment A Comparison of Grant Application with Grant Award,
Attachment B Community Development Block Grant (CDBG) Program Description, Attachment C Home
Investment Partnerships Grant (HOME) Program Description, Attachment D Emergency Shelter Grant
(ESG) Program Description, Letters from Emerson Sherrod, Program Manager, and Jeanette Harris,
Director Community Planning and Development, Funding Approval/Agreement, Special Contract
Conditions – Fiscal Year 2007, Funding Approval and HOME Investment Partnerships Agreement,
Funding Approval under the Steward B. McKinney Homeless Assistance Act, and Fiscal Year 2007 Local
Government Grant Agreement Emergency Shelter Grants Program on file in County Clerk’s office.
FISCAL NOTE (MISC. #07164)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – COMMUNITY
AND HOME IMPROVEMENT DIVISION – 2007 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT
ACCEPTANCE FOR CDBG, HOME AND ESG PROGRAMS AND 2006-2007 ANNUAL ACTION PLAN
AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution authorizes acceptance of grant funding from the U.S. Department of
Housing and Urban Development for program year 2007 for the consolidated Community
Development Block Grant (CDBG), HOME Investment Partnership Grant (HOME), and
Emergency Shelter Grant (ESG) in the amount of $5,664,470.
2. The award includes $3,892,687 for the Community Development Block Grant,
$1,567,651 for the HOME Investment Partnership Grant, $35,414 for the HOME
American Dream Downpayment Initiative and $168,718 for the Emergency Shelter Grant.
3. The award also includes $1,500,000 in estimated Home Improvement Revolving Loan
Funds, $324,460.90 in Community Program Income, $680,000 in estimated HOME
Program Income, and requires a HOME County match of $352,722 for a consolidated
2007 program year grant total of $8,521,652.90.
4. The Federal grant award of $5,664,470 is $30,967 (.54%) less than the application of
$5,695,437 and the 2006 program year award.
5. Local County match of $352,722 (25%) is required for grant funding allocated to housing
rehabilitation and/or new construction activities for the HOME Investment Partnership
Grant. The 25% match percentage requirement is the same as the match requirement in
the 2006 HOME Investment Partnership Grant.
6. County Match of $352,722 is available in the Non-Departmental Grant Match line item of
the Fiscal Year 2007 General Fund Budget, account #10100-9090101-196030-730800.
No additional appropriation is required.
Commissioners Minutes Continued. July 19, 2007
312
7. Indirect costs associated with this grant are not paid due to administrative and planning
limits.
8. The funding period is for the program year May 1, 2007 through April 30, 2008.
9. The resolution also amends the 2006 Annual Action Plan and Consolidated Grant
Acceptance to reflect actual funding generated by the CDBG Home Improvement
Revolving Loan Fund, the Home Investment Partnership Act Revolving Loan Fund, and
HOME Community Housing Development Organization Program Income in the program
year period of May 1, 2006 through April 30, 2007.
10. A Fiscal Year 2007 Budget amendment is recommended as follows:
GENERAL FUND (#10100)
Expenditures
9090101-196030-730800 Non-Dept Grant Match ($352,722)
9090101-196030-788001-29711 Transfer Out 352,722
$ -0-
HOME INVESTMENT PARTNERSHIP FUND (#29711)
Revenue
1090659-132240-695500-10100 Transfer In $293,935
1090659-132260-695500-10100 Transfer In 58,787
$352,722
Expenditures
1090659-132240-730884 Housing Rehab Match $293,935
1090659-132260-730261 CHDO Match 58,787
$352,722
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 314.)
*MISCELLANEOUS RESOLUTION #07165
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – MICHIGAN
DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY
CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FISCAL YEAR 2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan offers funding to local communities under PA 511; and
WHEREAS this funding is targeted to divert non-violent offenders from prison into local jail or sentencing
alternatives; and
WHEREAS Oakland County has been receiving Community Corrections funds since 1994; and
WHEREAS the application has been completed and is requesting funding in the amount of $3,800,384 for
plans and services and probation residential services; and
WHEREAS the grant application seeks full-time funding for positions 7424, 7425, 7426, 7427, 7428,
7429, 7430, 7431, 7432, 7433, 7434, 9003, 9243, 9247, 9291, 9295, 9648, 9649; .5 of full-time positions
7834 and 9396; and PTNE position 9292 within the Community Corrections Division; and
WHEREAS the grant application seeks full-time funding for positions 7419, 7420, 7418, 7421, 10393, and
PTNE funding for positions 7417 and 9397 within the Sheriff’s Department; and
WHEREAS any programs created through these funds become part of the County’s Comprehensive
Community Corrections Plan; and
WHEREAS PA 511 of 1988 requires that the “County Board or Boards of Commissioners of the County
shall approve the proposed comprehensive plan prepared by their advisory board.”
NOW THEREFORE BE IT RESOLVED that the application to request $3,800,384 from the State Office of
Community Corrections for the purpose of continuing programs contained within the Office of Community
Corrections Fiscal Year 07 grant application for offenders who meet PA 511 eligibility is hereby approved.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the proposed
comprehensive plan prepared by the Community Corrections Advisory Board.
Commissioners Minutes Continued. July 19, 2007
313
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Community Corrections, Michigan Department of Corrections Budget
Summary and Michigan Department of Corrections Planning and Community Development Administration
Office of Community Corrections Comprehensive Community Corrections Plan and Application Fiscal
Year 2008 on file in County Clerk’s office.
FISCAL NOTE (MISC. #07165)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – MICHIGAN
DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY
CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FISCAL YEAR 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 date of notification was June 9, 2007. The application was due May 31, 2007. The
application is the same as the current award. See the attached Schedule A.
2. This is the fourteenth (14) year of the grant application with Michigan Department of
Corrections, Office of Community Corrections.
3. The grant period is October 1, 2007 through September 30, 2008.
4. The application requests funding in the amount of $3,800,384. Funding sources are as
follows: State funds $3,800,384 and no required County match as detailed in the
attached Schedule A.
5. Fiscal Services has estimated costs at $512,763 ($405,260 Community Corrections) and
($107,503 Sheriff). Funding adjustments will need to be made prior to grant acceptance.
6. Application seeks full time funding for positions 7424, 7425, 7426, 7427, 7428, 7429,
7430, 7431, 7432, 7433, 7434, 9003, 9243, 9247, 9291, 9295, 9648, 9649; .5 of full time
positions 7834 and 9396; and PTNE position 9292 within the Community Corrections
Division.
7. The application also seeks full time funding for positions 7419, 7420, 7418, 7421, 10393,
and PTNE funding for positions 7417 and 9397 within the Sheriff’s Department.
8. Application and acceptance of this grant does not obligate the County to any future
commitment. Continuation of the grant is contingent upon future levels of grant funding.
FINANCE COMMITTEE
(The vote for this motion appears on page 314.)
*MISCELLANEOUS RESOLUTION #07166
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2007 GLOBAL ARSON GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS The Factory Mutual Insurance Company through the FM Global Foundation offers assistance
to fire departments and public agencies to help fight against arson; and
WHEREAS in Fiscal Year 2006, the Sheriff’s Department applied for a grant in the amount of $6,745 to
purchase one portable volatile organic compound monitor to assist fire investigation unit detectives in
determining if the respiratory equipment that they utilize is sufficient to protect them from hazardous
gases that are present on the scene; and
WHEREAS FM Global Foundation has awarded the Oakland County Sheriff’s Office a grant of $4,000;
and
WHEREAS $2,395 of county funds will be used to match the grant award of $4,000 in order to purchase
the one portable volatile organic compound monitor which costs $6,395; and
WHEREAS no additional positions are required; and
WHEREAS the acceptance of this grant does not obligate the County to any future commitments.
Commissioners Minutes Continued. July 19, 2007
314
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
Fiscal Year 2007 Global Arson award from the FM Global Foundation in the amount of $4,000 and that
the Board Chairperson on behalf of the County of Oakland is authorized to execute said agreement as
attached.
Chairperson, on behalf of the Public Service Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review – FM Global Arson Grant Award Acceptance, Letter from Joan M. Ciancarelli,
Secretary, Factory Mutual Insurance Company, Letter from Becky Schneider, Inside Sales/Customer
Service, Argus Hazco, and Correspondence from Rae Systems, Inc. on file in County Clerk’s office.
FISCAL NOTE (MISC. #07166)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2007 GLOBAL ARSON GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Factory Mutual Insurance Company through the FM Global Foundation offers
assistance to fire departments and public agencies to help fight against arson.
2. In Fiscal Year 2006, the Sheriff’s Department applied for a grant in the amount of $6,745
to purchase one portable volatile organic compound monitor to assist fire investigation
unit detectives in determining if the respiratory equipment that they utilize is sufficient to
protect them from hazardous gases that are present on the scene.
3. FM Global Foundation has awarded the Oakland County Sheriff’s Office a grant of
$4,000.
4. The grant of $4,000 will fund a portion of the cost, which is now estimated at $6,395, with
the balance of funds, $2,395, coming from the non departmental grant match account.
5. No positions are required.
6. A budget amendment to the Fiscal Year 2007 Budget is recommended as follows:
GENERAL FUND (#10100) FY 2007
Revenue
4030901-116260-670285 Invest & Forensic Svc-Enhance. Rev $ 4,000
Total General Fund Revenue $ 4,000
Expenditures
9090101-196030-730800 Non Dept. Grant Match ($ 2,395)
4030901-116260-760157 Investigative & Forensic Svc-Equipment $ 6,395
Total General Fund Expenditures $ 4,000
FINANCE COMMITTEE
Vote on Consent Agenda:
AYES: Burns, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack,
Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda, were adopted (with accompanying reports being accepted).
Commissioners Minutes Continued. July 19, 2007
315
MISCELLANEOUS RESOLUTION #07167 – (ORDINANCE #29)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: AN AMENDMENT TO ORDINANCE NO. 27, AN ORDINANCE TO CONFIRM AND RESTATE
OAKLAND COUNTY’S EXISTING CONTRACTUAL OBLIGATIONS TO PROVIDE FOR MEDICAL
BENEFITS FOR CERTAIN RETIRED COUNTY EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The County of Oakland Ordains:
Section 1. Amendment to Section 4 of Ordinance No. 27.
Section 4 of Ordinance No. 27, adopted by the Oakland County Board of
Commissioners on June 14, 2007, is hereby amended to read in its entirety as
follows:
“Section 4. Confirming existing contractual obligations for retiree
medical benefits.
A. The County Board of Commissioners hereby confirms,
reaffirms and restates the County’s existing contractual
obligations to provide retiree medical benefits to eligible
retired and active County employees and their
dependents, and acknowledges and agrees that these
are binding contractual obligations of the County to
eligible retired and active County employees and their
dependents that future County Boards of Commissioners
cannot repudiate.
B. The retired and the currently active County employees
who are eligible to receive County-provided retiree
medical benefits are described in Exhibit B at the end
(and hereby made a part) of this ordinance. They
perform their side of the County’s contractual
commitments to provide retiree medical benefits to them
and their dependents by providing their services to the
County as its employees and by meeting the applicable
age and length-of-service criteria described in Exhibit B.
C. The scope of benefits currently included in the County’s
retiree medial benefits program (“RMB Program”) is
summarized in Exhibits C, D and E at the end (and
hereby made a part) of this ordinance. In addition, the
County is obligated to pay the Medicare Part B
premiums for certain designated groups of retirees.
Such scope of benefits shall continue to be the core
package of retiree medical benefits in the RMB program
that will be provided by the County for eligible current
and future retirees in fulfillment of its existing, binding,
contractual obligations which are confirmed, reaffirmed
and restated in this ordinance; provided, that the County
has the right, subject to and strictly limited to the extent
of any conflicting collective bargaining agreement
obligation, to reasonably modify from time to time the
RMB program, taking into account then prevailing
customs and standards for governmental employers
reasonably comparable to the County: (1) with respect
to the amounts retirees may have to contribute to the
costs of their and their dependents’ coverage (for
example and without limitation, co-pays and deductibles)
and the scope of coverage and range of benefits
provided, as appropriate to comport with evolving
changes in medical research, technology, drug
Commissioners Minutes Continued. July 19, 2007
316
development, the practice of medicine, health care
delivery and the costs thereof (for example and without
limitation, if developments in medical treatment and
technology allow for replacing certain services and
treatments that are currently provided with different
services and treatments that are better suited to achieve
the intended clinical results), but not modifications
tantamount to providing less than an appropriate core
package of retiree medical benefits, and (2) to introduce
programs designed to help participants in the RMB
program better maintain their health, encourage
preventive care and better control and manage chronic
conditions; and provided, further, that any modifications
by the County to the RMB program’s scope of coverage
shall maintain a level of coverage after their
implementation reasonably comparable to the level of
coverage immediately prior to their implementation. (2)
There is added as Exhibit E to (and hereby made a part
of) Ordinance No. 27 the Blue Cross Blue Shield of
Michigan booklet entitled “Vision Care Group Benefit
Certificate Series A80” (identified on its back cover as
“Bureau Approved 9/95”) which is at the end (and hereby
made a part) of this amendatory ordinance.
D. Notwithstanding anything to the contrary in this
ordinance, in the event that any other health care
benefits plan, program or arrangement becomes
effective which, at no further expense to the County and
with no lapse in coverage for any retirees or their
dependents, incontrovertibly provides comparable or
superior retiree medical benefits coverage in any respect
to the persons then covered under the County’s RMB
program, the County’s existing, binding, contractual
obligations which are confirmed, reaffirmed and restated
in this ordinance may be satisfied to that extent, in whole
or in part, by such other retiree medical benefits
provided by such other plan, program or arrangement.”
Section 2. Severability.
If any provision of this ordinance is held invalid, the invalidity does not affect
other provisions that can be given effect without the invalid provision.
Section 3. Effective Date.
This ordinance shall become effective upon adoption by the Board of
Commissioners and approval by the County Executive.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing Ordinance.
FINANCE COMMITTEE
Copy of Certification, Exhibit B, Exhibit C Medical Options Comparison Chart, Exhibit D Dental Chart, and
Exhibit E Vision Chart on file in County Clerk’s office.
Moved by Rogers supported by Kowall the resolution be adopted.
AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack,
Bullard, Burns. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Commissioners Minutes Continued. July 19, 2007
317
MISCELLANEOUS RESOLUTION #07168 – (ORDINANCE #30)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: AN AMENDMENT TO ORDINANCE NO. 28, AN ORDINANCE TO ESTABLISH AN
ALTERNATIVE FUNDING MECHANISM FOR OAKLAND COUNTY TO FULFILL ITS CONTRACTUAL
OBLIGATIONS TO PROVIDE RETIREE MEDICAL BENEFITS FOR RETIREES AND CERTAIN
ACTIVE EMPLOYEES OF THE COUNTY; TO AUTHORIZE THE FORMATION BY THE COUNTY OF
AN OAKLAND COUNTY RETIREE MEDICAL BENEFITS FUNDING TRUST FOR THE PURPOSE OF
ISSUING TAXABLE CERTIFICATES OF PARTICIPATION TO PROVIDE FUNDS TO PAY A
SPECIFIED AMOUNT OF THE UNFUNDED ACCRUED ACTUARIAL LIABILITIES OF THE COUNTY
FOR THE ESTIMATED COSTS OF FULFILLING SUCH OBLIGATIONS; TO APPROVE THE FORM OF
A CONTRACT BETWEEN THE COUNTY AND SUCH FUNDING TRUST; AND TO AUTHORIZE THE
FORMATION BY THE COUNTY OF AN OAKLAND COUNTY INTERMEDIATE RETIREE MEDICAL
BENEFITS TRUST FOR USE IN CONNECTION WITH SUCH ALTERNATIVE FUNDING MECHANISM.
THIS ORDINANCE DOES NOT INTEND TO AND DOES NOT RESCIND ANY SUBSTANTIVE RIGHTS,
ENTITLEMENTS OR OBLIGATIONS WITH RESPECT TO BENEFITS EARNED OR ACCRUED OF
RETIREES OR EMPLOYEES OF THE COUNTY OR THEIR DEPENDENTS. THIS ORDINANCE DOES
NOT SUPERSEDE ANY CONFLICTING PROVISION OF ANY COLLECTIVE BARGAINING
AGREEMENTS.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The County of Oakland Ordains:
Section 1. Amendment to Section 3 of Ordinance No. 28.
Section 3 of Ordinance No. 28, adopted by the Oakland County Board of
Commissioners on June 14, 2007, is hereby amended to read in its entirety as
follows:
“Section 3. Legislative findings.
The Board of Commissioners expressly finds and
determines that:
A. The Board of Commissioners is authorized by statute to
provide for medical benefits for County retirees and their
dependents, and to create reserves for the purpose of
providing pension and other retirement benefits on a
sound actuarial basis.
B. The County is contractually obligated to provide retiree
medical benefits to eligible retired and active County
employees and their dependents, as confirmed and
restated in the Retiree Medical Benefits Contractual
Obligations Ordinance adopted by the Board of
Commissioners on the same date as the adoption of this
ordinance.
C. Maintaining the actuarial integrity of the County’s retiree
medical benefits program is an important public purpose
to ensure that retirees obtain the medical benefits to
which they are entitled.
D. Pursuant to Resolution No. 00210 adopted by the Board
of Commissioners on August 24, 2000 and a trust
agreement effective as of October 1, 2000, the County
established a voluntary employee benefit association
trust (“VEBA Trust”) as a vehicle for funding the County’s
contractual obligations to provide retiree medical
benefits, which continues in full force and effect. The
VEBA Trust provides the County a prudent means to pay
the costs of providing these benefits when they come
due and to create reserves for the purpose of
Commissioners Minutes Continued. July 19, 2007
318
maintaining the actuarial integrity of the County’s system
for funding these benefits.
F. The County, in consultation with the VEBA Trust’s
actuary, has estimated that the County’s unfunded
accrued actuarial liabilities for retiree medical benefits for
certain eligible retired and active employees of the
County is $552,491,798 as of September 30, 2006
(“Subject RMB UAAL”).
G. It is in the best interest of the County to authorize by this
ordinance an alternative to its traditional mechanism for
funding the costs of fulfilling its contractual obligations to
provide retiree medical benefits (an “Alternative Funding
Mechanism”), to better maintain the actuarial integrity of
its retiree medical benefits program and to reduce the
financial burden to the County of the Subject RMB
UAAL. The Alternative Funding Mechanism will enable
the County to enter into a transaction (the “Funding
Transaction”) to obtain funds to fund the Subject RMB
UAAL.
H. Toward that end, it is in the best interest of the County to
authorize by this ordinance these elements of the
Alternative Funding Mechanism: (i) the establishment of
the Funding Trust (as defined in this ordinance),
designed to work in conjunction with the Intermediate
Trust (as defined in this ordinance) and the VEBA Trust,
and (ii) the County’s entering into a related contract with
the Funding Trust as a means for the County to fund the
Subject RMB UAAL.
I. This ordinance shall not be deemed to affect any
benefits under the County’s retiree medical benefit
program or other subjects of collective bargaining or Act
312 arbitration awards and shall be so interpreted.”
Section 2. Addition of Section 4A containing final changes to the form of 2007
Contract and Funding Trust.
As a supplement to the provisions of Section 4, Section 4A of Ordinance No. 28
adopted by the Oakland County Board of Commissioners on June 14, 2007 is
hereby added to read in its entirety as follows:
“Section 4A. Amendments to Definitions of 2007 Contract and
Funding Trust Agreement.
(A) The form of 2007 Contract is changed by inserting the
language in Appendix A attached hereto. Otherwise the
balance of the form of 2007 Contract approved in
Ordinance No. 28 remains as approved.
(B) The form of Funding Trust Agreement is changed by
inserting the language in Appendix B attached hereto.
Otherwise the balance of the form of Funding Trust
Agreement approved in Ordinance No. 28 remains as
approved.
Section 3. Amendment to Section 8 of Ordinance No. 28.
Section 8 of Ordinance No. 28, adopted by the Oakland County Board of
Commissioners on June 14, 2007, is hereby amended to read in its entirety as
follows:
“Section 8. The 2007 Contract.
A. The Chairperson of the Board of Commissioners and
County Clerk are authorized to execute and deliver the
Commissioners Minutes Continued. July 19, 2007
319
2007 Contract, in the name of and on behalf of the
County, to fund the Subject RMB UAAL.
B. The terms and conditions for the 2007 Contract shall be
in substantially the form attached hereto as Appendix A,
with such changes as may be approved by the
Chairperson of the Board of Commissioners.
C. The authority of the Chairperson of the Board of
Commissioners to make changes or additions to the
form of the 2007 Contract is subject to the limitations
contained in this ordinance.
D. The 2007 Contract will provide for payments to be made
by the County (“Contract Payments”) consisting of
Scheduled Payments, Optional Prepayments and
Contract Charges as set forth in the form of the 2007
Contract attached hereto as Appendix A. The annual
amounts of the Scheduled Payments will be as set forth
on Appendix C. The actual semi-annual amounts of the
Contract Charges are as set forth on Appendix D.
E. The 2007 Contract shall permit the sale of participation
interests under the Funding Trust and in the Contract
Payments of the County to be made thereunder in the
form of Certificates of Participation.
F. In addition to the Subject RMB UAAL, the aggregate
amount of Scheduled Payments may include amounts,
not in excess of one and eight-tenths percent (1.80%) of
the Subject RMB UAAL acceptable to the Director of the
Department of Management and Budget, in connection
with the County’s obtaining funds to fund the Subject
RMB UAAL through the Funding Trust’s issuance of
Certificates of Participation, including Costs of Issuance
(as defined in the 2007 Contract) and prefunded
Contract Charges.
G. Scheduled Payments shall be paid over a period of not
more than twenty (20) annual payments, as determined
by the Director of the Department of Management and
Budget.
H. No Scheduled Payment shall be subject to mandatory
prepayment or acceleration.
Section 4. Severability.
If any provision of this ordinance is held invalid, the invalidity does not affect
other provisions that can be given effect without the invalid provision.
Section 5. Effective Date.
This ordinance shall become effective upon adoption by the Board of
Commissioners and approval by the County Executive.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing Ordinance.
FINANCE COMMITTEE
Copy of Certification, Appendix A, Schedule A Scheduled Payments and Contract Charges Attachment,
Appendix B, Appendix A – Form of Certificate, Certificate of Authentication, Assignment, Appendix C –
Annual Amounts of the Scheduled Payments, and Appendix D – Actual Annual Amount of the Contract
Charges on file in County Clerk’s office.
Commissioners Minutes Continued. July 19, 2007
320
Moved by Rogers supported by Kowall the resolution be adopted.
AYES: Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall,
Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard, Burns,
Crawford. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #07169
BY: General Government Committee, Christine Long, Chairperson
IN RE: INFORMATION TECHNOLOGY – JAIL VISITATION PROJECT (EQUIPMENT PURCHASE
FOR VIDEO VISITATION)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #06149 and Miscellaneous Resolution #06239 authorized the Jail
Renovation and Visitation Project; and
WHEREAS the project consists of renovation of portions of the Law Enforcement Complex, including
primarily first floor areas previously used by the Sheriff’s Administration, Detective Bureau and Patrol
Services, as well as renovation and addition to the kitchen receiving area, public visitation areas,
replacement of the jail fire alarm system, master control system, basement driveway ramps and
underlying snow-melt system; and
WHEREAS the jail renovation project budget includes $350,000 for a Video Visitation component; and
WHEREAS at year end for 2006 the Board of Commissioners by Miscellaneous Resolution #06254
identified and set aside $400,000 in designated General Fund equity for completion of this project; and
WHEREAS the recommendation by Information Technology Department and the Sheriff’s Office is to
contract for an amount not to exceed $750,000 for equipment and installation of the Video Visitation
system at the Oakland County Jail; and
WHEREAS approval of this funding by the Board will enable the Sheriff’s Office, Information Technology
Department, and Facilities Engineering to move this process to completion.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Jail Renovation
and Visitation project for the purchase of equipment and installation for Video Visitation component of the
project.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an award of contract for Video
Visitation to SKC.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Smart Communications Polycom Videoconferencing Price Quote on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #07148)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – AMENDMENT TO RED OAKS GOLF COURSE
LEASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on July 19, 2007,
reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
Commissioners Minutes Continued. July 19, 2007
321
MISCELLANEOUS RESOLUTION #07148
BY: General Government Committee, Christine A. Long, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – AMENDMENT TO RED OAKS GOLF COURSE
LEASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentleman:
WHEREAS pursuant to Miscellaneous Resolution No. 04151, the County of Oakland approved a 50-year
lease (“lease”) with the George W. Kuhn Drainage District for the property located in Madison Heights for
the purpose of the Red Oaks Golf Course; and
WHEREAS the George W. Kuhn Drainage District acquired parcel number 25-12-203-007, which is
contiguous to the Red Oaks Golf Course and currently not included in the premises leased by the County;
and
WHEREAS the Oakland County Parks and Recreation Commission, at its regular meeting of May 2,
2007, authorized the department to approve an amendment to the lease to add parcel number 25-12-203-
007 to the premises leased by the County; and
WHEREAS the legal description of the property added is set forth in Exhibit A of the Amendment to the
Lease; and
WHEREAS all terms and conditions set forth in the Lease remain in full force and effect.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
First Amendment to the Lease between the County of Oakland and the George W. Kuhn Drainage District
for the property at the Red Oaks Golf Course to include parcel number 25-12-203-007.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Amendment to the Red Oaks Golf Course Lease
and all other related documents between the County of Oakland and George W. Kuhn Drainage District,
which may be required to complete the transaction.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of First Amendment to Oakland County Red Oaks Golf Course Lease on file in County Clerk’s
office.
FISCAL NOTE (MISC. #07148)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – AMENDMENT TO RED OAKS GOLF COURSE
LEASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. Miscellaneous Resolution #04151 established a 50 year lease between the County of
Oakland and the George W. Kuhn Drainage District for property located in Madison Heights
for the purpose of Red Oaks Golf Course.
2. The George W. Kuhn Drainage District added parcel #25-12-203-007 that is contiguous with
Red Oaks Golf Course.
3. The Parks and Recreation Commission desires to incorporate this additional parcel of land
into the existing agreement.
4. All terms of the agreement remain the same with the annual lease payment of $1 per year.
No budget amendment is required.
FINANCE COMMITTEE
Moved by Long supported by Douglas the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Douglas the Planning and Building Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Commissioners Minutes Continued. July 19, 2007
322
Vote on resolution:
AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long,
Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard, Burns, Crawford,
Douglas. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
REPORT (MISC. #07149)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – AMENDMENT TO RED OAKS WATER PARK
LEASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on July 19, 2007,
reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #07149
BY: General Government Committee, Christine A. Long, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – AMENDMENT TO RED OAKS WATER PARK
LEASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentleman:
WHEREAS pursuant to Miscellaneous Resolution No. 04150, the County of Oakland approved a 50-year
lease (“Lease”) with the George W. Kuhn Drainage District for the property located in Madison Heights for
the purpose of the Red Oaks Water Park; and
WHEREAS Oakland County Parks and Recreation requires additional property for overflow parking for
the Red Oaks Water Park and a proposed dog walking area; and
WHEREAS the Oakland County Parks and Recreation Commission, at its regular meeting of May 2, 2007
authorized the department to approve an amendment to the lease to include additional property from the
George W. Kuhn Drain and the Henry Graham Drainage Districts; and
WHEREAS all terms and conditions set forth in the Lease remain in full force and effect.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
First Amendment to the Lease between the County of Oakland and the George W. Kuhn Drainage District
for the property at the Red Oaks Water Parks to include property identified in Exhibit B of the agreement
for overflow parking and proposed dog walking areas.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Amendment to the Red Oaks Water Park Lease and
all other related documents between the County of Oakland and George W. Kuhn Drainage District which
may be required to complete the transaction.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of First Amendment to Oakland County Red Oaks Water Park Lease and Red Oaks Water Park –
Amendment Exhibit B on file in County Clerk’s office.
Commissioners Minutes Continued. July 19, 2007
323
FISCAL NOTE (MISC. #07149)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – AMENDMENT TO RED OAKS WATER PARK
LEASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. Miscellaneous Resolution #04150 established a 50 year lease between the County of
Oakland and the George W. Kuhn Drainage District for property located in Madison Heights
for the purpose of Red Oaks Water Park.
2. The Parks and Recreation Commission requires additional property for overflow parking and
a proposed dog walking area.
3. The Parks and Recreation Commission desires to incorporate additional property (Exhibit B
of the agreement) from the George W. Kuhn Drain and the Henry Graham Drain Districts into
the existing lease agreement.
4. All terms of the agreement remain the same with the annual lease payment of $1 per year.
No budget amendment is required.
FINANCE COMMITTEE
Moved by Long supported by Douglas the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Douglas the Planning and Building Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution:
AYES: Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash,
Potter, Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard, Burns, Crawford, Douglas,
Gershenson. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #07150
BY: Personnel Committee, Thomas Middleton, Chairperson
IN RE: HUMAN RESOURCES – FISCAL YEAR 2007 – 2008 WAGE AND BENEFIT REOPENER AND
COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY
AFSCME COUNCIL 25
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and AFSCME Council 25 have negotiated a Wage and Benefit
reopener for Fiscal Year 2007 and for approximately five Board of Commissioner employees; and
WHEREAS this agreement provides for 2% increase with an additional 1% increase for the classification
of Senior Committee Coordinator effective with the pay period beginning September 30, 2006; and
WHEREAS this agreement provides that health care for the employees represented by this bargaining
unit will be consistent with Miscellaneous Resolution #06114 effective with the ratification of this
agreement; and
WHEREAS this agreement will be extended through Fiscal Year 2008; and
WHEREAS this agreement provides for the same increase for Fiscal Year 2008 as approved for the
general non-represented employees, to be effective at the same time and in the same manner; and
WHEREAS this agreement provides that any benefit modifications implemented for the general, non-
represented employees during Fiscal Year 2008 will be implemented for these employees at the same
time and in the same manner; and
WHEREAS the agreement has been reduced to writing; and
Commissioners Minutes Continued. July 19, 2007
324
WHEREAS this agreement has been reviewed by your Personnel Committee, which recommends its
approval.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed Wage
and Benefit reopener and collective bargaining agreement extension between the County of Oakland and
AFSCME Council 25 covering the period of October 1, 2006, through September 30, 2008, and that the
Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as
attached.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Memorandum of Agreement AFSCME Council 25 Board of Commissioners Committee
Coordinators Fiscal Year 2007 and 2008 on file in County Clerk’s office.
FISCAL NOTE (MISC. #07150)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: HUMAN RESOURCES – FISCAL YEAR 2007 – 2008 WAGE AND BENEFIT REOPENER AND
COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) COUNCIL
25
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. The County of Oakland and AFSCME Council 25 have negotiated a Wage and Benefit
reopener for Fiscal Year 2007 covering approximately five Board of Commissioners’
employees.
2. The agreement provides for a 2% increase with an additional 1% increase for the
classification Senior Committee Coordinator effective with the pay period beginning
September 30, 2006. The proposed wage and benefit extension covers the period October 1,
2006 through September 30, 2008. Any benefit modifications implemented shall be applied
consistently at the same time and in the same manner as provided to non-represented
employees.
3. The initial 2% increase for all positions equals $5,676 (Salaries $4,060, Fringes $1,616) and
has been included in the County Executive Recommended Fiscal Year 2008/2009 budget.
4. The additional 1% increase for the Senior Committee Coordinator position equals $1,740
(Salaries $1,264, Fringes $476) and requires an amendment to the County Executive
Recommended Fiscal Year 2008/2009 budget.
GENERAL FUND (#10100) FY 2008/2009
Expenditures
5010101-180010-702240 Salary Adjustments $1,264
5010101-180010-722900 Fringe Adjustments 476
9090101-196030-740037 Rate and Class Change ( 1,740)
$ -0-
FINANCE COMMITTEE
Moved by Middleton supported by Potter the resolution (with fiscal note attached) be adopted.
Moved by Middleton supported by Potter the resolution be amended as follows:
In the first “WHEREAS” change the number five (5) to the number four (4)
A sufficient majority having vote in favor, the amendment carried.
Moved by Middleton supported by Potter the fiscal note be amended as follows:
Under item number one (1) change the number five (5) to the number four (4)
A sufficient majority having voted in favor, the amendment carried.
Commissioners Minutes Continued. July 19, 2007
325
Vote on resolution, as amended:
AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter,
Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard, Burns, Crawford, Douglas, Gershenson,
Gingell. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
MISCELLANEOUS RESOLUTION #07170
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER – RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON
SEWAGE DISPOSAL SYSTEM CITY OF LATHRUP VILLAGE FOOTING DRAIN HOUSELEAD
REHABILITATION PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the City of Lathrup Village (the "City") is in urgent need of sewage disposal facilities
constituting a part of the Evergreen and Farmington Sewage Disposal Systems (the "System") as
described in the form of the proposed contract hereinafter mentioned (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
WHEREAS by the terms of Act 342, the County and the City are authorized to enter into a contract for the
acquisition and construction of the Project to serve the City and for the payment of the cost thereof by the
City in cash; 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, and the City (the "Contract"),
which Contract provides for the acquisition and construction 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 and construct 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 Evergreen Farmington Sewage
Disposal System City of Lathrup Village Footing Drain Houselead Rehabilitation Project,
as specified and to be located as shown in Exhibit A to the Contract (the "Project") and
(ii) the services provided thereby; that the Project as part of the System shall serve the
City; that the Oakland County Drain Commissioner is hereby designated and appointed
as the "County Agency" for the Project; that the County Agency shall have all the powers
and duties with respect to the Project as are provided by law and especially by Act 342;
and that all obligations incurred by the County Agency with respect to the Project, unless
otherwise authorized by this Board of Commissioners, shall be payable solely from funds
derived from the City as hereinafter provided.
2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND
COST. The preliminary plans and specifications for the Project and the estimates of
$1,998,400 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.
Commissioners Minutes Continued. July 19, 2007
326
3. APPROVAL OF CONTRACT. The Evergreen Farmington Sewage Disposal System City
of Lathrup Village Footing Drain Houselead Rehabilitation Project Contract between the
County, by and through the County Drain Commissioner and the City, 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 and on behalf of the County, in as many counterparts as may be deemed
advisable. The Contract is attached.
4. 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
Copy of Evergreen Farmington Sewage Disposal System City of Lathrup Village Footing Drain Houselead
Rehabilitation Project Contract, Exhibit A Evergreen Farmington Sewage Disposal System Footing
Drain/Houselead Disconnect Project City of Lathrup Village, and Exhibit B Evergreen Farmington Sewage
Disposal System City of Lathrup Village Footing Drain Houselead Rehabilitation Project Estimate of
Probable Cost on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #07171
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER – RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON
SEWAGE DISPOSAL SYSTEM WEST BLOOMFIELD TOWNSHIP FOOTING DRAIN/HOUSELEAD
REHABILITATION PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Charter Township of West Bloomfield (the "Township") is in urgent need of sewage
disposal facilities constituting a part of the Evergreen and Farmington Sewage Disposal Systems (the
"System") as described in the form of the proposed contract hereinafter mentioned (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
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 Township and for the payment of the cost
thereof by the Township in cash; 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, and the Township (the
"Contract"), which Contract provides for the acquisition and construction 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 and construct 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 Evergreen Farmington Sewage
Disposal System West Bloomfield Township Footing Drain/Houselead Rehabilitation
Project, as specified and to be located as shown in Exhibit A to the Contract (the
"Project") and (ii) the services provided thereby; that the Project as part of the System
Commissioners Minutes Continued. July 19, 2007
327
shall serve the Township; that the Oakland County Drain Commissioner is hereby
designated and appointed as the "County Agency" for the Project; that the County
Agency shall have all the powers and duties with respect to the Project as are provided
by law and especially by Act 342; and that all obligations incurred by the County Agency
with respect to the Project, unless otherwise authorized by this Board of Commissioners,
shall be payable solely from funds derived from the Township as hereinafter provided.
2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND
COST. The preliminary plans and specifications for the Project and the estimates of
$970,000 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 Evergreen Farmington Sewage Disposal System
West Bloomfield Township Footing Drain/Houselead Rehabilitation Project Contract
between the County, by and through the County Drain Commissioner and the Township,
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 and on behalf of the County, in as many counterparts
as may be deemed advisable. The Contract is attached.
4. 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
Copy of Evergreen Farmington Sewage Disposal System West Bloomfield Township Footing
Drain/Houselead Rehabilitation Project Contract, Exhibit A Evergreen Farmington Sewage Disposal
System West Bloomfield Township Footing Drain/Houselead Rehabilitation Project, and Exhibit B
Evergreen Farmington Sewage Disposal System West Bloomfield Township Footing Drain/Houselead
Rehabilitation Project Estimate of Probable Cost on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #07172
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER – SOFTWATER LAKE CAPITAL IMPROVEMENT BONDS, SERIES
2007 BOND RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners has determined that it is necessary to acquire, construct, and
install sewage disposal system facilities to improve and extend the Clinton-Oakland Sewage Disposal
System in the Charter Township of Springfield, Oakland County, Michigan (the “Project”) through the
issuance of bonds pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended ("Act
34"); and
WHEREAS notice of the issuance of the bonds as required by section 517 of Act 34 was published in The
Oakland Press on February 23, 2006; and
WHEREAS the cost of the Project is estimated to be $2,820,000; and
WHEREAS the Board of Commissioners also has determined to sell the bonds in a private negotiated
sale to the Michigan Municipal Bond Authority (the "Authority") as authorized by Act 227, Public Acts of
Michigan, 1985, as amended ("Act 227"), in order to enable the Authority to provide assistance with
respect to the Project from the proceeds of the State of Michigan Clean Water Revolving Fund.
THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as
follows:
1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County aggregating the
principal sum of not to exceed Two Million Eight Hundred Twenty Thousand Dollars
($2,820,000) shall be issued and sold for the purpose of defraying all or part of the cost of
the Project, including the cost of issuing the bonds.
Commissioners Minutes Continued. July 19, 2007
328
2. BOND DETAILS. The bonds shall be designated "Softwater Lake Capital Improvement
Bonds, Series 2007"; shall be dated the date of delivery thereof; shall be numbered from
1 upwards; shall be fully registered; shall be in any denomination not exceeding the
aggregate principal amount for each maturity at the option of the bondholder (provided,
however, that so long as the bonds are registered in the name of the Authority, the bonds
may be in the form of a single bond in a denomination equal to the aggregate outstanding
principal amount of the bonds, with an exhibit attached thereto that identifies the annual
maturities for the bonds, and references herein to the "bonds" shall mean that single
bond registered in the name of the Authority); shall bear interest at a rate that shall not
exceed 5% per annum from the date of delivery of the various principal installments as
hereinafter described, payable on such dates as shall be determined by the County Drain
Commissioner, acting as County Agency for the County (the "County Agency"); and shall
mature on such dates and in such principal amounts as shall be determined by the
County Agency.
3. The bonds are expected to be delivered to the Authority as the initial purchaser thereof in
installments (the "Installments") equal to the amounts advanced from time to time by the
Authority to the County pursuant to the Purchase Contract and the Supplemental
Agreement (each as hereinafter defined).
4. PAYMENT OF PRINCIPAL AND INTEREST. The principal of, premium, if any, and
interest on the bonds shall be payable in lawful money of the United States. So long as
the bonds are owned by the Authority, the bonds are payable as to principal, redemption
premium, if any, and interest at The Bank of New York Trust Company, N.A., or at such
other place as shall be designated in writing to the County by the Authority (the
"Authority's Depository"). So long as the Authority is the owner of the bonds, the County
agrees that it will deposit with the Authority's Depository payments of the principal of,
premium, if any, and interest on the bonds in immediately available funds by 12:00 noon
at least five business days prior to the date on which any such payment is due, whether
by maturity, redemption or otherwise. If the bonds are not registered in the name of the
Authority, the principal of and premium, if any, on the bonds are payable upon the
surrender thereof at the office of the bond registrar and paying agent and the interest is
payable by check or draft mailed by the bond registrar and paying agent to the registered
owner of the bonds at the address appearing on the registration books of the County kept
by the bond registrar and paying agent as of the 15th day of the month preceding the
month in which an interest payment is due.
5. PRIOR REDEMPTION. The bonds shall be subject to redemption prior to maturity upon
the terms and conditions set forth in the form of bonds contained in Section 8 hereof.
6. BOND REGISTRAR AND PAYING AGENT. Until a successor is appointed by the Board,
the County Treasurer shall act as bond registrar and paying agent.
7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be
executed in the name of the County by the manual or facsimile signatures of the
Chairperson of the Board of Commissioners and the County Clerk and authenticated by
the manual signature of the bond registrar and paying agent or an authorized
representative of the bond registrar and paying agent, and the seal of the County (or a
facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have
been executed and authenticated for delivery to the Authority as the original purchaser
thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of
the purchase price or upon compliance with the terms and conditions of the Purchase
Contract. Additional bonds bearing the manual or facsimile signatures of the Chairperson
of the Board of Commissioners and the County Clerk and upon which the seal of the
County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond
registrar and paying agent for authentication and delivery in connection with the
exchange or transfer of bonds. The bond registrar and paying agent shall indicate on
each bond the date of its authentication.
Commissioners Minutes Continued. July 19, 2007
329
8. EXCHANGE AND TRANSFER OF BONDS. Any bond, at the option of the registered
owner thereof and upon surrender thereof to the bond registrar and paying agent with a
written instrument of transfer satisfactory to the bond registrar and paying agent duly
executed by the registered owner or his duly authorized attorney, may be exchanged for
bonds of any other authorized denominations of the same aggregate principal amount
and maturity date and bearing the same rate of interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County, which shall
be kept for that purpose by the bond registrar and paying agent, upon surrender of such
bond together with a written instrument of transfer satisfactory to the bond registrar and
paying agent duly executed by the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying agent
on behalf of the County shall cancel the surrendered bond and shall authenticate and
deliver to the transferee a new bond or bonds of any authorized denomination of the
same aggregate principal amount and maturity date and bearing the same rate of interest
as the surrendered bond. If, at the time the bond registrar and paying agent
authenticates and delivers a new bond pursuant to this section, payment of interest on
the bonds is in default, the bond registrar and paying agent shall endorse upon the new
bond the following: "Payment of interest on this bond is in default. The last date to which
interest has been paid is [insert applicable date]."
The County and the bond registrar and paying agent may deem and treat the
person in whose name any bond shall be registered upon the books of the County as the
absolute owner of such bond, whether such bond shall be overdue or not, for the purpose
of receiving payment of the principal of and interest on such bond and for all other
purposes, and all payments made to any such registered owner, or upon his order, in
accordance with the provisions of Section 3 of this Resolution shall be valid and effectual
to satisfy and discharge the liability upon such bond to the extent of the sum or sums so
paid, and neither the County nor the bond registrar and paying agent shall be affected by
any notice to the contrary. The County agrees to indemnify and save the bond registrar
and paying agent harmless from and against any and all loss, cost, charge, expense,
judgment or liability incurred by it, acting in good faith and without negligence hereunder,
in so treating such registered owner.
For every exchange or transfer of bonds, the County or the bond registrar and
paying agent may make a charge sufficient to reimburse it for any tax, fee or other
governmental charge required to be paid with respect to such exchange or transfer,
which sum or sums shall be paid by the person requesting such exchange or transfer as
a condition precedent to the exercise of the privilege of making such exchange or
transfer.
The bond registrar and paying agent shall not be required to transfer or
exchange bonds or portions of bonds which have been selected for redemption.
9. FORM OF BONDS. The bonds shall be in substantially the following form, with such
changes thereto as necessary to conform to any order of the County Agency issued in
accordance with this resolution.
10. DEBT SERVICE FUND. There shall be established for the bonds a debt service fund
which shall be kept in a separate bank account. From the proceeds of the sale of the
bonds there shall be set aside in the debt service fund any premium and accrued interest
received from the purchaser of the bonds at the time of delivery of the bonds. Funds of
the County to be used to pay the principal and interest on the bonds when due shall be
placed in the debt service fund and so long as the principal or interest on the bonds shall
remain unpaid, no moneys shall be withdrawn from such debt service fund except to pay
principal and interest on the bonds.
11. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall
be set aside in a construction fund and used solely to defray the cost of acquisition,
construction and installation of the Project. Any unexpended balance of the proceeds of
the sale of the bonds remaining in the construction fund after completion of the Project
shall be deposited in the debt service fund established in section 9 hereof.
Commissioners Minutes Continued. July 19, 2007
330
12. SECURITY. The principal of and interest on the bonds shall be payable primarily out of
the collections of the special assessments imposed by the Charter Township of
Springfield (the "Township") pursuant to the provisions of the Clinton-Oakland Sewage
Disposal System Softwater Lake Extension Contract dated as of February 1, 2006,
between the County and the Township. In addition, the full faith and credit of the County
are pledged to the payment of such principal and interest. If the receipts from such
special assessments shall not be sufficient to pay such principal and interest as the same
shall become due, then an amount sufficient to pay the deficiency shall be advanced from
the general fund of the County. The ability of the County to raise such funds is subject to
applicable constitutional and statutory limitations on the taxing power of the County. The
amount of taxes necessary to pay the principal of and interest on the bonds, together with
the taxes levied for the same year, shall not exceed the limit authorized by law.
13. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimated period of
usefulness of the Project is hereby determined to be not less than thirty (30) years and
upwards, and the plans for and estimated cost of the Project in the amount of $2,820,000
are hereby approved and adopted.
14. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Revenue Code of 1986, as amended (the "Code") necessary to assure that the interest
on the bonds will be and will remain excludable from gross income for federal income tax
purposes.
15. DEFEASANCE. In the event cash or direct obligations of the United States or obligations
the principal of and interest on which are guaranteed by the United States, or a
combination thereof, the principal of and interest on which, without reinvestment, come
due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier
optional redemption, the principal of and interest on the bonds, shall have been deposited
in trust, this Resolution shall be defeased and the owners of the bonds shall have no
further rights under this Resolution except to receive payment of the principal of and
interest on the bonds from the cash or securities deposited in trust and the interest and
gains thereon and to transfer and exchange bonds as provided herein.
16. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of
ownership of an unmatured bond, of satisfactory evidence that the bond has been lost,
apparently destroyed or wrongfully taken and of security or indemnity which complies
with applicable law and is satisfactory to the County Treasurer, the County Treasurer
may authorize the bond registrar and paying agent to deliver a new executed bond to
replace the bond lost, apparently destroyed or wrongfully taken in compliance with
applicable law. In the event an outstanding matured bond is lost, apparently destroyed or
wrongfully taken, the County Treasurer may authorize the bond registrar and paying
agent to pay the bond without presentation upon the receipt of the same documentation
required for the delivery of a replacement bond. The bond registrar and paying agent, for
each new bond delivered or paid without presentation as provided above, shall require
the payment of expenses, including counsel fees, which may be incurred by the bond
registrar and paying agent and the County in the premises. Any bond delivered pursuant
the provisions of this section in lieu of any bond lost, apparently destroyed or wrongfully
taken shall be of the same form and tenor and be secured in the same manner as the
bond in substitution for which such bond was delivered.
17. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The bonds
shall be sold at a private, negotiated sale to the Authority, as authorized by Act 227. It is
hereby determined that this method of sale is in the best interests of the County and is
calculated to provide the County with the lowest cost of borrowing money. The sale shall
be made pursuant to the terms and conditions to be set forth in a Purchase Contract (the
"Purchase Contract") and a Supplemental Agreement (the "Supplemental Agreement").
The County Agency is authorized to execute and deliver the Supplemental Agreement
and the Purchase Contract in such forms as shall be approved by the County Agency,
with such approval to be evidenced by the County Agency's signature thereon.
Notwithstanding any other provision of this Resolution, the bonds shall be initially sold to
the Authority as one bond, numbered 1, in the full aggregate principal amount of the
Commissioners Minutes Continued. July 19, 2007
331
bonds. The County Agency is authorized to execute one or more written orders (i)
containing the determinations that the County Agency is authorized to make as provided
in this Resolution and (ii) making such changes in the provisions of the bonds or this
Resolution to comply with the requirements of the Authority or otherwise to enable the
bonds to be sold to the Authority. In addition, the Chairperson of the Board of
Commissioners, the Clerk, the Treasurer, the County Agency and other County
employees and officials are authorized to execute and deliver to the Authority any such
certificates and documents as the Authority or bond counsel shall require and to do all
other things necessary to effectuate the sale, issuance, delivery, transfer and exchange
of the bonds in accordance with the provisions of this Resolution.
18. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Agency shall
determine that it is not necessary to sell bonds in the principal amount stated in Section 1
of this Resolution, the County Agency by written order may reduce the principal amount
of bonds to be sold to that amount deemed necessary.
19. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions, insofar as they
are 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
Copy of Softwater Lake Capital Improvement Bond, Series 2007, Certificate of Authentication,
Assignment, and Exhibit A on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #07154)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE MICHIGAN HOUSING AND
COMMUNITY DEVELOPMENT FUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on July 10, 2007,
reports with a recommendation that the resolution be amended by adding the following paragraph:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
encourages the legislature to fund this request through existing tax revenues rather than
new and incremental taxes.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #07154
BY: Jim Nash, District #15, Helaine Zack, District #22, Marcia Gershenson, District 17, Karen Spector,
District #16, Tim Greimel, District #11, Eric Coleman, District #23, David Woodward, District #18, David
Coulter, District #25
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE MICHIGAN HOUSING AND
COMMUNITY DEVELOPMENT FUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS recognizing that building and sustaining vibrant cities is central to any plan to revitalize
Michigan, Public Act 479 of 2004, was adopted with bi-partisan support to establish the Michigan Housing
and Community Development Fund, with the goal of creating a vibrant Michigan with well-kept
neighborhoods and affordable housing that will attract companies and people; and
WHEREAS resources and funds for the development of affordable housing continue to decline while
economic conditions for lower income households become even more difficult. In Michigan, data shows
that 36% of our homeless families are working, and 56% of homeless persons in families were children —
most under the age of 10; and
Commissioners Minutes Continued. July 19, 2007
332
WHEREAS without affordable housing for children and families, the future cost to support them through
public services will be devastating — placing a burden on Michigan’s taxpayers that will increase each
year; and
WHEREAS the mission of the Michigan Housing and Community Development Fund (MHCDF) is to
provide housing opportunities for all Michigan residents, and to help transform our economy by improving
the quality of life in Michigan's cities, towns, and villages – especially those with high concentrations of
poverty – to create vibrant communities where people want to live, work, and retire; and
WHEREAS as Michigan moves from an economy that depends on high paying manufacturing jobs to a
service based economy, there must be a connection between the creation of jobs and the availability of
safe, high quality, affordably priced housing. With job providers looking at Michigan as an option to
locate, it is essential to prove that our region can maintain a host of vibrant cities where their workers will
want to live; and
WHEREAS according to Governing Magazine, Michigan is ranked 48th in the country on a per capita
basis for its state revenue support of affordable housing. Thirty-eight (38) states have already decided to
help address their critical housing needs by establishing housing trust funds; and
WHEREAS Housing Trust Funds, such as the Michigan Housing and Community Development Fund,
systematically change reliance on annual budget allocations by shifting to committing dedicated public
revenue to affordable housing through the creation of dedicated sources of public funding. These trust
funds support the preservation and production of affordable housing and increase opportunities to access
decent affordable homes; and
WHEREAS currently, there are nearly 600 housing trust funds in cities, counties, and states that generate
more than $1.6 billion a year to support affordable housing, according to the Center for Community
Change; and
WHEREAS the Michigan Housing and Community Development Fund is expected to generate up to $21
million annually in state and local revenues; and
WHEREAS although job creation is not the primary objective of the Michigan Housing and Community
Development Fund, it is estimated that it will create over 6,000 good-paying jobs; and
WHEREAS the Michigan Housing and Community Development is a program that will allow Michigan
cities and communities to attract and retain the brightest and best workers in the country. The program
concentrates efforts in downtowns, neighborhoods, affordable housing and supportive housing; and
WHEREAS Michigan’s Housing and Community Development Fund will accomplish its mission by: (a)
financing downtown and neighborhood improvements to make them attractive places to live and do
business; (b) financing affordable and market rate housing for young people, knowledgeable workers,
immigrants, early retirees, and people with low and moderate incomes; and (c) financing supportive
housing for the homeless and people with disabilities; and
WHEREAS renter households in Michigan are more than two-and-one-half times more likely to pay more
than 50% of their household income on housing. This puts the individuals and families of these
households one paycheck away from becoming homeless. Data shows that children in stable housing do
better in school and are less likely to be dependent on taxpayer support as adults; and
WHEREAS creating vibrant communities and improving our quality of life means supporting safer,
affordable rental units to helps families secure the stable housing they need to raise children and become
active community participants; and
WHEREAS the Michigan Housing and Community Development Fund would leverage additional funding
from public and private sources. The economic and social impact will be tremendous and provide
increased stability for families with extremely low and low incomes, which will in turn increase their quality
of life and allow them to become invested in the success of their neighborhoods and the communities in
which they live.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
recognizes that the preservation and production of affordable housing contributes to the economy and
quality of life for residents in Oakland County and throughout the State of Michigan by creating jobs and
adding to the local tax base.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports the Michigan
Housing and Community Development Fund and its efforts to boost our economy, provide viable,
affordable housing, create jobs and prepare Oakland County and the State of Michigan for the challenges
of today and tomorrow.
Commissioners Minutes Continued. July 19, 2007
333
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners urges the Michigan
Legislature and Governor Granholm to appropriate the critical funding needed for the Michigan Housing
and Community Development Fund.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Jennifer Granholm, the Oakland County delegation to the Michigan
legislature, the Senate Appropriations Committee, the Michigan Association of Counties (MAC), Michigan
State Housing and Development Authority, Southeast Michigan Council of Governments (SEMCOG),
Community and Economic Association of Michigan (CEDAM), Community Housing Network, Inc.,
Oakland County Taskforce on Homelessness and Affordable Housing, Oakland Livingston Human
Service Agency (OLSHA) and Oakland County's Legislative Lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, HELAINE ZACK, MARCIA
GERSHENSON, KAREN SPECTOR, TIM
GREIMEL, ERIC COLEMAN, DAVID
WOODWARD, DAVID COULTER, GEORGE
SUAREZ, VINCENT GREGORY, MATTIE
HATCHETT, TIM BURNS
Moved by Potts supported by Nash the resolution be adopted.
Moved by Potts supported by Nash the Planning and Building Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Potts supported by Nash the resolution be amended to coincide with the recommendation in
the Planning and Building Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Moved by Kowall supported by Gosselin to amend the resolution was followed:
Remove the paragraph that states BE IT FURTHER RESOLVED the Oakland County Board of
Commissioners urges the Michigan Legislature and Governor Granholm to appropriate the critical
funding needed for the Michigan Housing and Community Development Fund.
Discussion followed.
Commissioner Kowall withdrew the amendment
Commissioner Gosselin withdrew support
Moved by Kowall supported by Douglas the second BE IT FURTHER RESOLVED paragraph be
amended as follows:
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners urges the Michigan
Legislature and Governor Granholm to appropriate seek the critical funding needed for the
Michigan Housing and Community Development Fund.
Discussion followed.
Moved by Greimel supported by Potts the amendment be further amended to state:
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners urges the Michigan
Legislature and Governor Granholm to appropriate and/or seek the critical funding needed for
the Michigan Housing and Community Development Fund.
Discussion followed.
Commissioners Minutes Continued. July 19, 2007
334
As a point of order Commissioner Kowall stated which vote would take precedent.
Vote on Greimel’s amendment to Commissioner Kowall’s amendment:
AYES: Gregory, Greimel, Hatchett, Nash, Potts, Spector, Suarez, Zack, Burns. (9)
NAYS: Jacobsen, Kowall, Long, Middleton, Potter, Rogers, Scott, Bullard, Crawford, Douglas,
Gershenson, Gingell, Gosselin. (13)
A sufficient majority not having voted in favor, the amendment to Commissioner Kowall’s amendment
failed.
Vote on Kowall’s amendment:
AYES: Jacobsen, Kowall, Bullard, Crawford, Gingell, Gosselin. (6)
NAYS: Greimel, Hatchett, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez,
Zack, Burns, Douglas, Gershenson, Gregory. (16)
A sufficient majority not having voted in favor, the amendment failed.
Discussion followed.
Vote on resolution, as amended:
AYES: Hatchett, Jacobsen, Kowall, Middleton, Nash, Potter, Potts, Rogers, Spector, Suarez,
Zack, Burns, Douglas, Gershenson, Gingell, Gregory, Greimel. (17)
NAYS: Long, Scott, Bullard, Crawford, Gosselin. (5)
A sufficient majority having voted in favor, the resolution, as amended was adopted.
MISCELLANEOUS RESOLUTION #07173
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE
MICHIGAN RENAISSANCE FESTIVAL – 2007 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Renaissance Festival, the operator of a summer theatre facility by the same
name in Groveland Township, has requested the Oakland County Sheriff's Office to supply Deputies for
Law Enforcement Services for the upcoming 2007 season; and
WHEREAS the Sheriff's Office has agreed to supply such Deputies on an availability overtime hourly
basis, the number of man-hours to be determined by the Sheriff's Office; and
WHEREAS this contract has been approved by Corporation Counsel; and
WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance
Festival at the hourly overtime rates for the 2007 season, as was established by Miscellaneous
Resolution #03265.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
execution of the attached contract consistent with provisions contained therein.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Contract for Police Protection Michigan Renaissance Festival, Attachment A Contract Definitions,
Attachment B Additional Acknowledgments, Attachment C O.C.S.D. Independent Status and Attachment
D Company Provided Insurance on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. July 19, 2007
335
MISCELLANEOUS RESOLUTION #07174
BY: Helaine Zack, District #22; Eileen Kowall, District #6; Hugh Crawford, District #9; Mattie Hatchett,
District #10; Sue Ann Douglas, District #12
IN RE: BOARD OF COMMISSIONERS – REAFFIRM SUPPORT FOR HOUSE BILL 4725 AND
SUPPORT FOR HOUSE BILL 4234 AS PASSED BY THE HOUSE AND REFERRED TO THE SENATE
JUDICIARY COMMITTEE – AMENDMENTS TO THE JAIL OVERCROWDING EMERGENCY ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 2005, this Board of Commissioners created the Oakland County Criminal Justice
Coordinating Council (CJCC), a voluntary organization charged with developing recommendations to
foster communication, cooperation, and coordination among and between all justice system agencies and
entities within Oakland County; and
WHEREAS since its creation, the CJCC has successfully completed a number of projects to help manage
the jail population in Oakland County. These include, but are not limited to: implementation of a felony
plea program in district courts; execution of a joint local administrative order; review and development of
best practices for courts and other justice system agencies; revision of information technology practices
and procedures to expeditiously move cases and people through the justice system, etc.; and
WHEREAS in 2006, the Oakland County CJCC determined that its number one priority was to seek
legislative revisions to the Jail Overcrowding Emergency Act, MCL 801.51, et seq., to allow counties and
justice agencies to proactively manage their jail populations while, at the same time, maintain public
safety; and
WHEREAS in May, 2006 the Honorable Wendy Potts, Chief Circuit Judge and Chair of the CJCC,
appointed a subcommittee to draft revisions to the Jail Overcrowding Emergency Act; and
WHEREAS in August 2006, the subcommittee’s revisions to the Act were presented to and approved, first
by the CJCC Executive Committee and later the entire CJCC for submission to the Michigan legislature;
and
WHEREAS ON May 10, 2007, this Board of Commissioners unanimously passed Miscellaneous
Resolution #07131 supporting passage of House Bill 4725; and
WHEREAS House Bill 4725 passed the House of Representatives on June 28, 2007 by a vote of 89 to
18; and
WHEREAS companion legislation known as House Bill 4234 includes a provision for the creation of a jail
population management plan and was also passed by the House of Representatives on June 28, 2007,
by a vote of 96 to 9.
NOW THEREFORE BE IT RESOLVED that this Board of Commissioners recognizes that chronic jail
overcrowding is a problem not only for Oakland County but for many counties throughout Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby concurs with the
need for legislative support for amendments to the Jail Overcrowding Emergency Act and appreciates the
efforts of Representative Paul Condino to sponsor H.B. 4725 and Representative Lorence Wenke to
sponsor H.B. 4234.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners enthusiastically reaffirms
its support of House Bill 4725 and House Bill 4234 and urges the State Senate to pass this important
legislation without further amendments at its earlier opportunity.
BE IT FURTHER RESOLVED that copies of this resolution shall be forwarded to the Michigan Senate
and the Michigan Association of Counties.
Chairperson, we move the adoption of the foregoing resolution.
HELAINE ZACK, MARCIA GERSHENSON,
VINCENT GREGORY, KAREN SPECTOR, JIM
NASH, GEORGE SUAREZ, HUGH
CRAWFORD, EILEEN KOWALL, JEFF
POTTER, THOMAS MIDDLETON, BRADFORD
JACOBSEN, DAVID POTTS, JOHN SCOTT,
MICHAEL GINGELL, CHRISTINE LONG, MIKE
ROGERS, BILL BULLARD, SUE ANN
DOUGLAS, MATTIE HATCHETT, TIM
GREIMEL, TIM BURNS
Commissioners Minutes Continued. July 19, 2007
336
Moved by Zack supported by Crawford to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #07174 – BOARD OF COMMISSIONERS – REAFFIRM SUPPORT FOR HOUSE BILL
4725 AND SUPPORT FOR HOUSE BILL 4234 AS PASSED BY THE HOUSE AND REFERRED TO THE
SENATE JUDICIARY COMMITTEE – AMENDMENTS TO THE JAIL OVERCROWDING EMERGENCY
ACT.
Vote on motion to suspend the rules:
AYES: Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez,
Zack, Bullard, Burns, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Hatchett. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #07174 – BOARD OF COMMISSIONERS – REAFFIRM SUPPORT
FOR HOUSE BILL 4725 AND SUPPORT FOR HOUSE BILL 4234 AS PASSED BY THE HOUSE AND
REFERRED TO THE SENATE JUDICIARY COMMITTEE – AMENDMENTS TO THE JAIL
OVERCROWDING EMERGENCY ACT carried.
Moved by Zack supported by Crawford the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack,
Bullard, Burns, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett.
(21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #07175
BY: Mike Rogers, District #14 and Michael J. Gingell, District #3, Jim Nash, District #15
IN RE: BOARD OF COMMISSIONERS – AFFIRM OAKLAND COUNTY’S COMMITMENT TO ENERGY
EFFICIENT BUILDINGS AND TECHNOLOGIES WHERE ECONOMICALLY FEASIBLE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has for many years incorporated energy efficient and other cost effective and
environmentally friendly technologies in its buildings to reduce long term facility maintenance and
operational costs, and resulting in savings of millions of dollars over the years; and
WHEREAS the Oakland County Board of Commissioners has long supported the Department of Facilities
Management initiatives in the referenced areas; and
WHEREAS Oakland County, through the Department of Facilities Management has been recognized for
its innovative energy efficient and other cost effective practices with various awards over the years.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
continued use of energy efficient and other cost effective efforts to reduce long term facility maintenance
and operational costs and environmentally friendly efforts when fiscally feasible and cost effective.
Chairperson, we move adoption of the foregoing resolution.
MIKE ROGERS, MICHAEL GINGELL, DAVID
POTTS, EILEEN KOWALL, BRADFORD
JACOBSEN, JOHN SCOTT, ROBERT
GOSSELIN, SUE ANN DOUGLAS, HUGH
CRAWFORD, JIM NASH, CHRISTINE LONG,
THOMAS MIDDLETON, MARCIA
GERSHENSON, TIM BURNS, KAREN
SPECTOR
Commissioners Minutes Continued. July 19, 2007
337
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
The Board adjourned at 10:50 a.m. to the call of the Chair or August 2, 2007, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson