HomeMy WebLinkAboutMinutes - 2007.10.18 - 8427470
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
October 18, 2007
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:41 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector,
Suarez, Woodward, Zack. (23)
EXCUSED ABSENCE WITH NOTICE: Rogers. (1)
EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1)
Quorum present.
Invocation given by David Potts.
Pledge of Allegiance to the Flag.
Moved by Middleton supported by Burns the minutes of the October 4, 2007, Board Meeting be approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Kowall supported by Coulter the agenda be amended by adding proclamation presentation
honoring police officer Roy Gilbert.
Vote on agenda, as amended:
AYES: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector,
Suarez, Woodward, Zack. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
Chairperson Bill Bullard, Jr. along with Commissioners Kowall, Scott, Middleton, Oakland County Sheriff
Michael Bouchard and Deputy County Executive Gerry Poisson presented a proclamation honoring
Police Officer Roy Gilbert for his tremendous service and national achievement.
Chairperson Bill Bullard, Jr. introduced John Hertel who presented to the Board of Commissioners an
update on regional transportation planning. He also answered various questions.
Commissioners Minutes Continued. October 18, 2007
471
The following people addressed the Board: Allan Meltzer, Donnis Reese, and Richard Rondeau the
Executive Director of MADD for Southeast Michigan.
Moved by Long supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted. The vote for this motion appears on page 479. The resolutions on the Consent Agenda follow
(annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #07237
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION -
CONCURRENCE OF OAKLAND COUNTY BOARD OF COMMISSIONERS WITH COUNTY
EQUALIZATION MANAGER TO ELECT TO AUDIT HOMESTEAD EXEMPTIONS UNDER THE
PROVISIONS OF PUBLIC ACT 105 OF 2003, MCL 211.7cc(10)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Legislature created a homestead exemption audit program in Public Act 105 of
2003 in order to generate revenue for Michigan school districts; and
WHEREAS Public Act 105 allows counties to deny improper homestead exemptions and pays counties
for the work involved in reviewing homestead exemptions; and
WHEREAS PA 103 of 2003 imposes interest of 1- 1/4 per cent per month on denied homestead
exemptions, and earmarks that interest to townships/cities, counties, and the Department of Treasury with
seventy percent (70%) of the interest going to the entity that denies the exemption with the other entities
sharing the remaining interest; and
WHEREAS under prior law, county officials could not deny any homestead exemptions and assessors
could not deny prior year exemptions but under PA 105 of 2003, county equalization directors and county
treasurers now have the same authority as Treasury to deny exemptions for the current year and three
prior years, if the county chooses to accept this authority; and
WHEREAS the election by County Equalization Manager (who functions as the County’s Equalization
Director) to audit homestead exemptions under the provisions of PA 105 of 2003 needs the concurrence
by resolution of the County Board of Commissioners; and
WHEREAS by Miscellaneous Resolution #03253 the Oakland County Board of Commissioners initially
authorized the Oakland County Equalization Manager to elect to audit homestead exemptions under the
provisions of PA 105 of 2003; and
WHEREAS under the provisions of PA 105 of 2003 after an initial election to audit homestead exemptions
is made, subsequent elections to audit homestead exemptions must be made every two (2) years.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby renews
its authorization to the Oakland County Equalization Manager to elect to audit homestead exemptions
under the provisions of PA 105 of 2003.
BE IT FURTHER RESOLVED that in order to accomplish the election to audit and the audit of homestead
exemptions the Oakland County Equalization Manager is authorized to execute the documents entitled
“County Election to Audit Principal Residence Exemptions” and “Exchange Agreement Between The
Michigan Department of Treasury and Oakland County Michigan” that are attached hereto.
BE IT FURTHER RESOLVED that the special revenue fund established by Miscellaneous Resolution
#03253 to record all expenditures incurred, and revenue received, as a result of homestead exemptions
audits be continued.
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 479.)
Commissioners Minutes Continued. October 18, 2007
472
*MISCELLANEOUS RESOLUTION #07230
BY: General Government Committee, Christine Long, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO
UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CITY OF
BIRMINGHAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised
Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as
provided by Public Act 116 of 1954, as amended; and
WHEREAS the City of Birmingham is requesting to utilize the services of the Oakland County Board of
Canvassers for the November 6, 2007 election; and
WHEREAS Oakland County Corporation Counsel has drafted an agreement for the City of Birmingham to
utilize the services of the Oakland County Board of Canvassers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the attached agreement with the City of Birmingham to utilize the services of the Oakland County Board of
Canvassers.
BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of
Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of
Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Agreement between the County and City of
Birmingham.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of letter from Nancy M. Weiss, City Clerk, City of Birmingham and Agreement between the City of
Birmingham and Oakland County to Utilize the Services of the Oakland County Board of Canvassers on
file in County Clerk’s office.
FISCAL NOTE (MISC. #07230)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION - AGREEMENT TO UTILIZE
THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CITY OF
BIRMINGHAM
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 Clerk Register of Deeds – Elections Division is authorized to establish a revised Board of
Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification
as provided by Public Act 116 of 1954.
2. The City of Birmingham is requesting to utilize the services of the Oakland County Board of
Canvassers for the November 6, 2007 election.
3. The approval and exercise of this agreement will generate an estimated $250 of general fund
revenue in the Board of Canvasser Services Fee line item for Fiscal Year 2008, with
corresponding operating expense increases of the same amount in the Fees Per Diems line
item.
4. A budget amendment is recommended for the Fiscal Year 2008 Adopted Budget to authorize
the exercise of this agreement and increase revenues and expenses as follows:
Commissioners Minutes Continued. October 18, 2007
473
GENERAL FUND 10100 FY 2008 Revenue
2010301-185010-630147 Bd. Of Canvasser Svc. Fee $ 250
Total Revenues $ 250
Expenditure
2010301-185010-730709 Fees-Per Diems $ 250
Total Expenditures $ 250
FINANCE COMMITTEE
(The vote for this motion appears on page 479.)
*MISCELLANEOUS RESOLUTION #07232
BY: Personnel Committee, Thomas Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2007 COLLECTIVE BARGAINING
AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS
ASSOCIATION (COA)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the COA have negotiated an extension of the current collective
bargaining agreement for Fiscal Year 2007 for approximately 102 Sheriff Office Command Officers; and
WHEREAS this agreement provides for 2% increase 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 the agreement including other modifications has been reduced to writing in the form of a
Memorandum of Agreement; and
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 collective
bargaining agreement extension between the County of Oakland and the Command Officers Association
covering the period of October 1, 2006, through September 30, 2007, 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 on file in County Clerk’s office.
FISCAL NOTE (MISC. #07232)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2007 COLLECTIVE BARGAINING
AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS
ASSOCIAITON (COA)
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. Fiscal Year 2007 annual wage and benefit cost for the 2% salary increase is $214,838 and
was included in the Fiscal Year 2007 budget. (Salaries of $156,246 and Fringe Benefits of
$58,592). The Fiscal Year 2008 and Fiscal Year 2009 Adopted Budget includes funding for
the Fiscal Year 2007 agreement.
2. Additional cost of clothing allowance of $100 for 15 employees is $1,500 per year. Funding is
available in contingency for Fiscal Year 2007, Fiscal Year 2008 and Fiscal Year 2009.
3. Increased cost of fitness day is $30,498 for a total of $91,800. A budget amendment is
recommended to Fiscal Year 2008 and Fiscal Year 2009. Funding is available in the Class
and Rate Change account.
Commissioners Minutes Continued. October 18, 2007
474
4. The Fiscal Year 2007 Amended Budget, and the Fiscal Year 2008/Fiscal Year 2009 Adopted
Budget included the general Salary increases.
5. A budget amendment is recommended for Fiscal Years 2007, 2008, and 2009 as follows:
GENERAL FUND #10100 FY 2007 FY 2008 FY2009
Expenditures
9090101-196030-730359 Contingency $( 1,500) $( 1,500) $( 1,500)
9090101-196060-740037 Class and Rate Chg 0 (91,800) (91,800)
4030301-112590-702085 Corrective Srv-Fitness Leave 0 23,868 23,868
4030401-116270-702085 Correct. Srv Sat-Fitness Leave 0 11,016 11,016
4030501-116230-702085 Emerg. Train, Comm.-Fitness 0 3,672 3,672
4030601-116180-702085 Patrol-Fitness Leave 0 33,966 33,966
4030901-110040-702085 Invest/Forensic-Fitness Leave 0 19,278 19,278
4030901-110040-730303 Clothing Allowance 1,500 1,500 1,500
Total Expenditures $ -0- $ -0- $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 479.)
*MISCELLANEOUS RESOLUTION #07233
BY: Personnel Committee, Thomas Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2008 COLLECTIVE BARGAINING
AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY
PROSECUTOR’S INVESTIGATORS ASSOCIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Oakland County Prosecutor’s Investigators Association have
negotiated an extension of the current collective bargaining agreement for Fiscal Year 2008 for
approximately seven Prosecutor’s Investigators; and
WHEREAS this agreement provides for 1% increase effective with the pay period beginning September
29, 2007; and
WHEREAS this agreement provides that health care for the employees represented by this bargaining
unit will be consistent with the health care changes described in the County Executive’s budget
recommendation for fiscal year 2008, such modifications to begin January 1, 2008; and
WHEREAS the agreement has been reduced to writing in the form of a Memorandum of Agreement; and
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 collective
bargaining agreement extension between the County of Oakland and the Oakland County Prosecutor’s
Investigators Association covering the period of October 1, 2007, 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 on file in County Clerk’s office.
FISCAL NOTE (MISC. #07233)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2008 COLLECTIVE BARGAINING
AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY
PROSECUTOR’S INVESTIGATORS ASSOCIATION
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:
Commissioners Minutes Continued. October 18, 2007
475
1. The County of Oakland and the Oakland County Prosecutor’s Investigators Association have
previously negotiated a contract covering approximately seven (7) employees (Miscellaneous
Resolution #05028) for the period October 1, 2004 through September 30, 2007.
2. The County of Oakland and the Oakland County Prosecutor’s Investigators Association have
agreed to a contract extension for Fiscal Year 2008 (October 1, 2007 through September 30,
2008).
3. The employees represented by this bargaining unit will receive the same benefit
modifications as general non-represented County employees for fiscal year 2008.
4. The Fiscal Year 2008 salary and related fringe benefit cost equals $5,057, (Salaries $3,630,
Fringe Benefits $1,427). The General Fund amount equals $2,529 (Salary $1,815, Fringe
Benefits $713) with the remaining portion of the costs being absorbed by grant funding.
5. All costs have been included in the Fiscal Year 2008/Fiscal Year 2009 Adopted Budget. No
amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 479.)
*MISCELLANEOUS RESOLUTION #07234
BY: Personnel Committee, Thomas Middleton, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION – REQUEST FOR APPROVAL OF CONTRACT WITH A
FORMER COUNTY EMPLOYEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners has authorized and recognized the value of
professional services contracts with former county employees and established a criteria for such
arrangements in resolution #93300 to ensure the appropriate review and approval of such professional
services contractual arrangements; and
WHEREAS the Circuit Court’s Psychological Clinic, each year, continues to experience significant growth
in referrals. In 1997, the Clinic received 1,177 referrals for psychological evaluation and in 2006, the
Clinic received 2,135 referrals, an increase of 81%; and
WHEREAS it has been determined by the Circuit Court that an effective way to handle this increase in
referrals and provide court-ordered psychological evaluation services to the Court is through the use of
Professional Service contracts with local experts in the field; and
WHEREAS Julie Kwon was a Senior Psychologist for the Circuit Court’s Psychological Clinic for
approximately 5 years as an employee; and
WHEREAS the Circuit Court Family Division (Clinical Services Unit) is requesting a contract with Julie
Kwon from September 30, 2007 through September 29, 2010; and
WHEREAS the cost for this contract is not to exceed $40,000 over the life of the contract and funding is
included in the Circuit Court’s Professional Services line item; and
WHEREAS this contract is contingent upon final approval by Personnel and Finance Committees because it
involves a former County employee.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
professional services contract between the County and psychologist Julie Kwon.
Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (MISC. #07234)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: CIRCUIT COURT – FAMILY DIVISION – REQUEST FOR APPROVAL OF CONTRACT WITH
FORMER COUNTY EMPLOYEE
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:
Commissioners Minutes Continued. October 18, 2007
476
1. Resolution authorizes Circuit Court to enter into contract with a former Oakland County
employee to perform psychological services for the Circuit Court - Family Division’s
Psychological Clinic.
2. The terms of the contract are for a period of three (3) years, beginning September 30, 2007
through September 29, 2010, with a not exceed amount of $40,000 over the life of the
contract.
3. Funding for this action is available in the Circuit Court Family Divisions Professional Services
line item account.
4. No budget amendment is necessary.
FINANCE COMMITTEE
(The vote for this motion appears on page 479.)
*MISCELLANEOUS RESOLUTION #07238
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT/FRIEND OF THE COURT – 2008 ACCESS AND VISITATION GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Friend of the Court submitted a renewal application for the Federal
Access and Visitation Grant administered through the State Court Administrative Office (SCAO); and
WHEREAS this grant is for services to be performed in conjunction with HAVEN, which facilitates
parenting time (visitation) for certain cases as determined by the Court; and
WHEREAS the Friend of the Court has been awarded the grant for services performed through such
agencies not to exceed $24,000 for the period covering October 1, 2007 through September 30, 2008;
and
WHEREAS there are no required in-kind matching funds from HAVEN, or the Oakland County Friend of
the Court.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
2008 Access and Visitation Grant in an amount not to exceed $24,000.
BE IT FURTHER RESOLVED that the Oakland County Friend of the Court will contract with HAVEN to
provide the services as detailed in the grant award.
BE IT FURTHER RESOLVED that matching funds are no longer required by this grant from HAVEN or
the Oakland County Friend of the Court.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Friend of the Court and Agreement between Michigan Supreme Court
State Court Administrative Office and 6th Circuit Court Oakland County Friend of the Court on file in
County Clerk’s office.
FISCAL NOTE (MISC. #07238)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: CIRCUIT COURT/FRIEND OF THE COURT – 2008 ACCESS AND VISITATION 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 Oakland County Friend of the Court (FOC) submitted a renewal application for the
Federal Access and Visitation Grant through the State Court Administrative Office (SCAO).
2. The grant is for services to be performed in conjunction with agencies that facilitate
parenting time (visitation) for certain cases as determined by the court.
Commissioners Minutes Continued. October 18, 2007
477
3. The FOC has been awarded this grant for services not to exceed $24,000 for the period
covering October 1, 2007 through September 30, 2008.
4. The FOC will contract with HAVEN to provide the supervised parenting time and neither
HAVEN nor the Circuit Court/FOC are required to provide matching funds or services as
stated in previous years’ grant awards.
5. The total grant budget is $24,000, which represents a $7,150 reduction from the previous
year’s amended award, due to reduced funding available for allocation by the State.
6. No additional cost will be incurred by the County with accepting this grant.
7. The Fiscal Year 2008 Adopted Special Revenue Budget is $17,150, therefore an
amendment of $6,850 is recommended as follows:
FUND 27120 – FOC ACCESS VISITATION
Revenue FY 2008
3010401-126030-615571 Grants-State $ 6,850
Expenditure
3010401-126030-731458 Professional Services $ 6,850
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 479.)
*MISCELLANEOUS RESOLUTION #07239
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – CRIME SUPPRESSION TASK FORCE INTERLOCAL AGREEMENT
AND BYLAWS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners has authorized several Interlocal Agreements
for various entities; and
WHEREAS the Sheriff along with several local police agencies is requesting the Board of Commissioners
approve the attached Interlocal Agreement; and
WHEREAS if the Board of Commissioners approves the Interlocal Agreement, then the Sheriff will
present the finalized agreements to the Chairperson of the Board for signature; and
WHEREAS the Sheriff and the Crime Suppression Task Force Advisory Board have agreed to the bylaws
and the Interlocal Agreement; and
WHEREAS Corporation Counsel has approved the attached agreement and bylaws.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreement and authorizes the Chairperson of the Board to sign the agreements.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of E-mail regarding Approved – Crime Suppression Task Force Interlocal Agreement and By Laws,
Oakland County Crime Suppression Task Force Agreement, and Oakland County Crime Suppression
Task Force Bylaws on file in County Clerk’s office.
(The vote for this motion appears on page 479.)
*MISCELLANEOUS RESOLUTION #07240
BY: Public Services Committee, Jeff Potter Chairperson
IN RE: CRIMINAL JUSTICE COORDINATING COMMITTEE - JAIL OVERCROWDING STUDY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has experienced jail overcrowding problems for the last several years most
recently resulting in several local Court ordered and statutory early releases; and
WHEREAS in 2006 the Oakland County Board of Commissioners created the Criminal Justice
Coordinating Council (CJCC) to plan, develop and implement innovative programs to alleviate jail
overcrowding; and
Commissioners Minutes Continued. October 18, 2007
478
WHEREAS the Criminal Justice Coordinating Council has worked closely with the Sheriff’s Department,
Courts, Prosecuting Attorney and other stakeholders in the criminal justice system to insure that cases
move as efficiently as possible, reducing delays and thus the number of jail days; and
WHEREAS the Criminal Justice Coordinating Council has determined that additional information is
needed to identify the cost of initial processing of inmates into the jail; and
WHEREAS the Criminal Justice Coordinating Council has determined that additional data is needed on
inmates who are admitted to the jail without a next court date and how long those inmates stay.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests that
the Department of Management and Budget and the Sheriff’s Office work together in conducting a
financial analysis to determine the actual “up-front” costs of processing an inmate into jail compared to
the average daily cost per day in order to identify the true cost of short-term jail stays.
BE IT FURTHER RESOLVED that the courts, Sheriff’s Office and Community Corrections develop a
process to ensure that in-jail defendants have a next court date scheduled when returning to the jail from
court to assist in reducing the pre-trial length of stay.
Chairperson, on behalf of the Public Services Committee I move the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Vote on Consent Agenda:
AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez,
Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
MISCELLANEOUS RESOLUTION #07241
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – 2007 APPORTIONMENT OF LOCAL TAX
RATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS your Finance Committee on Local Taxes has examined certificates, statements, papers and
records submitted to it from the various townships, cities and villages having taxes to be spread upon the
Tax Rolls, and has checked these documents with the pertinent laws, specifically Section 37 General
Property Tax Laws, and has caused corrections to be made where necessary; and
WHEREAS your committee has prepared tax certificates showing the certified rates as adjusted by
M.C.L. 211.34, M.C.L. 211.34D, and M.C.L. 211.34E of the General Property Tax Laws, authorized to be
spread against state taxable valuations, which certificates are submitted herewith, and which are the
basis for the tabulation above mentioned, and it is recommended that the Board of Commissioners
authorize the Equalization Director to sign these certificates; and
WHEREAS the electorate of the State of Michigan amended Article IX of the constitution and added
Section 36; and
WHEREAS the legislature, as directed, implemented said legislation under Section 37 of the General
Property Tax Act and the 1976 State School Code, as amended; and
WHEREAS the certified rates are subject to M.C.L. 211.36 which allows additional millage to be voted up
to and including December 7, 2007 for schools and, if adopted, up to and including November 6, 2007 for
taxing jurisdictions, as specified in said section; said additional millage(s) would require Board approval
before they could be spread; and
WHEREAS the electorate of the State of Michigan voted to limit school operating levies on homestead
and non-homestead property taxes in accordance with this report.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopt the
attached certificates with the recommendations herein contained as part of the permanent records of the
Board.
Commissioners Minutes Continued. October 18, 2007
479
BE IT FURTHER RESOLVED that the Equalization Director be authorized and directed to sign the
several tax certificates on which the attached tabulation was based, thereby authorizing and directing the
various assessing officers to spread the rates against the taxable valuation set forth herein for 2007.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Apportionment of Local Tax Rates on file in County Clerk’s office.
Moved by Kowall supported by Zack the resolution be adopted.
AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Hatchett,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward,
Zack, Bullard, Burns. (22)
NAYS: Greimel. (1)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #07188
BY: General Government Committee, Christine A. Long, Chairperson
IN RE: INFORMATION TECHNOLOGY – REQUEST TO EXTEND THE EMERGENCY TELEPHONE
OPERATIONS SURCHARGE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #99279 authorized the various telephone companies throughout
the County to levy up to four (4%) percent operational surcharge for emergency telephone operations
(with the actual levy being $.57 per wireline, as defined; while the authorized amount could have been up
to $.80 per line) with recognition that the surcharge would expire on December 31, 2006 (the same time
as the enabling surcharge legislation); and
WHEREAS Miscellaneous Resolution #06167 extended authorization to collect the operational surcharge
at a reduced rate of $.28 per wireline through December 31, 2007, the date through which the enabling
legislation was extended; and
WHEREAS that more permanent and equitable solution, Senate Bills 410 and 411, are currently pending
in the Michigan legislature that will amend the Emergency Telephone Service Enabling Act and enable a
County Board of Commissioners to authorize an operational surcharge on all communication devices
capable of accessing 9-1-1 and not just wireline telephones through December 31, 2011; and
WHEREAS Senate Bills 410 and 411 will also enable a state-wide surcharge on all communication
devices capable of accessing 9-1-1 and not just on wireless telephones, distributed under an existing
State formula; and
WHEREAS the provisions of the amended legislation will include an opportunity for a County Board of
Commissioners to review the amount of operational surcharge it has authorized by April 1 of each year
and adjust the amount effective July 1 of that year; and
WHEREAS there is no conclusive data available on the number of communication devices within Oakland
County that would be eligible for surcharge under the provisions of the amended legislation; and
WHEREAS the provisions of the proposed amended legislation require that a County advise the Michigan
Public Services Commission of its intended initial surcharge rate effective January 1, 2008 by September
15, 2007; and
WHEREAS the existing wire line surcharge would cease on December 31, 2007 absent the approval by
the Board of Commissioners regardless of the extension of the underlying state legislation; and
WHEREAS the continued operational surcharge will provide funding for the operation and maintenance of
the new, county-wide, radio system; and
WHEREAS comprehensive financial statements have been provided quarterly to the Board of
Commissioners, project cash flow projections have been provided on a semi-annual basis to the Board of
Commissioners and the County Executive’s Fiscal Year 2008 and 2009 Budget Recommendation all of
which contain known costs for the operation of the new, county-wide radio system; and
Commissioners Minutes Continued. October 18, 2007
480
WHEREAS the continued operational surcharge will also provide funding for a migration solution for the
presently decentralized and rapidly aging 911 Call-Taking Equipment at the local public safety answering
points to an IP-Based solution by enabling a centralized solution over the County’s OAKNet; and
WHEREAS the extension of the surcharge at a requisite amount is estimated at $.28 per communications
device which includes $.19 per communications device to cover operations and anticipated loss of lines
plus another $.09 per communications device for the IP-based 9-1-1 call taking equipment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, pursuant to
and pending passage of Michigan Senate Bills 410 and 411, authorizes the extension of the operational
surcharge per communications device for the period of January 1, 2008 through December 31, 2009 in
the amount of $.28 per communications device to cover the operations and necessary provisions of the
Radio Communications Fund, including $.19 per communications device to cover radio operations plus
another $.09 per communications device for the IP-based 9-1-1 call taking equipment; with the amount of
operational surcharge to be evaluated prior to April 1 of each year and revised as appropriate and
necessary.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (MISC. #07188)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: INFORMATION TECHNOLOGY – REQUEST TO EXTEND THE EMERGENCY TELEPHONE
OPERATIONS SURCHARGE
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, pending passage of Michigan Senate
Bills 410 and 411, to authorize extension of the operational surcharge per communications
device for period of January 1, 2008 through December 31, 2009 in the amount of $.28 per
communications device.
2. The Senate Bills 410 and 411 will enable the County Board of Commissioners to authorize an
operational surcharge through December 31, 2011 with an opportunity to evaluate amount of
the surcharge prior to April 1 of each year and make revisions as necessary.
3. While there is no conclusive data on the number of communication devices within Oakland
County, it has been estimated that twelve months of surcharge equates to $2,080,009.
4. The estimated requisite amount to cover radio operations has been included in revenue
within the Radio Communications Fund Fiscal Year 2008 and Fiscal Year 2009 County
Executive Recommended budget; therefore, a budget amendment is not recommended.
FINANCE COMMITTEE
Moved by Long supported by Coulter the resolution be postponed until the November 1, 2007, Board
meeting.
Vote on motion to postpone:
AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward,
Zack, Bullard, Burns, Coulter. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was postponed until the November 1, 2007,
Board meeting.
Commissioners Minutes Continued. October 18, 2007
481
MISCELLANEOUS RESOLUTION #07242
BY: General Government Committee, Christine Long
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – INTERLOCAL AGREEMENT BETWEEN
OAKLAND COUNTY AND THE CHARTER TOWNSHIP OF OXFORD FOR THE FIRE RECORDS
MANAGEMENT SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners approved the acquisition of the Fire Records
Management System in Miscellaneous Resolution #99309; and
WHEREAS the purpose of the Fire Records Management System is to capture and create fire records
from the inception of a 9-1-1 call, to include the additional computer-aided dispatch information, and
complete the recording in a standard records management system, promoting communication and the
sharing of fire records among the municipalities that participate; and
WHEREAS the Department of Information Technology, the Department of Corporation Counsel, and the
Fire Governance Committee have developed a Fire Records Management System Interlocal Agreement
setting forth the rights and obligations of the County and the municipalities participating in the Fire
Records Management System; and
WHEREAS the Oakland County Board of Commissioners authorized the execution of the attached
Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045; and
WHEREAS the Charter Township of Oxford would like to participate in the Fire Records Management
System.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board of Commissioners to sign the attached Fire Records Management System
Interlocal Agreement with the Charter Township of Oxford.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Fire Records Management Agreement between Oakland County and Oxford Fire Department on
file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #07243
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - EXTENSION OF ADDITIONAL
COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS additional compensation for overtime exempt employees in the Information Technology
Department at a straight-time hourly rate for all hours worked beyond 48 hours in a workweek for specific,
pre-approved assignments has been annually authorized beginning with Miscellaneous Resolutions
#99155; and
WHEREAS the Human Resource Department initially developed and proposed this approach in response
to the occasional, identified need of the Information Technology Department to address a particular
technical project or problem; and
WHEREAS the Human Resource Department has assessed the value and cost of this program and found
it provides the Director of Information Technology with an effective management tool which is cost and
project-effective compared to other alternatives such as contracted staff; and
WHEREAS updated usage statistics of Additional Compensation for Overtime Exempt Employees is
provided to the Board of Commissioners in each Information Technology Master Plan Quarterly Status
report; and
WHEREAS Miscellaneous Resolution #06192 required that this additional compensation provision be
subject to review and evaluation for continuation by the Board of Commissioners after one year.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes, for one year, Fiscal
Year 2008, additional compensation for overtime exempt employees in the Information Technology
Commissioners Minutes Continued. October 18, 2007
482
Department (excluding Managers and the Director) at a straight-time hourly rate for all hours worked
beyond 48 hours in a work week (hours worked beyond 48 in a work week must be pre-approved by
supervision in order to be compensable) for specific pre-approved assignments.
BE IT FURTHER RESOLVED that Information Technology will continue to report on the usage of
additional compensation for overtime exempt employees in the Master Plan Quarterly Status document.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #07244
BY: General Government Committee, Christine Long, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO
UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CITY OF
AUBURN HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised
Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as
provided by Public Act 116 of 1954, as amended; and
WHEREAS the City of Auburn Hills is requesting to utilize the services of the Oakland County Board of
Canvassers for the November 6, 2007 election; and
WHEREAS Oakland County Corporation Counsel has drafted an agreement for the City of Auburn Hills to
utilize the services of the Oakland County Board of Canvassers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the attached agreement with the City of Auburn Hills to utilize the services of the Oakland County Board of
Canvassers.
BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of
Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of
Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Agreement between the County and City of Auburn
Hills.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of City of Auburn Hills Resolution #07.09.170 and Agreement between the City of Auburn Hills and
Oakland County to Utilize the Services of the Oakland County Board of Canvassers on file in County
Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #07245
BY: General Government Committee, Christine Long, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO
UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CITY OF
TROY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised
Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as
provided by Public Act 116 of 1954, as amended; and
Commissioners Minutes Continued. October 18, 2007
483
WHEREAS the City of Troy is requesting to utilize the services of the Oakland County Board of
Canvassers for the November 6, 2007 election; and
WHEREAS Oakland County Corporation Counsel has drafted an agreement for the City of Troy to utilize
the services of the Oakland County Board of Canvassers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the attached agreement with the City of Troy to utilize the services of the Oakland County Board of
Canvassers.
BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of
Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of
Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Agreement between the County and City of Troy.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Agreement between the City of Troy and Oakland County to Utilize the Services of the Oakland
County Board of Canvassers on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #07246
BY: General Government Committee, Christine Long, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO
UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE
TOWNSHIP OF SOUTHFIELD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised
Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as
provided by Public Act 116 of 1954, as amended; and
WHEREAS the Township of Southfield is requesting to utilize the services of the Oakland County Board
of Canvassers for a period of 5 years; and
WHEREAS Oakland County Corporation Counsel has drafted an agreement for the Township of
Southfield to utilize the services of the Oakland County Board of Canvassers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the attached agreement with the Township of Southfield to utilize the services of the Oakland County Board
of Canvassers.
BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of
Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of
Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Agreement between the County and Township of
Southfield.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Agreement between the Township of Southfield and Oakland County to Utilize the Services of
the Oakland County Board of Canvassers on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. October 18, 2007
484
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE SOLID WASTE PLANNING
COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the vacancies on the Act 641 Solid Waste
Planning Committee, recommends the filling of the seats as follows:
SOLID WASTE PLANNING COMMITTEE (Two-Year Terms ending 10/11/2009)
John Myers, Solid Waste Industry
Christy Clark, General Public
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County
Clerk’s office.
Moved by Long supported by Nash the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Nash the appointment of John Myers to the Solid Waste Planning
Committee for a two year term ending October 11, 2009, be confirmed.
Chairperson Bill Bullard, Jr. asked if there were any other nominations; hearing none, the nominations
were closed.
Vote on appointment:
AYES: Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall,
Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns,
Coulter, Crawford. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointment of John Myers to the Solid Waste Planning
Committee for a two year term ending October 11, 2009, was confirmed.
Moved by Long supported by Nash the appointment of Christy Clark to the Solid Waste Planning
Committee for a two year term ending October 11, 2009, be confirmed.
Chairperson Bill Bullard, Jr. asked if there were any other nominations; hearing none, the nominations
were closed.
Vote on appointment:
AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long,
Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter,
Crawford, Douglas. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointment of Christy Clark to the Solid Waste Planning
Committee for a two year term ending October 11, 2009, was confirmed.
Commissioner Middleton stated there were no items to report for the Personnel Committee on the
Regular Agenda.
Commissioners Minutes Continued. October 18, 2007
485
MISCELLANEOUS RESOLUTION #07247
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: FACILITIES AND MAINTENANCE OPERATIONS AND DRAIN COMMISSIONER – OAKLAND
COUNTY – OAKLAND TOWNSHIP WATER SUPPLY SYSTEM, RESOLUTION ACCEPTING
DONATION OF 10.08 ACRES AND AQUIFER LOCATED AT STONEY CREEK AND LAKE GEORGE,
OAKLAND TOWNSHIP, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County owns and operates the Oakland County - Charter Township of Oakland Water
Supply System (“Oakland Township Water Supply System”) pursuant to Act 185 of the Public Act of 1957,
as amended (“Act 185”); and
WHEREAS from time to time, property owners have donated land and well water supply systems and
facilities to the County which have become part of the Oakland Township Water Supply System; and
WHEREAS Section 6 of Public Act 139 of the Public Acts of 1973, as amended authorizes the County to
accept gifts and grants-in-aid from a government or private source; and
WHEREAS Oakland Explorations LLC, a Michigan limited Liability Company, (“Oakland Explorations”)
owns certain property (the “Property”) located in the Charter Township of Oakland, Oakland County,
Michigan described as follows:
A part of the Southwest ¼ of Section 9, T.4N., R.11E., Oakland Township, Oakland
County, Michigan being described as: Commencing at the South ¼ corner of said
Section 9, thence N. 86◦40’43”W., 603.07 ft. along the South line of Section 9 to the Point
of Beginning. Thence continuing along said line, N. 86◦40’43”W., 1541.53 ft., thence N.
00◦10’38”W., 61.11 ft., thence S. 86◦40’43”E., 745.26 ft., thence N. 03◦19’17”E., 154.00
ft., thence S. 86◦40’43”E., 210.00 ft., thence N. 03◦19’17”E., 376.60 ft., thence S.
86◦40’43”E., 590.00 ft., thence S. 03◦19’17”W., 591.60 ft. to the Point of Beginning and
containing 10.08 acres. Subject to an easement for ingress and egress over the
following described portion of said property: Commencing at the South ¼ corner of
Section 9, thence N. 86◦40’43”W., 1403.07 ft. along the South line of Section 9 to the
Point of Beginning; thence continuing along said line, N. 86◦40’43”W., 741.53 ft.; thence
N. 01◦10’38”W., 61.11 ft.; thence S. 86◦40’43”E., 745.26 ft.; thence S. 03◦19’17”W., 60.00
ft. to the Point of Beginning. Also, subject to the rights of the public in Stoney Creek
Road; and
WHEREAS Oakland Explorations (“Donor”) proposes to make a charitable donation to the County
(“Donee”) consisting of the Donor’s right, title, and interest in the Property, including all rights to
subsurface water that are appurtenant to and associated with the Property, together with the drilled water
wells located on the Property in accordance with the provisions of the Declaration of Charitable Donation
(“Donation Agreement”) attached hereto as Exhibit A.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as
follows:
1. APPROVAL OF DONATION AGREEMENT. The Donation Agreement between the County,
by and through the County Drain Commissioner and the Donor, which agreement 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 in
substantially the form set forth on Exhibit A hereto for and on behalf of the County, in as many
counterparts as may be deemed advisable.
2. APPROVAL OF ALL DOCUMENTS RELATING TO TRANSFER AND CHARITABLE
DONATION. The Drain Commissioner is hereby authorized and directed to execute, deliver
and properly record all documents relating to the transfer and acceptance of the Property,
together with the drilled water wells located on the Property subject to and in accordance with
the provisions of the Declaration of Charitable Donation.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Commissioners Minutes Continued. October 18, 2007
486
Copy of Exhibit “A” Declaration of Charitable Gift, Exhibit A Legal Description, Exhibit B Warranty Deed,
Exhibit A Property Description, Exhibit C Assignment and Bill of Sale, Exhibit D Internal Revenue Service
Form 8283, Parcel “A”, Parcel “B”, and Parcel “C” on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioner Potter stated there were no items to report for the Public Services Committee on the
Regular Agenda.
MISCELLANEOUS RESOLUTION #07248
BY: Commissioners Eileen Kowall, District #6 and David Coulter, District #25
IN RE: BOARD OF COMMISSIONERS - RESCISSION OF MISCELLANEOUS RESOLUTION #06193
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on October 5, 2006, at the request of the Sixth Judicial Circuit Court, the Oakland County
Board of Commissioners adopted Miscellaneous Resolution #06193 which, among other things, sought to
declare this Board’s approval for the creation of a new judgeship in the Sixth Judicial Circuit Court to be
filled by election in 2008; and
WHEREAS Miscellaneous Resolution #06193 also expressed the Board’s intent that its support for the
new judgeship and the accompanying personnel, facilities, and operating costs would be provided “in
accordance with the statutes of the State of Michigan, the Michigan Court Rules, the Michigan
Constitution, and the County’s General Appropriations Act” (emphasis added); and
WHEREAS pursuant to the Minutes of the October 5, 2006, meeting of the Oakland County Board of
Commissioners, the Board clearly intended that the issue of the new judge would come back to the Board
in 2007-2008 for additional review, deliberation, and details in the County’s 2008 budget cycle and further
articulated and finalized in the County’s 2008-2009 General Appropriations Act; and
WHEREAS because the Board’s resolution also included language consistent with MCL 600.550,
specifically that the Board of Commissioners “approves the creation of [the] judgeship,” the State Court
Administrative Office (SCAO) notified the Elections Division of the Department of State that a new
judgeship for the Sixth Judicial Circuit Court should be placed on the ballot for the November, 2008
election cycle; and
WHEREAS passage of Miscellaneous Resolution #06193 also resulted in the enactment of PA 607 of
2006 which amended MCL 600.507 to provide that the Sixth Judicial Circuit Court may have one
additional judge effective January 1, 2009 (emphasis added); and
WHEREAS in late May, 2007, the County Administration advised the Circuit Court that the new judgeship
cannot be supported given the County’s strained financial circumstances and, further, that the County’s
General Appropriations Act would not reflect the additional judge for the Circuit Court; and
WHEREAS during the County’s Fiscal Year 2008-2009 budget process, the Circuit Court and the County
Administration negotiated an arrangement to provide for a visiting judge program to assist with the Court’s
dockets; and
WHEREAS on September 20, 2007, by unanimous vote, this Board of Commissioners approved the
County’s General Appropriations Act for Fiscal Year 2008-2009, which does not include an appropriation
for a new judgeship for the Circuit Court, but does instead formally adopt funding for the visiting judge
program referenced above.
NOW THEREFORE BE IT RESOLVED that due to Oakland County’s strained financial circumstances,
the Oakland County Board of Commissioners hereby acknowledges that the additional judge for the Sixth
Judicial Circuit Court cannot be supported at this time.
BE IT FURTHER RESOLVED that this Board of Commissioners hereby rescinds Miscellaneous
Resolution #06193 and affirms that the additional judge and its accompanying personnel, operating, and
facility costs are not included in the County’s 2008-2009 General Appropriations Act.
BE IT FURTHER RESOLVED that this Board regrets the necessity to rescind Miscellaneous Resolution
#06193 but fiscal responsibility and prudence demand rescission in this matter.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to send a copy of this resolution to
the State Court Administrative Office, the Department of State Elections Division, and the Michigan
Legislature.
Commissioners Minutes Continued. October 18, 2007
487
Chairperson, we move the adoption of the foregoing resolution.
EILEEN KOWALL, DAVID COULTER, HUGH
CRAWFORD, THOMAS MIDDLETON,
CHRISTINE LONG, DAVID POTTS, MICHAEL
GINGELL, JOHN SCOTT, SUE ANN
DOUGLAS, JEFF POTTER, ROBERT
GOSSELIN, JIM NASH, MARCIA
GERSHENSON, KAREN SPECTOR, GEORGE
SUAREZ, TIM GREIMEL, HELAINE ZACK, TIM
BURNS, VINCENT GREGORY
Moved by Coulter supported by Kowall to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #07248 – BOARD OF COMMISSIONERS – RESCISSION OF MISCELLANEOUS
RESOLUTION #06193.
Vote on motion to suspend the rules:
AYES: Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash,
Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford,
Douglas, Gershenson. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #07248 – BOARD OF COMMISSIONERS – RESCISSION OF
MISCELLANEOUS RESOLUTION #06193 carried.
Moved by Coulter supported by Kowall the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter,
Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas,
Gershenson, Gingell. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Commissioner Kowall addressed the Board.
MISCELLANEOUS RESOLUTION #07249
BY: Bradford C. Jacobsen, District 1
IN RE: DRAIN COMMISSIONER - REQUEST FOR $150,000 LOAN FROM THE LONG TERM
REVOLVING FUND FOR REPAIR OF THE OXFORD MULTI-LAKES LEVEL CONTROL STRUCTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Cedar Lake, Clear Lake, Long Lake, Squaw Lake, Squaw Lagoon, Tan Lake and Michelson
Lake are inland lakes located in the Charter Township of Oxford, County of Oakland, State of Michigan
(“Oxford Multi-Lakes”); and
WHEREAS the Circuit Court for the County of Oakland, by Court order on May 9, 1973 established the
normal lake levels for the Oxford Multi-Lakes pursuant to the provisions of Part 307, Inland Lake Levels,
of the Natural Resources and Environmental Protection Act (NREPA), MCLA 324.30701 et seq. (“Part
307”); and
WHEREAS said court order confirmed the boundaries of the special assessment district for Oxford Multi-
Lakes; and
Commissioners Minutes Continued. October 18, 2007
488
WHEREAS the Office of the Drain Commissioner, as the delegated authority, inspected the lake level
control structure utilized to maintain the normal levels for the Oxford Multi-Lakes and has determined that
the public health, safety and welfare of the property owners and residents of Oxford Township require the
repair of the structure; and
WHEREAS the estimated the cost of the repair is $163,000; and
WHEREAS pursuant to Part 307, Section 30711 provides that the County Board of Commissioners may
determine that the whole or part of the cost of a project shall be defrayed by special assessments against
the following lands that are benefited by the project: privately owned parcels of land, political subdivisions
of the state and state owned lands under the jurisdiction and control of the Michigan Department of
Environmental Quality; and
WHEREAS pursuant to Part 307, Section 30715, the County Board of Commissioners may also provide
that the special assessments on properties benefited may be made in installments; and
WHEREAS pursuant to Miscellaneous Resolution #02019, adopted February 21, 2002 established a
Long Term Revolving Fund to assist in the financing of water and sewer projects that do not require the
issuance of bonds.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. The County Board of Commissioners hereby authorizes an advance of $150,000 from the
County’s Long Term Revolving Fund to the Oxford Multi-Lakes Special Assessment
District with an annual interest rate of 5.06% for the repair of the Oxford Multi-Lakes lake
level control structure (“Repair Project”).
2. All costs of the Repair Project shall be defrayed by special assessments against the
following lands that are benefited by the project: privately owned parcels of land, political
subdivisions of the state and state owned lands under the jurisdiction and control of the
Michigan Department of Environmental Quality.
3. The special assessment on benefited lands may be applied in five (5) annual
installments.
4. The delegated authority is authorized to compute all costs relating to the Repair Project
and prepare a special assessment roll.
5. The delegated authority shall proceed with a public hearing on the repair project and
prepare a special assessment roll in accordance with Part 307 of the Michigan Natural
Resources and Environmental Protection Act (MCL 324.30701 et seq.).
Chairperson, I move the adoption of the foregoing resolution.
BRADFORD JACOBSEN
The Chairperson referred the resolution to the Planning and Building Committee and the Finance
Committee. There were no objections.
Commissioner Burns addressed the Board.
The Board adjourned at 10:50 a.m. to the call of the Chair or November 1, 2007, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson