HomeMy WebLinkAboutMinutes - 2008.02.07 - 844059
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
February 7, 2008
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:31 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell,
Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers,
Scott, Spector, Woodward, Zack. (23)
EXCUSED ABSENCE WITH NOTICE: Kowall, Suarez. (2)
Quorum present.
Invocation given by Helaine Zack.
Pledge of Allegiance to the Flag.
Moved by Crawford supported by Greimel the minutes of the January 17, 2008, Board Meeting be
approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Gosselin supported by Coulter the agenda be amended as follows:
Move Planning and Building, item b. from the Consent Agenda to Planning and Building, Item d. under
the Regular Agenda.
ITEMS ON BOARD AGENDA
GENERAL GOVERNMENT COMMITTEE
a. Miscellaneous Resolution #08013 – Oakland County Parks and Recreation Commission
– Approval and Acceptance of Purchase Agreement Parcel No. 13-24-126-012, 2896
Watkins Lake Road for Expansion of Waterford Oaks County Park.
(Reason for Suspension of General Government Committee, item a.: Waiver of Rule XII B: Was not
Officially Referred to Planning and Building Committee.)
Vote on agenda, as amended:
AYES: Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin,
Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
Commissioners Minutes Continued. February 7, 2008
60
Deputy County Clerk Constance Spak read a communication from Wendy Potts, Chief Judge, appointing
Anna Devers to the Personnel Appeal Board for a one-term beginning January 1, 2008. The
communication was received for filing.
Deputy County Clerk Constance Spak read a communication from L. Brooks Patterson, Oakland County
Executive, re-appointing Judith Cunningham and Gordon Snavely to the 2008 Claims Review Committee.
The communication was received for filing.
No one addressed the Board for public comment.
Moved by Gregory supported by Potter the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on
page 70. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*REPORT (MISC. #08013)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION – APPROVAL AND
ACCEPTANCE OF PURCHASE AGREEMENT PARCEL NO. 13-24-126-012, 2896 WATKINS LAKE
ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on January 29, 2008,
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 #08013
BY: General Government Committee, Christine Long, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMMISSION – APPROVAL AND
ACCEPTANCE OF PURCHASE AGREEMENT PARCEL NO. 13-24-126-012, 2896 WATKINS LAKE
ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee the
Oakland County Parks and Recreation Commission and the Department of Facilities Management, with
the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the
attached Purchase Agreement with Mr. Roger A. Kidwell, for the purchase of 2896 Watkins Lake Road,
Waterford Township; and
WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland
shall pay Roger A. Kidwell the sum of $160,000 via a cash sale for the purchase of said property subject
to the County performing its required due diligence investigation of the subject property; and
WHEREAS sufficient funding for said purchase is available in the Oakland County Parks and Recreation
Land Acquisition Fund; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Purchase Agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Purchase Agreement between the County
of Oakland as purchaser and Roger A. Kidwell, seller via a cash sale purchase.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Approval and Acceptance of Purchase Agreement – Kidwell Property, Resolution and Purchase
Agreement on file in County Clerk’s office.
Commissioners Minutes Continued. February 7, 2008
61
FISCAL NOTE (MISC. #08013)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION – APPROVAL AND
ACCEPTANCE OF PURCHASE AGREEMENT PARCEL NO. 13-24-126-012, 2896 WATKINS LAKE
ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
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 Oakland County Parks and Recreation Commission is seeking approval and
acceptance of a purchase agreement between the County of Oakland and Mr. Roger A.
Kidwell for the purchase of property at 2896 Watkins Lake Road, Waterford, Michigan.
2. The negotiated price is in the amount of $160,000. The land purchase will expand the
current acreage of Waterford Oaks County Park.
3. The purchase agreement was recommended for approval by the Oakland County Parks
and Recreation Commission on July 18, 2007.
4. No County funds are required for this acquisition.
5. Sufficient funds have been budgeted in the Parks and Recreation Fund. No budget
adjustments are recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 70.)
*MISCELLANEOUS RESOLUTION #08014
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
ROYAL OAK
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 Royal Oak 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 City of Royal Oak 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 Royal Oak 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 Royal
Oak.
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 Royal Oak and Oakland County to Utilize the Services of the
Oakland County Board of Canvassers on file with County Clerk’s office.
Commissioners Minutes Continued. February 7, 2008
62
FISCAL NOTE (MISC. #08014)
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 ROYAL
OAK
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 Royal Oak is requesting to utilize the services of the Oakland County Board of
Canvassers for a period of five (5) years.
3. The approval and exercise of this agreement will generate an estimated $625 (25 precincts @
$25 per precinct) of general fund revenue in the Board of Canvasser Services Fee line item for
Fiscal Year 2008/2009 with corresponding operating expense increases of the same amount in
the Fees Per Diems line item.
4. An amendment is recommended to the Fiscal Year 2008/2009 general fund budget to authorize
the exercise of this agreement and increase revenues and expenses as follows:
GENERAL FUND 10100 FY 2008 FY 2009
Revenue
2010301-185010-630147 Bd. of Canvasser Svc. Fee $ 625 $ 625
Total Revenues $ 625 $ 625
Expenditure
2010301-185010-730709 Fees-Per Diems $ 625 $ 625
Total Expenditures $ 625 $ 625
FINANCE COMMITTEE
(The vote for this motion appears on page 70.)
*REPORT (MISC. #08020)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – RESOLUTION REQUESTING PRESERVATION OF
CHANNEL LOCATIONS FOR PUBLIC, GOVERNMENTAL, AND EDUCATIONAL (PEG) CHANNELS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #08020 on January 28,
2008, reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #08020
BY: Tim Burns, District #19, Tim Greimel, District #11
IN RE: BOARD OF COMMISSIONERS – RESOLUTION REQUESTING PRESERVATION OF
CHANNEL LOCATIONS FOR PUBLIC, GOVERNMENTAL, AND EDUCATIONAL (PEG) CHANNELS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Comcast Cablevision is among the companies that furnish or will be furnishing cable
television subscriptions to residential customers; and
WHEREAS Oakland County cities, villages, townships (CVTs) and other governmental entities have
committed substantial resources to deliver programming on governmental and educational access
channels, also known as PEG; and
Commissioners Minutes Continued. February 7, 2008
63
WHEREAS Comcast Cablevision has indicated that it intends to change the channel lineup and location
of the public, educational, and governmental access (PEG) channels from locations within the basic tier of
first 100 channels , where they have been situated for many years, to the channel lineup in the 900’s; and
WHEREAS Comcast has in its letter of December 7, 2007, to Caren Collins Fifer, President Michigan
NATOA, asserted that digitizing PEG channels along with other channels frees up bandwidth on the cable
system which will provide even more channels and enhanced services; and
WHEREAS in actuality such a recommended change will in fact result in Comcast having the capability to
increase equivalent profitable bandwidth of one hundred seventy-seven digital elements resulting in the
potential for additional revenues at the expense of the consuming public; and
WHEREAS it appears the actual intention of Comcast is to avoid its community commitment to provide
PEG channels under Section 623 of the Michigan Communications Act for ease, convenience and use of
the cable subscriber; and
WHEREAS the new placement of these PEG channels would in effect be more likely not to be accessible
nor used by the subscriber due to their location from regular commercial programming; and
WHEREAS Comcast, as a commercial provider, is keenly aware that the relocation of the PEG channels
will eventually lead to its determination to abolish such channels in the future due to inaccessible
placement and thereby insufficiency of use; and
WHEREAS the initial intention of the Michigan Communications Act was to have the PEG channels in a
basic service tier which consists generally of the lower tiered channels and the current effort by Comcast
is to avoid that obligation and responsibility which it had originally contracted to perform with the
Intergovernmental Cable Communications Authority (ICCA); and
WHEREAS the result will be added cost, inconvenience, and confusion with respect to citizens who
intend to view educational and governmental access channels; and
WHEREAS it would appear Comcast is readjusting PEG from the basic service tier in order to market the
more profitable channel position for commercial programs and thereby sacrificing accessibility of PEG
locations now familiar to all subscribers; and
WHEREAS since Comcast’s announcement, many citizens have voiced their opposition to the news that
Comcast intends to change the location of PEG channels and require customers to have digital converter
box to receive channels at an unnecessary future additional expense.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
requests Comcast Cablevision to preserve the channel locations for public, educational, and
governmental access (PEG) channels in locations within the first 100 channels of basic tier service and
agree that they will not be changed in the future without the written consent of the CVTs or other
governmental entities which provide programming on such channels.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners’ lobbyist is instructed to
immediately work with the Michigan Legislature to amend Public Act 480 of 2006 to require that public,
educational, and government (PEG) channels remain within the first 100 channels of basic tier service
and that they will not be allowed to changed in the future without the written consent of the CVTs or other
governmental entities which provide programming on such channels.
BE IT FURTHER RESOLVED that the Oakland County Clerk forward copies of this adopted resolution to
Comcast, the Oakland County delegation to the Michigan Legislature, the Michigan Association of
Counties, the Michigan Municipal League and Oakland County’s legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
TIM BURNS, TIM GREIMEL, JIM NASH,
MARCIA GERSHENSON, DAVID COULTER,
HELAINE ZACK, VINCENT GREGORY, DAVID
POTTS, ERIC COLEMAN, THOMAS
MIDDLETON, DAVID WOODWARD, KAREN
SPECTOR, EILEEN KOWALL, BILL BULLARD,
HUGH CRAWFORD, CHRISTINE LONG,
MICHAEL GINGELL
(The vote for this motion appears on page 70.)
Commissioners Minutes Continued. February 7, 2008
64
*REPORT (MISC. #08025)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF
FINANCIAL REIMBURSEMENT FROM MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
REFINED PETROLEUM FUND – TEMPORARY REIMBURSEMENT PROGRAM FOR LEAKING
UNDERGROUND STORAGE TANK SITES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on January 29, 2008,
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 #08025
BY: General Government Committee, Christine Long, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF FINANCIAL
REIMBURSEMENT FROM MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY REFINED
PETROLEUM FUND – TEMPORARY REIMBURSEMENT PROGRAM FOR LEAKING UNDERGROUND
STORAGE TANK SITES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Environmental Quality has approved Oakland County Parks and
Recreation’s application for financial reimbursement from the Refined Petroleum Fund for the purpose of
implementing corrective actions at the Springfield Oaks Golf Course facility; and
WHEREAS eighty percent of eligible expenses for said corrective actions will be reimbursed up to an
amount of $50,000; and
WHEREAS the Oakland County Parks and Recreation Commission has funds available for the twenty
percent co-pay and additional costs associated with said corrective actions; and
WHEREAS the Oakland County Parks and Recreation Commission on January 9, 2008, supported the
approval and acceptance of said reimbursement; and
WHEREAS the Grant Project Agreement has been approved by the County Executive Contract Review
Process and Board of Commissioners’ Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Parks and Recreation Commission to receive said reimbursement as stated above, with said monies for
this project to come from Parks and Recreation funds.
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 – Parks and Recreation, E-mail regarding Grant Review: Parks and
Recreation – Refined Petroleum Fund, Letter from Jennifer M. Granholm, Governor, State of Michigan,
and Refined Petroleum Temporary Reimbursement Program Second Round Pre-Certification Application
on file in County Clerk’s office.
FISCAL NOTE (MISC. #08025)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF FINANCIAL
REIMBURSEMENT FROM MICHIGAN DEPARTMENT OF ENVIROMENTAL QUALITY REFINED
PETROLEUM FUND – TEMPORARY REIMBURSEMENT PROGRAM FOR LEAKING UNDERGROUND
STORAGE TANK SITES
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:
Commissioners Minutes Continued. February 7, 2008
65
1. The Michigan Department of Environmental Quality has approved the Oakland County
Parks and Recreation application for financial reimbursement from the Refined Petroleum
Fund for the purpose of implementing corrective actions at the Springfield Oaks Golf
Course facility, in the amount not to exceed $50,000.
2. The Oakland County Parks and Recreation Commission has sufficient funds available for
the twenty percent (20%) co-pay and additional costs associated with the corrective
actions, which amounts to $10,000.
3. Current total estimated costs of the project are $18,000.
4. A budget amendment to the Fiscal Year 2008 Parks and Recreation Fund is required as
detailed below:
PARKS AND RECREATION FUND #50800 FY 2008
Revenue
5060330-160010-650104 Spring Oaks GS Golf Op. Contributions $18,000
Operating Contributions
Expense
5060330-160010-730814 Spring Oaks GS Golf Grds. Maint. $18,000
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 70.)
*MISCELLANEOUS RESOLUTION #08015
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER – RESOLUTION APPROVING CONTRACT FOR THE OPERATION
AND MAINTENANCE OF THE BRANDON SCHOOL DISTRICT WASTEWATER TREATMENT PLANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Brandon School District (“School District”) is the owner of a wastewater treatment plant
(WWTP), providing service to the Brandon Schools Complex, located at 1025 South Ortonville Road,
Ortonville, Michigan, and as it may be expanded or altered from time to time; and
WHEREAS the School District has requested the assistance from the Oakland County Drain
Commissioner to provide the operation and maintenance of the WWTP in return for reimbursement of all
costs of providing such Services as set forth in the attached Contract (“Exhibit 1”); and
WHEREAS the Oakland County Drain Commissioner has determined, at the present time, that it has
sufficient personnel, possessing the requisite knowledge and expertise and is agreeable to assisting the
School District by providing the requested services under the terms and conditions of the attached
Contract; and
WHEREAS the attached contract has been reviewed and approved by Oakland County’s Corporation
Counsel.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan,
that the Oakland County-Brandon School District Operations and Maintenance Agreement Contract, by
and through the County Drain Commissioner and the Brandon School District, 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 as set forth in Exhibit 1 attached hereto for and on behalf of the
County, in as many counterparts as may be deemed advisable.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Brandon School District Wastewater Treatment Plant Operation and Maintenance Agreement,
Exhibit A - Scope of Services, and Exhibit A2 - Oakland County Drain Commissioner Operations and
Maintenance Division Proposed 2007-2008 Rates Brandon Schools Complex WWTP on file in County
Clerk’s office.
Commissioners Minutes Continued. February 7, 2008
66
FISCAL NOTE (MISC. #08015)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION APPROVING CONTRACT FOR THE OPERATION
AND MAINTENANCE OF THE BRANDON SCHOOL DISTRICT WASTEWATER TREATMENT PLANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. This resolution approves a Contract for the Oakland County Drain Commissioner to perform the
operations and maintenance of the Brandon School District’s wastewater treatment plant.
2. The Oakland County Drain Commissioner has sufficient staffing to assist the School District with
the requested services provided under the Contract.
3. The Brandon School District shall adopt a budget and provide funding as necessary under the
Contract to pay Oakland County for all cost associated with the operations and maintenance of
the wastewater treatment plant.
4. The Contract shall be effective for an initial term of ten (10) years and automatically extended an
additional ten years, unless either party agrees to terminate the Contract.
5. The School District agrees to provide the County with $5,000 to establish the Enterprise Fund for
the wastewater treatment plant.
6. Oakland County Drain Commissioner will establish the monthly recommended rate per month
needed in order to provide services set forth in the agreement. The current recommended rate is
$4,000 per month and will be updated as needed.
7. The following budget amendment is recommended to establish a System Enterprise Fund for
Fiscal Year 2008:
BRANDON SCHOOL DISTRICT WWTP FUND #57821
Revenue FY 2008
6010201-149030-632086 Sewage Disposal Services $33,000
Expense
6010201-149030-732102 Water and Sewage Charges $33,000
Total $33,000
FINANCE COMMITTEE
(The vote for this motion appears on page 70.)
*REPORT (MISC. #08017)
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
AGREEMENT WITH THE CHARTER TOWNSHIP OF LYON 2004-2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #08017 on January 30, 2008
reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #08017
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
AGREEMENT WITH THE CHARTER TOWNSHIP OF LYON 2004-2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to
enter into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol
services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
the Charter Township of Lyon, to provide law enforcement services to this community; and
Commissioners Minutes Continued. February 7, 2008
67
WHEREAS the current Law Enforcement Services Agreement with the Charter Township of Lyon will
expire on December 31, 2008; and
WHEREAS paragraph 24 of the 2004-2008 Law Enforcement Services Agreement with the Charter
Township of Lyon allows for an amendment to this agreement; and
WHEREAS the Charter Township of Lyon is requesting the addition of one (1) Deputy II (no-fill); and
WHEREAS the Sheriff has agreed to add one (1) Deputy II (no-fill) for the Charter Township of Lyon
under the terms of this agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the addition of one (1)
Deputy II (no-fill) in accordance with the Oakland County Sheriff’s Department 2004-2008 Law
Enforcement Services Agreement with the Charter Township of Lyon.
BE IT FURTHER RESOLVED that one (1) GF/GP Deputy II position be created effective February 16,
2008.
BE IT FURTHER RESOLVED that one (1) marked vehicle with MDC, camera, mobile and prep radio be
added to the county fleet effective February 16, 2008.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Charter Township of Lyon Schedule A-1 as amended 1/1/2008, 2004-2008 Law Enforcement
Services Agreement Amendment #2, and Letter from Lannie D. Young, Lyon Township Supervisor on file
in County Clerk’s office.
FISCAL NOTE (MISC. #08017)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF’S OFFICE - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
WITH THE CHARTER TOWNSHIP OF LYON 2004-2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Charter Township of Lyon has requested an amendment to the contract between the Charter
Township of Lyon and the Oakland County Sheriff for law enforcement services beginning July 1,
2005.
2. This amendment creates one (1) Deputy II position in the Contracted Patrol Unit, Patrol Services
Division, of the Sheriff’s Office, effective February 16, 2008.
3. The amendment also adds one (1) marked vehicle (with MDC, camera, mobile and prep radio) be
added to the county fleet.
4. Operating revenues and expenses will be increased by $68,977 for Fiscal Year 2008, and
$112,087 for Fiscal Year 2009.
5. A budget amendment to the Fiscal Year 2008 and 2009 budgets increasing revenue and
expenses is recommended below.
FY 2008 FY 2009
GENERAL FUND #10100
Revenue
4030601-110000-632093 Sheriff Spec. Deputies $ 68,977 $112,087
Total General Fund Revenue $ 68,977 $112,087
Expenditures
4030601-116180-702010-40080 Salaries Regular $ 34,124 $ 55,451
4030601-116180-722740-40080 Fringe Benefits $ 19,314 $ 31,385
4030601-110000-776661 Motor Pool $ 6,622 $ 10,760
4030601-110000-777560 Radio Comm. $ 405 $ 657
4030601-110000-772618 Equipment Rental $ 1,424 $ 2,314
4030901-110040-750070 Deputy Supplies $ 421 $ 685
4030101-112580-774677 Insurance Fund $ 539 $ 876
4030601-110000-773535 Info Tech CLEMIS $ 686 $ 1,115
4030510-116230-712020 Overtime $ 5,442 $ 8,844
Commissioners Minutes Continued. February 7, 2008
68
$ 68,977 $112,087
Capital Costs
4030601-116180-788001-66100 Trfrs to Motorpool $ 27,772
4030601-116180-788001-53600 Trfrs to Radio $ 5,687
4030601-116180-788001-53500 Trfrs to CLEMIS $ 5,195
4030601-116180-788001-66400 Trfrs to Equip Fund $ 5,775
9090101-196030-730359 Contingency ($ 44,429) $ -0-
Total General Fund Expenditures $ 68,977 $112,087
MOTOR POOL FUND #66100
Revenues
1030811-184010-631071 Leased Equipment $ 6,622 $ 10,760
1030811-184010-695500-10100 Trfrs from General $ 27,772 $ -0-
Total Motorpool Revenue $ 34,394 $ 10,760
Expenditures
1030811-184010-761156 Depreciation $ 6,622 $ 10,760
Total Motorpool Expenses $ 6,622 $ 10,760
Motorpool-Estimated Change in Fund Equity $ 27,772 $ -0-
RADIO COMMUNICATIONS FUND #53600
Revenues
1080310-115150-631071 Leased Equipment $ 404 $ 657
1080310-115150-695500-10100 Trfrs from General $ 5,687 $ -0-
Total Radio Comm. Revenue $ 6,091 $ 657
Expenditures
1080310-116170-750170 Expendable Equip. $ 404 $ 657
Total Radio Communications Expenses $ 404 $ 657
Radio Comm.-Estimated Change in Fund Equity $ 5,687 $ -0-
CLEMIS FUND #53500
Revenues
1080301-116080-630931 In-Car Terminals Int. $ 686 $ 1,115
1080301-116080-695500-10100 Trfrs from General $ 5,195 $ -0-
Total CLEMIS Revenue $ 5,881 $ 1,115
Expenditures
1080305-116020-761121 Depreciation Equipment $ 686 $ 1,115
Total CLEMIS Expenses $ 686 $ 1,115
CLEMIS-Estimated Change in Fund Equity $ 5,195 $ -0-
EQUIPMENT FUND #66400
Revenues
1020640-182060-630658 Equipment Rental $ 1,424 $ 2,314
1020640-182060-695500-10100 Trfrs from General $ 5,775 $ -0-
Total Equipment Fund Revenue $ 7,199 $ 2,314
Expenditures
1020640-182060-761121 Depreciation Equipment $ 1,424 $ 2,314
Total Equipment Fund Expenses $ 1,424 $ 2,314
Equipment Fund-Estimate Change in Fund Equity $ 5,775 $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 70.)
*MISCELLANEOUS RESOLUTION #08018
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT FOR SERVICES BETWEEN THE COUNTY OF WAYNE
AND THE COUNTY OF OAKLAND FOR WARRANT ENFORCEMENT PAROLE ABSCONDERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #06153 approved a contract with the County of Wayne and
Oakland for warrant enforcement parole absconders; and
Commissioners Minutes Continued. February 7, 2008
69
WHEREAS the Wayne County Sheriff has requested that the Oakland County Sheriff continue to
participate in a Parole Absconder Unit; and
WHEREAS the Sheriff has agreed to participate in said unit; and
WHEREAS the Sheriff is requesting to continue one (1) Deputy II and a vehicle to adequately perform
these duties; and
WHEREAS Wayne County has agreed to fund up to $6,250 a month towards this effort for 12 months;
and
WHEREAS the Sheriff has agreed to fund the remaining portion from the Sheriff’s Law Enforcement
Enhancement Account; and
WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds
forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law
enforcement efforts related to the Controlled Substances Act; and
WHEREAS the courts have distributed $1,055,010.94 to the Sheriff’s Office Law Enforcement
Enhancement Account (balance as of 12/31/07) as a result of Sheriff Department forfeiture efforts; and
WHEREAS the Sheriff is requesting that a portion of these funds be used to continue to fund this position
until September 30, 2008; and
WHEREAS the estimated costs are $114,768 for the period of October 1, 2007 through September 30,
2008, with Wayne County funding $75,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
use of the Sheriff’s Office Law Enforcement Enhancement Account (#10100-4030101-222430) to
continue funding one (1) GF/GP Deputy II position (#4030915-10498) with a vehicle in the amount of
$39,768 and authorizes the Chairperson of the Board to sign the attached contract for the period of
October 1, 2007 through September 30, 2008.
BE IT FURTHER RESOLVED that future level of service, including the Deputy II position (#10498) be
contingent upon the level of funding associated with this contract.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Contract for Services Between County of Wayne and the County of Oakland on file in County Clerk’s
office.
FISCAL NOTE (MISC. #08018)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT FOR SERVICES BETWEEN THE COUNTY OF WAYNE
AND THE COUNTY OF OAKLAND FOR WARRANT ENFORCEMENT PAROLE ABSCONDERS
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 Wayne County Sheriff requested that the Oakland County Sheriff participate in a Parole
Absconder Unit.
2. The resolution continues funding for one (1) Deputy II in the Technical Services Division to
perform these duties.
3. The resolution also continues funding for one (1) unmarked vehicle in the county fleet. Funding
will come from the Law Enforcement enhancement account.
4. The total cost of participating in the program is $114,768 for 12 months. Wayne County agreed
to reimburse the county up to $75,000 to offset the cost of the program. The Sheriff has agreed
to use $39,768 from the Law Enforcement Enhancement Account (4030101-222430) to cover the
shortfall.
5. The contract is effective from October 1, 2007 through September 30, 2008.
Commissioners Minutes Continued. February 7, 2008
70
6. A budget amendment for Fiscal Year 2008 is recommended as follows:
FY 2008
GENERAL FUND #10100
Revenue
4030901-110100-631869 Reimb. Salaries $ 75,000
4030101-112580-670285 Enhancement Funds $ 39,768
Total General Fund Revenue $114,768
Expenditures
4030901-110100-712020 Overtime $114,768
Total General Fund Expenditures $114,768
FINANCE COMMITTEE
Vote on Consent Agenda:
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
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 (with accompanying reports being accepted).
MISCELLANEOUS RESOLUTION #08026
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – FISCAL YEAR 2008 AND FISCAL YEAR
2009 BUDGET AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on September 20, 2007, the Oakland County Board of Commissioners adopted the Fiscal
Year 2008/Fiscal Year 2009 Budget, which balanced appropriated expenditures with anticipated revenues
in accordance with state statue; and
WHEREAS the adopted budget was based upon certain economic assumptions, most notably a certain
percentage of growth in the taxable value of real and personal property located within the County’s
borders; level of reimbursements and payments received from the state and federal governments; and
certain expenditure levels for mandated services; and
WHEREAS the local housing market, highlighted by record home foreclosures, has slumped to the point
that the property tax growth assumptions used to develop the adopted budget are no longer valid, leading
to reduced property tax revenue projections of ($6.3 million) for Fiscal Year 2008 and ($17.1 million) for
Fiscal Year 2009; and
WHEREAS there is an additional revenue loss as a result of the termination of the Medical Examiner
contract with Genesee County, and increased expenditure requirements for the boarding of juveniles
committed to the state; these have been partially offset by increased revenues for diverted felons and
anticipated reductions in debt service payments; and
WHEREAS the result of the above changes leaves the Fiscal Year 2008 General Fund/General Purpose
(GF/GP) budget with a $5.5 million shortfall, and the Fiscal Year 2009 GF/GP budget with a $15.5 million
shortfall; and
WHEREAS the Fiscal Year 2008 GF/GP budget must be balanced and good public policy dictates that
action be taken to mitigate the Fiscal Year 2009 shortfall; and
WHEREAS the County Executive has proposed a method to balance the Fiscal Year 2008 budget and
mitigate 80% of the Fiscal Year 2009 shortfall through the recognition of certain expenditure reductions as
well as the limited/short term use of non-General Fund balances, in the amounts that have increased
above required amounts, as well as limited use of the designated General Fund balance for Budget
Transition, which was created to smooth the impact of budget reductions on GF/GP operations; and
WHEREAS the proposed amendments will generate $8.7 million in additional resources in Fiscal Year
2008, which covers the projected shortfall and adds funds to the Budget Transition to mitigate future
shortfalls, and will generate $12.4 million in additional resource to assist in mitigating the projected Fiscal
Year 2009 shortfall; and
Commissioners Minutes Continued. February 7, 2008
71
WHEREAS these actions will still leave a projected shortfall of $3.0 million in Fiscal Year 2009 and $19.6
million in Fiscal Year 2010 that must be addressed in the Fiscal Year 2009/Fiscal Year 2010 budget
process; and
WHEREAS the County Executive strongly recommends that reductions be accelerated so as to reduce
the Fiscal Year 2010 shortfall as soon as possible.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners amends the
Fiscal Year 2008 and Fiscal Year 2009 budget, as specified on the attached schedule.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners adopts the formula
percentage allocation of the budget task based on the department’s or office’s percentage of General
Fund/General Purpose operating budget, which task shall not be less than $3.5 million for Fiscal Year
2008.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Amendments to the Fiscal Year 2008 and Fiscal Year 2009 General Fund/General Purpose
Budget, Oakland County On-Going Budget Issues, Estimated Budget Tasks Fiscal Year 2008 – Fiscal
Year 2010, and Memo regarding Fiscal Year 2008 Budget Shortfall and Fiscal Year 2009/2010 Budget
Preparation on file in County Clerk’s office.
Moved by Rogers supported by Coulter the resolution be adopted.
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard, Burns. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #08027
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - ADJUSTMENTS
TO THE HEALTH DIVISION FEE SCHEDULE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners has recommended returning every three years for a review and
possible update of fees; and
WHEREAS the Health Division has reviewed the fee schedule for certain personal health and
environmental health services; and
WHEREAS these fees have not been adjusted since 2003; and
WHEREAS it is indicated certain fees should be adjusted upward at this time; and
WHEREAS certain other fees are recommended to be established; and
WHEREAS fees for vaccines will be adjusted annually commensurate with changes in the cost of the
vaccine; and
WHEREAS certain environmental health activities benefit the individual person or firm being regulated as
well as the public; and
WHEREAS a percentage of benefit as established by the Board of Commissioners (Miscellaneous
Resolution #82369) has been applied to these fees; and
WHEREAS the fees being recommended for adjustment are listed on the attached schedules A and B.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
Health Division fee schedule, as detailed on the attached schedules A and B, effective immediately.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. February 7, 2008
72
Copy of Oakland County Health Division Fee Schedule A - Fiscal Year 2008 Environmental Health Fees
for Service and Oakland County Health Division Fee Schedule B - Fiscal Year 2008 Clinical Fees for
Service on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE JOB EVALUATION REVIEW
PANEL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the recommendation by the Personnel
Committee, recommends the following Commissioners to serve on the Job Evaluation Review Panel for a
one-year term ending 12/31/08:
JOB EVALUATION REVIEW PANEL (one-year term ending 12/31/08)
John Scott
Eric Coleman
George Suarez, alternate
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
REPORT
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: JOB EVALUATION REVIEW PANEL APPOINTMENTS
To the Oakland County General Government Committee
Chairperson, Ladies and Gentlemen:
The Personnel Committee recommends the following Commissioners to serve on the Job Review Panel
for one year commencing January 1, 2008:
Commissioners John Scott
Eric Coleman
George Suarez, alternate
Chairperson, on behalf of the Personnel Committee, I submit the foregoing report.
PERSONNEL COMMITTEE
Moved by Long supported by Burns the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Chairperson Bill Bullard, Jr. asked if there were any other nominations; hearing none, the nominations
were closed.
Moved by Long supported by Burns the appointments of Commissioners John Scott, Eric Coleman, and
George Suarez (alternate) to the Job Evaluation Review Panel for a one-year term ending December 31,
2008 be confirmed.
Vote on appointment:
AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack,
Bullard, Burns, Coleman. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointments of Commissioners John Scott, Eric Coleman,
and George Suarez (alternate) to the Job Evaluation Review Panel for a one-year term ending December
31, 2008 were confirmed.
Commissioners Minutes Continued. February 7, 2008
73
MISCELLANEOUS RESOLUTION #08028
BY: Personnel Committee, Thomas Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2008 - 2010 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY TEAMSTERS LOCAL 214
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and Teamsters Local 214, have been negotiating a contract covering
approximately 18 Sheriff’s Office employees; and
WHEREAS a three year agreement has been reached for the period October 1, 2007, through September
30, 2010, and said agreement has been reduced to writing; and
WHEREAS this agreement provides for a 1% increase for Fiscal Year 2008; and the same increase as
the general, non-represented employees for Fiscal Years 2009 and 2010, to be provided to this
bargaining unit at the same time and in the same manner as the general non represented employees;
and
WHEREAS this agreement provides for the healthcare benefit contribution increases for 2008 and 2009,
provided for in Miscellaneous Resolution #07216 be applied to this bargaining unit; and
WHEREAS the retention bonus currently provided to eligible employees represented by this bargaining
unit will continue as follows: $1,000 for 2008, $1,000 for 2009, and $500 for 2010; and
WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends
approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and Teamsters Local 214 covering the period of October 1,
2007, through September 30, 2010, 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 Summary of Tenative Agreement between the County of Oakland and Teamsters Local 214 on
file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08029
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: HUMAN RESOURCE DEPARTMENT – VOLUNTARY SEPARATION INCENTIVE PAY
RETIREMENT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS Michigan’s continuing “one state recession,” rising unemployment and reductions in the
taxable value of real estate are adversely affected Oakland County government’s operating revenues;
and
WHEREAS Michigan’s continuing economic distress has led the Department of Management and Budget
to project significant budget short-falls for Fiscal Years 2008, 2009, and 2010; and
WHEREAS the economic uncertainty demands Oakland County government reduce operational
expenses while improving efficiency and effectiveness; and
WHEREAS one recognized means of reducing operational expenses while simultaneously creating
opportunities for reorganization and restructuring is to provide a voluntary separation incentive for County
employees to retire; and
WHEREAS approximately 520 employees will meet the eligibility criteria for a direct retirement from
County employment as of August 31, 2008; and
WHEREAS the proposed VOLUNTARY SEPARATION INCENTIVE PROGRAM FOR RETIREMENT has
been reviewed and is recommended by the County Executive as a mechanism to reduce workforce
levels, create position vacancies and provide Department Directors and Elected Officials with the
opportunity to reduce costs and reorganize and restructure operations.
Commissioners Minutes Continued. February 7, 2008
74
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
implementation of the following VOLUNTARY SEPARATION INCENTIVE PROGRAM FOR
RETIREMENT to be offered to non-represented Retirement System members and represented
Retirement System members whose collective bargaining agreement provides for a “me too” who will be
eligible to retire on or before August 31, 2008.
BE IT FURTHER RESOLVED that the VOLUNTARY SEPARATION INCENTIVE PROGRAM FOR
RETIREMENT may be offered during a 153-day window of opportunity beginning April 1, 2008, and
ending August 31, 2008, with said incentive being a lump sum payment of one week of base salary plus
service increment (maximum of 35 weeks), determined as of December 31, 2007, for each full year of
retirement service as of December 31, 2007.
BE IT FURTHER RESOLVED that funding for the VOLUNTARY SEPARATION INCENTIVE PROGRAM
FOR RETIREMENT shall be obtained from surplus funds available in the existing Oakland County
Employees Retirement System retirement account.
BE IT FURTHER RESOLVED that employees on the defined benefit and defined contribution retirement
plans desiring to participate in the VOLUNTARY SEPARATION INCENTIVE PROGRAM FOR
RETIREMENT must file written application to retire no less than 30 days in advance of their requested
retirement date with the Retirement Commission, on the appropriate form, but in no event shall the
application form be filed later than May 30, 2008.
BE IT FURTHER RESOLVED that the lump sum VOLUNTARY SEPARATION Retirement Incentive pay
shall not be included in the final average compensation (FAC) for employees on the defined benefit plan
and no additional contributions will be made to an employees defined contribution plan by the County or
the employee as a result of this lump sum payment.
BE IT FURTHER RESOLVED that employees wishing to participate in the VOLUNTARY SEPARATION
INCENTIVE PROGRAM FOR RETIREMENT must be present at work the week prior to their retirement
date.
BE IT FURTHER RESOLVED that the County Executive, through the Department of Human Resources
acting pursuant to 1973 Public Act 139, is authorized to negotiate participation in the VOLUNTARY
SEPARATION INCENTIVE PROGRAM FOR RETIREMENT with represented Retirement System
members in collective bargaining proceedings.
BE IT FURTHER RESOLVED that elected officials are not eligible for the INCENTIVE PROGRAM FOR
RETIREMENT.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08030
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – WASTE
RESOURCE MANAGEMENT - RESOLUTION APPROVING AN AMENDMENT TO THE PROVISIONS
OF A BROWNFIELD CLEANUP REVOLVING LOAN FOR THE FORMER SANICEM LANDFILL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland Brownfield Initiative (OBI) was established in 2000 upon designation by the US
EPA of Oakland County as a Brownfield Demonstration Pilot Community, and was further assisted by a
US EPA Brownfield Revolving Loan Fund Cleanup Grant (BCRLF) in September of 2002, to facilitate the
redevelopment of contaminated and underutilized properties to provide new taxes, jobs, and protect the
health and environment of Oakland County and its residents; and
WHEREAS the former Sanicem landfill site in Orion Township has been a longstanding environmental
hazard, a “facility” under state statute, and a tax-reverted, non-producing parcel for many years; and
WHEREAS Brownfield clean up and redevelopment plans have been prepared to restore the
environmental and economic viability of this parcel within Orion Township and the City of Auburn Hills;
and
WHEREAS the Brown Road Group, LLC has assumed environmentally-related development costs
estimated at over $10 million and actively begun environmental response, removal and brownfield
Commissioners Minutes Continued. February 7, 2008
75
redevelopment of the former Sanicem site pursuant to agreements and under law and regulation of the
US EPA and the Michigan DEQ; and
WHEREAS OBI, in consultation with US EPA and Corporation Counsel, and the Brown Road Group, LLC
have developed a Brownfield Clean Up Loan Agreement (attached) which satisfies BCRLF grant
requirements, CERCLA/NCP clean up standards, and oversight and repayment terms and conditions of
the parties, to facilitate the partial funding of methane and leachate control systems during the
construction phase of redevelopment; and
WHEREAS it is necessary to amend Resolution No. 04166 in order to provide an amendment to the loan.
The amendment will extend the term of the credit facility agreed by both Oakland County and the Brown
Road Group LLC, upon certain terms and conditions listed here:
1. All references in the Loan Documents to the maturity of the Note and/or to the Initial Term of the
Note and/or to the due date for the repayment of the Note are hereby modified and/or deemed to be
referenced to the date of November 30, 2008.
2. Borrower acknowledges and confirms the provisions of the Note that in the event the Note is not
repaid in full on or before November 30, 2008, the principal amount shall increase by the sum of
$50,000.00. Borrower further acknowledges and confirms the provisions of the Note that in the event
the Note is repaid after November 30, 2008, the principal amount shall increase by the further
additional sum of $25,000.00 on each November 30 occurring thereafter during which the principal
amount of the Note remains outstanding. Borrower and Lender further acknowledge and confirm
that starting on December 1, 2008, the outstanding principal balance, including any additions to the
principal set forth in this paragraph, shall be repaid on a monthly amortizing basis using a rate of 2%
above the then applicable Prime and a three (3) year amortization. The loan, including all principal,
additions to principal and the interest that accrues thereon shall be paid in full not later than
December 1, 2011.
3. Lender acknowledges and confirms that the interest rate remains as set forth in the first paragraph of
the Note and that no default penalties or interest has accrued or been made applicable to the date of
execution hereof and that the provisions of paragraph 2 above supersede and replace any and all
duplicate or conflicting provisions in the Loan Documents.
4. Except as amended hereby, in all other respects, the Loan Documents remain in full force and effect;
and
WHEREAS the provision of such funding will greatly advance the overall mission of OBI, the specific
requirements of the BCRLF grant, and contribute to the timely success of this important clean up and
redevelopment project.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
approve the making of a Brownfield Clean Up Loan to the Brown Road Group, LLC, and authorize the
Chairman of the Board to execute the attached agreement, promissory note, and other documents as
required to complete the loan.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of letter from Law Offices of Fred Gordon, P.C., First Amendment of Loan Documents,
Acknowledgement, Consent, Confirmation and Amendment, and Copy of Miscellaneous Resolution
#04166 on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #08016)
BY: Finance Committee, Mike Roger, Chairperson
IN RE: DRAIN COMMISSIONER – FRANKLIN SUBWATERSHED DRAINAGE DISTRICT DRAIN
BONDS – FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee having reviewed the above referenced resolution on January 31, 2008, reports
with the recommendation the resolution be amended to change 1st WHEREAS paragraph to read Series
2008.
Commissioners Minutes Continued. February 7, 2008
76
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #08016
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER – FRANKLIN SUBWATERSHED DRAINAGE DISTRICT DRAIN
BONDS – FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Drainage Board for the Franklin Subwatershed, by resolution adopted on December 14,
2007, authorized and provided for the issuance by the Franklin Subwatershed Drainage District of its
Drain Bonds, Series 2007 (the "Bonds") in the aggregate principal amount of not to exceed $765,000 to
defray part of the cost of the Ten Hill Road and Wallbrook Court Project of the Franklin Subwatershed;
and
WHEREAS the Bonds will be dated as of such date, will bear interest at such rates not to exceed 8% per
annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and
will be subject to redemption prior to maturity as shall be determined at the time of sale by the Oakland
County Drain Commissioner as Chairman of the Drainage Board for the Franklin Subwatershed; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of
and interest on the Bonds (the "Bonds"); and
WHEREAS the Ten Hill Road and Wallbrook Court Project of the Franklin Subwatershed is necessary to
protect and preserve the public health and, therefore, it is in the best interest of the County that the Bonds
be sold.
NOW THEREFORE BE IT RESOLVED:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended,
the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of
the County for the prompt payment of the principal of and interest on the Bonds, and agrees that,
in the event the Charter Township of West Bloomfield or the County shall fail or neglect to
account to the County Treasurer of the County for the amount of any special assessment
installment and interest when due, the amount thereof shall be advanced immediately from
County funds, and the County Treasurer is directed to make such advancement to the extent
necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of
County funds all or any part of an installment and Interest, it shall be the duty of the County
Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
remedies permitted or authorized by law for the reimbursement of such sums so paid.
3. The County Treasurer or the financial consultant, Municipal Financial Consultants Incorporated, is
authorized, if necessary, to file with the Department of Treasury of the State of Michigan on
behalf of the County an Application for State Treasurer's Approval to Issue Bonds with respect to
the Bonds.
4. The County Treasurer is authorized, if necessary, to approve the circulation of a nearly final and
final official statement for the Bonds, to cause the preparation of those portions of the nearly final
and final official statement that pertain to the County, and to do all other things necessary for
compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended
(the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to
do all other things that are necessary to effectuate the sale and delivery of the Bonds.
5. The County Treasurer is hereby authorized, if necessary, to execute and deliver in the name and
on behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the "Continuing
Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
Commissioners Minutes Continued. February 7, 2008
77
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (MISC. #08016)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DRAIN COMMISSIONER – FRANKLIN SUBWATERSHED DRAINAGE DISTRICT DRAIN
BONDS – FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Drainage Board for the Franklin Subwatershed is requesting that the Board of
Commissioners pledge the full faith and credit of the County of Oakland for the payment
of principal and interest on the Franklin Subwatershed Drainage District Drain Bonds,
Series 2008 pursuant to the Drain Code of 1956 as amended.
2. The bond issue is not to exceed $765,000 and is to be used to defray part of the cost of
constructing the Ten Hill Road and Wallbrook Court Project of the Franklin
Subwatershed.
3. The Bonds shall bear an interest rate not to exceed 8% per annum, will be in aggregate
principal amounts, will mature in such years and principal amounts and will be callable
prior to maturity as determined necessary by the drainage Board for the Franklin
Subwatershed.
4. The statutory limit for County debt is $7,733,108,203 (10% of State Equalized Value). As
of December 31, 2007, the total pledged debt is $883,380,408 or approximately 1.142%
of the S.E.V.
5. The estimated project cost of $765,000 will be apportioned to the following Public
Corporations as follows with $539,822.25 or 70.565% to the Charter Township of West
Bloomfield and $225,177.75 or 29.435% to Oakland County for county roads.
6. The Public Corporations will pay for the bonds through a Special Assessment Roll for the
Franklin Subwatershed.
7. Funding is available in the Fiscal Year 2008 Non-Departmental Current Drain
Assessments account to cover the County’s portion of the project.
8. No budget amendment is required.
FINANCE COMMITTEE
Moved by Douglas supported by Coleman the resolution (with fiscal note attached) be adopted.
Moved by Douglas supported by Coleman the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Douglas supported by Coleman the resolution be amended to coincide with the
recommendation in the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack,
Bullard, Burns, Coleman, Coulter. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
Commissioners Minutes Continued. February 7, 2008
78
Commissioner Potter stated there were no items to report on the regular agenda for the Public Services
Committee.
MISCELLANEOUS RESOLUTION #08031
BY: David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR “DIVIDED WE FAIL” EFFORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the opportunity to have access to health care and long-term financial security is a basic need
that all Americans share and it is the foundation for future generations; and
WHEREAS all Americans should have access to affordable health care, including prescription drugs, and
these costs should not burden future generations; and
WHEREAS wellness and prevention efforts, including changes in personal behavior such as diet and
exercise, should be top national priorities; and
WHEREAS Americans should have choices when it comes to long-term care - allowing them to maintain
their independence at home or in their communities with expanded and affordable financing options; and
WHEREAS we believe all Americans should have peace of mind about their future long-term financial
security; and
WHEREAS our children and grandchildren should have an adequate quality of life when they retire.
Social Security must be strengthened without burdening future generations; and
WHEREAS workers should be provided with financial incentives to save, should have access to effective
retirement plans, and should be able to keep working and contributing to society regardless of age; and
WHEREAS Americans of all ages should have access to tools to help manage their finances, and save
for the future and better, easy to understand information to help them increase their financial literacy and
manage their money wisely; and
WHEREAS individuals, businesses, health care providers, non-profit organizations, and government must
work together to find solutions - personally, privately and publicly; and
WHEREAS AARP, the Business Roundtable, the Service Employees International Union and the National
Federation of Independent Business have committed to be champions for this new American Dream by
launching Divided We Fail, an effort that engages millions of Americans to call their elected leaders to
work together across party lines to provide answers, action and accountability on these issues.
NOW THEREFORE BE IT RESOLVED that the County of Oakland, in the State of Michigan, supports this
Divided We Fail effort and urges our state and federal elected officials and candidates to do the same.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to AARP, the Business Roundtable, the Oakland County Business Roundtable, the
Service Employees International Union, the National Federation of Independent Business, the Oakland
County delegation to the Michigan and United States Legislature, the Michigan Association of Counties,
the National Association of Counties and Oakland County’s legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, ERIC COLEMAN,
VINCENT GREGORY, MATTIE HATCHETT,
MARCIA GERSHENSON, KAREN SPECTOR,
JIM NASH, DAVID COULTER, HELAINE ZACK,
TIM BURNS
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 9:45 a.m. to the call of the Chair or March 6, 2008, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson