HomeMy WebLinkAboutMinutes - 2008.03.06 - 844280
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 6, 2008
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:49 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, Kowall, Long, Middleton, Nash, Potter, Potts,
Rogers, Scott, Spector, Woodward, Zack. (24)
EXCUSED ABSENCE WITH NOTICE: Suarez. (1)
Quorum present.
Chairperson Bill Bullard, Jr. asked for a moment of silence for Robert Long, who was Commissioner
Christine Long’s father-in-law. Mr. Long was formerly the Supervisor of Commerce Township and was
also a member of the Board of Supervisors.
Invocation given by Tim Burns.
Pledge of Allegiance to the Flag.
Moved by Gregory supported by Crawford the minutes of the February 7, 2008, 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 to move Public Services Committee, item
a. from the Consent Agenda to the Regular Agenda.
Vote on agenda, as amended:
AYES: Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin,
Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers,
Scott, Spector, Woodward, Zack. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
County Executive, L. Brooks Patterson, along with Chairperson Bill Bullard, Jr., Commissioners Mattie
Hatchett and Tim Greimel, issued a Special Proclamation saluting the Notre Dame Preparatory Girls
Volleyball Team on an outstanding record fifty-four win season and a Class B State Volleyball
Championship Title. Mr. Patterson asked the Commissioners of the districts in which each of the girls live
to join them for the presentation.
Commissioners Minutes Continued. March 6, 2008
81
County Executive, L. Brooks Patterson presented awards to Commissioner Sue Ann Douglas for fifteen
years of service, Commissioner Vince Gregory for ten years of service and Commissioner Eric Coleman
for ten years of service to Oakland County Government.
Paul Ajegba, M-DOT OCSC Manager, along with members of his staff, gave a presentation on the U.S.
Draft Environmental Impact Statement for the Detroit River International Crossing Study and answered
questions from the Commissioners.
Deputy County Clerk/Register of Deeds James H. VanLeuven read a communication from L. Brooks
Patterson, County Executive, appointing Harry Broomfield, Jr., Ph.D., Shalon Lee, Honorable Phyllis C.
McMillen, James Perlaki and Pamela Truran to fill vacancies on the Substance Abuse Advisory Council.
The terms of these appointments are from October 1, 2007 through September 30, 2009. Without
objection, the appointments were received and filed.
Deputy County Clerk/Register of Deeds James H. VanLeuven read a communication from L. Brooks
Patterson, County Executive, reappointing David Coulter, Hugh Crawford, Doug Etkin, Dan Hunter,
Thomas Law, Keith Lerminiaux, Peter Webster, Doug Williams and Eric Wilson to the Oakland County
Brownfield Redevelopment Authority Board of Directors. Without objection, the appointments were
confirmed.
The following people addressed the Board: Christopher Cummins, Oakland County Historic Commission,
and Bill McMaster of Taxpayers United.
Moved by Potter supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted. The vote for this motion appears on page 90. The resolutions on the Consent Agenda follow
(annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #08032
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: TREASURER – BIRMINGHAM CSO DRAINAGE DISTRICT, REFUNDING BONDS, SERIES
2008 – FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Birmingham CSO Drainage District previously has issued its Refunding Bonds, Series
1999, dated September 1, 1999 (the “Prior Bonds”), in the original principal amount of $3,535,000, and
this Board of Commissioners pledged the full faith and credit of the County of Oakland for the prompt
payment of the principal and interest on the Prior Bonds; and
WHEREAS the Drainage Board for the Birmingham CSO Drain, by resolution adopted on February 19,
2008, authorized and provided for the issuance by the Birmingham CSO Drainage District of its
Refunding Bonds, Series 2008 (the “Refunding Bonds”) in the aggregate principal amount of not to
exceed $2,750,000 to refund the Prior Bonds maturing in the years 2008 through 2016 except the interest
due on April 1, 2008; and
WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to
exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal
amounts, and will be subject to redemption prior to maturity as shall be determined by the Chairperson of
the Drainage Board at the time of sale; 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 Refunding Bonds; and
WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve
debt service savings for the City of Birmingham, the County and the State of Michigan.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
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
Commissioners Minutes Continued. March 6, 2008
82
the County for the prompt payment of the principal of and interest on the Refunding Bonds and
agrees that, in the event the City of Birmingham, the County, or the State of Michigan 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 Executive, if necessary, is authorized to file with the Department of Treasury of the
State of Michigan on behalf of the County an Application for State Treasurer’s Approval to Issue
Bonds with respect to the Refunding Bonds.
4. The County Treasurer is authorized to approve the circulation of a preliminary and final official
statement for the Refunding Bonds, to cause the preparation of those portions of the preliminary
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 Refunding Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of
the County (i) a certificate of the County to comply with the requirements for a continuing
disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the “Continuing
Disclosure Certificate”). The County hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Birmingham CSO Drainage District Refunding Bonds, Series 2008 and Birmingham CSO
Drainage District Refunding Bonds, Series 1999 on file in County Clerk’s office.
(The vote for this motion appears on page 90.)
*MISCELLANEOUS RESOLUTION #08033
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – REQUEST TO TRANSFER 2008
PARKING LOT PAVING PROGRAM TO JAIL RENOVATION AND VISITATION PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Fiscal Year 2008 Capital Improvement Program identifies the 2008 Parking Lot Paving
Program Project; and
WHEREAS the project is intended to resurface the north parking lot of the Law Enforcement Complex;
and
WHEREAS Miscellaneous Resolution #06239 authorized the Jail Renovation and Visitation Project in the
amount of $6,200,000; and
WHEREAS funding for the Jail Renovation and Visitation Project was obtained from transfer of the
remaining balances of two completed Building Authority projects, including $2,234,368.02 from the Work
Release Facility Project and $2,904,006.58 from the 52-3 District Court Courthouse Project, and from
transfer of $1,061,625.40 from the Capital Improvement Program/Building Fund; and
WHEREAS an additional $400,000 was transferred to the Jail Renovation and Visitation Project from the
General Fund by Miscellaneous Resolution #07169 for additional jail video visitation equipment; and
Commissioners Minutes Continued. March 6, 2008
83
WHEREAS the Facilities Engineering Division estimates the cost of the Jail North Parking Lot resurfacing
will be approximately $500,000; and
WHEREAS the Facilities Engineering Division estimates that final expenditures for the Jail Renovation
and Visitation Project will be well within project funding levels, due primarily to the favorable economic
climate experienced when the project was bid, and that sufficient funding will be available to fund the Jail
North Parking Lot repaving work; and
WHEREAS Facilities Management requests the funding source for the Jail North Parking Lot project be
transferred from the Capital Improvement Program/Building Fund to the Jail Renovation and Visitation
Project.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the increased scope
of work of the Jail Renovation and Visitation Project to include the resurfacing of the Jail North Parking
Lot at an estimated cost of $500,000.
BE IT FURTHER RESOLVED that the Board of Commissioners recognizes that the Jail North Parking Lot
project will be funded from existing sources within the Jail Renovation and Visitation Project.
BE IT FURTHER RESOLVED that no transfer of funding or budget amendment is required for this action.
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 90.)
*MISCELLANEOUS RESOLUTION #08034
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – REQUEST FOR APPROVAL OF RADIO
SYSTEM AGREEMENT WITH THE STATE OF MICHIGAN FOR ACCESS TO THE LEGACY 800 MHZ
RADIO SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the City of Pontiac is facing a severe budgetary shortfall that has resulted in a reduction in the
number of police officers within the Pontiac Police Department; and
WHEREAS the Pontiac Police Department, the Oakland County Sheriff Department, and the Michigan
State Police have joined in a cooperative effort to provide additional police presence within the City of
Pontiac for the safety and welfare of its residents; and
WHEREAS it is essential that the Pontiac Police Department, the Oakland County Sheriff Department
and the Michigan State Police have interoperable radio communications in order to safely and effectively
accomplish multi-agency cooperative policing; and
WHEREAS while the Pontiac Police Department and the Oakland County Sheriff Department share a
common radio system that affords interoperability, the Michigan State Police utilize a disparate radio
system that does not afford direct interoperability; and
WHEREAS technology exists to provide connectivity between the radio systems; and
WHEREAS the equipment necessary to enable this connectivity has been provided by the State of
Michigan at no additional cost to Oakland County or the City of Pontiac; and
WHEREAS the Chief of Police for the City of Pontiac has submitted signed authorization to Oakland
County for the Michigan State Police to access the necessary communication path; and
WHEREAS it is the recommendation of the Department of Information Technology that the Oakland
County Board of Commissioners accept and approve the terms and conditions of the attached agreement
providing the State of Michigan with access to the 800 MHz Radio System for purposes of interoperability
with the Pontiac Police Department; and
WHEREAS Corporation Counsel has reviewed and/or prepared all necessary documents related to the
attached agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached radio system agreement between the County of Oakland and the
State of Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson to execute the attached radio system agreement between the County of Oakland and the
State of Michigan.
Commissioners Minutes Continued. March 6, 2008
84
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
RADIO SYSTEM LICENSE AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
MICHIGAN DEPARTMENT OF STATE POLICE
This License Agreement ("the Agreement") is made between Oakland County, a Constitutional and
Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the Michigan
Department of State Police, 714 S. Harrison Rd., East Lansing, MI 48823 (“State”). In this Agreement
the County and the State may also be referred to individually as "Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. The County and the State enter into this Agreement for the purpose of
delineating the relationship and responsibilities between the County and the State regarding the use of
the Oakland County Radio System.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used
in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be
defined, read, and interpreted as follows.
1.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto,
and any other mutually agreed to written and executed modification, amendment, or
addendum.
1.2. State means the State of Michigan, including, but not limited to, all of its departments,
divisions, elected and appointed officials, directors, authorities, committees, employees,
agents, volunteers, and any such persons’ successors.
1.3. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of
action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or
expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness
fees, court costs, investigation expenses, litigation expenses, and amounts paid in
settlement, which are imposed on, incurred by, or asserted against the County or the State,
its employees or agents, whether such Claim is brought in law or equity, tort, contract, or
otherwise.
1.4. County means Oakland County, a Municipal and Constitutional Corporation including, but not
limited to, all of its departments, divisions, the County Board of Commissioners, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, volunteers, and any such persons’ successors.
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. FCC means the Federal Communications Commission.
1.7. Radio System ("the System") means the County-wide simulcast legacy 800 MHZ voice radio
system.
2. OPERATION AND USE OF RADIO SYSTEM.
2.1. The County is the owner of the Radio System. The County shall maintain and provide
insurance for the Radio System.
2.2. The County is the license holder for all FCC licenses for the 800 MHZ frequencies used in the
Radio System. The County shall maintain these licenses and/or modify the licenses as
required to operate the Radio System.
2.3. The County may monitor and audit the State’s use of the Radio System. The monitoring and
auditing of the Radio System may be performed periodically at the discretion of the County
and at the sole expense of the County.
2.4. The County shall allow the State to use the Radio System, specifically allowing the State
radio I.D. access to the City of Pontiac Police dispatch talk group in a control station.
Commissioners Minutes Continued. March 6, 2008
85
3. FINANCIAL RESPONSIBILITIES. Except as otherwise provided in this Agreement, there shall be no
costs to the State for use of the Radio System.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1. The Agreement and any amendments hereto shall be effective when executed by both
Parties.
4.2. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to
Section 10.
5. ASSURANCES.
5.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents,
the costs associated with those acts, and the defense of those acts.
5.2. The County is not responsible for any Claims arising directly or indirectly from misuse or use
of the Radio System by the State, its employees, or its agents.
5.3. Neither the County nor State shall be liable for any consequential, incidental, indirect, or
special damages in connection with this Agreement.
5.4. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Agreement and bind the Parties to the terms and conditions
contained herein.
5.5. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed under this
Agreement, including but not limited to, all FCC rules and regulations.
5.6. Any costs, fees, or fines which result from violation of the any federal, state, or local laws,
administrative rules, regulations, or ordinances shall be the responsibility of the Party
committing the violation.
5.7. THE COUNTY EXPRESSLY DISCLAIMS AND MAKES NO EXPRESS OR IMPLIED
WARRANTIES WHATSOEVER WITH RESPECT TO THE OPERATION AND USE OF THE
RADIO SYSTEM OR USER EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
5.8. The County shall have no liability to the State for any loss or damage due to the imperfect,
defective, or unsatisfactory communications experienced by the State for any reason.
6. TERMINATION OR CANCELLATION OF AGREEMENT.
6.1. The State may terminate or cancel this Agreement for any reason upon thirty (30) Days
written notice to the County.
6.2. Upon thirty (30) Days written notice to the State, the County may terminate or cancel this
Agreement.
6.3. Upon termination or cancellation of this Agreement, the State shall cease using the Radio
System.
7. LOCAL RADIO SYSTEM ADMINISTRATOR. The State shall designate at least one person and an
alternate to act as the Local Radio System Administrator. This individual(s) will act as a liaison
between the State and the County regarding the operation and use of the Radio System. The names
of the Local Radio System Administrators shall be conveyed to the individual listed in Section 22.1.
8. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
9. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for
employment, or another persons or entities with respect to hire, tenure, terms, conditions, and
privileges of employment, or any matter directly or indirectly related to employment in violation of any
federal, state or local law.
10. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and governmental
authorizations necessary to perform all its responsibilities under this Agreement. Upon request, a
Party shall furnish copies of any permit, license, certificate or governmental authorization to the
requesting Party.
Commissioners Minutes Continued. March 6, 2008
86
11. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, or immunity of the Parties.
12. FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement during
the time and to the extent that a Party is prevented from performing due to causes beyond such
Party’s control, including, but not limited to, an act of God, war, acts of government (other than the
Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other
circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
13. DELEGATION/SUBCONTRACT/ASSIGNMENT. The State shall not delegate, subcontract, and/or
assign any obligations or rights under this Agreement without the prior written consent of the County.
14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently effect its right to require strict performance of this
Agreement.
15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to
be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All
other terms, conditions, and provisions of this Agreement shall remain in full force.
16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any
reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.
17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered,
sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and
addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent
express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S.
mail.
17.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Department
of Information Technology, Manager of CLEMIS Division, 1200 North Telegraph Road,
Building #49 West, Pontiac, Michigan, 48341 and Chairperson of the Oakland County Board
of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341.
17.2. If Notice is sent to the State, it shall be addressed to:
17.3. Either Party may change the address and/or individual to which Notice is sent by notifying the
other Party in writing of the change.
18. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court.
Except as otherwise required by law or court rule, venue is proper in the courts set forth above.
19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions,
waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless
otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the
same persons who signed the Agreement or other persons as authorized by the Parties' governing
body.
20. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and understanding
between the Parties. This Agreement supercedes all other oral or written Agreements between the
Parties. The language of this Agreement shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
Commissioners Minutes Continued. March 6, 2008
87
IN WITNESS WHEREOF, _____________ hereby acknowledges that he/she has been authorized to
execute this Agreement on behalf of the State and hereby accepts and binds the State to the terms and
conditions of this Agreement.
EXECUTED: ______________________________ DATE:______________
WITNESSED:______________________________ DATE:______________
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, to execute this Agreement on behalf of the Oakland County, and hereby accepts and
binds the Oakland County to the terms and conditions of this Agreement.
EXECUTED: _____________________________ DATE: ______________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED:_____________________________ DATE:_______________
Ruth Johnson, Clerk, Register of Deeds
County of Oakland
(The vote for this motion appears on page 90.)
*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 Tentative Agreement between the County of Oakland and Teamsters Local 214 and
The County of Oakland and Teamsters, State, County, and Municipal Workers Local 214 Collective
Bargaining Agreement 2007-2010 on file in County Clerk’s office.
Commissioners Minutes Continued. March 6, 2008
88
FISCAL NOTE (MISC. #08028)
BY: Finance Committee, Mike Rogers, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The County of Oakland and the Sheriff’s Department, Corrective Services Division (Clinic)
employees represented by Teamsters Local 214 (approximately 18 Correctional Health Nurses)
have reached an agreement regarding wages and benefits for Fiscal Years 2008 – 2010.
2. Fiscal Year 2008 wage and benefit cost for the 1% general salary increase is $16,949 and is
included in the Fiscal Year 2008 amended budget.
3. Other wage and benefit increases approved by this agreement include a shift premium of $1 per
hour for all hours worked on eligible shifts, and is estimated to cost $26,320 per year; currently
$19,740 is included in the adopted budget, a budget amendment of $6,580 is recommended.
4. Also, retention bonuses were negotiated as part of this agreement of $1,000 for eligible
employees hired prior to 2006; and $1,000 for eligible employees hired prior to 2007; and $500
for eligible employees hired prior to 2008. This amount is not included in the Fiscal Year 2008
and 2009 amended Budget; a budget amendment of $16,000 for 2008 and $17,000 for 2009 is
recommended; based on 16 nurses eligible for $1,000 in 2008; 17 nurses eligible for $1,000 in
2009; and 17 nurses eligible for $500 in 2010.
5. The Fiscal Year 2008 and 2009 expenditure budgets should be amended as follows to recognize
the cost of this negotiated agreement.
FY 2008 FY 2009
GENERAL FUND #10100
Expenditures
4030301-112630-702140 Other Misc. Salaries $ 16,000 $ 17,000
4030301-112630-702130 Shift Premium 6,580 6,580
4030301-112630-722900 Fringe Benefit Adjust. 8,874 9,267
9090101-196030-740037 Class. and Rate Chg ( 31,454) ( 32,847)
Total General Fund $ -0- $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 90.)
*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. March 6, 2008
89
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 #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 with attachments on file in County Clerk’s office.
Commissioners Minutes Continued. March 6, 2008
90
FISCAL NOTE (MISC. #08030)
BY: Finance Committee, Mike Rogers, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Board of Commissioners by Miscellaneous Resolution #02285 accepted a Brownfield
Cleanup Revolving Loan Fund (BCRLF) grant from the U.S. Environmental Protection Agency in
the amount of $1,000,000 designated for loan capitalization, project oversight and administration.
2. Miscellaneous Resolution #03337 approved a Brownfield Cleanup Loan to the Brown Road
Group, LLC in the amount of $700,000 to facilitate partial funding of a methane control system
during the construction phase of the redevelopment of the former Sanicem Landfill.
3. The Loan Agreement was amended by Miscellaneous Resolution #04166 to incorporate changes
to the language of the Agreement.
4. The current resolution further amends the Loan Agreement by extending the term of the credit
facility agreed by Oakland County and the Brown Road Group, LLC by one (1) year from
November 30, 2007 to November 30, 2008, including initial term, maturity, and repayment of the
Note. All other provisions of the Loan Agreement are unchanged and remain in effect.
5. The extension is necessitated by delays in the project to resolve local permitting issues and to
construct Dutton Road through the property.
6. No budget amendment is required.
FINANCE COMMITTEE
Vote on Consent Agenda:
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gregory, Greimel,
Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Rogers, Scott, Spector, Woodward,
Zack, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda, were adopted.
Commissioner Rogers stated there were no items to report from the Finance Committee on the Regular
Agenda.
REPORT (MISC. #08035)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF THE 2007
ACCESSIBLE BY DESIGN AWARD FOR THE WATERFORD OAKS ACCESSIBLE PLAYGROUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution on February 28, 2008, reports
with the recommendation that the resolution be amended to delete the 2nd Be It Further Resolved
entirely.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
Commissioners Minutes Continued. March 6, 2008
91
REPORT (MISC. #08035)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF THE 2007
ACCESSIBLE BY DESIGN AWARD FOR THE WATERFORD OAKS ACCESSIBLE PLAYGROUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on February 26, 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 #08035
BY: General Government Committee, Christine Long, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF THE 2007
ACCESSIBLE BY DESIGN AWARD FOR THE WATERFORD OAKS ACCESSIBLE PLAYGROUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission has been notified of the approval of
the Waterford Oaks Accessible Playground for funding through the 2007 Accessible by Design Awards
grant program; and
WHEREAS the requested Two Hundred and Fifty Thousand ($250,000.00) dollar grant will help offset the
cost of constructing this regional play facility at Waterford Oaks County Park; and
WHEREAS the matching funds for the Waterford Oaks Accessible Playground, will come from the ¼ mil
for parks; and
WHEREAS the Oakland County Parks and Recreation Commission on November 7, 2007 supported the
approval and acceptance of the said grant award; 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 grant award as stated above, with said monies for this
project to come from Parks and Recreation funds.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the 2007 Accessible By Design Award Grant for the Waterford
Oaks Accessible Playground grant agreement.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission has included
the grant revenue and project expenses for said project in the budget for Fiscal Year 2008; thereby
eliminating the need for a budget amendment.
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 – Oakland County Parks and Recreation, Grant Agreement Michigan
Recreation and Park Association Foundation Access to Recreation Matching Grant, 2007 Accessible by
Design Grant Application, Appendix A – Design Analysis – Universal Accessibility, Appendix B – Project
Site Analysis – Universal Accessibility, Appendix C – Project Location Maps, Appendix D – User Input,
Appendix E – Design Team and Persons with Disabilities Civil Rights Act on file in County Clerk’s office.
Commissioners Minutes Continued. March 6, 2008
92
FISCAL NOTE (MISC. #08035)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF #2007
ACCESSIBLE BY DESIGN AWARD FOR THE WATERFORD OAKS ACCESSIBLE PLAYGROUND
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 has received the grant #2007 Accessible
by Design Award for the Waterford Oaks Accessible Playground administered by the Michigan
Parks and Recreation Association Foundation.
2. The grant will assist in offsetting the cost of constructing a regional play facility at Waterford Oaks
County Park.
3. Total project costs are $440,000, with $250,000 (57%) in grant funds and $190,000 (43%) from
the Parks and Recreation Fund.
4. The $190,000 will come from revenues generated by the ¼ mil Parks and recreation Tax Levy.
5. The Oakland County Parks and Recreation Commission approved the grant on November 7,
2007.
6. No General County funds are required for this grant acceptance.
7. Sufficient funds are budgeted in the Parks and Recreation Fund Construction in Progress line
item. No budget adjustments are recommended.
FINANCE COMMITTEE
Moved by Long supported by Gregory the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Gregory the Finance Committee Report and the Planning and Building
Committee Report be accepted.
A sufficient majority having voted in favor, the reports were accepted.
Moved by Long supported by Gregory 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: Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gregory, Greimel, Hatchett,
Jacobsen, Kowall, 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 (with fiscal note attached), as amended, was
adopted.
REPORT (MISC. #08036)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF #2007 –
0123 WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENTS PROJECT GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution on February 28, 2008, reports
with the recommendation that the resolution be amended to delete the 2nd Be It Further Resolved
entirely.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
Commissioners Minutes Continued. March 6, 2008
93
REPORT (MISC. #08036)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF #2007 - 0123
WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENTS PROJECT GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on February 26, 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 #08036
BY: General Government Committee, Christine Long, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF #2007 - 0123
WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENTS PROJECT GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission has been notified of the awarding of
grant #2007 - 0123 Waterford Oaks County Park Storm Water Improvements Project, through the Clean
Michigan Initiative Clean Water Fund program administered by the Michigan Department of
Environmental Quality; and
WHEREAS the One Hundred and Ninety Thousand ($190,000.00) dollar grant will help offset the cost of
implementing Best Management Practices in the construction of parking lot improvements at Waterford
Oaks County Park; and
WHEREAS the matching funds for the #2007 - 0123 Waterford Oaks County Park Storm Water
Improvements Project Grant will come from the ¼ mil for parks; and
WHEREAS the Oakland County Parks and Recreation Commission on November 7, 2007 supported the
approval and acceptance of the said grant award; 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 grant award as stated above, with said monies for this
project to come from Parks and Recreation funds.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the grant agreement #2007 - 0123 Waterford Oaks County Park
Storm Water Improvements Project.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission has included
the Grant Revenue and Project Expenses for said project in the budget for Fiscal Year 2008; thereby
eliminating the need for a Budget Amendment.
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 – Oakland County Parks and Recreation, Grant Contract between the
Michigan Department of Environmental Quality and the County of Oakland, Project Description and Goals
and Objectives on file in County Clerk’s office.
Commissioners Minutes Continued. March 6, 2008
94
FISCAL NOTE (MISC. #08036)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF #2007 - 0123
WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENTS PROJECT GRANT
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 has received grant #2007 - 0123 for the
Waterford Oaks County Park Storm Water Improvements Project, through the Clean Michigan
Initiative Clean Water Fund program administered by the Michigan Department of Environmental
Quality.
2. The grant will assist in offsetting the cost of implementing Best Management Practices in the
construction of parking lot improvements at Waterford Oaks County Park.
3. Total project costs are $522,004, with $190,000 (36%) in grant funds and $332,004 (64%) from
Parks and Recreation Fund.
4. The $332,004 will come from revenues generated by the ¼ mil Parks and Recreation Tax Levy.
5. The Oakland County Parks and Recreation Commission approved the grant on November 7,
2007.
6. No General County funds are required for this grant acceptance.
7. Sufficient funds are budgeted in the Parks and Recreation Fund Construction in Progress line
item. No budget adjustments are recommended.
FINANCE COMMITTEE
Moved by Long supported by Gregory the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Gregory the Finance Committee Report and the Planning and Building
Committee Report be accepted.
A sufficient majority having voted in favor, the reports were accepted.
Moved by Long supported by Gregory 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: Coulter, Crawford, Douglas, Gershenson, Gingell, Gregory, Greimel, Hatchett, Jacobsen,
Kowall, 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 resolution (with fiscal note attached), as amended, was
adopted.
MISCELLANEOUS RESOLUTION #08037
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2008 DEVELOPMENT
APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all data processing development cost is incorporated as a single appropriation within the non-
departmental budget, and then an amount equal to the actual expense is transferred to the user
department with a summary report to the Finance Committee; and
Commissioners Minutes Continued. March 6, 2008
95
WHEREAS the Department of Information Technology has determined the First Quarter 2008 data
processing development charges to be $1,404,040.10 and the imaging development charge to be
$8,986.79 for the General Fund/General Purpose County departments; and
WHEREAS direct charges to Special Revenue and Proprietary fund departments are $327,134.82, non-
governmental imaging development are $488.00, and non-county agencies are $518.50 for the First
Quarter 2008; and
WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to
fund these development charges.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed
the First Quarter 2008 Data Processing Development Report and approves the First Quarter
appropriation transfer as specified on the attached schedule.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Information Technology Data Processing Development Summary 1st Quarter 2008, Information
Technology – Reserve Fund Development/Support Detail – First Quarter, 2008 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 – APPOINTMENT TO THE OAKLAND COUNTY COMMUNITY
MENTAL HEALTH AUTHORITY – PROVIDER OF MENTAL HEALTH SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the expiring appointments on the Oakland County
Community Mental Health Authority, recommends the appointments of the following individual for a three-
year term:
COMMUNITY MENTAL HEALTH AUTHORITY (3-year term ending 03/31/11)
Dr. Robert J. Klotz, Provider of Mental Health Services
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Oakland County Board of Commissioners Application Form for Appointment to Boards,
Committees and Commissions on file in County Clerk’s office.
Moved by Long supported by Zack 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 Zack the appointment of Dr. Robert J. Klotz to the Community Mental
Health Authority for a three year term ending March 31, 2011 be confirmed.
Vote on appointment:
AYES: Crawford, Douglas, Gershenson, Gingell, Gregory, Greimel, Hatchett, Jacobsen, Kowall,
Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns,
Coleman, Coulter. (23)
NAYS: None. (0)
Commissioners Minutes Continued. March 6, 2008
96
A sufficient majority having voted in favor, the appointment of Dr. Robert J. Klotz to the Community
Mental Health Authority for a three year term ending March 31, 2011 was confirmed.
REPORT (MISC. #08029)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – VOLUNTARY SEPARATION INCENTIVE PAY
RETIREMENT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution on February 28, 2008, reports
with the recommendation that the resolution be adopted with an amendment to add the following
language as the last Be It Further Resolved entirely:
BE IT FURTHER RESOLVED that the reports prepared by the County’s contracted actuary firm
Gabriel, Roeder, Smith and Company, entitled Proposed Early Retirement Incentive Program for
General County Employees, dated January 28, 2008, and the Proposed Retirement Incentive
Program for General County Employees covered by the VEBA, dated February 7, 2008, along
with accompanying documents, be placed on file with the County Clerk as attachments to the
resolution.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
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.
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.
Commissioners Minutes Continued. March 6, 2008
97
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
Copy of Proposed Retirement Incentive Plan for General County Employees Covered by the Voluntary
Employees Beneficiary Association and current Health Benefit Provisions, Voluntary Separation Incentive
Pay Retirement Program 2008 on file in County Clerk’s office.
FISCAL NOTE (MISC. #08029)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – VOLUNTARY SEPARATION INCENTIVE PAY
RETIREMENT PROGRAM
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. Due to economic demands and the need to reduce operational expenses, the County
Executive has provided 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 through a voluntary separation incentive for
County employees to retire.
2. Approximately 520 employees are eligible for retirement as of August 31, 2008.
3. There is sufficient funding available in the Pension System to cover the cost for the
employees who apply for the Voluntary Separation Incentive Pay Retirement Program.
4. No budget amendment is recommended.
FINANCE COMMITTEE
Moved by Middleton supported by Coulter the resolution (with fiscal note attached) be adopted.
Moved by Middleton supported by Coulter the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Middleton supported by Coulter the resolution be amended to coincide with the
recommendation in the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Commissioners Minutes Continued. March 6, 2008
98
Discussion followed.
Moved by Greimel supported by Zack the resolution be amended as follows:
Greimel moved to report to amend the resolution to substitute the following language for the
existing NOW THEREFORE BE IT RESOLVED paragraph.
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 all non-elected Retirement System members, regardless of
whether the employees are represented or non-represented and regardless of whether the
represented employees’ collective bargaining agreements contain ‘me too’ clauses or do not
contain such clauses.
Discussion followed.
As a point of order, Commissioner Kowall asked Nancy Scarlett, Director of Human Resources, for
clarification regarding whether or not it would violate labor contracts.
Nancy Scarlett, Director of Human Resources, addressed the Board and answered questions.
Vote on amendment:
AYES: Gershenson, Gregory, Greimel, Hatchett, Nash, Spector, Woodward, Zack, Burns,
Coleman, Coulter. (11)
NAYS: Douglas, Gingell, Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott,
Bullard, Crawford. (12)
A sufficient majority not having voted in favor, the amendment failed.
Vote on resolution, as amended (per the Finance Committee Report):
AYES: Gershenson, Gingell, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton,
Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coleman, Coulter,
Crawford, Douglas. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
MISCELLANEOUS RESOLUTION #08038
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – WASTE
RESOURCE MANAGEMENT – APPROVAL OF 2008 NO HAZ INTERLOCAL AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County and its northern municipalities are committed to protection of the natural
environment and preventing toxic materials from entering our waterways and landfill resources; and
WHEREAS the improper handling and disposal of toxic and poisonous household chemicals poses a
health risk to our citizens; and
WHEREAS recognizing there is a need to provide regular and easily accessible household hazardous
waste collection services to North Oakland residents; and
WHEREAS collection events for household hazardous waste are widely accepted as the best way to
provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, meet
Phase II Stormwater Protection requirements, encourage pollution prevention and enhance
environmental health and safety in the home; and
WHEREAS Oakland County, through its Waste Resource Management Division has facilitated the
creation of the North Oakland Household Hazardous Waste Consortium (NO HAZ); and
Commissioners Minutes Continued. March 6, 2008
99
WHEREAS participating municipalities in North Oakland County have appointed an official representative
to the NO HAZ Consortium Board; and
WHEREAS the NO HAZ Consortium has developed a household hazardous waste collection program;
and
WHEREAS the municipalities recognize and agree that absent an agreement with the County, the County
has no obligation to facilitate such a program; and
WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement
between the County and a number of municipalities in North Oakland County for the creation of a
program to collect household hazardous waste; and
WHEREAS the following municipalities have approved the Interlocal Agreement: Addison Township,
Brandon Township, Commerce Township, Groveland Township, City of Lake Angelus, Oakland
Township, Oxford Township, Orion Township, City of Rochester, City of Rochester Hills, Waterford
Township, White Lake Township; and
WHEREAS the Interlocal Agreement requires participating municipalities to fully reimburse the County for
all costs it incurs in connection with the NO HAZ program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the
Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in
support thereof.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of North Oakland County Household Hazardous Waste Interlocal Agreement between Oakland
County and Addison Township, Brandon Township, Commerce Township, Groveland Township, City of
Lake Angelus, Oakland Township, Oxford Township, Orion Township, City of Rochester, City of
Rochester Hills, Waterford Township and White Lake Township, Exhibit A 2008 Projected No Haz Budget
and Exhibit B Estimated Costs for 2008 on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08039
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT
EASEMENT FOR WATERMAIN – OAKLAND COUNTY TRUSTY CAMP (TAX PARCEL NO. 14-03-100-
028)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of the Oakland County Trusty Camp located in the City of
Auburn Hills; and
WHEREAS the County of Oakland has recently completed an addition to the Oakland County Boot Camp
building inclusive of extending a water main for placement of a new fire hydrant at the Oakland County
Trusty Camp; and
WHEREAS the City of Auburn Hills has requested that the County of Oakland grant a permanent easement
for the operation, maintenance, repair and replacement of a water main and related appurtenances over a
portion of the Trusty Camp property; and
WHEREAS the Oakland County Department of Facilities Management and the City of Auburn Hills have
agreed upon a route for the said water main, which is agreeable to all parties; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached easement for water main and related appurtenances
to the City of Auburn Hills for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached water main easement and all other documents, which may
be required.
Commissioners Minutes Continued. March 6, 2008
100
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant of Water Main Easement in Gross on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08040
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - POSITION DELETION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in reaction to the difficult economic times facing Oakland County, the County Executive has
imposed a hiring freeze and established an Estimated Budget Reduction Task for Fiscal Year 2008 -
2010; and
WHEREAS the Drain Commissioner has reviewed the assigned estimated budget task for General
Fund/General Purpose funds; and
WHEREAS the Drain Commissioner proposes the deletion of one (1) Vacant GF/GP Civil Engineer II
position #6010305-06519; and
WHEREAS the savings of the position deletion will be fully applied towards the Drain Commissioner’s
2008, 2009, and 2010 budget task; and
WHEREAS the duties that were previously assigned to this position will be redistributed to other divisional
employees.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
deletion of one (1) GF/GP Civil Engineer II position (#6010305-06519) from the Engineering and
Construction Division/Plan Review and Permit Unit.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #08041
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PROSECUTING ATTORNEY – “PRO BONO” ASSISTANT PROSECUTORS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Michigan’s continuing economic distress has led the Department of Management and Budget
to project significant budget short-falls for Fiscal Years 2008-2010; and
WHEREAS the economic uncertainty requires Oakland County government to reduce operational
expenses while improving efficiency and effectiveness; and
WHEREAS one of the current cost saving approaches implemented by Oakland County is a hiring freeze
for non 24 hour departments such as the Prosecuting Attorney; and
WHEREAS operating departments have been encouraged to explore cost effective proposals to assist the
County effort during these difficult economic times; and
WHEREAS the Prosecuting Attorney has recognized the interest of local, recently licensed attorneys to
benefit from the extensive litigation experience that prosecution provides; and
WHEREAS the Prosecuting Attorney has discussed the concept of interviewing, selecting and appointing
volunteer licensed attorneys to help fill staffing voids during the present hiring freeze; and
WHEREAS the “pro bono” volunteer assistant prosecutor concept would allow the Prosecutor to train and
assign selected volunteer attorneys to beginning level litigation at zero salary/benefit cost and without
County obligation, allowing more experienced County staff to address other responsibilities; and
WHEREAS once the hiring freeze is lifted for the Prosecutor’s Office, successful “pro bono” volunteers
may be considered for County vacancies; and
Commissioners Minutes Continued. March 6, 2008
101
WHEREAS the Prosecuting Attorney has requested and received a legal opinion from Corporation
Counsel which allows for “pro bono” attorneys; and
WHEREAS discussion of the “pro bono” concept with Human Resources indicates that the County
Executive is in support of this initiative.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
“pro bono” volunteer Assistant Prosecutor concept.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Moved by Potter supported by Burns the resolution be adopted.
AYES: Gingell, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter,
Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford,
Douglas, Gershenson. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #08042
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR EMERGENCY MEDICAL TRANSPORT SERVICES IN
THE CITY OF PONTIAC 2008 - 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the City of Pontiac started providing Emergency Medical Transport in March of 2007; and
WHEREAS when the County calls 911 from the complex and is in need of an emergency medical
transport, the City of Pontiac now responds; and
WHEREAS the City of Pontiac has requested that we pay for these services; and
WHEREAS the City of Pontiac has requested that a contract for Emergency Medical Transports be
provided; and
WHEREAS the Sheriff has agreed to contract for this service with the City of Pontiac; and
WHEREAS this contract has been through the County Executive review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached contract with the City of Pontiac for Emergency Medical Transports between the City and
Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board to sign the agreement.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Emergency Medical Transport Agreement between Oakland County and City of Pontiac and
Resolution of the Pontiac City Council on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08043
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - USE OF FORFEITED FUNDS FOR EQUIPMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
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 $1,055,010.84 (balance as of 1/31/08) as a result of Sheriff's
Office forfeiture efforts; and
WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for equipment; and
Commissioners Minutes Continued. March 6, 2008
102
WHEREAS the Narcotics Enforcement Team (NET) has four (4) vehicles that have been forfeited; and
WHEREAS the NET unit has requested that the four vehicles be added to the County Fleet for use as
undercover vehicles; and
WHEREAS the vehicles would not be replaced except by another forfeited vehicle and would be assigned
to the Sheriff’s Office NET unit; and
WHEREAS this equipment will be used by the Sheriff's Office to enhance law enforcement efforts in
compliance with state law; and
WHEREAS the estimated expenses are $478,446.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
use of $478,446 from the Sheriff’s Office Law Enforcement Enhancement Account (#10100-4030101-
222430) to purchase the attached equipment.
BE IT FURTHER RESOLVED that four (4) forfeited vehicles be added to the Sheriff’s Office Departmental
vehicle fleet.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Sheriff’s Office Use of Forfeited Funds on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08044
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT – FISCAL YEAR 2008 ADULT TREATMENT COURT FUNDING
RECOMMENDATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Adult Treatment Court (ATC) was implemented in 2000 to provide a regimented treatment
and intensive judicial supervision approach to help criminal offenders overcome their alcohol and
chemical dependencies, forego future criminal behavior and reestablish family relationships and support
groups to encourage ongoing sobriety; and
WHEREAS the ATC provides an alternative to traditional incarceration to reduce the inmate population at
the Oakland County Jail; and
WHEREAS the ATC has been instrumental in providing offenders with an incentive to pay restitution,
court costs, and child support, if applicable; and
WHEREAS the impact of the ATC on the Jail inmate population, coupled with the implementation of
various other Jail population management initiatives, enabled Oakland County to forego housing inmates
in other county jails beginning in November 2005, thereby saving the taxpayers of Oakland County
approximately $1.7 million annually; and
WHEREAS the estimated cost to operate the ATC in Fiscal Year 2008 is $140,000; and
WHEREAS the State Court Administrative Office (SCAO) awarded a $95,000 grant for Fiscal Year 2008
to cover the cost of one (1) special revenue full time eligible Community Service Coordinator position
(3010301-09837) and operating expenses for Fiscal Year 2008; and
WHEREAS additional revenue in the amount of $45,000 must be approved to ensure continuation of the
ATC through Fiscal Year 2008; and
WHEREAS the Criminal Justice Coordinating Council, recognizing that the ATC reduces the daily Jail
count by 30-40 inmates per day, recommends that the Board considers a one-time appropriation of
$45,000 for operational expenses of the ATC.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
continuation of the Adult Treatment Court for the remainder of Fiscal Year 2008.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. March 6, 2008
103
FISCAL NOTE (MISC. #08044)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: CIRCUIT COURT – FISCAL YEAR 2008 ADULT TREATMENT COURT FUNDING
RECOMMENDATION
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 Gosling Amendment was included in the 2008 Adult Drug Treatment Court’s grant
acceptance Miscellaneous Resolution #07265 adopted on 11/29/2007. The resolution states,
“that continuation of the position associated with this grant is contingent upon continuation of
state funding, and receipt of additional funding sources.”
2. The Circuit Court and Prosecuting Attorney have come to an agreement to use the Prosecutor’s
Seized Funds Deferred Revenue as a one time appropriation to fund the Adult Drug Court
Treatment Grant for the remainder of Fiscal Year 2008.
3. A budget amendment is recommended to transfer funding from the Prosecuting Attorney’s Seized
Funds Deferred Revenue account (#222440) to the Fiscal Year 2008 budget as follows:
GENERAL FUND (10100)
Prosecuting Attorney Revenue FY 2008
4010101-123030-670285 Enhanced Funds $45,000
Circuit Court Expenditure
3010301-121200-730800 Grant Match $45,000
Total $ -0-
FINANCE COMMITTEE
Moved by Potter supported by Coulter the resolution (with fiscal note attached) be adopted.
AYES: Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson,
Gingell. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #08045
BY: Sue Ann Douglas, District #12
IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR THE “STOPPED” PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to support programs in the form
of a miscellaneous resolution; and
WHEREAS the Sheriff Telling Our Parents and Promoting Educated Drivers (“STOPPED”) is a program
which is intended to save lives by alerting parents (through a window decal which requests parental
notification of unsafe driving behaviors by children under the age of 21); and
WHEREAS the STOPPED program was created in response to sobering state and national statistics
which show that the risk for motor vehicle crashes is significantly higher among 16 to 19 year olds than
any other age group; and
WHEREAS parental involvement and community support are critical to shaping student behavior, and
collaborative programs such as STOPPED can make a difference with teen driver safety; and
WHEREAS traffic accidents are the leading cause of teen fatalities; and
WHEREAS each time that a participating law enforcement officer pulls over a young person’s vehicle
registered with STOPPED, parents will receive a letter which provides details on the time, location,
number of passengers, reason for the stop, and whether a citation was issued; and
WHEREAS this program is a great way to demonstrate mutual concern for our young drivers and to
encourage their safety; and
Commissioners Minutes Continued. March 6, 2008
104
WHEREAS the STOPPED program was initiated by the Michigan Sheriff’s Association, sponsored by
AAA Michigan, and supported by Secretary of State Terri Lynn Land; and
WHEREAS the STOPPED Program has been adopted by the Oakland County Sheriff’s Office and several
other law enforcement agencies throughout Oakland County; and
WHEREAS not all law enforcement agencies throughout Oakland County and the State of Michigan are
participating in the STOPPED program, which decreases its effectiveness.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges all law
enforcement agencies in Oakland County to participate in the STOPPED program.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of this adopted resolution to the Police Chiefs of Oakland County, Oakland County School District
Superintendents, and Oakland County Intermediate School District for dissemination to parent groups
and all other interested parties.
Chairperson, we move the adoption of the foregoing resolution.
SUE ANN DOUGLAS, EILEEN KOWALL, JOHN
SCOTT, DAVID POTTS, JIM NASH, ROBERT
GOSSELIN, TIM BURNS, MARCIA
GERSHENSON, KAREN SPECTOR, TIM
GREIMEL, DAVID COULTER, VINCENT
GREGORY, DAVID WOODWARD, MATTIE
HATCHETT, JEFF POTTER, MICHAEL
GINGELL, BRADFORD JACOBSEN
The Chairperson referred the resolution to the Public Services Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08046
BY: Sue Ann Douglas, District #12, Mike Rogers, District #14; Dave Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – REVISION TO THE CIRCUIT COURT MEDIATION FUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #90177 established the Circuit Court Mediation Program; and
WHEREAS the Mediation Program has been a source of funds used for improvements and
enhancements to the Circuit Court; and
WHEREAS Miscellaneous Resolution #90177 provides that “The fund balance at the end of each fiscal
year will be used to help pay for Circuit Court enhancements and improvements only as requested by the
Circuit Court and approved by the Board of Commissioners”; and
WHEREAS the current economy, revenue reductions, and the end of grant funding for many programs
has caused the county to review and revise budgets and many business practices; and
WHEREAS revision to the use of mediation fund balance will provide more flexibility to the Court and
County.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the use of the
Mediation Fund balance at the end of each fiscal year to help pay for Circuit Court enhancements and/or
grant program continuation at the request of the Circuit Court and with approval of the Board of
Commissioners.
BE IT FURTHER RESOLVED that portions of Miscellaneous Resolution #90177 inconsistent with this
Miscellaneous Resolution are rescinded.
Chairperson, we move the foregoing resolution.
SUE ANN DOUGLAS, DAVID WOODWARD,
JOHN SCOTT, MATTIE HATCHETT, MIKE
ROGERS, DAVID COULTER, JIM NASH,
VINCENT GREGORY, ERIC COLEMAN,
CHRISTINE LONG, BRADFORD JACOBSEN
The Chairperson referred the resolution to the Public Services Committee. There were no objections.
Commissioners Minutes Continued. March 6, 2008
105
MISCELLANEOUS RESOLUTION #08047
BY: Tim Greimel, District #11
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 720 REQUIRING LICENSING
OF SCRAP DEALERS AND PREVENTING TRADE IN STOLEN GOODS
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the theft of copper and other metals from buildings, telecommunications infrastructure, and
other installations has become an increasingly serious problem in recent years; and
WHEREAS the theft of copper from buildings and other installations can create dangerous conditions,
including an increased risk of electrical fires; and
WHEREAS the theft of copper from telecommunications infrastructure can compromise the functioning of
911 and other emergency communication systems; and
WHEREAS the theft of copper and other metals burdens businesses and residents with costs of repair
and replacement; and
WHEREAS the costs imposed by this theft adversely affect the business climate in Oakland County and
the State of Michigan; and
WHEREAS these threats to the economy and public safety demand that action be taken to reduce the
incidence of theft of copper and other metals; and
WHEREAS Senate Bill 720 has been introduced in the Michigan Senate in order to prevent second-hand
scrap dealers, junk dealers, and scrap processors from trafficking in stolen goods; and
WHEREAS Senate Bill 720 requires second-hand scrap dealers, junk dealers, and scrap processors to
be licensed by cities, counties, or villages; and
WHEREAS Senate Bill 720 requires second-hand scrap dealers, junk dealers, and scrap processors to
maintain records identifying the individuals and businesses from whom they purchase scrap metal; and
WHEREAS Senate Bill 720 requires second-hand scrap dealers, junk dealers, and scrap processors to
provide such records to local law enforcement agencies every week and to allow local law enforcement
agencies to access such records as needed; and
WHEREAS Senate Bill 720 prohibits second-hand scrap dealers, junk dealers, and scrap processors
from receiving scrap metal between the hours of 9 p.m. and 7 a.m.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the enactment of Senate Bill 720 in order to prevent the theft of copper and other metals, to
protect public safety and to prevent financial loss to businesses and residents.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges members
of the Oakland County delegation to the Michigan legislature to vote in favor of Senate Bill 720 and urges
Governor Jennifer Granholm to sign the resulting legislation.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests the
Oakland County Clerk to forward copies of this adopted resolution to Governor Jennifer Granholm, to
members of the Oakland County delegation to the Michigan legislature, and to Oakland County's
legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
TIM GREIMEL, ERIC COLEMAN, TIM BURNS,
VINCENT GREGORY, HELAINE ZACK,
MATTIE HATCHETT, DAVID COULTER, JIM
NASH, MARCIA GERSHENSON, KAREN
SPECTOR
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Commissioners Minutes Continued. March 6, 2008
106
MISCELLANEOUS RESOLUTION #08048
BY: Helaine Zack, District #22, Bill Bullard, Jr., District #2, David Potts, District #20, David Woodward,
District #18, David Coulter, District #25
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR ESTABLISHING A ZOOLOGICAL
AUTHORITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Detroit Zoological Institute is comprised of the Detroit Zoo and the Belle Isle Nature Zoo.
The Institute, situated on 125 acres of naturalistic exhibits was founded in 1928, is committed to
celebrating and saving wildlife. This spectacular venue, is located at the intersection of Huntington Woods
and Royal Oak, Michigan; and
WHEREAS the mission of the Detroit Zoological Institute is to demonstrate leadership in wildlife
conservation and animal welfare; provide a broad audience with outstanding and unique educational
opportunities that lead to the appreciation and stewardship of nature; inspire our community with
engaging, meaningful and memorable experiences; provide innovative zoological facilities that contribute
to the region's economic vitality; and demonstrate organizational excellence consistent with a
commitment to outstanding service and progressive resource management; and
WHEREAS the Detroit Zoological Society, a separate non-profit organization, operates both the Detroit
Zoo and the Belle Isle Nature Zoo; and
WHEREAS the Detroit Zoo receives operating subsidies from the City of Detroit and the State of Michigan
and funding from private donations; and
WHEREAS the subsidy from the City of Detroit is being phased out making it imperative that the Detroit
Zoo move forward with establishing ongoing support on a regional basis; and
WHEREAS the Detroit Zoo is in the process of establishing an independent authority as an alternative
means of publicly funding this regional asset; and
WHEREAS the Detroit Zoo is a cultural institution which is an important part of the economic vitality of
Oakland County and the entire region. The zoo plays a critical roll in attracting tourists and provide unique
educational opportunities for our residents; and
WHEREAS Michigan Senate Bill 1135 – the Zoological Authorities Act - was introduced to establish a
zoological authority and to authorize the levy of property tax by a zoological authority; and
WHEREAS Senate Bill 1135 proposes that in order to establish a Zoological Authority, articles of
incorporation must be adopted by the county board of commissioners of the county establishing the
authority; and
WHEREAS recognizing the importance of the Detroit Zoo to the region and the state as a cultural
institution, the proposal to enact the Zoological Authorities Act received bi-partisan support in the
Michigan Senate.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges
the Michigan legislature to enact the Zoological Authorities Act to provide a mechanism for providing
public funding for the Detroit Zoo.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Governor of the State of Michigan, the Oakland County state legislative
delegation, the Senate Committee on Finance, the Michigan Association of Counties, City Council and
Mayor of the City of Detroit, Wayne County Board of Commissioners, Macomb County Board of
Commissioners, the Detroit Zoological Society and Oakland Counties legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
HELAINE ZACK, BILL BULLARD, DAVID
POTTS, DAVID COULTER, DAVID
WOODWARD, VINCENT GREGORY, ERIC
COLEMAN, TIM GREIMEL, KAREN SPECTOR,
MARCIA GERSHENSON, JIM NASH, MATTIE
HATCHETT, JEFF POTTER, BRADFORD
JACOBSEN, MIKE ROGERS, HUGH
CRAWFORD, MIKE GINGELL
Commissioners Minutes Continued. March 6, 2008
107
Moved by Zack supported by Potts to suspend the rules and vote on MISCELLANEOUS RESOLUTION
#08048 – BOARD OF COMMISSIONERS – SUPPORT FOR ESTABLISHING A ZOOLOGICAL
AUTHORITY.
Vote on motion to suspend the rules:
AYES: Gregory, Greimel, Hatchett, Jacobsen, Nash, Potter, Potts, Rogers, Spector, Woodward,
Zack, Bullard, Burns, Coleman, Coulter, Crawford, Gershenson, Gingell. (18)
NAYS: Kowall, Long, Scott, Douglas. (4)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #08048 – BOARD OF COMMISSIONERS – SUPPORT FOR
ESTABLISHING A ZOOLOGICAL AUTHORITY carried.
Moved by Douglas supported by Scott the resolution be postponed until the March 20, 2008 Board
meeting.
As a point of order, Commissioner Potter wanted confirmation on motion procedure.
Discussion followed.
Commissioner Hatchett called the question.
Chairperson Bill Bullard, Jr. allowed Commissioner Potter to speak before the vote.
Vote on motion to postpone:
AYES: Long, Scott, Douglas. (3)
NAYS: Greimel, Hatchett, Jacobsen, Kowall, Nash, Potter, Potts, Rogers, Spector, Woodward,
Zack, Bullard, Burns, Coleman, Coulter, Crawford, Gershenson, Gingell, Gregory. (19)
A sufficient majority not having voted in favor, the resolution was not postponed until the March 20, 2008
Board meeting.
Discussion followed.
Vote on resolution:
AYES: Hatchett, Jacobsen, Nash, Potter, Potts, Rogers, Spector, Woodward, Zack, Bullard,
Burns, Coleman, Coulter, Crawford, Gershenson, Gingell, Gregory, Greimel. (18)
NAYS: Kowall, Long, Scott, Douglas. (4)
A sufficient majority having voted in favor, the resolution was adopted.
Discussion followed.
The Board adjourned at 11:19 a.m. to the call of the Chair, or March 20, 2008, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson