HomeMy WebLinkAboutMinutes - 2008.03.20 - 8445111
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 20, 2008
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:30 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack. (23)
EXCUSED ABSENCE WITH NOTICE: Suarez. (1)
EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1)
Quorum present.
Invocation given by David Coulter.
Pledge of Allegiance to the Flag.
Moved by Gosselin supported by Burns the minutes of the March 6, 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 as follows:
Move Public Services, Item a. from the Consent Agenda to the Regular Agenda.
ITEMS NOT ON BOARD AGENDA
PUBLIC SERVICES COMMITTEE
c. County Executive, Emergency Response and Preparedness – Tornado Warning System
Expansion – Township of Royal Oak
d. Sheriff’s Office – Cancellation of Proposed Contract for Court Security at the 50th District
Court – Pontiac for 2006/2007/2008
(Reason for Suspension of Public Services Committee, items c. and d.: Waiver of Rule III – Meeting held
immediately prior to the Board meeting.)
Commissioners Minutes Continued. March 20, 2008
112
Vote on agenda, as amended:
AYES: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
Deputy County Clerk James H. VanLeuven stated there were no written communications.
Mindy Fernandes of Divided We Fail addressed the Board.
Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion
appears on page 131. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #08049
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2008 FIRST QUARTER
FINANCIAL FORECAST AND BUDGET AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of
Government, provides for adjustments to the adopted budget; and
WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes
budget amendments for variances between the budgeted revenue and actual revenue, and Section 23,
which authorizes budget amendments for variance between estimated revenue and projected
expenditures, amendments are required; and
WHEREAS the Fiscal Year (FY) 2008 First Quarter Financial Forecast Report has identified several
variances and budget amendments are recommended; and
WHEREAS all Mailroom expenses for the Human Resources Department are now charged to the HR -
Administration Division, and a budget amendment is recommended to re-appropriate $18,186 from the
HR - Recruitment and HRSI ($17,563) and HR -– Compensation and Benefits ($623) divisions to the
Human Resources - Administration Division to more accurately reflect the budget with the actual
expenses; and
WHEREAS pursuant to Miscellaneous Resolution #07294 Oakland County is now providing toxicology
services to the Counties of Bay, Jackson, Lapeer, Saginaw and Tuscola , and a budget amendment is
required to recognize the revenue from these agreements and to provide sufficient appropriation to
support the Toxicologist position performing the work; and
WHEREAS with the continuance of one Medical Examiner’s Forensic Toxicology Chemist position per
Miscellaneous Resolution #07294, a budget amendment of $12,034 is recommended to budget for the
continued usage of equipment associated with this position, and sufficient funding is projected to be
available in the Non-Department’s Indirect Cost Recovery Revenue; and
WHEREAS a budget amendment is requested to re-appropriate $98,000 from the Non-Departmental
Legislative Expense account to the Board of Commissioners’ Public Information account for expenses
related to printing and publishing the Board of Commissioners’ Annual Report; and
WHEREAS a budget amendment is necessary for the Circuit Court as Fiscal Year 2008 Budget
overstated due to position reclassifications per Miscellaneous Resolution #06231, a departmental
reorganization per Miscellaneous Resolution #06236, and the Fiscal Year 2007 Michigan Drug Court -
Juvenile Drug Court Grant Acceptance per Miscellaneous Resolution #06223; and
WHEREAS a budget amendment is recommended to re-appropriate expense budgets within the Office
Equipment Fund per Miscellaneous Resolution #07224 in FA Proprietary Equipment Expense ($30,000)
and Miscellaneous Resolution #07290 in Other Expendable Equipment ($38,500), and update budget for
Indirect Cost Expense; and
Commissioners Minutes Continued. March 20, 2008
113
WHEREAS a budget amendment is requested to merge the Farmers’ Market Fund (#56100) with the
Facilities Maintenance and Operations Fund (#63100) due to the small size of the fund and to increase
accounting efficiency; and
WHEREAS the Health Division is requesting the transfer of $1,000 from the Health Bioterrorism Grant
(#28605) to the Project Work Order Fund (#40400) to purchase additional equipment for the Golden Oaks
Lab Renovations Project (#100000000918); and
WHEREAS the Community Corrections Division is requesting the transfer of $12,000 from the Byrne
Justice Assistance Grant (#27375) to the Facilities Maintenance and Operations Fund (#63100) for the
purchase and installation of security system cameras in the W.A.M. Building; and
WHEREAS Ciena Healthcare has assumed operation of the former Medical Care Facility and a budget
amendment is required for the Fiscal Year 2008 Facilities Management and Operations Fund budget to
reflect this change, while the Fiscal Year 2009 Executive Recommended Budget will also incorporate this
change; and
WHEREAS the Economic Development Corporation (EDC) Board has approved the Fiscal Year 2008
Special Revenue Budget for the EDC in the amount of $50,000 and a budget amendment in the amount
of $3,000 is recommended to amend the Fiscal Year 2008 Special Revenue Budget for the Economic
Development Corporation Fund (#21180); and
WHEREAS the Health Division replaced Health Emergency Vehicle to dispense medical goods offsite
and a budget amendment of $13,000 is necessary in the Motor Pool Fund budget to recognize additional
funding from the Health Fund for the cost of the vehicle; and
WHEREAS a budget amendment of $105,405 is requested to correct the accounting in the Motor Pool
Fund for the purchase of 11 used vehicles for undercover work within the Sheriff’s Office, which should be
expensed instead of depreciated, and a budget amendment of $1,100,000 to correct the accounting for
amendment approved per Miscellaneous Resolution #07290; and
WHEREAS a budget amendment in the amount of $546,227 is recommended to correct the account
number for salaries and fringes in Central Services/Support Services from Materials Management to
Printing, as well as re-appropriate budget for operating expenditures in the amount of $127,232 to more
accurately reflect the budget with actual expenses; and
WHEREAS an adjustment of $68,488 was made during the Fiscal Year 2008/Fiscal Year 2009 Budget
Process to correctly reflect the Risk Management position under the Fringe Benefit Fund, however, the
amendments were incorrectly stated, which resulted in both the Building and Liability Insurance Fund and
Fringe Benefit Fund being out of balance, and a budget amendment is recommended to correct this error;
and
WHEREAS Per Miscellaneous Resolution #08026 amended departmental budgets for Liability Insurance,
and a budget amendment is recommended to reflect corresponding change in the Liability Insurance
revenue and Claims Paid expenditure accounts; and
WHEREAS the County has purchased 31 defibrillators for several buildings and a budget amendment of
$57,589 is requested to cover the cost within the Building Liability Fund; and
WHEREAS a budget adjustment in the Fringe Benefit Fund is recommended to re-appropriate $850,000
from Retirement Administration to Deferred Compensation-County Match to more accurately reflect the
budget with the actual expenses; and
WHEREAS the Information Technology Fund requests a re-appropriation of previously approved funds
for various projects such as Data Warehouse enhancements, Criminal Justice Coordinating Council
(CJCC), Business Intelligence Program, Community Crime Watch, Del-Tax Upgrade, 52 District Court
Enhancement, Drain Apportionment, and Jury System; and
WHEREAS at their November 7, 2007 meeting, the Parks and Recreation Commission approved budget
amendments to appropriate Parks funds for the Info Tech master plan and the Nature Center bridge
Project; and
WHEREAS Miscellaneous Resolution #08026 reduced the transfer from the General Fund to the Capital
Cooperative Initiatives Fund #21150, (CCIRF), and an amendment is recommended to reflect the change
in CCIRF and update the budget for continued projects and investment income; and
WHEREAS Miscellaneous Resolution #08026 amended the General Fund transfer to Fund #21130 and
an amendment is recommended to update the Jail Population Management Fund (#21130); and
WHEREAS Section 25 of the General Appropriations Act requires that the Board of Commissioners
receive a quarterly report regarding adjustments made to Inmates accounts on transactions billed in
excess of ability to pay as well as approve the write-offs of any bad debts in excess of $1,000; and
Commissioners Minutes Continued. March 20, 2008
114
WHEREAS adjustments made to the Inmate Accounts for Fiscal Year 2008 during the period of October
through December totaled $356,329.31; and
WHEREAS pursuant to Miscellaneous Resolution #08206 the Board of Commissioners imposed a budget
task on County operations of not less than $3.5 million to be allocated based upon the department’s or
office’s percentage of the General Fund/General Purpose operating budget; and
WHEREAS the Fiscal Year 2008 budget must be amended to reflect this Board imposed budget task.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2008
First Quarter Financial Report.
BE IT FURTHER RESOLVED that the Fiscal Year 2008 budget be amended pursuant to the attached
schedules.
BE IT FURTHER RESOLVED that due to the merger of the County’s Farmers’ Market Fund (#56100) with
the Facilities Maintenance and Operations Fund (#63100), the County Market Fund (#56100) be
eliminated.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Memo regarding Letter of Transmittal – Fiscal Year 2008 First Quarter Forecast Report,
Schedule A - Fiscal Year 2008 First Quarter Budget Amendments General Fund/General Purpose,
Schedule B - Fiscal Year 2008 First Quarter Budget Amendments Proprietary/Special Revenue Funds,
Schedule C - Fiscal Year 2008 Budget Task Amendment and Fiscal Year 2008 First Quarter Financial
Report General Fund/General Purpose Revenue and Expenditures on file in County Clerk’s office.
(The vote for this resolution appears on page 131.)
*REPORT (MISC. #08050)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – SUPPORT FOR APPLICATION TO THE
MICHIGAN NATURAL RESOURCES TRUST FUND FOR THE OAKLAND COUNTY PARKS AND
RECREATION NATURAL AREAS ACCESSIBILITY PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-referenced resolution on March 11,
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 #08050
BY: General Government Committee, Christine Long, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – SUPPORT FOR APPLICATION TO THE
MICHIGAN NATURAL RESOURCES TRUST FUND FOR THE OAKLAND COUNTY PARKS AND
RECREATION NATURAL AREAS ACCESSIBILITY PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission has been notified that applications for
the Michigan Natural Resources Trust Fund may be submitted for the 2008 funding cycle; and
WHEREAS the Oakland County Parks and Recreation Commission has resolved on January 9, 2008 to
submit an application for the Natural Areas Accessibility Program development grant; and
WHEREAS the Oakland County Parks and Recreation Commission has the required grant match funds
available to expand the development of park facilities; and
WHEREAS the purpose of said grant is to provide access to open space, facilities and recreational
opportunities for all residents of Oakland County; and
WHEREAS the grant meets the goals and objectives of the Oakland County Recreational Master Plan
Update – 2007; and
WHEREAS the grant agency requires a resolution from the Governing Body in support of the application.
Commissioners Minutes Continued. March 20, 2008
115
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Parks and Recreation Commission to submit said grant application as stated above, with said monies for
this project to come from Parks and Recreation funds and funds awarded as a result of this grant
application.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Parks and Recreation, E-mail regarding Grant Review: Oakland County
Parks and Recreation 2008 Michigan Natural Resources Trust Fund Development Grant Application, E-
mail regarding MDNR Trust Fund Development Highland, Lyon, and Rose Oaks – Parks – Grant
Application, Natural Areas Accessibility Program Development Grant, 2008 Grant Application, Additional
Information to Form 5750, Project Narrative, and Park Boundary Maps on file in County Clerk’s office.
FISCAL NOTE (MISC. #08050)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – SUPPORT FOR APPLICATION TO THE
MICHIGAN NATURAL RESOURCES TRUST FUND FOR THE OAKLAND COUNTY PARKS AND
RECREATION NATURAL AREAS ACCESSIBILITY PROGRAM
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The purpose of the grant application is to secure funding to provide access to open space,
facilities and recreational opportunities for all residents of Oakland County.
2. The application requests funding in the amount of $500,000, with $220,000 (44%) in State
Funds and $280,000 (56%) in local match coming from ¼ mil Oakland County Parks and
Recreation Fund revenues.
3. The Oakland County Parks and Recreation Commission approved support for this application
on February 9, 2008.
4. This is the first year of the award with the Michigan Department of Natural Resources Trust
Fund.
5. The application is due by April 1, 2008.
6. The grant funding period is from April 1, 2008 through December 31, 2008.
7. This grant requires a resolution be approved by the Board of Commissioners to authorize the
application for funding.
8. A fiscal report has also been submitted to meet the requirements of the grant procedures.
FINANCE COMMITTEE
(The vote for this motion appears on page 131.)
*MISCELLANEOUS RESOLUTION #08051
BY: General Government Committee, Christine Long, Chairperson
IN RE: CLERK/REGISTER OF DEEDS - CALENDAR YEAR 2008 ASSISTANCE FOR SURVEY,
MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this is an ongoing grant, and the fifteenth (15th) year of funding by the State of Michigan,
Department of Labor and Economic Growth; and
WHEREAS the grant award of $503,120 consists of $403,120 in current program costs and $100,000 as
reimbursement for past expedited expenditures; and
WHEREAS no additional personnel or local match is required; and
WHEREAS acceptance of this grant does not obligate the County to any future commitment; and
WHEREAS approximately 4,303 corners have been remonumented and approved by the Peer Review
process and 72 corners are currently being remonumented through the Remonumentation Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Assistance for Survey, Monumentation and Remonumentation Grant for the period of January 1, 2008
through December 31, 2008 in the amount of $503,120.
Commissioners Minutes Continued. March 20, 2008
116
BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is
authorized to execute said agreement.
BE IT FURTHER RESOLVED that with acceptance of the grant, the Oakland County Board of
Commissioners hereby appoints the County Clerk/Register of Deeds, or her designee, as the Grant
Administrator.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
continuation of the Remonumentation Program.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Clerk/Register of Deeds, Letter from Nancy K. Johnson, Analyst, Office
of Land Survey and Remonumentation, and Grant Between the State of Michigan Department of Labor
and Economic Growth and Oakland County on file in County Clerk’s office.
FISCAL NOTE (MISC. #08051)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: CLERK/REGISTER OF DEEDS – CALENDAR YEAR 2008 ASSISTANCE FOR SURVEY,
MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Michigan Department of Labor and Economic Growth has awarded Oakland County
$503,120 for on-going funding of the Remonumentation program.
2. The grant award is for Calendar Year 2008 beginning January 1, 2008 through December
31, 2008.
3. $403,120 will fund current program costs and $100,000 is reimbursement for expedited
expenditures.
4. No county match is required.
5. A budget amendment to the Fiscal Year 2008 Special Revenue Fund budget is
recommended as follows:
SPECIAL REVENUE FUND #29220 Adopted Change Amended
Revenue FY 2008 FY 2008 FY 2008
2010401-172180-615571 Grant-State $987,218 ($584,098) $403,120
Total Special Revenue Fund Revenue $987,218 ($584,098) $403,120
Expenditures
2010401-172180-702010 Salaries $ 72,481 ($ 17,281) $ 55,200
2010401-172180-722740 Fringes $ 48,594 ($ 23,794) $ 24,800
2010401-172180-730709 Fees-Per Diem$ 15,000 $ 3,000 $ 18,000
2010401-172180-740128 Remon. Exp. $849,436 ($546,316) $303,120
2010401-172180-778675 Telephone $ 1,707 $ 293 $ 2,000
Total Special Revenue Fund Expenses $987,218 ($584,098) $403,120
FINANCE COMMITTEE
(The vote for this motion appears on page 131.)
*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 20, 2008
117
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.
FISCAL NOTE (MISC. #08037)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2008 DEVELOPMENT
APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The resolution appropriates and charges the Information Technology First Quarter 2008
Development cost to benefiting departments.
2. The first quarter data processing development charges are $1,404,040.10; imaging
development charges are $8,986.79 for General Fund/General Purpose departments; direct
charges to Special Revenue and Proprietary Fund departments are $327,134.82, non-
governmental imaging development charges are $488.00, and charges to non-county
agencies are $518.50.
3. The respective departmental Fiscal Year 2008 budgets are to be amended as specified in the
attached schedule.
FINANCE COMMITTEE
(The vote for this motion appears on page 131.)
*MISCELLANEOUS RESOLUTION #08052
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (HIGHLAND UNITED METHODIST
CHURCH PROJECT) – CHARTER TOWNSHIP OF HIGHLAND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions
of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen
and revitalize the County's economy and to encourage the location and expansion of such enterprises to
provide needed services and facilities to the County and its residents; and
WHEREAS the Economic Development Corporation’s Act, Act No. 338 of the Michigan Public Acts of
1974, as amended (the "Act") provides a means for the encouragement of such projects in this County
through the County's Economic Development Corporation (the "EDC"); and
Commissioners Minutes Continued. March 20, 2008
118
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project
(Highland United Methodist Church Project) and has designated to this Board of Commissioners a Project
Area and Project District Area for its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies
and approves the Project Area as designated by the EDC.
BE IT FURTHER RESOLVED that it having been determined that the territory surrounding said
designated Project Area will not be significantly affected by the Project because the surrounding territory
is devoted to commercial/industrial uses, a Project District Area having the same description as and
boundaries coterminous with the Project Area herein certified as approved be hereby established.
BE IT FURTHER RESOLVED that it having been determined that there are less than eighteen residents,
real property owners, or representatives of establishments located within the Project District Area, a
Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Highland United Methodist Church EDC No. 08-02 on file in County Clerk’s office.
(The vote for this motion appears on page 131.)
*MISCELLANEOUS RESOLUTION #08053
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (HIGHLAND UNITED METHODIST
CHURCH PROJECT) – CHARTER TOWNSHIP OF HIGHLAND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The
Economic Development Corporation of the County of Oakland designating a Project Area and Project
District Area for a project (Highland United Methodist Church Project) under the Economic Development
Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland
of two additional directors to the Board of said Economic Development Corporation in connection with
said Project, in accordance with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
appointments of Laura Maisevich and Steffi Korens, who are representative of neighborhood residents
and business interests likely to be affected by said Project, to the Board of Directors of The Economic
Development Corporation of the County of Oakland. They are hereby confirmed in accordance with
Section 4(2) of the Act, and such additional Directors shall cease to serve when the Project is either
abandoned or, if undertaken, is completed in accordance with the Project Plan therefore.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby
repealed, but only to the extent of such conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Assistant Secretary of the Board of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Appointment of Additional Directors to the EDC by the County Executive for the Highland United
Methodist Church on file in County Clerk’s office.
(The vote for this motion appears on page 131.)
Commissioners Minutes Continued. March 20, 2008
119
*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
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.
Commissioners Minutes Continued. March 20, 2008
120
NORTH OAKLAND COUNTY HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
[NAME OF MUNICIPALITY]
This Interlocal Agreement ("the AGREEMENT") is made between Oakland County, a Constitutional and
Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("COUNTY"), and [Name and
Address of Municipality] ___________________
_____________________________________________________ ("MUNICIPALITY"). In this
AGREEMENT the COUNTY and the MUNICIPALITY may also be referred to individually as "Party" or
jointly as "Parties."
1. INTRODUCTORY STATEMENTS
1.1 The northern cities, villages and townships of Oakland COUNTY are committed to
protection of the natural environment and preventing toxic materials from entering their
waterways and landfill resources.
1.2 In order to accomplish this goal, there is a need to provide regular and easily accessible
household hazardous waste collection services to north Oakland COUNTY residents.
1.3 These northern cities, villages and townships have sought the COUNTY’S assistance in
coordinating a household hazardous waste collection program.
1.4 The COUNTY has agreed to assist these communities by coordinating and facilitating this
AGREEMENT in order to form a comprehensive household hazardous waste management
program.
1.5 This interlocal AGREEMENT will allow participating communities to obtain economic
benefits of scale, without placing an undue burden on any one community, in the provision
of a coordinated program of household hazardous waste collection and disposal.
Residents of these communities will enjoy access to a coordinated, convenient, ongoing
collection program supported by an aggressive educational program regarding the hazards
of household hazardous wastes and their proper re-use and disposal.
2. PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL
124.501 et seq., the COUNTY and the MUNICIPALITY enter into this AGREEMENT for the
purpose of developing a comprehensive household hazardous waste management program
(“Program”) that will meet the following goals and objectives.
3. GOALS OF THE PROGRAM:
3.1 To provide regular, reliable and easily accessible household hazardous waste collection
services to the residents of northern Oakland COUNTY. The Program will help prevent
toxic materials from entering Oakland COUNTY’S waterways, water tables, and landfill
resources and help to remove them from potentially hazardous situations in area
households.
3.2 To establish, coordinate, and promote an educational program to inform residents about
re-use, return, and reduction of potentially hazardous materials, bolster community spirit,
and educate residents about environmentally sensitive behavior in general.
4. OBJECTIVES OF THE PROGRAM:
4.1 Increase public awareness of return, disposal, and source reduction options.
4.2 Initiate a reliable, regular, and convenient collection program for household hazardous
waste collection;
4.3 Promote knowledge of program requirements;
4.4 Help divert significant quantities of household hazardous materials from landfills,
4.5 Help return significant quantities of potentially household hazardous materials to point of
purchase or recycling outlets for proper disposition; and
4.6 Collect data about the amount and type of household hazardous materials in north
Oakland COUNTY and their ultimate disposition.
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NOW THEREFORE, in consideration of the mutual promises, obligations, representations, and
assurances in this AGREEMENT, the Parties agree to the following:
5. 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 non-
possessive, shall be defined, read, and interpreted as follows:
5.1 “ACCEPTABLE HAZARDOUS WASTE” shall be defined as any and all forms of
HAZARDOUS WASTE that the HAZARDOUS WASTE VENDOR specifically agrees to
collect and properly dispose of and/or recycle at any and all collection events throughout
this program.
5.2 “ADMINISTRATIVE COSTS” shall be defined as any and all Program costs, expenses,
wages, salaries, fringe benefit costs, equipment, supplies, administrative overhead,
building costs, or any costs and expenses that are incurred and/or paid by the COUNTY in
the administration of this program. ADMINISTRATIVE COSTS and HAZARDOUS WASTE
COLLECTION COSTS are mutually exclusive cost categories.
5.3 “AGENT” OR “AGENTS” of the COUNTY or the MUNICIPALITY, shall be defined to
include any and all of that Party’s officers, elected officials, appointed officials, directors,
board members, council members, authorities, boards, committees, commissions,
employees, managers, departments, divisions, volunteers, AGENTS, representatives,
and/or any such persons’ successors or predecessors, employees, attorneys, or auditors
(whether such persons act or acted in their personal, representative, or official capacities),
and/or any and all persons acting by, through, under, or in concert with any of them.
AGENT shall also include any person who was an AGENT at any time during this
AGREEMENT but for any reason is no longer employed, appointed, or elected in that
capacity. AGENT, as defined for any purpose in this AGREEMENT, shall NOT include the
HAZARDOUS WASTE VENDOR.
5.4 “AGREEMENT” means the terms and conditions of this AGREEMENT, Exhibits A and B
referenced below and any other mutually agreed to and properly executed modification,
amendment, addendum, or change order.
5.4.1 Exhibit A (ADMINISTRATIVE and HAZARDOUS WASTE COLLECTION
COSTS)
5.4.2 Exhibit B (Population statistics and estimates of percentage of total participation
in program contributed by MUNICIPALITY used to calculate ADMINISTRATIVE
COSTS of this program for participating MUNICIPALITIES).
5.5 “CLAIM(S)” shall be defined to include any and all losses, complaints, demands for relief or
damages, suits, causes of action, proceedings, judgments, deficiencies, penalties, costs
and expenses, including, but not limited to, any reimbursement for reasonable attorney
fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid
in settlement, or any other amount for which the COUNTY and/or any COUNTY AGENT
becomes legally and/or contractually obligated to pay, or defend against, or any other
liabilities of any kind whatsoever, whether direct, indirect or consequential, whether based
upon any alleged violation of the constitution (federal or state), any statute, rule, regulation
or the common law, whether in law or equity, tort, contract, or otherwise and/or whether
commenced or threatened and arising out of any alleged breach of any duty by the
MUNICIPALITY or any MUNICIPALITY AGENT under or in connection with this
AGREEMENT or are based on or result in any way from the MUNICIPALITY’S
participation in the AGREEMENT.
5.6 “COLLECTION SCHEDULE” means the dates scheduled for hazardous waste collection
services throughout North Oakland County. Oakland County will schedule dates and
times for hazardous waste collection services for the 2007 year program in cooperation
with the NO HAZ Board.
5.7 “COLLECTION SITE PROTOCOL” shall be a clearly defined set of operating procedures
for every scheduled hazardous waste collection event. This protocol shall clearly define
the duties and responsibilities of the HAZARDOUS WASTE VENDOR, COUNTY, and
MUNICIPALITY at each collection event. The protocol shall clearly provide that the
HAZARDOUS WASTE VENDOR is solely responsible for the collection, sorting, transport
and proper disposition of all ACCEPTABLE HAZARDOUS WASTE collected at an event.
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The COUNTY has developed this protocol in consultation with the NO HAZ VENDOR and
NO HAZ BOARD, and will update as needed or requested by the parties.
5.8 “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, subcontractors, volunteers,
and/or any such persons’ successors.
5.9 “HAZARDOUS WASTE VENDOR” shall be defined as the vendor selected by the
COUNTY to perform hazardous waste collection services on behalf of participating
municipalities. The HAZARDOUS WASTE VENDOR will conduct and oversee household
hazardous waste collection events throughout northern Oakland County. The vendor will
be responsible for all core operations at each event including receiving and handling of
household hazardous wastes, waste characterization, manifestation and ultimate
disposition of materials collected. The vendor will assume all liability for ACCEPTABLE
HAZARDOUS WASTE once collected.
5.10 “HAZARDOUS WASTE COLLECTION COSTS” shall be defined as any and all actual
amounts paid to the HAZARDOUS WASTE VENDOR by the COUNTY on behalf of
participating MUNICIPALITIES for the collection and disposal of ACCEPTABLE
HAZARDOUS WASTE.
5.11 “MUNICIPALITY” as defined above also includes, without limitation, its Council, any and all
of its departments, its divisions, elected and appointed officials, directors, board members,
council members, commissioners, authorities, committees, employees, AGENTS,
subcontractors, volunteers, and/or any such persons’ successors.
5.12 “NORTH OAKLAND HOUSEHOLD HAZARDOUS WASTE ADVISORY BOARD” (“NO
HAZ BOARD”) means an advisory board made up of one appointed representative from
each participating MUNICIPALITY. This board shall provide counsel and
recommendations to the COUNTY regarding the operation and administration of this
Program.
6. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this
AGREEMENT, and applicable changes in law, the COUNTY shall carry out the following:
6.1 The COUNTY shall be responsible for development and operation of the Program and
shall enter into contracts for the benefit of the Program. Such contracts include, but are
not limited to, a contract with the HAZARDOUS WASTE VENDOR.
6.2 In 2007 the COUNTY prepared a Request for Proposal (RFP) that was used to solicit bids
from potential HAZARDOUS WASTE VENDORS for the program, based on established
program terms and conditions. The COUNTY, using its best efforts, has selected and will
contract with Environmental Recycling Group, a HAZARDOUS WASTE VENDOR for 2008
NO HAZ program.
6.3 The COUNTY, together with the NO HAZ BOARD, will monitor the services and activities
of the HAZARDOUS WASTE VENDOR in order to insure that all terms and conditions of
the HAZARDOUS WASTE VENDOR contract are satisfied. The COUNTY will take
whatever steps are reasonably necessary, in its sole discretion, to modify or correct a
deficiency in the HAZARDOUS WASTE VENDOR service and/or to enforce or terminate
the agreement in the event of default by the HAZARDOUS WASTE VENDOR.
6.4 The COUNTY shall be responsible for selecting dates and locations for hazardous waste
collection services with the recommendation of the NO HAZ BOARD.
6.5 The COUNTY, in consultation with the HAZARDOUS WASTE VENDOR and NO HAZ
BOARD, shall develop a COLLECTION SITE PROTOCOL for hazardous waste collection
events within the MUNICIPALITY.
6.6 The COUNTY, in consultation with the NO HAZ BOARD, shall formulate a survey to be
filled out by MUNICIPAL residents upon their arrival at a scheduled collection event. This
survey will require residents to provide their name and address (including street, city or
township and zip code). Information gathered by way of this survey shall only be used by
the COUNTY for reasons directly related to the administration of the NO HAZ program
which include, but are not limited to, the calculation of HAZARDOUS WASTE
COLLECTION COSTS for each MUNICIPALITY participating in this AGREEMENT. Each
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123
NO HAZ BOARD member shall have the opportunity to review the addresses of
participants to verify all are located within the MUNICIPALITY prior to invoices being sent
out. All personal identifying information collected from MUNICIPAL residents shall be
confidential and will not be released by the County except as required by law or court
order.
6.7 The COUNTY shall provide educational support for the Program.
7. MUNICIPALITY’S RESPONSIBILITIES
7.1 Upon approval of this agreement, The MUNICIPALITY shall appoint a MUNICIPAL
AGENT to the NO HAZ BOARD to represent its interests. This Board member shall be
available to assist the COUNTY, as necessary, in the administration of the program within
the MUNICIPALITY.
7.2 Each MUNICIPALITY is required to provide a MUNICIPAL AGENT at each of the three
collection events. In the event that a MUNICIPALITY fails to supply a MUNICIPAL
AGENT at each collection event, the MUNICIPALITY will be assessed the following fees:
A MUNICIPALITY that had 20 participants or less at 2007 NO HAZ events will be
assessed $50.00 per collection event in 2008. A MUNICIPALITY that had 21-100 total
participants at 2007 NO HAZ events will be assessed $125.00 per collection event in
2008. A MUNICIPALITY that had 101 or more total participants at 2007 NO HAZ events
will be assessed $250.00 per collection event in 2008. In the event a MUNICIPALITY was
not a member of the NO HAZ Consortium during the 2007 program, and does not supply a
MUNICIPAL AGENT at each collection event, the MUNICIPALITY will be assessed as
follows: A MUNICIPALITY with a population of 10,000 or less will be assessed $50.00 per
collection event. A MUNICIPALITY with a population between 10,001 and 50,000 will be
assessed $125.00 per collection event. A MUNICIPALITY with a population over 50,000
will be assessed $250.00 per collection event. 2000 census figures will be used to
determine the population of each MUNICIPALITY. Each MUNICIPALITY will do its best to
provide a MUNICIPAL AGENT at each collection event, as many workers are needed to
make the collection events run smoothly.
7.3 The MUNICIPAL AGENT shall assist the COUNTY and HAZARDOUS WASTE VENDOR
in the set-up and operation of hazardous waste collection events. Such assistance may
include the provision of MUNICIPAL AGENTS to oversee traffic control, greeting residents
and administering the surveys, and taking donations.
7.4 At each collection event, MUNICIPAL AGENTS shall have each program participant fill out
the survey provided by the COUNTY. These surveys shall be given to the COUNTY for
purposes of calculating HAZARDOUS WASTE COLLECTION COSTS for participating
MUNICIPALITIES
7.5 The MUNICIPALITY further agrees that no MUNICIPALITY AGENT, either as a result of
or arising out of any act(s) by a MUNICIPALITY AGENT in the performance of any duty
under this AGREEMENT, shall be considered to be a COUNTY employee or COUNTY
AGENT. The MUNICIPALITY agrees that it shall be solely and completely liable for any
and all MUNICIPALITY AGENTS’ past, present, or future wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/ or other allowances of
reimbursements of any kind, including, but not limited to, workers’ disability compensation
benefits, unemployment compensation, Social Security Act protections and benefits, any
employment taxes and/or any other statutory or contractual right or benefit based on or in
any way related to any MUNICIPALITY AGENT’S employment status or any alleged
violation of any MUNICIPALITY AGENT’S statutory, contractual, constitutional or civil
rights by the MUNICIPALITY, the COUNTY or any COUNTY AGENT. The
MUNICIPALITY agrees to indemnify and hold harmless the COUNTY from and against
any and all CLAIM(S) which are imposed upon, incurred by, or which are based upon,
result from, or arise from, or are in any way related to any MUNICIPALITY AGENT’S
wages, compensation, benefits or other employment-related or based rights, including, but
not limited to, those described in this Paragraph.
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7.6 Neither the MUNICIPALITY nor the COUNTY is responsible for handling or disposing of
household hazardous waste. This function will be performed solely by the HAZARDOUS
WASTE VENDOR.
8. FINANCIAL RESPONSIBILITIES.
8.1 The COUNTY, subject to the terms of this AGREEMENT, will advance such funds as are
necessary to pay the HAZARDOUS WASTE COLLECTION COSTS and
ADMINISTRATIVE COSTS of the PROGRAM. The MUNICIPALITY shall repay the
COUNTY in the following manner.
8.2 The MUNICIPALITY shall repay the COUNTY a percentage of the total ADMINISTRATIVE
COST of the PROGRAM. The MUNICIPALITY’S share of administrative costs under the
program shall be the sum total of two different calculations. The first calculation, based
upon MUNICIPAL population figures, represents half of the MUNICIPALITIES share of
ADMINISTRATIVE COSTS under the program. This figure shall be based upon total
MUNICIPAL population compared to the overall population of participating
MUNICIPALITIES program-wide. For purposes of illustration without limitation, if the
MUNICIPALITY consists of 1,000 residents and there are a total of 10,000 MUNICIPAL
residents served program-wide, then the MUNICPALITY would pay 10 (ten) percent of this
half of the PROGRAM’S total ADMINISTRATIVE COST. The second half of the
MUNICIPALITY’S total ADMINISTRATIVE COST shall be the percentage of total
MUNICIPAL participation compared to the overall participation of residents program-wide.
For purposes of illustration without limitation, if 1,000 MUNICIPAL residents participate in
the program and there are a total of 10,000 MUNICIPAL residents participating program-
wide, then the MUNICIPALITY would pay 10 (ten) percent of this half of the
ADMINISTRATIVE COST.
8.2.1 If a MUNICIPALITY hosts a hazardous waste collection event as part of this
program on municipally owned property, the MUNICIPALITY shall be
reimbursed by the COUNTY out of the program’s administrative budget. The
amount of money provided to reimburse a MUNICIPALITY for hosting a
collection event shall be a set amount and will be determined by the NO HAZ
BOARD. Any expenses incurred by a MUNICIPALITY which are beyond the
amount determined by the NO HAZ BOARD to be appropriate for a collection
event shall be the sole responsibility of the MUNICIPALITY.
8.3 The MUNICIPALITY shall also repay the COUNTY a portion of the HAZARDOUS WASTE
COLLECTION COSTS. The HAZARDOUS WASTE COLLECTION COSTS will be all
costs paid by the COUNTY to the HAZARDOUS WASTE VENDOR for collecting and
disposing of a MUNICIPAL resident’s hazardous waste material. The MUNICIPALITY
may cap its HAZARDOUS WASTE COLLECTION COSTS by limiting the number of
MUNICIPAL residents that may participate in collection events. The MUNICIPALITY shall
advise the COUNTY of any such limitation upon MUNICIPAL resident participation.
8.4 The COUNTY shall submit an invoice to the MUNICIPALITY itemizing all amounts due
under this AGREEMENT for its share of ADMINISTRATIVE and HAZARDOUS WASTE
COLLECTION COSTS. The MUNICIPALITY shall pay the invoice submitted to the
COUNTY within thirty (30) days after receipt of the invoice.
8.5 Except as expressly provided in this AGREEMENT, the COUNTY is not responsible for
any cost, fee, fine or penalty incurred by the MUNICIPALITY in connection with this
AGREEMENT.
8.6 MUNICIPALITY’S Failure to Pay
8.6.1 To the maximum extent provided by law, should the MUNICIPALITY fail, for any
reason, to timely pay the COUNTY the amounts required under this
AGREEMENT, the COUNTY Treasurer shall be entitled to set-off and retain any
amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund (“DTRF”)
or any other source of funds due the MUNICIPALITY in the possession of the
COUNTY, to partially or completely offset any deficiency by the MUNICIPALITY,
unless expressly prohibited by law. Such a transfer shall be considered an
assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY
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125
waives any CLAIMS against the COUNTY, or its officials, for any such amounts
paid to the COUNTY.
8.6.2 To the maximum extent provided by law, should the MUNICIPALITY fail, for any
reason, to timely pay the COUNTY the amounts required under this
AGREEMENT, the MUNICIPALITY agrees that upon notice from the Oakland
COUNTY Treasurer to the Treasurer of the State of Michigan (or any other State
of Michigan official authorized to disburse funds to the MUNICIPALITY), the
State of Michigan is authorized to withhold any funds due the MUNICIPALITY
from the State, and assign those funds to partially or completely offset any
deficiency by the MUNICIPALITY to the COUNTY. Such funds shall be paid
directly to the COUNTY. Further, the MUNICIPALITY waives any CLAIMS
against the State or COUNTY, or their respective officials, for any such amounts
paid to the COUNTY.
8.6.3 Neither of these provisions shall operate to limit in any way the COUNTY’S right
to pursue any other legal remedies against the MUNICIPALITY for the
reimbursement of amounts due the COUNTY under this AGREEMENT. The
remedies in this paragraph are available to the COUNTY on an ongoing and
successive basis, as the MUNICIPALITY becomes delinquent in its payments.
9. MUNICIPALITY INDEMNIFICATION OF COUNTY.
9.1 Unless prohibited by law, the MUNICIPALITY agrees to indemnify, defend, and hold
harmless the COUNTY and/or any COUNTY AGENT from any CLAIM(S), loss, or damage
connected to or resulting from any work done by the MUNICIPALITY and/or any
MUNICIPALITY AGENT’S under this AGREEMENT, unless such loss or damage is
caused by the MUNICIPALITY and/or MUNICIPALITY AGENTS following direct
instructions from COUNTY AGENT(S).
10. HAZARDOUS WASTE VENDOR INDEMNIFICATION OF THE MUNICIPALITY.
10.1 The COUNTY shall seek the following indemnification for participating MUNICIPALITIES
within the HAZARDOUS WASTE VENDOR CONTRACT:
10.1.1 “The Contractor will protect, defend and indemnify all Municipalities participating
in the North Oakland County Household Hazardous Waste Program, together
with their officers, agents, servants, volunteers, and employees from any and all
liabilities, claims, liens, demands, and costs, of whatever kind and nature which
may result in injury or death to any persons, and for loss or damage to any
property, including property owned or in the care, custody or control of
participating MUNICIPALITIES in connection with or in any way incident to or
arising out of the occupancy, use, service operations, performance, or non-
performance of work in connection with this contract resulting in whole or in part
from negligent acts or omissions of Contractor, any sub-contractor, or any
employee, agent or representative of the Contractor or subcontractor.
11. LENGTH OF AGREEMENT. This AGREEMENT shall remain in effect for one year after the
effective date of the HAZARDOUS WASTE VENDOR CONTRACT or until cancelled or
terminated by either Party pursuant to Section 12 below. If the MUNICIPALITY terminates this
AGREEMENT after the program has commenced but before the expiration of the HAZARDOUS
WASTE VENDOR CONTRACT, it shall nevertheless remain liable for its share of the
ADMINISTRATIVE and HAZARDOUS WASTE COLLECTION COSTS for the one-year term of
the Agreement.
12. COMMENCEMENT OF AGREEMENT. This agreement shall not become binding upon either
party until such time as the COUNTY becomes contractually obligated or owing to a
HAZARDOUS WASTE VENDOR. Thirty (30) calendar days before the COUNTY becomes
contractually obligated to the HAZARDOUS WASTE VENDOR, the COUNTY will send a copy of
the proposed HAZARDOUS WASTE VENDOR contract, to the MUNICIPALITY for review. Along
with a copy of the proposed HAZARDOUS WASTE VENDOR CONTRACT, the COUNTY will
also send written notice to the MUNICIPALITY of its estimated ADMINISTRATIVE and
HAZARDOUS WASTE VENDOR COSTS under the program. If the MUNICIPALITY concludes,
in its sole discretion, that the cost of the program is too high or that indemnification and/or
insurance specifications within the HAZARDOUS WASTE VENDOR CONTRACT are inadequate,
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126
the MUNICIPALITY shall notify the COUNTY, in writing, within 45 calendar days of the date of the
COUNTY’S notice regarding costs of the program that it will not participate in the program. The
MUNICIPALITY’S participation shall be cancelled upon the timely receipt of such notice. After the
45 calendar days notice period has expired under this section, the parties may only terminate this
agreement as provided in Section 13 of this Agreement.
12.1 The COUNTY reserves the right, at any time before it becomes contractually obligated to
the HAZARDOUS WASTE VENDOR, to unilaterally cancel this agreement if it determines,
in its sole discretion, that the number of participating MUNICIPALITIES is too small to
economically support the cost of this program.
13. TERMINATION OR CANCELLATION OF AGREEMENT. Once the agreement commences (as
described in section 12 above) and the COUNTY becomes contractually obligated to the
HAZARDOUS WASTE VENDOR, the parties may only terminate this AGREEMENT as provided
below:
13.1 Either Party may terminate or cancel this AGREEMENT for any reason upon thirty (30)
days' notice. The effective date for termination or cancellation shall be clearly stated in the
notice. If the MUNICIPALITY terminates this AGREEMENT after commencement of the
program, it shall nevertheless remain liable for its share of the ADMINISTRATIVE COSTS
and HAZARDOUS WASTE COLLECTION COSTS for the term of this Agreement.
13.2 The COUNTY may cancel this AGREEMENT at any time should the MUNICIPALITY
“default” on any obligation under this AGREEMENT. “Default” is defined as the failure of
the MUNICIPALITY and/or any MUNICIPALITY AGENT to fulfill any MUNICIPALITY
obligations under this AGREEMENT. If time permits, but not otherwise, upon default, the
COUNTY shall notify the MUNICIPALITY in writing of any default and provide the
MUNICIPALITY with an opportunity to correct the situation. If after a reasonable period to
cure the default, the MUNICIPALITY has not corrected the circumstances giving rise to the
notice, the COUNTY may cancel this AGREEMENT and terminate the MUNICIPALITY’S
further participation in this program.
14. SUSPENSION OF SERVICES. Upon notice to the MUNICIPALITY and the NO HAZ ADVISORY
BOARD the COUNTY may immediately suspend this AGREEMENT if the MUNICIPALITY has
failed to reasonably comply, within the COUNTY’S sole discretion, with federal, state, or local law,
or any requirements contained in this AGREEMENT. The right to suspend services is in addition
to the right to terminate or cancel this AGREEMENT contained in Section 13. The COUNTY shall
not incur penalty, expense, or liability if services are suspended under this Section.
15. LIMITATION OF LIABILITY. Except as expressly provided otherwise in this AGREEMENT, in no
event shall either party be liable for any indirect, incidental, special or consequential damages, or
damages incurred by the other party whether in any action in contract or tort, whether or not the
other Party has been advised of the possibility of such damages. The COUNTY’S liability for any
damages hereunder shall in no event exceed the total HAZARDOUS WASTE COLLECTION
COSTS paid by the MUNICIPALITY to the COUNTY. This AGREEMENT is intended to allocate
the risks between the COUNTY and the MUNICIPALITY, and the Parties agree that the allocation
of each Party’s efforts, costs, and obligations under this AGREEMENT reflect this allocation of
risk and the limitations of liability specified herein.
15.1 The COUNTY will use its best efforts and judgment in selecting a qualified and reputable
HAZARDOUS WASTE VENDOR for this program. The MUNICIPALITY agrees to waive
any CLAIM(S) or liability against the COUNTY for any material defects, errors, mistakes,
negligence, or omissions in the bid specifications, the bid procedure, the bid award
process, the HAZARDOUS WASTE VENDOR contract negotiation process, the
preparation or execution of the HAZARDOUS WASTE VENDOR contract, or any other
errors or mistakes of fact by the COUNTY in the selection of the HAZARDOUS WASTE
VENDOR. The MUNICIPALITY agrees that at all times and for all purposes under this
AGREEMENT, the HAZARDOUS WASTE VENDOR relationship to the COUNTY shall be
that of an Independent Contractor and not a COUNTY AGENT as defined herein. The
MUNICIPALITY hereby agrees to waive any CLAIM(S) or liability against the COUNTY
based in any manner upon any act or omission of the HAZARDOUS WASTE VENDOR.
16. 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
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127
right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any
other person or entity.
17. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes,
ordinances, regulations, administrative rules, and requirements applicable to its activities
performed under this AGREEMENT, including, but not limited to, the policies, procedures, rules
and regulations attached as Exhibits to this AGREEMENT, and properly promulgated
amendments to those Exhibits.
18. 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.
19. 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 obligations under this AGREEMENT. Upon request, a
Party shall furnish copies of any permit, license, certificate or governmental authorization to the
requesting Party.
20. 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.
21. 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.
22. IN-KIND SERVICES. This AGREEMENT does not authorize any in-kind services, unless
previously agreed to by the Parties and specifically listed herein.
23. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or
assign any obligations or rights under this AGREEMENT without the prior written consent of the
other Party. A delegation, subcontract and/or assignment made without the prior written consent
of the other Party is void.
24. 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 affect its right to
require strict performance of this AGREEMENT.
25. 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.
26. 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 non-
possessive use in this AGREEMENT shall be deemed the appropriate plurality, gender or
possession as the context requires.
27. 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.
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128
27.1 If Notice is sent to the COUNTY, it shall be addressed and sent to: Oakland County Waste
Resource Management, 2100 Pontiac Lake Road, Bldg 41W, Waterford MI 48328-0409
and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph,
Pontiac, Michigan 48341.
27.2 If Notice is sent to the MUNICIPALITY, it shall be addressed to:
__________________________________________________________
27.3 Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change.
28. 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.
29. AGREEMENT APPROVAL AND AMENDMENT:
29.1 This AGREEMENT shall not become effective prior to the approval by concurrent
resolutions of the County Board of Commissioners and the governing Legislative Body of
the MUNICIPALITY. The approval and terms of this AGREEMENT shall be entered in the
official minutes and proceedings of the County Board of Commissioners and governing
Legislative Body of the MUNICIPALITY and shall also be filed with the office of the Clerk
for the County and the MUNICIPALITY. In addition, this AGREEMENT, and any
subsequent amendments, shall be filed with the Secretary of State for the State of
Michigan by the COUNTY and shall not become effective or implemented prior to its filing
with the Secretary of State.
29.2 Except as expressly provided herein, this AGREEMENT may be amended only by
concurrent written resolutions of the County Board of Commissioners and the governing
Legislative Body of the MUNICIPALITY. This AGREEMENT shall not be changed,
supplemented, or amended except as provided for herein, and no other act, verbal
representation, document, usage, or custom shall be deemed to amend or modify this
AGREEMENT.
30. ENTIRE AGREEMENT. This AGREEMENT constitutes the complete and entire AGREEMENT
between the COUNTY and MUNICIPALITY and fully supersedes any and all prior
AGREEMENTS or contemporaneous representations or understandings, verbal or oral, between
them concerning and in any way related to the subject matter of this AGREEMENT. It is further
agreed that the terms and conditions herein are contractual and are not a mere recital and that
are no other AGREEMENTS, understandings, contracts, or representations between the
MUNICIPALITY and the COUNTY in any way related to the subject matter hereof, except as
expressly stated herein.
31. CONCLUSION: For and in consideration of the mutual promises, acknowledgements and
representations set forth in this AGREEMENT, and for other good and valuable consideration, the
adequacy of which is hereby acknowledged, the COUNTY and MUNICIPALITY hereby agree to
be bound by the above terms and provisions.
IN WITNESS WHEREOF, _______________ hereby acknowledges that he has been authorized by a
resolution of the________________________________, a certified copy of which is attached, to execute
this AGREEMENT on behalf of the MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to
the terms and conditions of this AGREEMENT.
EXECUTED: ______________________________ DATE:______________
WITNESSED:______________________________ DATE:______________
IN WITNESS WHEREOF, the Chairperson of the Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this AGREEMENT on behalf of the
County of OAKLAND and hereby accepts and binds the COUNTY to the terms and conditions of this
AGREEMENT.
Commissioners Minutes Continued. March 20, 2008
129
EXECUTED: _____________________________ DATE: ______________
Chairperson
Oakland County Board of Commissioners
WITNESSED:_____________________________ DATE:_______________
Ruth Johnson
Clerk, Register of Deeds
County of Oakland
FISCAL NOTE (MISC. #08038)
BY: Finance Committee, Mike Rogers, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Oakland County has facilitated the creation of the North Oakland Household Hazardous
Waste Consortium (NO HAZ) to provide household hazardous waste collection services
to residents of northern Oakland County.
2. The resolution approves the 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 supporting resolution for the 2008 NO HAZ
Program.
3. The Interlocal Agreement requires participating municipalities to fully reimburse the
County for all costs incurred in connection with the NO HAZ Program.
4. The Fiscal Year 2008 Budget includes revenue estimates and expenditure appropriations
for the 2008 NO HAZ Program.
5. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 131.)
*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.
Commissioners Minutes Continued. March 20, 2008
130
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.
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.
FISCAL NOTE (MISC. #08039)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT EASEMENT
FOR WATER MAIN – OAKLAND COUNTY TRUSTY CAMP (TAX PARCEL NO. 14-03-100-028)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution
and finds:
1. Oakland County has recently completed an addition to the Boot Camp Building located at
the Trusty Camp, which included extending a water main for placement of a new fire
hydrant.
2. As a condition of providing water service to the property the City of Auburn Hills has
requested Oakland County grant a permanent easement for the operation, maintenance,
repair and/or replacement of a water main over a portion of the Trusty Camp property.
3. The resolution authorizes and approves the granting of an easement for water main and
related appurtenances to the City of Auburn Hills for the sum of one (1) dollar.
4. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 131.)
*REPORT (MISC. #08040)
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: DRAIN COMMISSIONER – POSITION DELETION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #08040 on March 12, 2008 reports
with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #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.
Commissioners Minutes Continued. March 20, 2008
131
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
FISCAL NOTE (MISC. #08040)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DRAIN COMMISSIONER – POSITION DELETION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. This resolution approves the Oakland County Drain Commissioner request to delete one (1)
GF/GP Civil Engineer II position (#6010305-06519) from the Engineering and Construction
Division of the Plan Review and Permit Unit.
2. The personnel change results in a net savings of $85,630 that are considered recurring savings.
3. These savings will be applied to the Drain Commissioner budget task for Fiscal Years 2008, 2009
and 2010.
4. The duties and responsibilities of this position will be distributed to other divisional employees.
5. To include the reduction in personnel operating expenses, the following budget amendment is
recommended for the Fiscal Year 2008 and Fiscal Year 2009 Adopted Budgets:
GENERAL FUND #10100
Expense FY 2008 FY 2009
6010101-155010-702010 Salaries ($54,681) ($54,681)
6010101-155010-722740 Fringes ($30,949) ($30,949)
6010101-155010-740023 Drain Comm – Budget Transition 85,630 85,630
Total $ -0- $ -0-
FINANCE COMMITTEE
Vote on Consent Agenda, as amended:
AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, 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 (with accompanying reports being accepted).
Commissioner Rogers stated there were no items to report on the Regular Agenda for the Finance
Committee.
REPORT (MISC. #08027)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – ADJUSTMENTS
TO THE HEALTH DIVISION FEE SCHEDULE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution on February 28, 2008, reports
with the recommendation that the resolution be amended to change the 6th WHEREAS paragraph to a
BE IT FURTHER RESOLVED paragraph.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
Commissioners Minutes Continued. March 20, 2008
132
MISCELLANEOUS RESOLUTION #08027
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - ADJUSTMENTS TO
THE HEALTH DIVISION FEE SCHEDULE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners has recommended returning every three years for a review and
possible update of fees; and
WHEREAS the Health Division has reviewed the fee schedule for certain personal health and
environmental health services; and
WHEREAS these fees have not been adjusted since 2003; and
WHEREAS it is indicated certain fees should be adjusted upward at this time; and
WHEREAS certain other fees are recommended to be established; and
WHEREAS fees for vaccines will be adjusted annually commensurate with changes in the cost of the
vaccine; and
WHEREAS certain environmental health activities benefit the individual person or firm being regulated as
well as the public; and
WHEREAS a percentage of benefit as established by the Board of Commissioners (Miscellaneous
Resolution #82369) has been applied to these fees; and
WHEREAS the fees being recommended for adjustment are listed on the attached schedules A and B.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
Health Division fee schedule, as detailed on the attached schedules A and B, effective immediately.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Oakland County Health Division Fee Schedule A - Fiscal Year 2008 Environmental Health Fees
for Service and Oakland County Health Division Fee Schedule B - Fiscal Year 2008 Clinical Fees for
Service on file in County Clerk’s office.
FISCAL NOTE (MISC. #08027)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – ADJUSTMENTS
TO THE HEALTH DIVISION FEE SCHEDULE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The Health Division’s fees have not been adjusted since 2003 and a modification in the
fee schedule is requested.
2. The recommended fee adjustments for certain personal health and environmental health
services are listed per the attached detail.
3. It is requested that the fee schedule be effective upon adoption of this resolution.
4. The effect of the rate increase on the Fiscal Year 2008 Budget is $273,738 which will be
re-appropriated to Budget Transition.
5. The effect on the Fiscal Year 2009 Budget will be included in the Fiscal Year 2009/Fiscal
Year 2010 County Executive Recommendation.
6. The following amendment to the Fiscal Year 2008 Amended Budget is recommended:
FY 2008
Budget
FUND 20221
Revenue
1060220-134210-615571 Pub. Swim. Pools-State $ 32,644
1060220-134080-631400 On-Site Sew. Permits 121,747
1060220-134080-632485 Well Permits Type 2 51,305
1060220-134230-630175 Campground License Fees 2,057
Commissioners Minutes Continued. March 20, 2008
133
1060220-134390-630595 Education Fees 14,463
1060220-134010-630777 Food Svs. License 7,060
1060220-134010-630770 Food Plan Review 8,975
1060220-134000-630966 Inspection Fees 953
1060220-134040-632261 Temporary Licenses 13,792
1060234-133910-630917 Immunizations 13,572
1060234-133910-631561 Pneumo-Vax 975
1060234-133910-631568 Pneumo 3rd Party 2,015
1060234-133910-630882 Hepatitis Vaccine ( 704)
1060234-133910-631659 Rabies Vaccine Fees 4,884
9090101-134860-695500-10100 Trans. from GF (273,738)
Total Public Health Fund $ -0-
GENERAL FUND 10100
Expense
9010101-134860-788001-20221 Trans. to Health Fund ($273,738)
1060101-133000-740023 Budget Transition $273,738
$ -0-
FINANCE COMMITTEE
Moved by Long supported by Greimel the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Greimel the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Greimel 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: Douglas, Gershenson, Gingell, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers,
Zack, Bullard. (12)
NAYS: Coulter, Crawford, Gosselin, Gregory, Kowall, Scott, Spector, Woodward, Burns. (9)
ABSTAIN: Greimel. (1)
A sufficient majority not having voted in favor, the resolution failed.
Discussion followed.
The Chairperson asked if there was anyone who wanted to move to reconsider.
REPORT (MISC. #08031)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR “DIVIDED WE FAIL” EFFORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced resolution on March 10,
2008, reports with the recommendation that the resolution be adopted with the following amendment:
THEREFORE BE IT RESOLVED that the County of Oakland Oakland County Board of
Commissioners, in the State of Michigan, supports the concept of the Divided We Fail
effort without endorsing any specific solution at this time. and urges our state and federal
elected officials and candidates to do the same.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. March 20, 2008
134
MISCELLANEOUS RESOLUTION #08031
BY: David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR “DIVIDED WE FAIL” EFFORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the opportunity to have access to health care and long-term financial security is a basic need
that all Americans share and it is the foundation for future generations; and
WHEREAS all Americans should have access to affordable health care, including prescription drugs, and
these costs should not burden future generations; and
WHEREAS wellness and prevention efforts, including changes in personal behavior such as diet and
exercise, should be top national priorities; and
WHEREAS Americans should have choices when it comes to long-term care - allowing them to maintain
their independence at home or in their communities with expanded and affordable financing options; and
WHEREAS we believe all Americans should have peace of mind about their future long-term financial
security; and
WHEREAS our children and grandchildren should have an adequate quality of life when they retire.
Social Security must be strengthened without burdening future generations; and
WHEREAS workers should be provided with financial incentives to save, should have access to effective
retirement plans, and should be able to keep working and contributing to society regardless of age; and
WHEREAS Americans of all ages should have access to tools to help manage their finances, and save
for the future and better, easy to understand information to help them increase their financial literacy and
manage their money wisely; and
WHEREAS individuals, businesses, health care providers, non-profit organizations, and government must
work together to find solutions - personally, privately and publicly; and
WHEREAS AARP, the Business Roundtable, the Service Employees International Union and the National
Federation of Independent Business have committed to be champions for this new American Dream by
launching Divided We Fail, an effort that engages millions of Americans to call their elected leaders to
work together across party lines to provide answers, action and accountability on these issues.
NOW THEREFORE BE IT RESOLVED that the County of Oakland, in the State of Michigan, supports this
Divided We Fail effort and urges our state and federal elected officials and candidates to do the same.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to AARP, the Business Roundtable, the Oakland County Business Roundtable, the
Service Employees International Union, the National Federation of Independent Business, the Oakland
County delegation to the Michigan and United States Legislature, the Michigan Association of Counties,
the National Association of Counties and Oakland County’s legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, ERIC COLEMAN,
VINCENT GREGORY, MATTIE HATCHETT,
MARCIA GERSHENSON, KAREN SPECTOR,
JIM NASH, DAVID COULTER, HELAINE ZACK,
TIM BURNS
Moved by Long supported by Woodward the resolution be adopted.
Moved by Long supported by Woodward the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Woodward the resolution be amended to coincide with the recommendation
in the General Government Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Commissioners Minutes Continued. March 20, 2008
135
Vote on resolution, as amended:
AYES: Crawford, Douglas, Gershenson, Gingell, Gregory, Greimel, Jacobsen, Kowall, Long,
Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter.
(21)
NAYS: Gosselin. (1)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE OAKLAND COUNTY
COMMUNITY MENTAL HEALTH AUTHORITY
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 individuals for a
three-year term beginning April 1, 2008:
COMMUNITY MENTAL HEALTH AUTHORITY (3-year term ending 03/31/11)
Robert Dillaber, Primary Consumer
Ed Farragher, General Public
Myrna LeBrun, General Public
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County
Clerk’s office.
Moved by Long supported by 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 appointments of Robert Dillaber, Ed Farragher and Myrna LeBrun
to the Community Mental Health Authority for three year terms ending March 31, 2011, be confirmed.
Vote on appointment:
AYES: Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Jacobsen, Kowall, Long,
Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter,
Crawford. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointments of Robert Dillaber, Ed Farragher and Myrna
LeBrun to the Community Mental Health Authority for three year terms ending March 31, 2011, were
confirmed.
Commissioners Minutes Continued. March 20, 2008
136
MISCELLANEOUS RESOLUTION #08054
BY: Personnel Committee, Thomas Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2008-2009 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES (AFSCME), COUNCIL 25, LOCAL 2437
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the American Federation of State, County and Municipal
Employees have been negotiating a contract covering approximately 112 Family Court employees; and
WHEREAS a two year agreement has been reached for the period October 1, 2007, through September
30, 2009, and said agreement has been reduced to writing; and
WHEREAS this agreement provides for a 1% increase for Fiscal Year 2008, and effective with the
execution of this agreement, an additional 1% increase shall be provided to employees classified as
Deputy Register II; and
WHEREAS employees represented by this bargaining unit shall receive the same general increase as
approved by the Board of Commissioners for the general non-represented employees to take effect
during Fiscal Year 2009, with the employees in the Deputy Register II classification receiving an
additional 1% increase during Fiscal Year 2009; and
WHEREAS the employees represented by this bargaining unit shall have health care benefit
contributions as provided for in Miscellaneous Resolution #06114 effective with the execution of this
agreement for 2008, and applied at the same time and in the same manner as the general non-
represented employees for 2009; 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 AFSCME Council 25, Local 2437, covering the period of
October 1, 2007, through September 30, 2009, 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 Agreement Between the County of Oakland and AFSCME Local 2437 Fiscal Year
2008-2009, Oakland County Circuit Court/Family Court and the American Federation of State, County
and Municipal Employees, AFL-CIO Council 25, Local 2437 Collective Bargaining Agreement 2007-2009,
Appendix A - Circuit Court/Family Court, and Appendix B - Circuit Court/Family Court Employees on file in
County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08055
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 1ST QUARTERLY
REPORT FOR FISCAL YEAR 2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1
- 21 provides a process for departments and employees to request a review of the salary grade
placement of classifications; and
WHEREAS the 1st Quarterly Report for Fiscal Year 2008 identifies the job studies conducted and the
salary grade changes recommended by the Human Resources Department after completion of this
review process; and
WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary
grade changes resulting from this Salary Administration Quarterly Report recommendations.
NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes
implementation of the Salary Administration Plan 1st Quarterly Report for Fiscal Year 2008, which
includes the following classification changes:
Commissioners Minutes Continued. March 20, 2008
137
Salary Grade
Classification From: To: Position Number
Retitle one (1) Chief Technical Services to a new
class titled Chief eGovernment Services
- - 1080705-00941
One (1) GIS/CAD Technician II to a new class titled
Drain-GIS/CAD Technician II
11 11 6010105-00313
Retitle ten(10) GIS/CAD Technician I to a new
class titled Drain-GIS/CAD Technician I
9 9 6010105-09092
6010501-10245
6010501-10246
6010501-06523
6010501-02137
6010501-09981
6010501-07085
6010501-01755
6010501-09273
6010501-01815
One (1) Maintenance Planner II to a new class
Construction Planner
11 12 1040801-00713
Laboratory Supervisor 12 13 1060212-00399
Director Elections 15 16 2010301-01186
One (1) Election Specialist position 10 11 2010301-02373
One (1) Election Specialist to a new class titled
Communications Specialist- Clerk Register of
Deeds
10 11 2010301-10362
One (1) Office Leader to a new class titled
Assistant Elections Specialist
7 9 2010301-08022
One (1) User Support Specialist II to a new class
titled Plat & Boundary Review Specialist
12 13 2010401-09329
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
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
Commissioners Minutes Continued. March 20, 2008
138
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.
EMERGENCY MEDICAL TRANSPORT AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
CITY OF PONTIAC
This Agreement ("the Agreement") is made between Oakland County, a Constitutional and Municipal
Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the City of Pontiac, a
Municipal Corporation, 47450 Woodward Avenue, Pontiac, Michigan 48342 (“City”). In this Agreement the
County and the City may also be referred to individually as "Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA7, MCL 124.501,
et seq., the County and City enter into this Agreement for the purpose of delineating the relationship and
responsibilities between the County and the City for emergency medical transportation when requested
by the County through a 9-1-1 communication.
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 and any other mutually agreed
to written and executed modification, amendment, or addendum.
1.2. City means the City of Pontiac, a Municipal and Constitutional Corporation including, but not
limited to, its Council, Board, any and all of its departments, its divisions, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, subcontractors, volunteers, and/or 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, 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/or any such persons’ successors.
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
2. SCOPE OF WORK.
2.1. The City shall supply all labor, materials, incidentals, and means of work to provide
emergency transportation services when requested by the County through a 9-1-1
communication.
2.2. The County shall pay the following prices for the transportation services:
2.2.1. Transportation from the requesting County department, division, or elected or appointed
official to and from any hospital in Oakland County. Standby ambulance BLS (Basic Life
Support, including two (2) staff) includes emergency ambulance service, oxygen and all
mileage: $183.40/hr – first year of this Agreement; $191.28/hr – second year of this
Agreement.
2.2.2. Transportation from the requesting County department, division, or elected or appointed
official to and from any hospital in Oakland County. Standby ambulance ALS (Advanced
Life Support, including two (2) staff) includes emergency ambulance service, oxygen and
all mileage: $220.00/hr - first year of this Agreement; $229.55/hr - second year of this
Agreement; $239.43/hr - third year of this Agreement.
Commissioners Minutes Continued. March 20, 2008
139
2.2.3. After the completion of the third year of this Agreement, the prices set forth in this section
shall not increase more than two (2%) percent annually.
2.3. The City shall perform all work under this Agreement in a professional manner and shall be
consistent with the practices of the trade.
3. FINANCIAL RESPONSIBILITIES.
3.1. The City shall submit a written invoice to the County once a month, itemizing in detail, all
amounts due and owing by the County under this Agreement. The County shall pay the
invoice within thirty (30) days of receipt of the invoice.
3.2. Prior to paying any invoice under this Agreement, the County has the right to subtract any
amount of money due to the County from the City in any matter, from any amount of money
due to the City from the County under this Agreement. The County shall provide written
notice to the City of any such set-off.
3.3. In no event, will the County pay for services rendered under this Agreement that are invoiced
sixty (60) Days after the last day of the month in which the services were received, without
the prior approval (relating to extenuating circumstances) of the Manager of Oakland County
Fiscal Services.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1. This Agreement and any amendments hereto shall be effective when executed by both
Parties with resolutions passed by the governing bodies of each Party. The approval and
terms of this Agreement and any amendments hereto shall be entered in the official minutes
of the governing bodies of each Party.
4.2. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to
Section 7.
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. In no event, shall the County be responsible for any cost, fee, fine, penalty, or direct, indirect,
special, incidental or consequential damages incurred or suffered by the City in connection
with or resulting from the City’s performance under this Agreement.
5.3. Neither the County nor City 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.
6. CITY PROVIDED INSURANCE. At all times during this Agreement, the City shall obtain and
maintain the following insurance according to the below specifications:
6.1. $3,000,000.00 Combined Single Limited Commercial General Liability Broad Form
Endorsement/or the following as minimum requirements:
6.1.1.1.1. Broad form property damage
6.1.1.1.2. Premises/Operations
6.1.1.1.3. Libel and Slander
6.1.1.1.4. Independent Contractors
6.1.1.1.5. Blanket Broad form Contractual
6.1.1.1.6. Personal Injury – delete contractual exclusion “A”
6.2. The total limits of general liability coverage required herein may be satisfied with a
combination of a primary and excess policy having not less than $3,000,000.00 in limits,
specifically listing the primary general liability policy as underlying insurance.
6.3. Worker’s Compensation Insurance, Coverage A, with limits statutorily required by any
applicable federal or state law, and Employers Liability Insurance, Coverage B, with minimum
limits of $500,000.00 each accident, $500,000.00 disease each employee and $500,000.00
disease policy limit.
Commissioners Minutes Continued. March 20, 2008
140
6.4. Automobile Liability with minimum limits of $2,000,000.00 Combined Single Limit Automobile
Liability per occurrence including hired and leased vehicles, and owned and non-owned. No-
Fault coverage as required by law.
6.5. Professional Liability with minimum limits of $1,000,000.00 per occurrence and
$1,000,000.00 aggregate.
6.6. General Requirements. At all times during this Agreement, the insurance required above
shall comply with the following requirements:
6.6.1. Insurance policies shall be issued by companies licensed or approved to do business
within the State of Michigan.
6.6.2. Insurers shall possess a minimum A.M. Best rating of A6 or operating as an approved
Michigan Municipal Risk Pool.
6.6.3. General Liability, Automobile and Professional Liability policies shall be endorsed to
name as Additional Insured/Members: Oakland County.
6.6.4. All insurance policies shall be endorsed to contain a written waiver to subrogation in favor
of the County. It is understood and agreed this provision is waived only for and only
while those specific coverages are insured with the Michigan Municipal, Risk
Management Authority.
6.6.5. All policies of insurance must be on a primary, non-contributory basis with any other
insurance and/or self-insurance carried by the County.
6.6.6. All policies shall provide a written thirty (30) Days notice of cancellation or non-renewal to
the County. Renewal certificates of insurance must be provided at least fifteen (15) Days
prior to the expiration date of any and all policies.
7. TERMINATION OR CANCELLATION OF AGREEMENT. The County or City may terminate or
cancel this Agreement for any reason upon sixty (60) Days written notice to the other Party.
8. NO IN-KIND SERVICES. This Agreement does not authorize any in-kind services by any Party,
unless otherwise expressly provided for in this Agreement.
9. 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.
10. 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.
11. 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.
12. RESERVATION OF RIGHTS. Notwithstanding any other provision in this Agreement, 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.
13. 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.
14. DELEGATION/SUBCONTRACT/ASSIGNMENT. The City shall not delegate, subcontract, and/or
assign any obligations or rights under this Agreement without the prior written consent of the County.
15. 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.
Commissioners Minutes Continued. March 20, 2008
141
No waiver by either Party shall subsequently effect its right to require strict performance of this
Agreement.
16. 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.
17. 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.
18. 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.
18.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Sheriff’s
Office, Attention: Business Manager, 1200 North Telegraph, Building 38 East, Pontiac,
Michigan 48341, and Oakland County Board of Commissioners, Attention: Chairperson, 1200
North Telegraph, Building 12 East, Pontiac, Michigan 48341.
18.2. If Notice is sent to the City, it shall be addressed to: City of Pontiac, Attention: ___________,
47450 Woodward Avenue, Pontiac, Michigan 48342.
18.3. Either Party may change the address and/or individual to which Notice is sent by notifying the
other Party in writing of the change.
19. 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.
20. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, rescissions,
waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless
otherwise agreed, the modification, amendment, rescission, waiver, or release shall be signed by the
same persons who signed the Agreement or other persons as authorized by the Parties' governing
body.
21. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and understanding
between the Parties. This Agreement supersedes 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.
IN WITNESS WHEREOF, _____________ hereby acknowledges that he/she has been authorized by a
resolution of the__________________, a certified copy of which is attached, to execute this Agreement
on behalf of the City and hereby accepts and binds the City 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, a certified copy of which is attached, 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.
Commissioners Minutes Continued. March 20, 2008
142
EXECUTED: _____________________________ DATE: ______________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED:_____________________________ DATE:_______________
Ruth Johnson, Clerk, Register of Deeds
County of Oakland
FISCAL NOTE (MISC. #08042)
BY: Finance Committee, Mike Rogers, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Emergency Medical Transport (ambulance) services formerly provided by Star
Ambulance Services will now be provided by the City of Pontiac, according to the
proposed contract terms.
2. The City of Pontiac began providing Emergency Medical Transport service for Oakland
County in March of 2007.
3. This resolution establishes a contract with the City of Pontiac; the contract has been
through the County Executive review process.
4. Funding of $35,000 is currently budgeted in the Sheriff Department’s Ambulance
Services line item for Fiscal Year 2008 and 2009.
5. The rates per the City of Pontiac contract are equal to the Star Ambulance rates. No
budget amendment is recommended.
FINANCE COMMITTEE
Moved by Potter supported by Gregory the resolution be adopted.
Moved by Potter supported by Gregory the agreement be amended as follows:
2.2.1. Transportation from the requesting County department, division, or elected or appointed
official to and from any hospital in Oakland County. Standby ambulance BLS (Basic Life
Support, including two (2) staff) includes emergency ambulance service, oxygen and all
mileage:
$183.40/hr incident – first year of this Agreement;
$191.28/hr incident – second year of this Agreement;
$199.51/incident – third year of this Agreement
2.2.2 Transportation from the requesting County department, division, or elected or appointed
official to and from any hospital in Oakland County. Standby ambulance ALS (Advanced
Life Support, including two (2) staff) includes emergency ambulance service, oxygen and
all mileage:
$220.00/hr incident – first year of this Agreement;
$229.55/hr incident – second year of this Agreement;
$239.43/hr incident – third year of this Agreement.
A sufficient majority having voted in favor, the agreement was amended to coincide with the
recommendation of the Public Services Committee.
Commissioners Minutes Continued. March 20, 2008
143
Vote on resolution, as amended:
AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Jacobsen, Kowall, Long, Middleton,
Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford,
Douglas. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
REPORT (MISC. #08043)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF'S OFFICE - USE OF FORFEITED FUNDS FOR EQUIPMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution, reports with the
recommendation that the resolution be adopted with the following amendments to the 2nd WHEREAS
paragraph:
WHEREAS the courts have distributed $1,055,010.84 $552,264.94 (balance as of 1/31/08
2/26/2008) as a result of Sheriff's Office forfeiture efforts; and
Also, amend the last WHEREAS and NOW THEREFORE BE IT RESOLVED paragraphs to correct the
dollar amount as follows:
WHEREAS the estimated expenses are $478,446 $483,446.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners authorizes
the use of $478,446 $483,446 from the Sheriff’s Office Law Enforcement Enhancement Account
(#10100-4030101-222430) to purchase the attached equipment.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
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
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
Commissioners Minutes Continued. March 20, 2008
144
Copy of Sheriff’s Office Use of Forfeited Funds, Memo from Lieutenant Timmy Atkins, Newspaper Article,
and Memo from Kent A. Gardner, Supervisor, Forensic Science Laboratory on file in County Clerk’s
office.
FISCAL NOTE (MISC. #08043)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF’S OFFICE – USE OF FORFEITED FUNDS FOR EQUIPMENT
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. Funds in the amount of $552,264.94 (balance as of 2/26/2008 resolution was corrected by Fiscal
Report) are available in the Sheriff’s Office Law Enforcement Enhancement Account.
2. The Sheriff is requesting $483,446 of these funds be used to purchase tactical Special Response
Team (SRT) equipment, training, dispatch, patrol car equipment, and operating expenses.
3. The Narcotics Enforcement Team (NET) is requesting that four (4) forfeited vehicles be added to
the County Fleet for use as undercover vehicles. These vehicles will not be replaced except by
another forfeited vehicle and will be assigned to the Sheriff’s Office NET unit.
4. Associated maintenance costs are included in the Fiscal Year 2008 and Fiscal Year 2009
Adopted budget and therefore no additional budget amendments are necessary for maintenance.
5. Funds are held in fund #10100 - account #4030101-222430. The Fiscal Year 2008 budget is
amended as follows:
GENERAL FUND #10100 FY 2008
Revenue
4030101-112580-670285 Enhancement Funds $ 483,446
Total General Fund Revenue $ 483,446
Expenditures
4030601-110040-750070 Deputy Supplies $ 249,446
4030601-110040-731304 Officer Training 19,000
4030601-110040-750154 Expendable Equip 10,000
4030601-110040-776661 Motor Pool 12,000
4030901-115140-750203 Forensic Lab Enhance 185,000
Total Operating Expense $ 475,446
4030601-110040-788001-63600 Transfer Out 8,000
Total General Fund Expenditures $ 483,446
FINANCE COMMITTEE
Moved by Potter supported by Gregory the resolution (with fiscal note attached) be adopted.
Moved by Potter supported by Gregory the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Potter supported by Gregory the resolution be amended to coincide with the recommendation
in the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Gingell, Gosselin, Gregory, Greimel, Jacobsen, Kowall, Long, Middleton, Nash, Potter,
Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas,
Gershenson. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
Commissioners Minutes Continued. March 20, 2008
145
MISCELLANEOUS RESOLUTION #08056
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - TORNADO
WARNING SYSTEM EXPANSION – TOWNSHIP OF ROYAL OAK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971,
and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within
the Oakland County Tornado Warning System; and
WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy
previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby
local units pay seventy-five percent with the County being responsible for the maintenance and electrical
costs for the sirens purchased; and
WHEREAS the Township of Royal Oak, has executed the attached purchase agreement; and
WHEREAS the Township of Royal Oak has agreed to pay seventy-five percent of the total estimated cost
of one siren; and
WHEREAS consistent with the attached standard agreement, the Township of Royal Oak agrees that
Oakland County will retain ownership of the siren and will be responsible for the maintenance and the
electrical costs for said siren purchased under this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the
contract with the Township of Royal Oak for the purchase of one tornado siren.
BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution
of the attached written agreement between the County and the Township of Royal Oak.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Township of Royal Oak Tornado Sirens Budget Summary and Severe Weather Warning System
Interlocal Agreement Between Oakland County and Royal Oak Township on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08057
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – CANCELLATION OF PROPOSED CONTRACT FOR COURT SECURITY
AT THE 50TH DISTRICT COURT – PONTIAC FOR 2006/2007/2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Chief Judge of the 50th District Court in Pontiac ordered Sheriff Deputies to attend
sessions of the court on June 19, 2006; and
WHEREAS the Board of Commissioners through Resolution #06172 authorized a contract for Court
Security with the Court and the City of Pontiac and created new Deputy positions within the Oakland
County Sheriff’s Office in order to allow the Sheriff to provide Deputies at the 50th District Court as
ordered; and
WHEREAS Miscellaneous Resolution #06172 created one Deputy II position (#10499), four Deputy I
positions (#10500, 10501, 10502, and 10503) and four Court Deputy II positions (#10504, 10505, 10506,
and 10507) to comply with the 50th District Court’s June 19, 2006 Order; and
WHEREAS the Office of Corporation Counsel prepared a proposed agreement with the 50th District
Court and/or the City of Pontiac to cover the cost and other legal issues surrounding the provision of
Deputies under the terms of the Court’s June 19, 2006 Order; and
WHEREAS the City of Pontiac never approved the contract; and
WHEREAS in an order dated February 15, 2008, the Chief Judge of the 50th District Court in Pontiac
relieved the Sheriff of his duty to provide deputies at the 50th District Court as of February 29, 2008; and
WHEREAS the positions previously created pursuant to Miscellaneous Resolution #06172 are no longer
needed to fill positions at the 50th District Court.
Commissioners Minutes Continued. March 20, 2008
146
NOW THEREFORE BE RESOLVED that one (1) FTE Deputy II position (#10499), four (4) FTE Deputy I
positions (#10500, 10501, 10502, 10503) and four (4) PTNE 1,000 hrs./yr Court Deputy II positions
(#10504, 10505, 10506, and 10507) be deleted.
BE IT FURTHER RESOLVED that six (6) prep radios, two (2) PC’s be turned in to Radio Communications
and Information Technology.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
Chairperson Bill Bullard, Jr. declared a recess at 9:50 a.m.
Meeting called to order at 10:15 a.m.
Roll called.
PRESENT: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack. (23)
EXCUSED ABSENCE WITH NOTICE: Suarez. (1)
EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1)
Quorum present.
Moved by Kowall to reconsider Miscellaneous Resolution #08027 – Department of Health and Human
Services/Health Division – Adjustments to the Health Division Fee Schedule
Vote to reconsider:
AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter,
Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Douglas, Gershenson,
Gingell. (23)
NAYS: Crawford. (1)
A sufficient majority having voted in favor, the resolution was reconsidered.
Chairperson Bill Bullard, Jr. declared a brief recess.
Moved by Kowall supported by Long to postpone the resolution until the April 24, 2008 Board meeting.
Vote on motion to postpone:
AYES: Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts,
Rogers, Spector, Woodward, Zack, Bullard, Burns, Coulter, Douglas, Gershenson, Gingell,
Gosselin. (21)
NAYS: Scott, Crawford. (2)
A sufficient majority having voted in favor, the resolution was postponed until the April 24, 2008 Board
meeting.
Commissioners Minutes Continued. March 20, 2008
147
MISCELLANEOUS RESOLUTION #08058
BY: Sue Ann Douglas, District #12
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY RECOGNITION AND CELEBRATION
OF SUNSHINE WEEK – MARCH 16 – MARCH 22, 2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Sunshine Week is a national initiative to open a dialogue about the importance of open
government and freedom of information; and
WHEREAS participants in Sunshine Week include print, broadcast and online news media, civic groups,
libraries, non-profits, schools and others interested in the public's right to know; and
WHEREAS though spearheaded by journalists, Sunshine Week is about the public's right to know what
its government is doing, and why; and
WHEREAS Sunshine Week seeks to enlighten and empower people to play an active role in their
government at all levels, and to give them access to information that makes their lives better and their
communities stronger; and
WHEREAS Sunshine Week is a non-partisan initiative whose supporters are conservative, liberal and
everything in between; and
WHEREAS the Oakland County Board of Commissioners proudly promotes openness and transparency
in government through innovative technology initiatives that provide improved service and increased
access to county government; and
WHEREAS recent initiatives by the Oakland County Board of Commissioners include: posting Committee
and Board agenda, minutes and packets on the website; disseminating e-newsletters; publishing an
annual report; and cablecasting several Board meetings a year; and
WHEREAS there has been tremendous community response to the accessibility of information on the
Oakland County Board of Commissioner’s website at www.oakgov.com. From 03/01/2007 through
03/01/2008, there were a total of 11,471 page views for the “Agenda and Minutes” section of the website.
Ten (10%) percent of the visitors to the Commissioner’s website access the “Agenda and Minutes”
section for the online packets; and
WHEREAS the Oakland County Board of Commissioners is currently investigating the utilization of
technology that will support providing live webcasting and archiving of Board of Commissioners’ board
and standing committee meetings.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby joins
the national celebration of Sunshine Week and the promotion of open, accessible government.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby declares March
16 – March 22, 2008 to be Sunshine Week in Oakland County and invites citizens, municipalities and
media to learn more about how to celebrate Sunshine Week by visiting www.sunshineweek.org.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Sunshine Week West Regional Coordinator – Dennis Ryerson and the
Sunshine Week Michigan Coordinator – Lisa McGraw.
Chairperson, we move the adoption of the foregoing resolution.
SUE ANN DOUGLAS, HUGH CRAWFORD,
JOHN SCOTT, BRADFORD JACOBSEN,
DAVID POTTS, THOMAS MIDDLETON,
MICHAEL GINGELL, MICHAEL ROGERS,
CHRISTINE LONG, DAVID WOODWARD, BILL
BULLARD, JIM NASH, EILEEN KOWALL,
HELAINE ZACK, ROBERT GOSSELIN,
VINCENT GREGORY, TIM BURNS, DAVID
COULTER, MARCIA GERSHENSON, KAREN
SPECTOR, TIM GREIMEL, JEFF POTTER,
MATTIE HATCHETT
Moved by Douglas supported by Rogers to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #08058 – BOARD OF COMMISSIONERS – OAKLAND COUNTY RECOGNITION AND
CELEBRATION OF SUNSHINE WEEK – MARCH 16 – MARCH 22, 2008.
Commissioners Minutes Continued. March 20, 2008
148
Vote on motion to suspend the rules:
AYES: Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell,
Gosselin, Gregory. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #08058 – BOARD OF COMMISSIONERS – OAKLAND COUNTY
RECOGNITION AND CELEBRATION OF SUNSHINE WEEK – MARCH 16 – MARCH 22, 2008 carried.
Moved by Douglas supported by Rogers the resolution be adopted.
AYES: Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin,
Gregory, Greimel. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #08059
BY: Jim Nash, District #15, David Woodward, District #18, Dave Coulter, District #25, Tim Greimel,
District #11, Karen Spector, District #16, Marcia Gershenson, District #17, Vincent Gregory, District #21,
Helaine Zack, District #22
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the nation’s energy crisis is placing a heavy burden on our economy, businesses and
residents; and
WHEREAS it is imperative that national, state and local leaders work to chart a clear course towards
increased energy independence and greater energy efficiency; and
WHEREAS the Energy Efficiency and Conservation Block Grant (EECBG) Program, as authorized in the
Energy Independence and Security Act of 2007, is a key component to responding to this crisis by
making our county more energy efficient and energy independent, and strengthening our economy; and
WHEREAS the EECBG program will help form a new partnership between cities, counties, and states to
address our energy challenges, including: reducing energy use, increasing energy efficiency and curbing
greenhouse gas emissions; and
WHEREAS the EECBG provides a unique opportunity to expand on the success of local initiatives to
increase energy efficiency, expand renewable energy supplies, and facilitate new employment
opportunities; and
WHEREAS the EECBG will assist local government units in implementing energy and conservation
strategies to: (a) reduce fossil fuel emissions created as a result of activities within their jurisdiction; (b)
reduce energy use; (c) improve energy efficiency in the transportation, building and other appropriate
sectors; and (d) provide long-term cost savings to government, business and residents; and
WHEREAS the EECBG will be helpful to Oakland County in developing and implementing an energy
efficiency and conservation strategy and in retaining technical consultant services to assist in the
development of such a strategy; and
WHEREAS a strong commitment to this newly authorized EECBG program is critical, especially now, at a
time when the national and local economic growth is slowing, and local revenues are declining due to
weakening real estate markets; and
WHEREAS the United States Conference of Mayors and National League of Cities are urging the U.S.
House and Senate Appropriations Committees to support supplemental appropriations during Fiscal Year
2008 to promptly launch the EECBG program and to include in the Fiscal Year 2009 appropriation the
authorized $2 billion funding level for this critical program initiative; and
Commissioners Minutes Continued. March 20, 2008
149
WHEREAS the law ensures that these resources are results-oriented, with recipients being required to
report each year to the Department of Energy Secretary on the implementation of the Energy Efficiency
and Conservation Strategy and on their local energy efficiency gains.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports funding for the Energy Efficiency and Conservation Block Grant (EECBG) Program, as
authorized in the Energy Independence and Security Act of 2007, which will provide funding to support
community-based, grass-roots actions to reduce our overdependence on foreign energy sources and
further ongoing local climate protection efforts.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins in urging the U.S.
House and Senate Appropriations Committees to support supplemental appropriations during Fiscal Year
2008 to promptly launch the EECBG program and to include in the Fiscal Year 2009 appropriation the
authorized $2 billion funding level for this critical program initiative.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the President of the United States, the U.S. House Appropriations Committee, the
U.S. Senate Appropriations Committee, the Oakland County delegation to the U.S. House and Senate,
the U.S. Conference of Mayors, the National League of Cities, the Michigan Association of Counties, the
National Association of Counties and Oakland County’s legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, DAVID WOODWARD, DAVID
COULTER, TIM GREIMEL, VINCENT
GREGORY, MARCIA GERSHENSON, KAREN
SPECTOR, HELAINE ZACK, TIM BURNS
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #08060
BY: Commissioner David Woodward, District 18
IN RE: BOARD OF COMMISSIONERS – PROHIBITING FURTHER APPEAL OF RECALL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on October 29, 2007, the Oakland County Election Commission (OCEC) received a petition
seeking the recall of Michigan state Representative Marie Donigan; and
WHEREAS former Republican Oakland County Commissioner Tom McMillan, who is the chairperson of
the Michigan Republican Party’s Issues Committee, is leading the effort to recall Representative Donigan;
and
WHEREAS on November 16, 2007, the OCEC, which is comprised of Oakland County Clerk Ruth
Johnson, Oakland County Treasurer Patrick Dohany, and Oakland County Probate Court Judge Eugene
Moore, heard the arguments of the recall petitioners and of Representative Donigan and then issued a 2
to 1 opinion; and
WHEREAS on November 21, 2007, Representative Donigan filed a complaint in the Oakland County
Circuit Court seeking a Declaratory Judgment that the language of the recall petition was not adequately
clear; and
WHEREAS the Oakland County Corporation Counsel secured the outside counsel of John J. Lynch and
Christian E. Hildebrandt of Vandeveer Garzia, P.C.; and
WHEREAS on February 6, 2008, the case of Donigan v Oakland County Election Commission was heard
by Oakland County Circuit Court Judge Shalina Kumar, who granted summary disposition for
Representative Donigan, ruling that the recall petition language was not adequately clear and overturning
the opinion of the Oakland County Election Commission; and
WHEREAS the OCEC decided to appeal the ruling of Judge Kumar and filed an appeal with the Michigan
Court of Appeals on February 20, 2008; and
WHEREAS Oakland County Corporation Counsel continues to retain the outside legal counsel of
Vandeveer Garzia, P.C. to handle the legal work of the appeal; and
WHEREAS Oakland County taxpayers have already incurred, and continue to incur, substantial legal
costs as a result of the retention of outside counsel to handle the appeal; and
WHEREAS the Oakland County Circuit Court has already ruled on the matter; and
Commissioners Minutes Continued. March 20, 2008
150
WHEREAS further legal action is a waste of taxpayer money, especially in light of the tough economic
times that Oakland County residents are facing.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners determines
that utilizing outside counsel to handle the appeal of the Oakland County Circuit Court’s decision in
Donigan v Oakland County Election Commission is a waste of taxpayer money; and
BE IT FURTHER RESOLVED that, effective on the date this resolution is adopted, the Oakland County
Board of Commissioners requests that the Oakland County Corporation Counsel discontinue the use of
Vandeveer Garzia, P.C., or any other outside counsel, to handle the appeal of the decision in Donigan v
Oakland County Election Commission; and
BE IT FURTHER RESOLVED that, effective on the date this resolution is adopted, the Oakland County
Board of Commissioners no longer authorizes, and explicitly prohibits, the expenditure of any county
funds to pay Vandeveer Garzia, P.C., or any other outside counsel, to handle the appeal of the decision
in Donigan v Oakland County Election Commission; and
BE IT FURTHER RESOLVED that the Board of Commissioners requests that the Oakland County Clerk
forward a copy of this resolution to the Oakland County Corporation Counsel, the Oakland County
Treasurer, the administrator of the Michigan Court of Appeals, the clerk of the Michigan Court of Appeals,
and the Vandeveer Garzia, P.C law firm.
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, MARCIA
GERSHENSON, HELAINE ZACK, VINCENT
GREGORY, DAVID COULTER, TIM GREIMEL,
JIM NASH, KAREN SPECTOR
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 10:25 a.m. to the call of the Chair, or April 10, 2008, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson