HomeMy WebLinkAboutMinutes - 2008.09.18 - 8468763
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
September 18, 2008
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:50 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell,
Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts,
Rogers, Scott, Spector, Woodward, Zack. (25)
EXCUSED ABSENCE WITH NOTICE: None. (0)
Quorum present.
Invocation given by Christine Long.
Pledge of Allegiance to the Flag.
Chairperson Bill Bullard, Jr. welcomed newly appointed Commissioner Glenn Clark to the Board of
Commissioners. Commissioner Clark introduced himself, as well as his mother, Judy Hammer, to the
Board.
Moved by Gingell supported by Potter the minutes of the September 4, 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:
ITEMS ON BOARD AGENDA
PLANNING AND BUILDING COMMITTEE
c. Drain Commissioner – 2008 Lake Level Assessment Resolution for Operation and
Maintenance
d. Drain Commissioner – 2008 Chapter 4 Drain Maintenance Assessment Resolution
e. Drain Commissioner – 2008 Chapter 18 Drain Maintenance Assessment Resolution
(Reason for Suspension of Planning and Building Committee, items c., d., and e.: Waiver of Rule XII.C.2:
Direct Referral to the Finance Committee.)
Commissioners Minutes Continued. September 18, 2008
764
ITEMS NOT ON BOARD AGENDA
GENERAL GOVERNMENT COMMITTEE
g. Board of Commissioners – Amendment to Standing Committee Membership for the
General Government and Personnel Committees
(Reason for Suspension of General Government Committee, item g.: Waiver of Rule III – Meeting held
immediately prior to the Board Meeting.)
Also, refer General Government Committee, item e. to the Planning and Building Committee.
Vote on Agenda, as amended:
AYES: Bullard, Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell,
Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts,
Rogers, Scott, Spector, Woodward, Zack. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
Deputy County Clerk James VanLeuven read a communication from Commissioner Helaine Zack
thanking the Commissioners and staff for honoring the memory of her mother with flowers. The
communication was received for filing.
Deputy County Clerk James VanLeuven read a communication from Michael D. Schloff, President,
Oakland County Bar Association, appointing Robyn Frankel as the new designated representative to the
Criminal Justice Coordinating Council to fill the vacancy of Amy Bowen-Krane, who resigned her
membership. The communication also reappointed Gerald J. Gleeson, II as the designated alternate
representative. The communication was received for filing.
Chairperson Bill Bullard Jr., together with the entire Board of Commissioners, presented a Proclamation
to the Suarez family titled Recognition in Memoriam of the Honorable George W. Suarez. George W.
Suarez had been a positive force whose greatest gift to the people of Oakland County was his ability to
work with others while imparting wisdom and integrity. Chairperson Bullard and Commissioners
addressed the family.
The Suarez family thanked the Board for acknowledging their father and his work with the community he
loved.
The following people addressed the Board: Bruce Fealk and Alice Benbow.
Moved by Rogers supported by Burns the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted. The vote for this motion appears on page 779. The resolutions on the Consent Agenda
follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #08186
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2008 THIRD 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 Third Quarter Financial Forecast Report has identified several
variances and budget amendments are recommended; and
Commissioners Minutes Continued. September 18, 2008
765
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 for Fiscal Year 2008; and
WHEREAS the departments and offices have submitted budget amendments, which were either based
on structural changes or projected favorability to meet the budget tasks for Fiscal Year 2008 as detailed
in Schedules A-1 and B-1; and
WHEREAS the Circuit Court has requested a budget amendment of $80,836 to reallocate funds to reflect
the budget with the actual Grant Match expense account for 2008 Cooperative Reimbursement Program
(CRP) Grant agreement; and
WHEREAS a budget amendment is recommended to reallocate funds in the amount of $15,000 from the
Special Prosecuting Attorney line-item to Salaries and Fringe Benefits to cover the cost for retired Special
Prosecutor rehired on a Part-Time Non-Eligible basis to complete prosecution of high profile case; and
WHEREAS the Sheriff’s Office has requested several budget amendments to reallocate funds to more
accurately reflect the budget with the actual expenses; and
WHEREAS a budget amendment totaling $49,643 is recommended within the County Executive
Department to transfer funds to more accurately reflect the budget with the actual expenditures; and
WHEREAS IT Projects for the Equalization Division will not be complete before year end for the
Leadership Group and the division has requested to utilize $50,000 in projected favorability from
Professional Services towards completing the project, which will be transferred to Information
Technology Fund (#63600); and
WHEREAS with the reorganization of the Human Resources Department approved per Miscellaneous
Resolution #08101, a budget amendment is recommended to reallocate revenue and expenditure funds
to more accurately reflect the budget with the actual revenue and expenses; and
WHEREAS a budget amendment is recommended within the Public Services’ Medical Examiner and
Animal Control Divisions to recognize $33,000 in revenue favorability to help offset projected unfavorable
expenditures due to an increase in activities; and
WHEREAS the South Health Division office is in need of minor renovations which would have a positive
impact on services in that building, and a budget amendment of $30,000 from favorability projected in the
Health Division is requested to transfer out to the Facilities Management and Operations Project Work
Order Fund; and
WHEREAS the following departments have requested budget amendments due to projected unfavorable
variances, which require additional funding to offset the unfavorability:
52-4 District Court - Due to an excess in electrical expenses by $123,000.
Facilities Management Administration – To transfer $10,200 in funds to more accurately reflect the
budget with the actual expenditures.
Board of Commissioners – Per Diems are anticipated to be unfavorable ($6,300) costs related to
memberships on other boards and committees have only been recovered from the Drain
Commissioner and Parks and Recreation.
Community Corrections/Sheriff - Corrective Services – Projected to be unfavorable ($400,449) in
Controllable Personnel Expenditures (Community Corrections - $301,624, Sheriff - $98,825) for the
grant due to increase in cost for Personnel, which was not included in the grant award; and
WHEREAS to offset the various unfavorable projections, budget adjustments are requested for the
following:
52-4 District Court - To decrease Salaries and Fringe Benefits by ($24,405) due to turnover.
Treasurer’s Office – To recognize $115,095 in additional revenue based on increased revenue
projected from the Delinquent Tax Revolving Fund (DTRF) into the General Fund, which was
inadvertently omitted from the Treasurer’s Transfer In account for Fiscal Year 2008.
Community Corrections – To recognize $140,000 in additional revenue in Fee Income due to an
increase in activity.
Non-Departmental Grant Match – To transfer $260,449 to Community Corrections Grant (#27370) to
offset the increase in Personnel Cost for the grant.
Board of Commissioners – To reduce Per Diem revenue ($6,300) based on unanticipated full
recovery of costs related to memberships on other boards and committees; and
WHEREAS a budget amendment in the amount of $227,702 is recommended within the Circuit
Court/Friend of the Court to reallocate funds to more accurately reflect the budget with the actual
expenditures; and
Commissioners Minutes Continued. September 18, 2008
766
WHEREAS the Drain Commissioner is requesting a budget amendment in the amount of $82,064 to the
Drain Equipment Fund to take into account the replacement of two (2) owned vehicles with two (2) leased
vehicles; and
WHEREAS the Support Services Division is requesting the project scope of the Central Garage Fuel
Tank Installation Project (project #100000001158) be expanded to include replacement of the control
systems of the two existing fuel tanks with funding of $15,000 transferred from the Motor Pool Fund
(#66100) to the Project Work Order Fund (#44400); and
WHEREAS the Treasurer’s Office is requesting a transfer $121,587 from the 2007 Land Sales Fund
(#21207) and $14,000 from the 2008 Land Sales Fund (#21208) to the Project Work Order Fund
(#44400) for the Housing Demolition Project (#100000001145) for the demolition of ten (10) County-
owned housing structures in the City of Pontiac; and
WHEREAS the Department of Information Technology requests a budget amendment of $1,640,845 to
reappropriate funds previously approved by the Board of Commissioners for various IT projects such as
the Treasurer’s Office System Upgrade, Data Warehouse Enhancements, Delinquent Tax System
Upgrade, and the Drain Apportionment projects where implementation is continuing in Fiscal Year 2008,
and funding is available in the IT Fund Net Assets – Designated for Projects; and
WHEREAS Community Corrections is requesting a budget amendment to transfer $10,000 from the
Community Corrections Grant Fund (#27370) to Information Technology Fund (#63600) to cover costs
associated with IT resources working on Data Warehouse reporting enhancements; and
WHEREAS a budget amendment is also requested within the Radio Communications Fund (#53600) to
transfer $100,000 to the CLEMIS Fund (#53500) for CLEMIS staff providing operational support and are
assigned to tasks specific to Radio Communications; and
WHEREAS the Health Division is requesting the transfer of $25,000 from the Health Bioterrorism Grant
(#28605) to the Equipment Fund (#66400) to replace equipment for the Health Division laboratory; and
WHEREAS the County Clerk’s Office is in need of a queuing system to replace their existing system
which they are unable to repair due to age and lack of parts, and funds are available in the designated
fund balance County Clerk’s Marriage License GL Account (#371365) to recognize $8,500 as well as
favorability in Professional Services of $863 to offset the anticipated cost of $9,363; and
WHEREAS the Sheriff’s Office requests a budget amendment to recognize Enhancement Revenue of
$263,116 from the Correction Officers Training Account (10100-4030301-112590-222450) to be used for
overtime to replace Officers that are working on implementation of the Jail Management System; and
WHEREAS a budget amendment is recommended to transfer $750,000 from the Delinquent Tax
Revolving Fund (DTRF)to the General Fund Non-Departmental for the Fiscal Year 2008 Road
Commission Tri-Party agreement; and
WHEREAS Commissioners Gosselin, Scott, Potts, and Jacobsen have each opted to donate a check of
$344 to the County of Oakland, which is equivalent to 1% of their general salary increase approved with
the Fiscal Year 2008 Budget Process, for a total donation of $1,376; 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
WHEREAS adjustments made to the Inmate Accounts for Fiscal Year 2008 during the months of April
and May totaled $354,839; and
WHEREAS for Community and Home Improvement has attempted to collect on Home Investment
Partnership Act Loans, totaling $437,426 and the Home Improvement Loans through the Community
Development Block Grant, totaling $430,071.27 and have been unsuccessful due to foreclosed properties
and uncollectible loans.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2008
Third Quarter Financial Report.
BE IT FURTHER RESOLVED that the Fiscal Year 2008 budget be amended pursuant to the attached
schedules (Schedules A-1, A-2, B-1, B-2, and C).
BE IT FURTHER RESOLVED that $8,500 from the County Clerk’s Marriage License Designated Fund
Balance Account be appropriated as follows:
GENERAL FUND (#10100)
Revenue
9010101-196030-665882 Planned Use of Fund Balance $ 8,500
Total General Fund Revenue $ 8,500
Commissioners Minutes Continued. September 18, 2008
767
Expenditures
2010210-125000-760126 Clerk/Legal Rec – Capital Outlay Misc $ 9,363
2010201-125000-731458 Clerk/County Clerk Admin – Prof. Svcs (863)
Total General Fund Expenditures $ 8,500
BE IT FURTHER RESOLVED that the donations made by Commissioners Gosselin, Scott, Potts and
Jacobsen be accepted.
BE IT FURTHER RESOLVED that the uncollectible debts for the 2008 Community Development Block
Grant Home Improvement Loans and Home Investment Partnership Act Loans are authorized to be
written off.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Letter of Transmittal – Fiscal Year 2008 Third Quarter Forecast Report, Schedule A-1 – Fiscal
Year 2008 Third Quarter Budget Amendments General Fund/General Purpose, Fiscal Year 2008 Third
Quarter Budget Amendments Proprietary/Special Revenue Funds, Budget Task Reduction, Letters from
Timothy J. Soave, Manager, Fiscal Services Department, Memo regarding Inmate Waived Report, List of
2008 Uncollectable Home Improvement Loans, and Fiscal Year 2008 Budget Amendments on file in
County Clerk’s office.
(The vote for this motion appears on page 779.)
*MISCELLANEOUS RESOLUTION #08187
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL
OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF SYLVAN LAKE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Equalization Division provides a number of services to local units of government including
original assessments, reappraisals, and file maintenance; and
WHEREAS these services are provided under contract with the local units as approved by the Board of
Commissioners; and
WHEREAS revenues and expenditures associated with the services for these contracts are included in
the Fiscal Year 2008 budget, and therefore, no budget amendment is recommended; and
WHEREAS several contracts are anticipated to be renewed, generating approximately $65,622 in
additional revenue, which has been incorporated into the Fiscal Year 2009 and Fiscal Year 2010 Budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves entering into a Contract for Oakland County Equalization Division Assistance Services covering
the term July 1, 2008 thru June 30, 2009 with the City of Sylvan Lake which has been signed by its
authorized signatories.
BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this
contract.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract
with the concerned unit of government as required by law.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF SYLVAN LAKE (real and personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF SYLVAN LAKE (hereafter this “Contract”) is made and entered into between the COUNTY
OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North
Telegraph Road, Pontiac, Michigan 48341 (hereafter, the “County”), and the CITY OF SYLVAN LAKE, a
Michigan Constitutional and Municipal Corporation whose address is 1820 Inverness Street, Sylvan Lake,
Michigan 48320-1679 (hereafter, the “Municipality”). In this Contract, either the County and/or the
Municipality may also be referred to individually as a “Party” or jointly as “Parties.”
Commissioners Minutes Continued. September 18, 2008
768
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the State”), including, but
not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to perform
real and personal property tax appraisals and assessments for all nonexempt real and personal
property located within the geographic boundaries of the Municipality for the purpose of levying
State and local property taxes.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of
the State Tax Commission mandating the County to perform all or some of the property tax
appraisal and tax assessment responsibilities for real and/or personal property located within the
Municipality’s geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated, Municipality, property appraisal
and assessment responsibilities.
D. The Municipality has requested the County’s Equalization Division assistance in performing the
“Equalization Division Assistance Services” (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient “Equalization Division Personnel,” as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Equalization Division Assistance Services” under the terms
and conditions of this Contract
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., “Contract”, “County” “Municipality”,
“Party” and “Parties”, and “State”), the Parties agree that the following words and expressions
when printed with the first letter capitalized as shown herein, whether used in the singular or
plural, possessive or non-possessive, and/or either within or without quotation marks, shall, be
defined and interpreted as follows:
1.1. “County Agent” or “County Agents” shall be defined as any and all Oakland County
elected officials, appointed officials, directors, board members, council members,
commissioners, authorities, other boards, committees, commissions, employees,
managers, departments divisions volunteers, agents, representatives, and/or any such
persons’ successors or predecessors, agents, employees, attorneys, or auditors (whether
such persons act or acted in their personal representative or official capacities), and/or
any persons acting by, through, under, or in concert with any of them, excluding the
Municipality and/or any Municipality Agents, as defined herein, “County Agent” and/or
“County Agents” shall also include any person who was a County Agent anytime during
the term of this Contract but, for any reason, is no longer employed, appointed or elected
and serving as a County Agent.
1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific
subset of, and included as part of the larger group of County Agents as defined above,
and shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Equalization Division of the County’s Department
of Management and Budget as shown in the current County budget and/or personnel
records of the County. For any and all purposes in this Contract, any reference to County
Agents shall also include within that term any and all Equalization Division Personnel but
any reference in this contract to Equalization Division Personnel shall not include any
County Agent employed by the County in any other function, capacity or organizational
unit of the County other than the Equalization Division of the Department of Management
and Budget.
1.3. “Municipality Agent” or “Municipality Agents”, shall be defined to include any and all
Municipality 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’
Commissioners Minutes Continued. September 18, 2008
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successors or predecessors agents, 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, except that no
County Agent shall be deemed a Municipality Agent and conversely, no Municipality
Agent shall be deemed a County Agent. “Municipality Agent” shall also include any
person who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. “Claim(s)” shall be defined to include any and all alleged losses, claims, complaints,
demands for relief or damages, suits, causes of action, proceedings judgments,
deficiencies, liability, penalties, litigation 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, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become 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 County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or
any Municipality Taxpayer under or in connection with this Contract or are based on or
result in any way from the County’s and/or any County Agents participation in this
Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners,
persons, or taxable entities within the Municipality, or their representatives or agents, who
may be liable or responsible for any property taxes assessed by the Municipality pursuant
to any applicable State Property Tax Laws.
1.6. “State” shall be defined as the “State of Michigan” a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or
agencies of State government including specifically, but not limited to, the State Tax
Commission, the State Tax Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full
and complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or “Services”).
2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE
PROVIDED Equalization Division Assistance Services or Services., to be performed by
County for the Municipality as those terms are defined in this Contract, shall only include
and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of real and personal property
through the 2009 tax year as required by laws of the State of Michigan. The
County agrees to make assessments of real and personal property within the
Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new property, process all
real and personal property description changes, prepare the assessment roll for
real and personal property in the Municipality; attend March, July and December
Boards of Review and other such duties as required by the State General
Property Tax Laws. The Equalization Division personnel will also be available for
consultation on all Michigan Tax Tribunal real and personal property appeals and
will assist the assessor in the preparation of both the oral and written defense of
appeals, as long as there is a current Contract in effect. However, the County
shall not assist or appear on behalf of the Municipality regarding appeals of
special assessments to the Michigan Tax Tribunal or any other Court or Tribunal.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this
Commissioners Minutes Continued. September 18, 2008
770
Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an
auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the
performance of that Municipality’s official functions, obligations and Municipality’s legal
responsibilities for property tax appraisal and assessment pursuant to the applicable
State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
“Equalization Division Assistance Services” or “Services” to be provided by the County for
the Municipality under this Contract shall be performed solely and exclusively by the
County’s “Equalization Division Personnel” as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County
in such numbers and based on such appropriate qualifications and other factors
as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions job
descriptions and job specifications and shall in all circumstances control,
supervise, train or direct all Equalization Division Personnel in the performance of
any and all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant
that, at all times and for all purposes relevant to this Contract the County shall
remain the sole and exclusive employer of all County Agents and Equalization
Division Personnel and that the County shall remain solely and completely liable
for any and all County 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 or reimbursements of any kind, including, but not limited to,
workers’ disability compensation benefits, unemployment compensation Social
Security Act protection(s) and benefits; any employment taxes. and/or any other
statutory or contractual right or benefit based on or in any way related to any
County Agent’s employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change,
grant, modify, supplement, supersede, alter, or otherwise affect or control, in any
manner, form, or at any time, any right, privilege, benefit, or any other term or
condition of employment, of any kind or nature whatsoever, in, upon, or for any
County Agent or Equalization Division Personnel with the County, any applicable
County employment and/or union contract, and/or any County rule(s),
regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s),
directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern
and control the employment relationship between the County and any County
Agent or Equalization Division Personnel and/or the conduct and actions of any
County Agent or any Equalization Division Personnel, To illustrate, but not
otherwise limit, this Contract does not and shall not be interpreted to limit, modify,
control, or otherwise affect, in any manner:
2.3.4.1. The County’s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, discharge any Equalization
Division Personnel and/or pay any and all Equalization Division
Personnel’s wages, salaries, allowances reimbursements, compensation
fringe benefits, or otherwise decide any and all such terms and
conditions of employment and make any and all employment decisions
that affect, in any way, the employment of any Equalization Division
Personnel with the County, subject only to its applicable collective
bargaining Contracts.
2.3.4.2. The County’s sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational
policies, procedures orders, rules, regulations, ethical guidelines, and/or
any other judgment, policy or directive which, in any way, governs or
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controls any activity of any County Agent or Equalization Division
Personnel, any necessary County Agent or Equalization Division
Personnel’s training standards or proficiency(ies), any level or amount of
required supervision, any and all standards of performance, any
sequence or manner of performance, and any level(s) of experience,
training, or education required for any Equalization Division Personnel
performing any County duty or obligation under the terms of this
Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of this
Contract and/or Laws of this State, no County Agent or Equalization Division Personnel,
while such person is currently and/or actively employed or otherwise remains an the
payroll of the County as a County Agent shall be employed, utilized, or perform any other
services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be
available to perform any other work or assignments by or for the Municipality during the
term of this Contract. This section shall not prohibit the Municipality from employing any
person who was a former County Agent but is no longer employed in that capacity by the
County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law, the
Parties agree and warrant that neither the County, nor any County Agent, nor any
Equalization Division Personnel, by virtue of this Contract or otherwise, shall be deemed,
considered or claimed to be an employee of the Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization Division
Personnel with any job instructions, job descriptions, job specifications, or job duties, or in
any manner attempt to control, supervise, train, or direct any Personnel in the
performance of any County’s Equalization Division Assistance Services duty or obligation
under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVlCES” Except as otherwise expressly provided
for within this Contract, neither the County nor any County Agents shall be responsible for
assisting or providing any other “Services” or assistance to the Municipality or assume any
additional responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State Property Tax Laws, including, but not limited to,
providing any attorney or legal representation to the Municipality or any Municipality Agent at any
proceeding before the Michigan Tax Tribunal or any other adjudicative body or court, except as
expressly provided for in this Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for
any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation under any applicable State Property Tax Laws. The
Municipality shall employ and retain its own Municipality legal representation as
necessary to defend any such claim or challenge before the State Tax Tribunal or any
other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon
licensed Equalization Division Personnel (i.e., State Licensed and Certified Real and/or
Personal Property Tax Assessors) to defend property tax appraisals and assessments
that they either performed or were otherwise performed under their supervision, before
the Michigan Tax Tribunal, the Parties agree that no other County Agents, including any
County attorneys shall be authorized, required and/or otherwise obligated under this
Contract or pursuant to any other agreement between the Parties to provide any legal
representation to or for the defend, challenge, contest, appeal, or argue on behalf of the
Municipality before the Michigan Tax Tribunal or any other review body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the effective
date of this Contract, as otherwise provided herein, and shall end on June 30, 2009, without any
further act or notice from either Party being required. Any and all County Services otherwise
provided to the Municipality prior to the effective date of this Contract, shall be subject to the terms
and conditions provided for herein.
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
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772
provided for in this Contract, the Municipality agrees that this Contract does not, and is not
intended to, transfer, delegate, or assign to the County, and for any County Agent or Equalization
Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
obligation, or liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for
any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation. The Municipality agrees that under no circumstances shall
the County be responsible for any costs, obligations and/or civil liabilities associated with
its Municipality function or any responsibility under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the
County and shall take all necessary steps to ensure that any debts, liens, liabilities or
obligations that the Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the
ultimate completion of any and all Municipality duties or Obligations under any and all
applicable State Property Tax Laws. Nothing in this Contract shall relieve the Municipality
of any Municipality duty or obligation under any applicable State Property Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance
with all federal, State, and local laws, ordinances regulations, and agency requirements
in any manner affecting any work or performance of this Contract or with any Municipality
duty or obligation under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties
reserve to themselves any rights and obligations related to the provision of any and all of each
Party’s respective governmental services, authority, responsibilities, and obligations. Except as
expressly provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege power, civil or legal responsibility obligation, duty of care,
liability, capacity, immunity, authority or character of office of either Party to any other person or
Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract,
that no provision in this Contract is intended, nor shall it be construed, as a waiver of any
governmental immunity, as provided by statute or applicable court decisions, by either
Party, either for that Party and/or any of that Party’s County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be
deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners
statutory rights and obligations to review and/or further equalize Municipality property
values or tax assessments and/or further act upon any Municipality assessment(s) of
property taxes under any applicable State Property Tax Laws, including, but not limited to
challenging any Municipality assessment before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County on or before July 1, 2009 the sum of $14.40 for each
real property description and $12.90 for each personal property description rendered during the
life of this Contract. lf during the term of this Contract, there are additional services requested of
the County, the Parties shall negotiate additional fees to be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working hours to
be billed at the applicable Equalization Division personnel’s overtime rate and charged to
the Municipality over and above any other fees described in this Contract, with the
following exceptions:
6.1.1. One evening meeting as required bylaw under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property
statements and personal properly notices mailed relating to work performed under this
Contract. The Municipality agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts
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773
required under this Contract, 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.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that 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 bylaw. Such a transfer shall be considered
an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY
waives any claims against the County, or its officials for any such amounts paid to the
County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail
for any reason to timely pay the County the amounts required under this Contract, the
MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written
notice to the Municipality, without any penalty or liability whatsoever, any County services
or performance obligations under this Contract.
6.6. None 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.
§7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality
for any and all Claim(s), except as otherwise expressly provided for in this Contract.
7.1. The Parties agree that this Contract does not and is not intended to create or include any
County warranty, promise, covenant or guaranty, either express or implied, of any kind or
nature whatsoever in favor of the other Municipality and/or any Municipality Agents, or
any Municipality Taxpayer or any other person or entity, or that the County’s efforts in the
performance of any obligation under this Contract will result in any specific monetary
benefit or efficiency, or increase in any tax revenue for the Municipality, or will result in
any specific reduction or increase in any property assessment, or guarantee that any
County services provided under this Contract will withstand any challenge before the
State Tax Tribunal or any court or review body, or any other such performance-based
outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term
or condition of this Contract by either the County or any County Agent, the County and/or
any County Agent shall not be liable to the Municipality for any indirect, incidental, special
or consequential damages, including, but not limited to any replacement costs for County
Services, any loss of income or revenue, and/or any failure by the Municipality to meet
any Municipality obligation under any applicable State Property Tax Laws, or any other
economic benefit or harm that the Municipality may have realized, but for any alleged
breach, wrongful termination, default and/or cancellation of this Contract, or damages
beyond or in excess of the amount(s) of any amount paid to, received or retained by the
County at the time of the alleged breach or default in connection with or under the terms
of this Contract whether such alleged breach or default is alleged in an action in contract
or tort and/or whether or not the Municipality has been advised of the possibility of such
damages. This provision and this Contract is intended by the Parties to allocate the risks
between the Parties, and the Parties agree that the allocation of each Party’s efforts,
costs, and obligations under this Contract reflect this allocation of each Party’s risk and
the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract with regard to any and all alleged
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774
losses, claims, complaints demands for relief or damages, suits, causes of action,
proceedings judgments, deficiencies, liability, penalties, litigation 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, and/or any other amounts, liabilities of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality or any Municipality Agent
by any third person, including but not limited to any Municipality Agent or Municipality
Taxpayer, arising out of any activities or Services to be carried out by any County Agent
in the performance of this Contract, the Municipality hereby agrees that it shall have no
rights pursuant to or under this Contract against the County and/or any County Agents to
or for any indemnification (i.e. contractually, legally, equitably, or by implication)
contribution subrogation or other right to be reimbursed by the County and/or any of
County Agents based upon. any and all legal theories or alleged rights of any kind,
whether known or unknown, for any and all alleged losses, claims, complaints, demands
for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and
expenses of any kind whatsoever which are imposed on, incurred by, or asserted against
the Municipality and which are alleged to have arisen under or are in any way based or
predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual
tax statement for mailing by the Municipality to Municipality residents. In preparing any
such tax statement the County shall rely upon certain data provided by the Municipality
beyond the data gathered by the County under this contract, including, but not limited to,
the applicable millage rate. The parties agree that under no circumstances shall the
County be held liable to the Municipality or any third party based upon any error in any
fax statement due to information supplied by the Municipality to the County for such
purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees
that it shall be solely and exclusively responsible, during the term of this Contract, for
guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in
the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications
and other factors as decided by the Municipality. The Municipality agrees that it shall be
solely responsible for furnishing all Municipality Agents with all job instructions, job
descriptions and job specifications and shall solely control, direct, and supervise all
Municipality Agents and shall be solely responsible for the means and manner in which
Municipality’s duties or obligations under any applicable State Property Tax Laws are
satisfied.
8.2. 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 or
reimbursements of any kind, including, but not limited to, workers’ disability compensation
benefits, unemployment compensation Social Security Act protection(s) 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 Agents employment status or any alleged violation
of any Municipality Agents statutory, contractual (e.g., union, employment or labor
contract), constitutional, common law employment right, and/or civil rights by the
Municipality. 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 asserted
against the County or any County Agent by any Municipality Agent and/or which are
based upon, result from, or arise from, or are in any way related to any Municipality
Agents wages, compensation benefits, or other employment related or based rights,
including, but not limited to, those described in this section.
8.3. The Municipality agrees that no. Municipality Agent shall, by virtue of this Contract or
otherwise, be considered or claimed to be an employee of the County and/or a County
Agent. This Contract does not grantor confer, and shall not be interpreted to grantor
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775
confer, upon any Municipality Agents or any other individual any status, privilege, right, or
benefit of County employment or that of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following: Downtown
Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In
addition, the municipality agrees to notify the County immediately of approval of any
application for abatement or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation
which is governed by the Truth in Taxation Act as well as any property which is being
considered for an exemption under the Industrial Facility Tax Act. The County shall be
informed of these proposed changes prior to approval by the governing body of the
municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper
trail of roll changes, maintaining the rolls in balance, and providing the Oakland County
Equalization Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using
the County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s
Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment accuracy and compilation of all Special
Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value of
property located within the Municipality to the County’s Equalization Division in a
timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the
tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks
and they shall be paid on a time and material basis. Such rate shall be based upon the
wages plus benefits of the person or persons performing said tasks.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under
the terms of this Contract, the County’s and/or any and all County Agents’ legal status and
relationship to the Municipality shall be that of an Independent Contractor. Except as expressly
provided herein, each Party will be solely responsible for the acts of its own employees, Agents,
and servants during the term of this Contract. No liability, right or benefits arising out of an
employer/employee relationship, either express or implied, shall arise or accrue to either Party as
a result of this Contract.
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor
of the Municipality, or any correspondent absolute duty or obligation upon the County, to
guarantee that any specific number(s) or classification of County Agents will be present on any
given day to provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court
ordered judgment or award to a third party for which a court has determined that the County
and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any and all
Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County
Agent by any Municipality Agent under any circumstances or by any person which are based
upon, result from, or arise from, or are in any way related to any alleged error, mistake,
negligence or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the Municipality
and/or any Municipality Agent; (b) any alleged failure by the Municipality or any Municipality
Agent to comply with any Municipality duty or obligation in this Contract; and/or (c) any other
Claim(s) based in any way upon any Municipality or Municipality Agent’s services, buildings,
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776
equipment, or any other event, occurrence duty, or obligation related or attendant thereto.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract either Party,
upon a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or
completely terminate this Contract for any reason, including convenience, without incurring any
penalty, expense, or liability to the other Party. The effective date for any such termination is to be
clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality
and/or County obligations under this Contract, except those rights and obligations
expressly surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited
to, any and all indemnification and hold harmless promises, waivers of liability, record-
keeping requirements, any Municipality payment obligations to the County, and/or any
other related obligations provided for in this Contract with regard to any acts,
occurrences, events, transactions or Claim(s) either occurring or having their basis in any
events or transactions that occurred before the cancellation or completion of this
Contract, shall survive the cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
City Council of Sylvan Lake. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings of both
the Oakland County Board of Commissioners and the City Council of Sylvan Lake and shall also
be filed with the office of the Clerk of the County and the Clerk for the City of Sylvan Lake.
§14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed
with the Michigan Secretary of State and this Contract, and/or any possible subsequent
amendments, shall not become effective prior to this required filing with the Secretary of State.
14.1. The Parties agree that except as expressly provided herein, this Contract shall not be
changed, supplemented, or amended, in any manner, except as provided for herein, and
no other act, verbal representation, document, usage or custom shall be deemed to
amend or modify this Contract in any manner.
§15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be
subrogated to any Party’s rights in this Contract, and/or any other right of any kind, in favor of any
person, including, but not limited to, any County Agent or Municipality Agent or any Municipality
Taxpayer, any Taxpayer’s legal representative, any organization, any alleged unnamed
beneficiary or assignee, and/or any other person.
§16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for
or against any party. As used in this Contract, the singular or plural number, possessive or non-
possessive shall be deemed to include the other whenever the context so suggests or requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
are intended for the convenience of the reader and not intended to have any substantive meaning
and are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract
to be delivered to either Party shall be sent to that Party by first class mail. All such written
notices, including any notice canceling or terminating this Contract as provided for herein, shall
be sent to the Other Party’s signatory to this Contract, or that signatory’s successor in office, at-
the addresses shown in this Contract. All correspondence or written notices shall be considered
delivered to a Party as of the date that such notice is deposited with sufficient postage with the
U.S. Postal Service.
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
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granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the
entire agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or
representations between the County and the Municipality in any way related to the subject matter
hereof, except as expressly stated herein. This Contract shall not be changed or supplemented
orally and may be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments warrants,
representations and agreements set forth in this Contract, and for other good and valuable Consideration
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Paul Hungerman, Mayor of the City of Sylvan Lake, hereby acknowledges that
he has been authorized by a resolution of the City Council of Sylvan Lake, a certified copy of which is
attached, to execute this Contract on behalf of the Municipality and hereby accepts and binds the
Municipality to the terms and Conditions of this Contract.
EXECUTED: DATE:
Paul Hungerman, Mayor
City of Sylvan Lake
WITNESSED: DATE:
Dennise Clippert, City Clerk
City of Sylvan Lake
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 Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth Johnson, Clerk’ Register of Deeds
County of Oakland
(The vote for this motion appears on page 779.)
*MISCELLANEOUS RESOLUTION #08188
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE DIVISION –
FISCAL YEAR 2008-2009 CHILDREN’S VILLAGE SCREENING PROJECT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Fiscal Year 2007-2008 the Michigan Department of Community Health (MDCH) awarded a
grant to the Department of Health and Human Services – Children’s Village Division in the amount of
$73,000 for the purpose of screening, compiling data, and treating at-risk adolescents for sexually
transmitted diseases (STD’s); and
WHEREAS the MDCH is providing a ninth year of funding for the Adolescent Screening Project; and
WHEREAS the special revenue, part-time, non-eligible General Staff Nurse position will be continued;
and
WHEREAS the MDCH has awarded a grant in the amount of $73,000 for Fiscal Year 2008-2009; and
WHEREAS Children's Village and the Health Division have worked collaboratively in identifying,
screening, and treating at-risk adolescents and young adults in special settings including Children’s
Village, Oakland County Jail (including Work Release Program), Frank Greenan Detention Facility,
Common Ground Sanctuary, the two Pontiac School District's Teen Health Centers, Waterford Alternative
High School Teen Center; and
Commissioners Minutes Continued. September 18, 2008
778
WHEREAS this grant is 100% federally funded with no County match; and
WHEREAS there are no additional personnel requested; and
WHEREAS acceptance of this grant award does not obligate Oakland County to future funding.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
acceptance of the continuation of this grant award in the amount of $73,000 to the Department of Health
and Human Services – Children’s Village Division.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Grant Agreement
and approve changes and extensions not to exceed fifteen percent (15%), which is consistent with the
acceptance as originally approved.
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 – Children’s Village, Grant Agreement between Michigan Department of
Community Health and Oakland County Children’s Village, Statements of Work, Budget Summary, and Cost
Control on file in County Clerk’s office.
FISCAL NOTE (MISC. #08188)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE DIVISION –
FISCAL YEAR 2008-2009 CHILDREN’S VILLAGE SCREENING PROJECT 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 Community Health (MDCH) has awarded funding in the amount of
$73,000 to the Oakland County Children’s Village for use in monitoring sexually transmitted
diseases in adolescents in special settings. This is the ninth year of funding for the Adolescent
Screening Project.
2. The special revenue part time non-eligible General Staff Nurse (position #09652) will be
continued.
3. The grant period runs from October 1, 2008 through September 30, 2009.
4. The County is expected to incur indirect costs of $7,568 for Fiscal Year 2009, which has been
budgeted in the Fiscal Year 2009 Special Revenue Budget. Indirect cost will be recorded as part
of salaries and wages on the report to the State.
5. The Fiscal Year 2009 County Executive Recommended Budget includes costs associated with
this program, therefore, no budget amendments are recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 779.)
*MISCELLANEOUS RESOLUTION #08189
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 (ST. CATHERINE OF SIENA
ACADEMY FOUNDATION PROJECT) - CITY OF WIXOM
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 Corporations 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. September 18, 2008
779
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (St.
Catherine of Siena Academy Foundation 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 St. Catherine of Siena Academy City of Wixom EDC No. 08-05 on file in County Clerk’s office.
(The vote for this motion appears on page 779.)
*MISCELLANEOUS RESOLUTION #08190
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (ST. CATHERINE OF SIENA
ACADEMY FOUNDATION PROJECT) - CITY OF WIXOM
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 (St. Catherine of Siena Academy Foundation Project) under the Economic
Development Corporations Act, Act #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 _______ and _____, 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 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
Vote on Consent Agenda:
AYES: Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin,
Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers,
Scott, Spector, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
Commissioners Minutes Continued. September 18, 2008
780
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
MISCELLANEOUS RESOLUTION #08191
BY: General Government Committee, Christine Long, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO
UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CITY OF
FARMINGTON HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised
Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as
provided by Public Act 116 of 1954, as amended; and
WHEREAS the City of Farmington Hills is requesting to utilize the services of the Oakland County Board
of Canvassers for five (5) years; and
WHEREAS Oakland County Corporation Counsel has drafted an agreement for the City of Farmington
Hills to utilize the services of the Oakland County Board of Canvassers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the attached agreement with the City of Farmington Hills to utilize the services of the Oakland County Board
of Canvassers.
BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of
Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of
Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Agreement between the County and the City of
Farmington Hills.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Agreement Between the City of Farmington Hills and Oakland County to Utilize the Services of
the Oakland County Board of Canvassers on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08192
BY: General Government Committee, Christine Long
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – INTERLOCAL AGREEMENT BETWEEN
OAKLAND COUNTY AND LYON TOWNSHIP FOR THE FIRE RECORDS MANAGEMENT SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners approved the acquisition of the Fire Records
Management System in Miscellaneous Resolution #99309; and
WHEREAS the purpose of the Fire Records Management System is to capture and create fire records
from the inception of a 9-1-1 call, to include the additional computer-aided dispatch information, and
complete the recording in a standard records management system, promoting communication and the
sharing of fire records among the municipalities that participate; and
WHEREAS the Department of Information Technology, the Department of Corporation Counsel, and the
Fire Governance Committee have developed a Fire Records Management System Interlocal Agreement
setting forth the rights and obligations of the County and the municipalities participating in the Fire
Records Management System; and
WHEREAS the Oakland County Board of Commissioners authorized the execution of the attached
Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045; and
WHEREAS Lyon Township would like to participate in the Fire Records Management System.
Commissioners Minutes Continued. September 18, 2008
781
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of commissioners authorizes the
Chairperson of the Board of Commissioners to sign the attached Fire Records Management System
Interlocal Agreement with Lyon Township.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Fire Records Management Agreement Between Oakland County and Lyon Twp. Fire Department
and Resolution 09-08 on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08193
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - EXTENSION OF ADDITIONAL
COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS additional compensation for overtime exempt employees in the Information Technology
Department at a straight-time hourly rate for all hours worked beyond 48 hours in a workweek for specific,
pre-approved assignments has been annually authorized beginning with Miscellaneous Resolution
#99155; and
WHEREAS the Human Resources Department initially developed and proposed this approach in
response to the occasional, identified need of the Information Technology Department to address a
particular technical project or problem; and
WHEREAS the Human Resources Department has assessed the value and cost of this program and
found it provides the Director of Information Technology with an effective management tool which is cost
and project-effective compared to other alternatives such as contracted staff; and
WHEREAS updated usage statistics of Additional Compensation for Overtime Exempt Employees is
provided to the Board of Commissioners in each Information Technology Master Plan Quarterly Status
report; and
WHEREAS Miscellaneous Resolution #07243 required that this additional compensation provision be
subject to review and evaluation for continuation by the Board of Commissioners after one year.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes, for one year, Fiscal
Year 2009, additional compensation for overtime exempt employees in the Information Technology
Department (excluding Managers and the Director) at a straight-time hourly rate for all hours worked
beyond 48 hours in a workweek (hours worked beyond 48 in a workweek must be pre-approved by
supervision in order to be compensable) for specific pre-approved assignments.
BE IT FURTHER RESOLVED that Information Technology will continue to report on the usage of
additional compensation for overtime exempt employees in the Master Plan Quarterly Status document.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #08194
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY, CLEMIS DIVISION – REQUEST TO
TERMINATE THE COMMUNICATION TOWER AGREEMENT WITH THE CITY OF ROCHESTER
HILLS AND REQUEST FOR APPROVAL OF TRANSFER OF OWNERSHIP AND LICENSE
AGREEMENT OF A COMMUNICATIONS TOWER AT 1000 ROCHESTER HILLS DRIVE, ROCHESTER
HILLS, OAKLAND COUNTY, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. September 18, 2008
782
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #92120, approved
the Communications Tower Agreement with the City of Rochester Hills to locate a tower at 1000
Rochester Hills Drive, Rochester Hills, Michigan to be utilized for 800 MHz County-wide Communications
System (“800 MHz radio system”); and
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #98308,
recognized that the County's current 800 MHz radio system needed to be upgraded and expanded to
encompass all public safety agencies in Oakland County and to create interoperability among public
safety agencies; and
WHEREAS to properly implement and operate the new 800 MHz radio system, the County utilized
existing, communication towers wherever possible and constructed additional new towers as needed at
sites throughout the County; and
WHEREAS the existing tower at 1000 Rochester Hills Drive, Rochester Hills, Michigan, which supports
the current 800 MHz radio system, was determined to be technically and structurally insufficient for the
requirements of the new 800 MHz radio system; and
WHEREAS the City of Rochester Hills was extremely cooperative in expediting permits and processes to
enable the construction of a new tower on the Home Depot property at Rochester and Avon Roads that
does meet the technical and structural requirements of the new 800 MHz system; and
WHEREAS the Communications Tower Agreement, Section 11, provides that Rochester Hills shall have
the option to take over ownership, control and possession of, and responsibility for the tower, equipment
building and related facilities located at 1000 Rochester Hills Drive, Rochester Hills, Michigan upon
termination of such Agreement; and
WHEREAS although the new 800 MHz radio system is not operational, the Department of Information
Technology recommends that the Communications Tower Agreement be terminated to allow Rochester
Hills the ability to lease or license space on the tower to private utilities to generate revenue for Rochester
Hills, conditioned on the fact that Rochester Hills license space on the tower back to the County, free of
charge; and
WHEREAS the Department of Information Technology would seek to terminate the Communications
Tower Agreement and transfer ownership of the tower and equipment building to Rochester Hills at the
time the new 800 MHz radio system is operational; and
WHEREAS a license to utilize the communication tower at 1000 Rochester Hills Drive is necessary to
support equipment for the current 800 MHz radio system until such time as the system ceases to exist,
and may have potential value for a cell site to remediate coverage problems on the new 800 MHz system,
if any; and
WHEREAS the Department of Information Technology, the Department of Facilities Management and
Corporation Counsel have reviewed the attached Transfer of Ownership and License Agreement; and
WHEREAS it is the recommendation of the Department of Information Technology and the Department of
Facilities Management that the Board of Commissioners accept and approve the terms and conditions of
the attached Transfer of Ownership and License Agreement and execute such Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners terminate the
May 8, 1992 Communications Tower Agreement with the City of Rochester Hills.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves and authorizes
the attached Transfer of Ownership and License Agreement between the County of Oakland and the City
of Rochester Hills.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners directs its
Chairperson or his designee to execute the attached Transfer of Ownership and License Agreement and
all other documents necessary to effectuate such Agreement.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Transfer of Ownership and License Agreement, Communications Tower Agreement,
Miscellaneous Resolution #92120, Memo regarding Rochester Hills Tower Site Contract, and
Miscellaneous Resolution #92110 on file in County Clerk’s office.
Commissioners Minutes Continued. September 18, 2008
783
The Chairperson referred the resolution to the Finance Committee and the Planning and Building
Committee. There were no objections.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO THE 2008 OAKLAND COUNTY BOARD
OF COMMISSIONERS’ BOARD RULES – STANDING COMMITTEE STRUCTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends the following amendments to the 2008
Oakland County Board of Commissioners’ Board Rules, X B(2) and B(3), as follows:
(2) The General Government Committee shall consist of seven (7) eight (8) members of the majority
party and five (5) four (4) members of the minority party.
(3) The Personnel Committee shall consist of six (6) seven (7) members of the majority party and five
(5) four (4) members of the minority party.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Moved by Long supported by Kowall the General Government Committee Report be postponed
indefinitely.
AYES: Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack, Bullard, Burns. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the General Government Committee Report was postponed
indefinitely.
PROPOSED REVISED REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO STANDING COMMITTEE MEMBERSHIP
FOR THE GENERAL GOVERNMENT AND PERSONNEL COMMITTEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends the following amendments to the Board of
Commissioners’ General Government and Personnel Committee Membership for 2008, as detailed
below:
GENERAL GOVERNMENT COMMITTEE: Long (Chair), Gingell, (Vice Chair), Hatchett (Minority Vice
Chair), Kowall, Potter, Jacobsen, Potts, Clark, Gregory, Nash, Greimel, ________________
PERSONNEL COMMITTEE: Middleton (Chair), Gosselin (Vice Chair), Douglas, Rogers, Scott, Clark,
Coleman, Hatchett, Zack, Spector, __________________
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Moved by Long supported by Gingell the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the Report was accepted.
Discussion followed.
Moved by Zack supported by Coleman the General Government Committee Report be amended as
follows:
Commissioners Minutes Continued. September 18, 2008
784
To appoint Commissioner Karen Spector as Minority Vice Chair of the Personnel Committee.
Vote on General Government Committee Report, as amended:
AYES: Coleman, Coulter, Gershenson, Gregory, Greimel, Hatchett, Nash, Spector, Woodward,
Zack, Burns. (11)
NAYS: Crawford, Douglas, Gingell, Gosselin, Jacobsen, Kowall, Long, Middleton, Potter, Potts,
Rogers, Scott, Bullard, Clark. (14)
A sufficient majority having not voted in favor, the amendment failed.
Discussion followed.
Vote on General Government Committee Report, as presented:
AYES: Crawford, Douglas, Gingell, Gosselin, Jacobsen, Kowall, Long, Middleton, Potter, Potts,
Rogers, Scott, Bullard, Clark. (14)
NAYS: Coulter, Gershenson, Gregory, Greimel, Hatchett, Nash, Spector, Woodward, Zack,
Burns, Coleman. (11)
A sufficient majority having voted in favor, the General Government Committee Report, as presented, was
accepted.
REPORT (MISC. #08126)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRANSIT COMMUTER BENEFIT PROGRAM FOR
OAKLAND COUNTY EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution on September 2008, reports
with the recommendation that the resolution be amended to insert the following language as the third BE
IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that if the Administration in their research does not find this program to
be cost effective, they shall report back to the Finance Committee.
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report.
FINANCE COMMITTEE
REPORT (MISC. #08126)
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRANSIT COMMUTER BENEFIT PROGRAM FOR OAKLAND
COUNTY EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #08126 on August 27, 2008 reports
with the recommendation the resolution be amended and adopted as follows:
Change the title to read: Board of Commissioners – Pilot Transit Commuter Benefit Program for
Oakland County Employees
The NOW THEREFORE paragraph be amended to read: NOW THEREFORE BE IT RESOLVED
that the Oakland County Board of Commissioners authorizes the County Executive through the
Human Resources Department to implement a voluntary Pilot Transit Commuter Benefit Program for
all county employees.
The second BE IT FURTHER RESOLVED paragraph to read: that the Oakland County Board of
Commissioners are updated on the status of Oakland County’s enrollment within 30 days of adoption
of this resolution and for one year after implementation. If interest is not demonstrated in that
period the program will be dissolved.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
Commissioners Minutes Continued. September 18, 2008
785
MISCELLANEOUS RESOLUTION #08126
BY: Commissioner David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – TRANSIT COMMUTER BENEFIT PROGRAM FOR OAKLAND
COUNTY EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the soaring cost of gas continues to put increasing financial pressure on the budgets of
governments, businesses and Oakland County workers and families; and
WHEREAS the relentless global demand for scarce oil resources makes it unlikely that a significant
reduction in the cost of gasoline, diesel fuel or biofuels will occur in the next several years; and
WHEREAS financial incentives have a significant impact on commute decisions; and
WHEREAS the federal tax code provides a variety of financial incentives related to commuter benefits for
employers and employers; and
WHEREAS mass transit is a viable alternative that can reduce the cost of transportation for Oakland
County worker and their families; and
WHEREAS Federal law lets private employers, non-profit organizations, and public agencies to
implement a Transit Commuter Benefit Program so that workers receive up to $115 a month in employer-
paid tax-free transit costs, or take up to $115 a month in tax-sheltered payroll deductions in transit costs;
and
WHEREAS “transit benefits” are defined as passes, vouchers, or similar fare media provided to
employees to cover their transit or qualified vanpool commuting costs; and
WHEREAS the Transit Commuter Benefit Program saves the employer money by eliminating payroll
taxes on the value of the benefit, and saves employees money by eliminating their share of payroll taxes,
and local, state, federal taxes on the value of transit benefit; and
WHEREAS Suburban Mobile Authority for Regional Transportation (SMART), the largest transit authority
in Oakland County and all of Michigan, offers a Transit Commuter Benefit Program called the SMART
TransitChek Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
County Executive through the Human Resources Department to implement a voluntary Transit Commuter
Benefit Program for all county employees.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the County
Executive through the Human Resources Department to enroll in the SMART TansitChek Program.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners are updated on the
status of Oakland County’s enrollment within 30 days of adoption of this resolution.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages Oakland
County’s cities, villages, and townships, businesses and nonprofits also to enroll into the SMART
TransitChek Program.
BE IT FURTHER RESOLVED that a copy of this adopted resolution be forwarded by the Oakland County
Clerk to the Oakland County Business Roundtable, and all Oakland County’s cities, villages, and
townships.
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, TIM BURNS, VINCENT
GREGORY, KAREN SPECTOR, MARCIA
GERSHENSON, JIM NASH, DAVID COULTER,
ERIC COLEMAN, HELAINE ZACK, TIM
GREIMEL
FISCAL NOTE (MISC. #08126)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRANSIT COMMUTER BENEFIT PROGRAM FOR OAKLAND
COUNTY EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
Commissioners Minutes Continued. September 18, 2008
786
1. The Oakland County Board of Commissioners authorizes the County Executive through the
Human Resources Department to implement a voluntary Transit Commuter Benefit Program for
all county employees.
2. Federal law allows private and public agencies to implement a Transit Commuter Benefit
Program so that workers receive up to $115 a month in employer-paid tax-free transit costs, or
take up to $115 a month in tax-sheltered payroll deductions in transit costs.
3. Transit benefits are defined as passes, vouchers or similar fare media provided to employees to
cover their transit or qualified vanpool commuting costs.
4. The cost of the program is estimated at $20,409 per year. These costs consist of an initial set-up
fee of $4,000, the cost of a minimum of 25 employees at $4 per month per year of $1,200 and the
cost of an Emergency Salary Office Assistant II position at $15,209 to process and track
enrollments, ensure the information is provided to Payroll and the vendor, handle distribution of
marketing materials and provide reports to the Board.
5. This benefit would be paid out of the Non-Departmental Contingency account. The budget would
be amended as follows:
GENERAL FUND (#10100) FY 2009 FY 2010
Expenditures
9090101-196030-730359 Non-Dept Contingency ($20,409) ($20,409)
9090101-196030-740058 Emergency Salaries Reserve 15,209 15,209
9010101-196030-740178 Transit Commuter Benefit Prog 5,200 5,200
Total Expenditures -0- -0-
6. The Oakland County Board of Commissioners will be updated on the status of Oakland County’s
enrollment within 30 days of the adoption of the resolution. A budget amendment is
recommended for Fiscal Year 2009 and Fiscal Year 2010.
FINANCE COMMITTEE
Moved by Middleton supported by Woodward the resolution (with fiscal note attached) be adopted.
Moved by Middleton supported by Clark the resolution be referred back to the Personnel Committee.
Discussion followed.
Commissioner Middleton withdrew his motion and Commissioner Clark withdrew his support.
Moved by Middleton supported by Woodward the Finance Committee Report and the Personnel
Committee Report be accepted.
A sufficient majority having voted in favor, the reports were accepted.
Moved by Middleton supported by Woodward the resolution be amended to coincide with the
recommendations in the Finance Committee Report and the Personnel Committee Report.
A sufficient majority having voted in favor, the amendments carried.
Discussion followed.
Moved by Douglas supported by Gingell the resolution be amended to delete the last BE IT FURTHER
RESOLVED paragraph.
Vote on amendment:
AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Kowall, Long, Middleton, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard,
Burns, Clark, Coleman, Coulter. (23)
NAYS: Nash, Potter. (2)
A sufficient majority having voted in favor, the amendment carried.
Commissioners Minutes Continued. September 18, 2008
787
Vote on resolution, as amended:
AYES: Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Kowall, Nash,
Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Coleman, Coulter. (19)
NAYS: Jacobsen, Long, Middleton, Bullard, Clark, Crawford. (6)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
REPORT (MISC. #08179)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – CREATION OF COLLEGE INTERN JOB
CLASSIFICATION AND POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee having reviewed the above referenced resolution, recommends the following
paragraph be added:
BE IT FURTHER RESOLVED that continuation of the Circuit Court College Intern positions, for which
costs are reimbursed to the General Fund from the Circuit Court Mediation Fund is contingent upon
future levels of funding available from the Mediation Fund.
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #08179
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – CREATION OF COLLEGE INTERN JOB
CLASSIFICATION AND POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #84084 allocated funds to Human Resources for a paid Intern
Program; and
WHEREAS since 1984 the County’s paid Intern Program has provided cost effective assistance to
departments and provided a source of recruitment for County vacancies while benefiting college students
with professional mentoring experiences; and
WHEREAS the current program is funded by a GF/GP Human Resources line item of $199,800 with an
additional $18,000 revenue from the Circuit Court mediation fund for two court interns; and
WHEREAS the Human Resources Department proposes to disburse the current intern funds from the
Human Resources line item to departments to create college intern positions that departments may fill
with students from various colleges and universities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
creation of a College Intern classification at an $8.75 per hour flat rate.
BE IT FURTHER RESOLVED that funds from the Human Resources “Intern Program” line item be
utilized to create the following GF/GP College Intern positions within Departments where internships
currently exist effective with the County’s Fiscal Year 2009 Budget.
Number of
Positions
Hours per
Position Department/Division Department
Number
1 1,000 Circuit Court/Adult Treatment Court Program 3010301
1 1,000 Circuit Court/Family Court/Juvenile Psychological Clinic 3010402
2 1,000 Circuit Court Family/FOC/Client Job Referral Program 3010404
1 1,000 County Executive/Emergency Response and
Preparedness 1010115
1 1,000 Management and Budget/Purchasing 1020401
1 1,000 Human Resources/Workforce Management 1050402
1 520 Human Services/Health/Laboratory 1060212
Commissioners Minutes Continued. September 18, 2008
788
5 1,000 Human Services/Children’s Village 1060501
2 1,000 Public Services/Community Corrections 1070410
1 1,000 Public Services/MSU Extension 1070501
1 825 Public Services/Animal Control 1070801
2 1,000 Economic Development and Community Affairs 1090101
1 520 Economic Dev and Community Affairs (Waste Resource
Management) 1090105
1 1,000 Economic Dev and Community Affairs (Arts and Culture) 1090108
1 1,000 Economic Dev and Community Affairs (Marketing and
Communication) 1090108
1 1,000 Economic Dev and Community Affairs (Financial Services) 1090202
23 Total
BE IT FURTHER RESOLVED that the following GF/GP College Intern positions be created and
reimbursed from the Circuit Court mediation fund.
Number of
Positions
Hours per
Position Department/Division Department
Number
1 1,000 Circuit Court/Alternative Dispute 3010301
1 1,000 Circuit Court/Friend of the Court/Client Job Referral
Program 3010404
2 Total
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (MISC. #08179)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – CREATION OF COLLEGE INTERN JOB
CLASSIFICATION AND POSITIONS
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 Human Resources Department has proposed to disburse current intern funds from the
Human Resources Department’s Intern Program line-item to departments’ salaries and fringe
line-items to create General Fund/General Purpose College Intern positions that departments
may fill with students from various colleges and universities.
2. The College Intern classification will be set at a flat rate of $8.75 per hour.
3. The positions will be effective with the County’s Fiscal Year 2009 Budget.
4. The total number of positions to be created is 25 based on the departments that have been
utilizing the current intern program.
5. The total cost to create the College Intern positions is $217,380 (Salaries - $208,819; Fringe
Benefits - $8,561).
6. The current Fiscal Year 2009 Budget for the Intern Program is $199,800.
7. The General Fund will receive reimbursement for two (2) Circuit Court College Intern positions
from the Circuit Court’s Mediation Fund, which are estimated to cost $18,217 (Salaries - $17,500;
Fringe Benefits - $717).
8. The Mediation Fund (10100-3010301-121150-240201) currently has a balance of $703,726.27
available, of which a portion is reserved to pay attorney bills (approx. $515,000 for Fiscal Year
2008) and reimburse the Human Resources Department for two (2) Intern positions currently in
the program (approx. $18,000 for Fiscal Year 2008).
Commissioners Minutes Continued. September 18, 2008
789
9. A budget amendment to the Fiscal Year 2009 and Fiscal Year 2010 Budget is recommended as
follows:
GENERAL FUND (#10100) FY 2009 FY 2010
Revenue
1050402-183030-631827 HR-WF Mgmt – Reimb.- General ($ 18,000) ($18,000)
3010301-121150-630245 Civil Mediation 18,217 18,217
Total Revenues $ 217 $ 217
Expenditures
3010402-135060-702010 Family Court – Salaries $ 8,750 $ 8,750
3010402-135060-722740 Family Court – Fringe Benefits 359 359
3010404-126050-702010 FOC – Salaries 26,250 26,250
3010404-126050-722740 FOC – Fringe Benefits 1,074 1,074
3010301-121200-702010 Civil/Criminal – Salaries 8,750 8,750
3010301-121200-722740 Civil/Criminal – Fringe Benefits 359 359
3010301-121150-702010 Civil/Crim/Alt.Disp. – Salaries 8,750 8,750
3010301-121150-722740 Civil/Crim/Alt.Disp – Fringe Benefits 359 359
1010115-115090-702010 County Exec/ERP – Salaries 8,750 8,750
1010115-115090-722740 County Exec/ERP – Fringe Benefits 359 359
1020401-182090-702010 M&B/Purchasing – Salaries 8,750 8,750
1020401-182090-722740 M&B/Purchasing – Fringe Benefits 359 359
1050402-183030-702010 HR/Workforce Mgmt – Salaries 8,750 8,750
1050402-183030-722740 HR/Workforce Mgmt – Fringe Benefits 359 359
1060212-133120-702010 Health/Laboratory – Salaries 4,550 4,550
1060212-133120-722740 Health/Laboratory – Fringe Benefits 187 187
1060501-112010-702010 Children’s Village – Salaries 43,750 43,750
1060501-112010-722740 Children’s Village – Fringe Benefits 1,794 1,794
1070410-113000-702010 Comm. Corr. – Salaries 17,500 17,500
1070410-113000-722740 Comm. Corr. – Fringe Benefits 717 717
1070501-174000-702010 MSU Extension – Salaries 8,750 8,750
1070501-174000-722744 MSU Extension – Fringe Benefits 359 359
1070801-114000-702010 Animal Control – Salaries 7,219 7,219
1070801-114000-722744 Animal Control – Fringe Benefits 296 296
1090101-171000-702010 Econ Dev – Admin – Salaries 17,500 17,500
1090101-171000-722740 Econ Dev – Admin – Fringe Benefits 717 717
1090105-174230-702010 Waste Resource Mgmt – Salaries 4,550 4,550
1090105-174230-722740 Waste Resource Mgmt – Fringe Benefits 187 187
1090108-171030-702010 Marketing and Comm – Salaries 17,500 17,500
1090108-171030-722740 Marketing and Comm – Fringe Benefits 717 717
1090202-171100-702010 PEDS – Salaries 8,750 8,750
1090202-171100-722740 PEDS – Fringe Benefits 359 359
1050402-183030-730975 HR/Workforce Mgmt – Intern Program ( 199,800) (199,800)
9090101-196030-740037 Non-Dept – Rate and Class Change ( 17,363) ( 17,363)
Total Expenditures $ 217 $ 217
FINANCE COMMITTEE
Moved by Middleton supported by Rogers the resolution (with fiscal note attached) be adopted.
Moved by Middleton supported by Rogers the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Middleton supported by Rogers the resolution be amended to coincide with the
recommendation in the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Commissioners Minutes Continued. September 18, 2008
790
Vote on resolution, as amended:
AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long,
Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Clark,
Coleman, Coulter, Crawford, Douglas. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
MISCELLANEOUS RESOLUTION #08195
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - 2008 LAKE LEVEL ASSESSMENTS FOR OPERATION AND
MAINTENANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Part 307 of Act 451 of 1994, as amended, Inland Lake
Levels, the Oakland County Drain Commissioner operates and maintains 35 lake level control
devices/structures and 7 lake augmentation pumps that regulate the legally established water level of 53
lakes located within Oakland County; and
WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are
recoverable via assessments against the various benefiting properties and government entities
comprising the assessment rolls of the respective Lake Level Districts; and
WHEREAS Section 30722(4) of Act No. 59 requires that the Drain Commissioner obtain approval from
the Board of Commissioners prior to levying any lake level assessment in excess of $10,000 annually;
and
WHEREAS for the year 2008, the Drain Commissioner proposes to assess 28 separate Lake Level
Districts for the total aggregate amount of $450,755.88, for operation, maintenance and repair purposes,
as itemized on the listing attached hereto, of which 20 of the proposed assessments are in excess of the
said $10,000.00 limit, thereby requiring the Board of Commissioners’ authorization.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Drain Commissioner to assess, levy and collect for the year 2008, for the purpose of
operating and maintaining the level of various lakes located in Oakland County, the total aggregate
amount of $450,755.88, being the sum total of all assessments for the said year to be assessed against
all of the befitting properties and government entities comprising the assessment rolls of 28 separate
Lake Level Districts itemized on the listing hereto, including 20 assessments in excess of $10,000.00.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Drain Commissioner 2008 Lake Level Assessments for Maintenance and
Operation on file in County Clerk’s office.
FISCAL NOTE (MISC. #08195)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DRAIN COMMISSIONER - 2008 LAKE LEVEL ASSESSMENTS FOR OPERATION AND
MAINTENANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution authorizes the Drain Commissioner to assess, levy, and collect $450,755.88 for
the year 2008 against all benefiting properties and government entities comprising the
assessment rolls, for the purpose of operating and maintaining 28 lake levels located within
Oakland County.
2. Oakland County’s share of the assessments for operations and maintenance of lake levels is
$1,791.80.
Commissioners Minutes Continued. September 18, 2008
791
3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No
budget amendments are recommended.
FINANCE COMMITTEE
The Chairperson stated the resolution be laid over for 30 days until the October 23, 2008, Board meeting.
There were no objections.
MISCELLANEOUS RESOLUTION #08196
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - 2008 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT
RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Chapter 4 of Act No. 40 of the Public Acts of 1956, as
amended, also known as the Michigan Drain Code, the Oakland County Drain Commissioner operates
and maintains a number of open ditch or enclosed drains at various locations throughout Oakland
County; and
WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are
recoverable via assessments against the various benefiting properties and government entities
comprising the assessment rolls of the respective Drainage Districts; and
WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to levy assessments
against the Drainage District of drains established in accordance with said Chapter 4, for operation,
maintenance, clean out and repair purposes, provided such assessments not exceed $1,250 per mile of
drain per year, or fraction thereof; and
WHEREAS for the year 2008, the Drain Commissioner proposes to assess the 34 Drainage districts the
total aggregate amount of $109,424.48 for the maintenance, operation, clean out and repair of 34 drains,
all in accordance with the said $1,250 per mile of drain per year limitation, as itemized on the listing
attached hereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Drain Commissioner to assess, levy and collect for the year 2008, for the purpose of
operating, maintaining, cleaning out and repairing 34 drains located in Oakland County, the total
aggregate amount of $109,424.48, being the sum total of assessments for the said year to be assessed
against all of the benefiting properties and government entities comprising the assessment rolls of 34
Drainage Districts itemized on the listing attached hereto.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Drain Commissioner 2008 Chapter 4 Drain Assessments for Maintenance and
Operation on file in County Clerk’s office.
FISCAL NOTE (MISC. #08196)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DRAIN COMMISSIONER - 2008 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT
RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution authorizes the Drain Commissioner to assess, levy, and collect $109,424.48 for
the year 2008 against all benefiting properties and government entities comprising the
assessment rolls, for the purpose of maintaining, cleaning, and repairing 34 Chapter 4 drains
located within Oakland County.
2. Oakland County’s share of the assessments for maintenance of Chapter 4 drains is $6,027.26.
3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No
budget amendments are recommended.
Commissioners Minutes Continued. September 18, 2008
792
FINANCE COMMITTEE
The Chairperson stated the resolution be laid over for 30 days until the October 23, 2008, Board meeting.
There were no objections.
MISCELLANEOUS RESOLUTION #08197
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - 2008 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT
RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Chapter 18 of Act No. 40 of the Public Acts of 1956, as
amended, also known as the Michigan Drain Code, the Oakland County Drain Commissioner operates
and maintains a number of open ditch and/or enclosed drains at various locations in Oakland and West
Bloomfield Townships; and
WHEREAS existing private drains established as County Drains in accordance with Chapter 18 of the
Michigan Drain Code shall be the same as if originally laid out and designated, located, established and
constructed by procedures set forth in other sections of the Michigan Drain Code; and
WHEREAS the Drain Commissioner incurs costs for the operation and maintenance of these Drains that
are recoverable via assessments against the various benefiting properties and government entities
comprising the assessment rolls of the respective Drainage Districts; and
WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to levy assessments
against Drainage District of Drains established in accordance with said Chapter 18, for operation,
maintenance, clean out and repair purposes, provided such assessments not exceed $1,250 per mile of
drain per year, or fraction thereof; and
WHEREAS for the year 2008, the Drain Commissioner proposes to assess the 20 Drainage Districts the
total aggregate amount of $45,228.83 for the maintenance, operation, cleanout and repair of 20 drains, all
in accordance with the said $1,250 per mile of drain per year limitation, as itemized on the listing attached
hereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Drain Commissioner to assess, levy and collect for the year 2008, for the purpose of
operating, maintaining, cleaning out and repairing 20 drains located in Oakland County, the total
aggregate amount of $45,228.83, being the sum total of assessments for the said year to be assessed
against all of the benefiting properties and government entities comprising the assessment rolls of 20
Drainage Districts itemized on the listing attached hereto.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (MISC. #08197)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DRAIN COMMISSIONER - 2008 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT
RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution authorizes the Drain Commissioner to assess, levy, and collect $45,228.83 for the
year 2008 against all benefiting properties and government entities comprising the assessment
rolls, for the purpose of operating, maintaining, cleaning, and repairing 20 Chapter 18 drains
located within Oakland County.
2. Oakland County’s share of the assessments for maintenance of Chapter 18 drains is $7,109.44.
3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No
budget amendments are recommended.
FINANCE COMMITTEE
Commissioners Minutes Continued. September 18, 2008
793
The Chairperson stated the resolution be laid over for 30 days until the October 23, 2008, Board meeting.
There were no objections.
MISCELLANEOUS RESOLUTION #08198
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE
DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR
UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY – GLEN OAKS
COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Glen Oaks County Park located in the City of
Farmington Hills; and
WHEREAS the Detroit Edison Company is in the process of providing upgraded electrical service to the
pump house facility at Glen Oaks County Park and has requested that the County of Oakland grant a 10-
ft. wide easement for underground electric service; and
WHEREAS the Oakland County Parks and Recreation staff and the Detroit Edison Company have
agreed upon a route for the said underground electric service, which will provide electric service inclusive
of a new transformer at Glen Oaks County Park; 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 underground electric service and related
appurtenances to the Detroit Edison Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement for underground electric service and related
appurtenances.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08199
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF LEASE
AMENDMENT 1 WITH 2300 DIXIE HIGHWAY, LLC FOR USE OF PROPERTY AT 2300 DIXIE
HIGHWAY, WATERFORD, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Department of Community Corrections is presently housed in leased office space at 2300
Dixie Hwy., Waterford, Michigan; and
WHEREAS at the present time no adequate County owned facility exists, which would accommodate the
office space requirements or daily functions of the Community Corrections Department; and
WHEREAS the Department of Facilities Management and 2300 Dixie Highway, LLC have negotiated the
terms and conditions of the attached Lease Amendment 1 Agreement, which will allow the Department of
Community Corrections to continue to occupy the existing office space located at 2300 Dixie Highway for
an additional two-year term with the option to extend the lease for up to three additional one year terms;
and
WHEREAS the term of the new lease shall commence on October 19, 2008, and expire on October 18,
2010. Rent for said term shall be at a rate of $17.90 per square foot or $14,545.24 monthly or
$174,542.90 annually; and
WHEREAS it is the recommendation of the Department of the Facilities Management that the Oakland
County Board of Commissioners accepts and approves the terms and conditions of the attached Lease
Amendment 1 Agreement; and
Commissioners Minutes Continued. September 18, 2008
794
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease amendment agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Amendment 1 Agreement for use of office facilities at 2300 Dixie
Highway, Waterford, Michigan between the County of Oakland and 2300 Dixie Highway, LLC.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Amendment 1 Agreement and all other
related documents between the County of Oakland and 2300 Dixie Highway, LLC, 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 Acceptance and Approval of Lease Amendment for Department of Community Corrections on file in
County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #08200)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS -
PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2008 ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution on September 2008, reports
with the recommendation that the resolution be amended to change the NOW THEREFORE BE IT
RESOLVED grant funding from the State of Michigan in the amount of $50,196 to $50,195.
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #08200
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – PERFORMANCE
GRANT AGREEMENT FOR FISCAL YEAR 2008 ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan has awarded Oakland County Emergency Response and Preparedness
grant funding in the amount of $50,195 for the period of October 1, 2007, through September 30, 2008;
and
WHEREAS Emergency Management was notified of available grant funding via letter dated July 30,
2008, as attached; and
WHEREAS this is the 36th year of grant acceptance for this program; and
WHEREAS the purpose of the program is to encourage the development of comprehensive disaster
preparedness and assistance plans, programs, capabilities, and organizations by the States and local
governments; and
WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-through of
Federal funds for which no County match is required; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review
Process subject to approval of the Department of Corporation Counsel and the Board of Commissioners
Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant
funding from the State of Michigan in the amount of $50,196 for Fiscal Year 2008.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant agreement and to approve any grant extensions or changes, within fifteen percent
(15%) of the original award, which are consistent with the original agreement as approved.
Commissioners Minutes Continued. September 18, 2008
795
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Executive Summary Oakland County Emergency Response and Preparedness Performance
Grant Agreement 2008, and Grant Review Sign Off – Emergency Response and Preparedness on file in
County Clerk’s office.
FISCAL NOTE (MISC. #08200)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS - PERFORMANCE
GRANT AGREEMENT FOR FISCAL YEAR 2008 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
resolutions and finds:
1. Oakland County Emergency Management has been awarded grant funding by the State of
Michigan in the amount of $50,195 for the period of October 1, 2007 through September 30,
2008, for the development of comprehensive disaster preparedness and assistance plans,
programs, capabilities, and organizations by the State and local governments.
2. This is the 36th year of grant acceptance for this program. The Fiscal Year 2008 total EMPG
award goes towards funding a portion of the total salary and fringe benefits of the Emergency
Management department’s Emergency Program Administrator’s salary and fringe benefits,
(position #09864).
3. No County General Fund/General Purpose match is required.
4. Revenue from this agreement is included in the Fiscal Year 2008 Budget as General-Fund
revenue; no budget amendment is recommended.
FINANCE COMMITTEE
Moved by Potter supported by Middleton the resolution (with fiscal note attached) be adopted.
Moved by Potter supported by Middleton the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Potter supported by Middleton 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, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash,
Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Clark, Coleman, Coulter,
Crawford, Douglas, Gershenson. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
MISCELLANEOUS RESOLUTION #08201
BY: Commissioners Christine Long, Bill Bullard, Glenn Clark, Hugh Crawford, Sue Ann Douglas, Michael
Gingell, Bradford Jacobsen, Eileen Kowall, Jeff Potter, David Potts, Mike Rogers, John Scott, Mattie Hatchett,
Vincent Gregory
IN RE: OPPOSITION TO MICHIGAN HOUSE BILL 6070 AMENDING THE EMERGENCY TELEPHONE
SERVICES ENABLING ACT
Commissioners Minutes Continued. September 18, 2008
796
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan House of Representatives introduced House Bill 6070, which seeks to amend
Public Act 32 of 1986 entitled the “Emergency Telephone Service Enabling Act” by usurping the County
Board of Commissioner’s ability to levy a local 9-1-1 operational surcharge by resolution; and
WHEREAS House Bill 6070 mandates that all 9-1-1 operational surcharges be approved by the Michigan
Public Service Commission, an appointed, unelected bureaucracy with no accountability to the citizens of
Oakland County, rather than the legally elected Board that the residents of Oakland County have
entrusted to represent them and do hold accountable; and
WHEREAS House Bill 6070 only allows a county 9-1-1 surcharge to be assessed after approval from the
Public Services Commission, followed by a vote of the people of the county, to wit: “A county MAY NOT
seek voter approval for a 9-1-1 surcharge unless the proposed 9-1-1 surcharge has been approved by
the commission”; and
WHEREAS the Michigan Public Services Commission is a regulatory commission dealing with tariff rates
for utilities and has no knowledge of local public safety communications needs; and
WHEREAS the Oakland County Board of Commissioners, demonstrating due diligence in determining
local public safety communication needs, has historically funded public safety communications through a
fiscally conservative 9-1-1 operational surcharge without asking permission from an appointed state
commission; and
WHEREAS the time lines mandated by House Bill 6070 would, in most counties, necessitate the
unnecessary, wasteful expense of a special election in order to obtain voter approval in a timely fashion;
and
WHEREAS House Bill 6070 continues to provide benefits to the telecommunication service providers
including a 2% “billing and collection” charge plus an undefined “technical surcharge” for which there is no
accountability, while impeding the County Board’s ability to fund critical services with inflexible mandatory
timelines.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly
opposes House Bill 6070.
BE IT FURTHER RESOLVED that copies of this resolution be transmitted to Governor Jennifer
Granholm, and all Senators and Representatives serving Oakland County.
Chairperson, we move the adoption of the foregoing Resolution.
JOHN SCOTT, SUE ANN DOUGLAS,
BRADFORD JACOBSEN, EILEEN KOWALL,
DAVID POTTS, GLENN CLARK, CHRISTINE
LONG, MICHAEL ROGERS, MICHAEL
GINGELL, JEFF POTTER, MATTIE
HATCHETT, BILL BULLARD, VINCENT
GREGORY, TOM MIDDLETON, HUGH
CRAWFORD
Moved by Douglas supported by Gingell to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #08201 – OPPOSITION TO MICHIGAN HOUSE BILL 6070 AMENDING THE
EMERGENCY TELEPHONE SERVICES ENABLING ACT.
Discussion followed.
Vote on motion to suspend the rules:
AYES: Gosselin, Gregory, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts,
Rogers, Scott, Spector, Woodward, Bullard, Clark, Crawford, Douglas, Gingell. (19)
NAYS: Greimel, Zack, Burns, Coleman, Coulter, Gershenson. (6)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #08201 – OPPOSITION TO MICHIGAN HOUSE BILL 6070
AMENDING THE EMERGENCY TELEPHONE SERVICES ENABLING ACT carried.
Discussion followed.
Commissioners Minutes Continued. September 18, 2008
797
Pat Coats addressed the Board.
Moved by Gosselin supported by Coulter the resolution be referred to the General Government
Committee.
Discussion followed.
Vote on motion to refer the resolution to the General Government Committee:
AYES: Greimel, Nash, Spector, Woodward, Zack, Burns, Coleman, Coulter, Gershenson,
Gosselin. (10)
NAYS: Gregory, Hatchett, Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott,
Bullard, Clark, Crawford, Douglas, Gingell. (15)
A sufficient majority having not voted in favor, the motion to refer the resolution to the General
Government Committee failed.
Moved by Douglas supported by Gingell the resolution be adopted.
AYES: Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Bullard,
Clark, Crawford. Douglas, Gingell, Gregory. (16)
NAYS: Greimel, Spector, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Gosselin. (9)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #08202
BY: Commissioners Jim Nash, David Potts, Tim Burns, Eric Coleman, David Coulter, Marcia
Gershenson, Michael Gingell, Vincent Gregory, Tim Greimel, Mattie Hatchett, Bradford Jacobsen, Karen
Spector, David Woodward, Helaine Zack
IN RE: BOARD OF COMMISSIONERS – RESOLUTION TO ESTABLISH A REGIONAL
PARTNERSHIP FOR SUSTAINABILITY
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS environmental and economic challenges are regional in nature and will be most effectively
addressed by cooperation across jurisdictional boundaries; and
WHEREAS the Detroit City Council and the County Commissions of Wayne, Oakland, and Macomb
Counties convened at the 2008 Tri-County Summit to collaborate in finding regional solutions to
environmental and economic issues; and
WHEREAS a sustainable future is one built on meeting today’s needs without compromising the ability of
future generations to meet their needs, and must encompass the triple bottom line of environmental
integrity, economic prosperity and social equity; and
WHEREAS this objective can best be achieved through a joint partnership between the Detroit City
Council and the County Commissions of Wayne, Oakland, and Macomb Counties; and
WHEREAS such a partnership, to be called the Regional Partnership for Sustainability, will establish a
framework for dealing with a wide range of environmental and economic challenges faced by the
southeast region of Michigan; and
WHEREAS the Partnership will be a substantive product of the 2008 Tri-County Summit, as well as an
entity through which government, business and institutions within the region can work together to craft
desired goals resulting in solutions for a sustainable future; and
WHEREAS we are confident that such a commitment from the Tri-County communities will prove to be a
model for regional growth and sustainability.
NOW THEREFORE BE IT RESOLVED that the Detroit City Council and the Wayne, Oakland, and
Macomb County Commissions hereby recognize the significant benefit of regional cooperation and join
together to establish the Regional Partnership for Sustainability.
BE IT FURTHER RESOLVED that a steering committee shall be formed with two bipartisan (as
appropriate) voting representatives each from the Detroit City Council, the Commissions of Wayne,
Commissioners Minutes Continued. September 18, 2008
798
Oakland, and Macomb Counties to provide direction and oversight; the steering committee will also
include non-voting members representing city and county departments and subject experts.
BE IT FURTHER RESOLVED that the Detroit City Council and the Commissions of Wayne, Oakland, and
Macomb Counties shall take a vote regarding the establishment of the Partnership by November 15,
2008; and providing the Partnership is established, convene the first meeting of the steering committee by
January 16, 2009.
BE IT FURTHER RESOLVED that the Partnership will have a three-year duration with the option to
continue its work towards a sustainable region beyond three years as deemed fit and necessary.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests the
Oakland County Clerk to forward copies of this adopted resolution to the Detroit City Council and the
Commissions of Wayne, Oakland, and Macomb Counties.
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, DAVID POTTS, HELAINE ZACK,
DAVE WOODWARD, DAVID COULTER,
VINCENT GREGORY, TIM GREIMEL, MATTIE
HATCHETT, MARCIA GERSHENSON, KAREN
SPECTOR, TIM BURNS, SUE ANN DOUGLAS,
TOM MIDDLETON, MICHAEL GINGELL, JEFF
POTTER, BRADFORD JACOBSEN, EILEEN
KOWALL, HUGH CRAWFORD
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #08203
BY: Commissioners Jim Nash, David Potts, Tim Burns, Eric Coleman, David Coulter, Marcia
Gershenson, Michael Gingell, Vincent Gregory, Tim Greimel, Mattie Hatchett, Bradford Jacobsen, Karen
Spector, David Woodward, Helaine Zack
IN RE: BOARD OF COMMISSIONERS – RESOLUTION TO MAKE ENERGY EFFICIENCY THE
FOCUS OF THE REGIONAL PARTNERSHIP FOR SUSTAINABILITY
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the Detroit City Council and the County Commissions of Wayne, Oakland and Macomb
Counties have established the Regional Partnership for Sustainability; and
WHEREAS Michigan’s per capita energy use continues to steadily increase even as energy costs
increase; and
WHEREAS cities and counties can increase energy efficiency through green building practices and other
energy-efficient actions and policies that can demonstrate measurable results; and
WHEREAS energy efficiency and diversification can create opportunities for economic revival by
providing job and business opportunities within the emerging green economy; and
WHEREAS there are models of government-led success in other cities, states, and regions.
NOW THEREFORE BE IT RESOLVED that the initial focus of the Regional Partnership for Sustainability
be on Energy Efficiency.
BE IT FURTHER RESOLVED that the Partnership will work with WARM Training, and the Southeast
Michigan Regional Energy Office and ReBuild Michigan initiatives for technical assistance, training in best
practices and energy audits.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests the
Oakland County Clerk to forward copies of this adopted resolution to the Detroit City Council, the
Commissions of Wayne, Oakland, and Macomb Counties, WARM Training, and the Southeast Michigan
Regional Energy Office.
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, DAVID POTTS, KAREN SPECTOR,
TOM MIDDLETON, MARCIA GERSHENSON,
JEFF POTTER, MATTIE HATCHETT, MIKE
ROGERS, ERIC COLEMAN, HUGH
Commissioners Minutes Continued. September 18, 2008
799
CRAWFORD, TIM BURNS, EILEEN KOWALL,
VINCENT GREGORY, DAVE WOODWARD,
BRADFORD JACOBSEN, MICHAEL GINGELL,
SUE ANN DOUGLAS
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #08204
BY: Commissioner Tim Greimel, and Commissioner Karen Spector
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR ESTABLISHMENT OF ENERGY TRADES
INSTITUTE TO TRAIN AND RE-TRAIN WORKERS FOR MICHIGAN’S FUTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the Michigan Public Service Commission, Michigan’s Legislature, and Michigan’s Governor
are contemplating enacting reliability requirements for Michigan’s electric utility industry as a result of
severe storms in 2008 that resulted in severe losses of electric power, thereby impacting trade,
commerce, and the quality of life for thousands of Michigan residents; and
WHEREAS the provision of reliable electrical service and rapid storm response is imperative to the quality
of life of Michigan residents and the productivity of Michigan’s public, private, agricultural, commercial,
and industrial sectors; and
WHEREAS electrical line workers are the “backbone” of the electric utility industry and perform the labor
required to operate and maintain the electric grid; and
WHEREAS electrical line workers’ labor erecting transmission towers and utility poles and constructing
and repairing the transmission lines that carry electricity from power plants to distribution lines and,
ultimately, to commercial, industrial, and residential customers is critical to our country and our state’s
quality of life; and
WHEREAS these line workers perform one of the most dangerous professions and receive wages that
are among the highest in the world for jobs that do not require a college education; and
WHEREAS there are only an estimated 50,000 line workers across the country; and
WHEREAS DTE Energy only has an estimated 1,500 electrical workers, and Consumers Power only has
an estimated 500 electrical line workers;
WHEREAS the rapid retirement of America’s skilled trade workforce in the energy sector is a critical
quality of life issue for the nation; and
WHEREAS the 78 million individuals born between 1946 and 1964 who comprise the “Baby Boom
Generation” comprise about 45% of the overall American workforce, but close to 70% of the skilled
energy trades workforce; and
WHEREAS an estimated 40% of Michigan’s line worker labor force will approach retirement within 3 to 5
years from now; and
WHEREAS the most recent Energy Policy Act Report to Congress estimated that there is a national
shortage of line workers of 10,000 people and stated that the shortage of qualified potential employees
could limit the nation’s ability to maintain and or increase electricity supply, potentially impacting the
economic and national security of the United States; and
WHEREAS by staking out a leadership position as America’s leader in pre-apprentice and energy skilled
trades training, Michigan sets the stage to make a compelling case for federal funding to assist in
addressing the national electric line worker labor shortage and creating skilled trade opportunities to re-
train a highly skilled unemployed Michigan workforce and create thousands of new high wage jobs.
NOW THEREFORE BE IT RESOLVED that the Oakland County Commission hereby endorses the
establishment of an Energy Trades Institute through a public-private-organized labor partnership between
the State of Michigan, Michigan’s electric utility industry, and the International Brotherhood of Electrical
Workers in order to aggressively establish Michigan as a national training ground for not only electrical
line workers, but all of the emerging energy trades.
BE IT FURTHER RESOLVED that the Oakland County Commission urges the State Legislature to
appropriate unused job training dollars in the current fiscal year and a targeted investment in the 2008-
2009 budget year in order to support the creation of an Energy Trades Institute.
Commissioners Minutes Continued. September 18, 2008
800
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests the
Oakland County Clerk to forward copies of this adopted resolution to Governor Jennifer Granholm,
members of the Oakland County delegation to the Michigan legislature, the Michigan Association of
Counties, DTE Energy, Consumers Power, the International Brotherhood of Electrical Workers and
Oakland County's legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
TIM GREIMEL, KAREN SPECTOR, DAVID
WOODWARD, JIM NASH, VINCENT
GREGORY, DAVID COULTER, ERIC
COLEMAN
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #08205
BY: Commissioners Karen Spector, Bradford C. Jacobsen
IN RE: BOARD OF COMMISSIONERS – PROCLAIMING SEPTEMBER 2008 AS NATIONAL
ALCOHOL AND DRUG ADDICTION RECOVERY MONTH IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in the United States, 22.2 million people have faced a substance use disorder in the past
year, and all deserve to experience the many benefits of recovery; and
WHEREAS treatment reduces reported job problems, including incomplete work and absenteeism, by an
average of 75 percent; and
WHEREAS treatment is cost effective, with some measurements showing a benefit-to-cost ratio of up to
7:1, with substance use disorder treatment costing $1,583 per person, therefore saving taxpayers nearly
$11,487 for each person treated; and
WHEREAS we must recognize the financial savings associated with treatment services, and ensure that
such services are readily available to those who need assistance; and
WHEREAS the high cost and lack of insurance presents obstacles to those who need access to
treatment facilities and want to re-establish their place in the community; and
WHEREAS it is critical that we educate our community members and local businesses that substance use
disorders are treatable, yet serious, health care problems. By taking steps to address this issue, as well
as, providing support for the families and children of those with these disorders, we can save both lives
and dollars; and
WHEREAS to help achieve this goal, the U.S. Department of Health and Human Services, the Substance
Abuse and Mental health Services Administration, the White House Office of National Drug Control
Policy, and the Oakland County Health Division – Office of Substance Abuse Services invite all residents
of Oakland county to participate in National Alcohol and Drug Addiction Recovery Month.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, by virtue of the
authority vested by the laws of Oakland County, Michigan, do hereby proclaim the month of September
2008 as National Alcohol and Drug Addiction Recovery Month in Oakland County, Michigan, and
encourage citizens to observe this month with appropriate programs, activities and ceremonies that
support this year’s theme, “Join the Voices for Recovery: Real People, Real Recovery.”
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland county Office of Substance Abuse Services.
Chairperson, we move the adoption of the foregoing resolution.
KAREN SPECTOR, BRADFORD JACOBSEN,
DAVID COULTER, ERIC COLEMAN, HELAINE
ZACK, MATTIE HATCHETT, VINCENT
GREGORY, TIM BURNS, MARCIA
GERSHENSON, DAVID WOODWARD, JIM
NASH, GLENN CLARK, JEFF POTTER, TOM
MIDDLETON, JOHN SCOTT, ROBERT
GOSSELIN, MIKE ROGERS, EILEEN KOWALL,
Commissioners Minutes Continued. September 18, 2008
801
HUGH CRAWFORD, BILL BULLARD, EILEEN
KOWALL, DAVID POTTS, TIM GREIMEL
Moved by Spector supported by Coleman to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #08205 – BOARD OF COMMISSIONERS – PROCLAIMING SEPTEMBER 2008 AS
NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH IN OAKLAND COUNTY.
Vote on motion to suspend the rules:
AYES: Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard, Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson,
Gingell, Gosselin, Gregory, Greimel. (25)
NAYS: (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #08205 – BOARD OF COMMISSIONERS – PROCLAIMING
SEPTEMBER 2008 AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH IN
OAKLAND COUNTY carried.
Moved by Spector supported by Coleman the resolution be adopted.
AYES: Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard, Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson,
Gingell, Gosselin, Gregory, Greimel, Hatchett. (25)
NAYS: (0)
A sufficient majority having voted in favor, the resolution was adopted.
Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Fiscal
Year 2009 General Appropriations Act. Is there anyone present who wishes to speak?” No one
requested to speak and the Chairperson declared the Public Hearing closed.
The Chairperson called a brief recess at 12:00 p.m.
The Board of Commissioners reconvened at 12:54 p.m.
Roll called.
PRESENT: Bullard, Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell,
Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts,
Rogers, Scott, Spector, Woodward, Zack. (25)
EXCUSED ABSENCE WITH NOTICE: None. (0)
Quorum present.
REPORT (MISC. #08206)
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: RECOMMENDED FISCAL YEAR 2009 SALARY RECOMMENDATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee recommends the following actions:
1. Increase the current salary ranges for salary grades 1 - 21 by a general salary increase of 1%
effective September 27, 2008. This date is the beginning of the first pay period for fiscal year
2009.
2. Increase all remaining classifications not represented by bargaining units by a general salary
increase of 1% effective September 27, 2008, including appointed officials, classes designated as
Commissioners Minutes Continued. September 18, 2008
802
exceptions to salary grades 1 - 21, and part-time/hourly classes, but excluding:
Circuit, Probate and District Court Judges which are currently at the maximum rate allowed;
and
Appointed Board and Commission members; and
Summer, Student and Seasonal classifications; and
Parks Helper classification.
3. Increase the Fiscal Year 2008 salary of the County Executive, Prosecuting Attorney, County
Clerk/Register of Deeds, Drain Commissioner, Sheriff and County Treasurer by 0% effective
September 27, 2008.
4. Freeze the current 2008 salary of the County Commissioners for 2009. Effective January 1, 2009.
Freeze the County Commissioners 2010 salary rate at the 2008 salary rate for Fiscal Year 2010
effective January 1, 2010.
5. Delete the following classifications from the County’s Salary Schedule:
Activities Coordinator-MCF
Chief Microfilm/Reproduction Services
Chief Nursing Services
Coordinator Nursing
Day Room Assistant
Day Room Assistant Leader
Hearing Program Specialist
Manager Medical Care Facility
Manager Solid Waste Resource Management
Nursing Assistant
Personal Protection Order Specialist
Summer Medical Care Facility Aide
Supervisor-MCF Administrative Services
6. Further that no transfer of monies is required to fund these salary increases since sufficient
monies have been budgeted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
COUNTY OF OAKLAND
FISCAL YEAR 2009 BUDGET
GENERAL APPROPRIATIONS ACT
MISCELLANEOUS RESOLUTION #08206
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: FISCAL YEAR 2009 GENERAL APPROPRIATIONS ACT AND 2009 COUNTY GENERAL
PROPERTY TAX RATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Public Act 139 of 1973, the Unified Form of County
Government Act, and Public Act 621 of 1978 (as amended by P.A. 493 of 2000), the Uniform Budgeting
and Accounting Act for Local Government, it is the responsibility of the Oakland County Board of
Commissioners to establish and adopt the annual County Budget and work program; and
WHEREAS the Finance Committee received budget requests from all County Departments, and has
reviewed in detail the County Executive's Fiscal Year 2009 Budget Recommendation; and
WHEREAS the Finance Committee, after due deliberation, has formulated a Recommended General
Appropriations Act balancing total appropriations with available resources at $789,953,451 for Fiscal Year
2009, a summary of which was included in the Notice of Public Hearing published in newspapers of
general circulation; and
WHEREAS the further intent of this resolution is to maintain a budgetary system for the County of
Oakland on the same basis of accounting (generally accepted accounting principles) as the actual
financial information is maintained; to define the powers and duties of the County's officers in relation to
that system; to designate the Chief Administrative Officer and Fiscal Officer; and to provide that the Board
of Commissioners and committees thereof, as well as the Fiscal Officer, shall be furnished with
Commissioners Minutes Continued. September 18, 2008
803
information by the departments, boards, commissions and offices relating to their financial needs,
revenues and expenditures/expenses, and general affairs; to prescribe a disbursement procedure, to
provide for an allotment system; and to provide remedies for refusal or neglect to comply with the
requirements of this resolution; and
WHEREAS the Circuit Court Mediation Fund (Miscellaneous Resolution #90177) is used to cover the
total cost of Attorney Mediators, with the balance to be used for enhancement of Court operations as
requested by the Court and approved by the Board of Commissioners; and
WHEREAS the Board of Commissioners supports the concept of cultural diversity training for Oakland
County employees and requires all supervisory, division manager and director level employees to attend
cultural diversity training; and
WHEREAS in order to maintain the long-term financial stability of Oakland County, and its communities, a
Capital and Cooperative Initiatives Revolving Fund (CCIRF) should be established with funding from the
Revenue Sharing Reserve fund, to support various initiatives as outlined in this resolution.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners does hereby adopt
and amend the Fiscal Year 2009 General Appropriations Act recommended by the Finance Committee as
advertised and placed in the Clerk's Office for public inspection.
BE IT FURTHER RESOLVED that $540,000 of Cigarette Tax Revenue distributed by the State to
Oakland County under the authority of the Health and Safety Fund Act, P.A. 264 of 1987, be divided
between the Health Division (12/17 or $381,176) and the Sheriff's Department (5/17 or $158,824).
BE IT FURTHER RESOLVED that funds from the Civil Mediation Account (10100-240201) be utilized to
cover the total costs incurred in Fiscal Year 2009 for the Civil Mediation Program.
BE IT FURTHER RESOLVED that appropriations to the Tri-Party Program may be permitted in
accordance with Public Act 253 of 1917, MCL 247.121, in an amount to be determined on an annual
basis in accordance with said act.
BE IT FURTHER RESOLVED that the following policy be established regarding administration of the
Delinquent Tax Revolving Fund:
1. The Delinquent Tax Revolving Fund (DTRF) was established in accordance with the provisions of
Public Act 206 of 1893 (as amended) for the purpose of paying local taxing units within the
County their respective shares of delinquent ad valorem real property taxes, in anticipation of the
collection of those taxes by the County Treasurer. This policy statement, which encompasses the
precept of self-funding, ensures that utilization of unrestricted DTRF funds does not impair the
functional intent or operational success of the DTRF as originally established.
2. To that end, at no time shall funds be diverted from the DTRF that would cause the unrestricted
balance to fall below a level that would assure a prompt payment of all current and future
outstanding General Obligation Limited Tax Notes, as well as assure the continued operation of
the DTRF as specified in the preceding paragraph.
3. Penalties and investment interest generated by the DTRF may be transferred, in whole or in part,
to the General Fund of the County upon majority vote of the Board of Commissioners so long as
such transfer(s) meets the provisions of paragraph #2 above.
4. Any and all appropriations from unrestricted DTRF funds, excepting penalties and investment
interest, shall be limited to one-time expenditures, as opposed to recurring operations.
5. Unless otherwise specified, appropriations from the DTRF shall be considered long- or short-term
advances (with specific time frames detailed in the authorizing resolution), to be repaid with
interest as specified below.
6. Any appropriations from unrestricted DTRF funds, excepting penalties and investment interest,
not considered advances to be repaid within a time certain shall require a two-thirds majority vote
of the Board of Commissioners.
7. All appropriations from unrestricted DTRF funds considered to be advances to be repaid within a
time certain shall require a majority vote of the Board of Commissioners.
8. Terms and conditions of any and all advances from the DTRF shall be specified in the authorizing
resolution, including interest obligations detailed as follows:
a. Interest on each payment will be based on the average monthly rate paid during the term of
the agreement by the agent of the DTRF for that year's outstanding borrowing, or
b. In the event no borrowing occurs for the DTRF, principal and interest payments will be made
in accordance with the previously established "Loan of County Funds Policy" (Miscellaneous
Resolution #89276) which requires Board approval of repayment terms at an interest rate no
Commissioners Minutes Continued. September 18, 2008
804
less than the prevailing six-month Treasury Bill rate and that such rates shall be computed
and compounded quarterly.
BE IT FURTHER RESOLVED that $13.1 million in DTRF interest earnings will be transferred to the
General Fund to support General Fund/General Purpose activities.
BE IT FURTHER RESOLVED that an indirect cost charge will be billed by the General Fund to the DTRF,
in accordance with Oakland County’s approved Central Services Indirect Cost Allocation Plan.
BE IT FURTHER RESOLVED that a Capital and Cooperative Initiatives Revolving Fund (CCIRF) be
established with the following policy guidelines:
1. The fund is budgeted as a special revenue fund, deriving its funding from a transfer from the
Revenue Sharing Reserve Fund (established pursuant to P.A. 357 of 2004).
2. Interest earned for investments of CCIRF monies will remain in the CCIRF.
3. CCIRF funds will be used to:
a) Support the County’s capital improvement projects;
b) Support of initiatives that impact the services provided to Oakland County residents
through the County government and the various cities, villages, and townships within the
County.
4. Use of CCIRF funds which are appropriated through the biennial budget process, shall comply
with the standing rules of the Board of Commissioners and will be released upon the approval of
the Fiscal Officer and reported to the Finance Committee.
5. Use of CCIRF Funds, not appropriated during the biennial budget process, will be limited to one-
time expenditures and require approval of a majority vote of the Board of Commissioners.
BE IT FURTHER RESOLVED that $1,450,000 (or one-half of the $2,900,000 convention facility tax
revenues distributed by the State to Oakland County under the authority of the State Convention Facility
Development Act, P.A. 106 of 1985, be earmarked for substance abuse programs.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in accordance with the
requirements of Public Act 214 of 1899, as amended, authorizes that .0004 mills Current Property Tax
Levy be designated for the purpose of funding Veterans' Services Soldier Relief.
BE IT FURTHER RESOLVED that each Supervisor of the various townships and Assessing Officers of
the several cities of Oakland County are authorized and directed to spread on their respective township of
city tax rolls for the year 2009 a County General Property Tax Levy of 4.1900 Mills to be applied to the
2009 Taxable Value of all property located within their respective jurisdictions.
BE IT FURTHER RESOLVED that the Manager - Equalization perform the function of Equalization
Director including the examination of the assessment rolls of the several townships and cities within
Oakland County to ascertain whether the real and personal property in the respective townships and
cities has been equally and uniformly assessed at 50% of true cash value and to make recommendation
to that fact to the County Board of Commissioners.
BE IT FURTHER RESOLVED that:
1. The County Executive is hereby designated the Chief Administrative Officer of the County of
Oakland and, further, that the Director of Management and Budget and/or Deputy Director of
Management and Budget shall perform the duties of the Fiscal Officer as specified in this
resolution.
2. The Fiscal Officer shall provide an orientation session and written instructions for preparing
department budget requests. These instructions shall include information that the Fiscal Officer
determines to be useful and necessary to assure that the budgetary estimates of the agencies
are prepared in a consistent manner and the needs of the Board of Commissioners and
Committees are met.
3. Any offices, departments, commissions and boards of the County of Oakland financed in whole or
in part by the County of Oakland shall transmit to the Fiscal Officer their estimates of the amounts
of money required for each activity in their respective agencies, as well as their estimate of
revenues that will be generated from charges for services. They shall also submit any other
information deemed relevant by the Fiscal Officer and/or the Board of Commissioners and
committees thereof.
4. The Fiscal Officer shall prescribe forms to be used by the offices, departments, commissions and
boards of the County of Oakland in submitting their budget estimates and shall prescribe the rules
and regulations the Fiscal Officer deems necessary for the guidance of officials in preparing such
budget estimates. The Fiscal Officer may require that the estimates be calculated on the basis of
Commissioners Minutes Continued. September 18, 2008
805
various assumptions regarding level of service. The Fiscal Officer may also require a statement
for any proposed expenditure and a justification of the services financed.
5. The Fiscal Officer shall prepare estimates of revenue for each budgeted fund, classified to show
in detail the amount expected to be received from each source. Estimates of expenditures and
revenues shall also be classified by character, object, function and activity consistent with the
accounting system classification.
6. The Fiscal Officer shall review the agency estimates with a representative from each agency of
the County of Oakland that has submitted such estimates. The purpose of the review shall be to
clarify the estimates, ensure the accuracy, and to determine their adherence to the policies
previously enumerated by the Fiscal Officer and the Board of Commissioners or committees
thereof as herein required.
7. The Fiscal Officer shall consolidate the estimates received from the various agencies together
with the amounts of expected revenues and shall make recommendations relating to those
estimates which shall assure that the total of estimated expenditures including an accrued deficit
does not exceed the total of expected revenues including an unappropriated surplus.
8. The recommended budget shall include at least the following:
(a) Expenditure data for the most recently completed fiscal year and estimated expenditures,
or amended budget, for the current fiscal year,
(b) An estimate of the expenditure amounts required to conduct, the government of Oakland
County, including its budgetary centers,
(c) Revenue data for the most recently completed fiscal year and estimated revenues, or
amended budget, for the current fiscal year,
(d) An estimate of revenues, by source, to be raised or received by Oakland County in the
ensuing fiscal years,
(e) The amount of surplus or deficit from prior fiscal years, together with an estimate of the
amount of surplus or deficit expected in the current fiscal year,
(f) An estimate of the amount needed for deficiency, contingent or emergency purposes and
the amounts needed to pay and discharge the principal and interest of the debt of
Oakland County due in the ensuing fiscal years,
(g) The amount of proposed capital outlay expenditures, except those financed by
enterprise, capital projects, or internal service funds, including the estimated total costs
and proposed method of financing of each capital construction project and the projected
additional annual operating cost and the method of financing the operating costs of each
capital construction project for three (3) years beyond the fiscal year covered by the
budget,
(h) An informational summary of projected revenues and expenditures/expenses of any
capital projects, internal service, and enterprise funds,
(i) A comparison of the revenue and expenditure amounts in the recommended budget to
the most recently approved budget adopted by the Board of Commissioners with
appropriate explanation of the variances,
(j) Any other data relating to fiscal conditions that the Fiscal Officer or the Board of
Commissioners or committees thereof consider to be useful in evaluating the financial
needs of the County.
9. Not less than ninety (90) days before the next succeeding fiscal year, the County Executive shall
transmit the recommended budget to the County Board of Commissioners. The recommended
budget shall be accompanied by:
(a) A proposed general appropriations measure, consistent with the budget, which shall set
forth the anticipated revenue and requested expenditure/expense authority in such form
and in such detail deemed appropriate by the Board of Commissioners or committees
thereof. No appropriations measure shall be submitted to the Board of Commissioners
in, which estimated total expenditures/expenses, including an accrued deficit, exceed
estimated total revenues, including an available surplus.
(b) A budget message which shall explain the reasons for increases or decreases in
budgeted items compared with the current fiscal year, the policy of the County Executive
as it relates to important budgetary items, and any other information that the County
Executive determines to be useful to the Board of Commissioners in its consideration of
Commissioners Minutes Continued. September 18, 2008
806
proposed appropriations.
(c) A comparison of the recommended budget to the most recently approved current year
budget, together with an analysis and explanation of the variances therefrom, such
variances being divided to show the portion attributable to the current year budget
amendments and the portion resulting from the recommended budget.
10. The County Board of Commissioners, or any committee thereof, may direct the County Executive
and/or other elected officials to submit any additional information it deems relevant in its
consideration of the budget and proposed appropriations measure. The Board of Commissioners
or the committees thereof may conduct budgetary reviews with the Fiscal Officer, and/or County
departments and divisions or agencies, etc., for the purpose of clarification or justification of
proposed budgetary items.
11. The County Board of Commissioners may revise, alter, or substitute for the proposed general
appropriations measure in any way, except that it may not change it in a way that would cause
total appropriations, including an accrued deficit, to exceed total estimated revenues, including an
unappropriated surplus. An accrued deficit shall be the first item to be resolved in the general
appropriations measure.
12. The County Board of Commissioners shall fix the time and place of a public hearing to be held on
the budget and proposed appropriations measure. The Clerk/Register shall then have published,
in a newspaper of general circulation within the County of Oakland, notice of the hearing and an
indication of the place at which the budget and proposed appropriations measure may be
inspected by the public. This notice must be published at least seven days before the date of the
hearing.
13. No later than September 30, the Board of Commissioners shall pass a general appropriations
measure providing the authority to make expenditures and incur obligations on behalf of the
County of Oakland. The supporting budgetary data to the general appropriations measure shall
include at least the following:
(a) Expenditure data for the most recently completed fiscal year,
(b) The expenditures budget as originally adopted by the Board of Commissioners for the
current fiscal year,
(c) The amended current year appropriations,
(d) An estimate of the expenditure amounts required to conduct, the government of Oakland
County, including its budgetary centers,
(e) Revenue data for the most recently completed fiscal year and estimated revenues, or
amended budget, for the current fiscal year,
(f) Budgeted revenue estimates as originally adopted by the Board of Commissioners for the
current fiscal year,
(g) The amended current year Budgeted revenues,
(h) An estimate of revenues, by source, to be raised or received by Oakland County in the
ensuing fiscal year,
(i) The amount of surplus or deficit from prior fiscal years, together with an estimate of the
amount of surplus or deficit expected in the current fiscal year,
(j) An estimate of the amount needed for deficiency, contingent on emergency purposes,
and the amounts needed to pay and to discharge the principal and interest of the debt of
Oakland County due in the ensuing fiscal year,
(k) The amount of proposed capital outlay expenditures, except those financed by
enterprise, capital project, or internal service funds, including the estimated total costs
and proposed method of financing of each capital construction project and the projected
additional annual operating cost and the method of financing the operating costs of each
capital construction project for three (3) years beyond the fiscal year covered by the
budget,
(l) An informational summary of projected revenues and expenditures/expenses of capital
projects, internal service, and enterprise funds,
(m) Any other data relating to fiscal conditions that the Board of Commissioners considers to
be useful in considering the financial needs of the County,
(n) Printed copies of the Board of Commissioners Adopted Budget, Financial Plan or any
facsimile thereof shall contain all of the above data unless otherwise approved by the
Commissioners Minutes Continued. September 18, 2008
807
Board of Commissioners,
14. The Board of Commissioners may authorize transfers between appropriation items by the County
Executive or Fiscal Officer within limits stated in the appropriations measure. In no case,
however, may such limits exceed those provided for in paragraph #22 and #23 of this resolution.
15. A deviation from the original general appropriations measure shall not be made without first
amending the general appropriations measure through action by the Board of Commissioners,
except within those limits provided for in paragraph #16 of this resolution.
16. Appropriations accumulated at the following three summary levels of expenditure within each
County Department will be deemed maximum authorization to incur expenditures: Personnel
Expenditures, Operating Expenditures, and Internal Support Expenditures. The County Executive
or the Fiscal Officer shall exercise supervision and control of all budgeted expenditures within
these limits, holding expenditures below individual line-item appropriations or allowing overruns in
individual line-items providing that at no time shall the net expenditures exceed the total
appropriation for Personnel and Operating Expenses, respectively, for each department as
originally authorized or amended by the Board of Commissioners. Further, Personnel Expenses
are authorized only for positions specifically authorized pursuant to this Act as adopted and
amended by Board of Commissioner resolution, and appropriated overtime, holiday overtime, on-
call pay, shift premium summer help, emergency salaries, and any adjustments required by
collective bargaining agreements. The Fiscal Officer shall submit to the Finance Committee a
quarterly listing of new governmental funded appropriations and internal service fund line items
created administratively which were not properly classifiable. Line-item detail, division, unit or
cost center detail and allotments, which provide a monthly calendarization of annual
appropriations, as deemed necessary by the Fiscal Officer shall be maintained and utilized as an
administrative tool for management information and cost control. The Fiscal Officer shall not
approve any expenditure beyond that necessary to accomplish stated program or work objectives
authorized in the general appropriation measure as originally approved unless amended, in which
case the amendment takes precedence.
17. In order to amend the General Appropriations Act the amendment must specifically identify the
fund, department, division, unit, program and account affected by the amendment. Additionally, if
the amendment increases an appropriation, the source of funding for that additional
appropriation, whether an increase in revenue or an offsetting decrease in expenditure, must be
presented as part of the amendment.
18. The Fiscal Officer shall maintain, for all budgeted funds, appropriation ledger accounts in which
are to be recorded such expenditure encumbrances and obligations for the future payment of
appropriated funds as the Fiscal Officer may approve.
19. Each purchase order, voucher or contract of Oakland County shall specify the funds and
appropriation designated by number assigned in the accounting system classification from which
it is payable and shall be paid from no other fund or appropriation. The necessary amount of the
appropriation from such account shall be transferred pursuant to the provisions of this resolution
to the appropriate general appropriation account and the expenditure then charged thereto.
20. No obligation shall be incurred against, and no payment shall be made from, any appropriation
account unless there is a sufficient unencumbered balance in the appropriation and sufficient
funds are or will be available to meet the obligation. All capital projects funded from the Capital
Improvement Fund shall require approval of the Board of Commissioners on recommendation of
the appropriate liaison committee (Planning and Building Committee) prior to initiation of the
project. Any obligation incurred or payment authorized in violation of this resolution shall be void
and any payment so made illegal except those otherwise ordered by court judgment or decree.
21. The Fiscal Officer, after the end of each quarter, shall transmit to the Board of Commissioners a
report depicting the financial condition of budgeted operations, including, but not limited to:
(a) A forecast of actual revenues by major source compared with budgeted revenues
accompanied by an explanation of any significant variances,
(b) A forecast of actual expenditures and encumbrances by department compared with
authorized appropriations accompanied by an explanation of any significant variances,
and
(c) A forecast of actual expenditures, encumbrances and transfers from each of the several
non-departmental appropriations accounts compared with authorized appropriations
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accompanied by an explanation of any significant variances.
22. Direct expenditure and/or transfers of any unencumbered balance or any portion thereof in any
appropriation for transfer account to any other appropriations account may not be made without
amendment of the general appropriation measure as provided for in this resolution, except that
transfers within and between budgeted funds and departments may be made by the Fiscal Officer
in the following instances:
(a) Transfers may be made from the non-departmental overtime account and fringe benefit
adjustment account to the appropriate departmental budget as specific overtime requests
are reviewed and approved by the Fiscal Services Division. Additionally, overtime
appropriations may be transferred between divisions within a department at the request
of the Department Head, if authorized by the Fiscal Officer or his designee.
(b) Transfers may be made from the non-departmental appropriation accounts for
Maintenance Department Charges and Miscellaneous Capital Outlay to the appropriate
departmental budget as specific requests for these items are reviewed and approved by
the Fiscal Officer.
(c) Transfers may be made from the non-departmental appropriation accounts Emergency
Salaries and Summer Help as specific requests for these items are reviewed and
approved by the Human Resources Department.
(d) Transfers may be made from salary and fringe benefit savings, resulting from use of Merit
System Administrative Leave without Pay provisions, from departmental budgets to a
non-departmental Administrative Leave account. Quarterly reports identifying such
transfers and detailing the status of the non-departmental Administrative Leave account
shall be provided to the appropriate Board committees.
(e) Fringe benefit rates shall be established annually in the budget process to charge all
General Fund/General Purpose, Special Revenue and Proprietary funds for actual
employer fringe benefit costs. Such rates shall be sufficient to meet all fringe benefit
costs including sick leave and annual leave accumulations, tuition reimbursement,
employee training, retirees' medical, required debt service on the Intermediate Retiree
Medical Benefit Trust established pursuant to Miscellaneous Resolution #07147, and
retirement administration. All funds collected for Retirement, Tuition Reimbursement,
Social Security (FICA), Medical for active and retired employees, Disability, Dental,
Optical, and Life and Accident Insurance shall be transferred to the Employee Fringe
Benefit Fund as established by Miscellaneous Resolution #81-312. Sufficient funds shall
be maintained in the Employee Fringe Benefit Fund liability account for sick leave and
annual leave to cover the accumulated liability at an amount equal to 50% of the sick
leave accumulation and 100% of the annual leave accumulation, including applicable
Social Security (FICA) taxes thereon. All funds collected by Workers' Compensation and
Unemployment Compensation shall be transferred to the Fringe Benefit Fund as
established by Miscellaneous Resolution #81-012 and modified by Miscellaneous
Resolution #96-024.
(f) The transfer of funds to the Capital Improvement Fund and Building Fund shall not be
made prior to September 30, without approval from the Finance Committee of the Board
of Commissioners.
(g) Transfers (advances) may be made as necessary from the Drain Revolving Fund to Drain
Construction Funds and Drain Maintenance Funds as short term advances for costs
incurred such as preliminary engineering fees and ongoing maintenance costs. Costs
incurred by Drain Maintenance Funds and Drain Construction Funds will be repaid by the
Drain Fund through assessments. Specific requests will be reviewed and approved by
the Fiscal Officer.
(h) A transfer of any or all of the appropriation allocated under the Non-Departmental
account for Legislative Expense (#10100-9090101-196030-731080) shall not be made to
any departmental budget without adoption of an Oakland County Board of
Commissioners resolution.
23. The Board of Commissioners may make supplemental appropriations by amending this general
appropriations measure as provided by this resolution, provided that revenues in excess of those
anticipated in the original general appropriations measure become available due to:
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(a) An unobligated surplus from prior years becoming available;
(b) Current year revenue exceeding original estimate in amounts sufficient enough to finance
increased appropriations. The Board of Commissioners may make a supplemental
appropriation by increasing the dollar amount of an appropriation item in the original
general appropriations measure or by adding additional items. At the same time the
estimated amount from the source of revenue to which the increase in revenue may be
attributed shall be increased, or other source and amount added in a sum sufficient to
equal the supplemental expenditure amount. In no case may such appropriations cause
total estimated expenditures, including an accrued deficit, to exceed total estimated
revenues, including an unappropriated surplus.
24. Whenever it appears to the County Executive or the Board of Commissioners that actual and
probable revenues in any fund will be less than the estimated revenues upon which
appropriations from such fund were based, the County Executive shall present to the Board of
Commissioners recommendations which, if adopted, will prevent expenditures from exceeding
available revenues for the current fiscal year. Such recommendations shall include proposals for
reducing appropriations, increasing revenues, or both. After receiving the recommendations of
the County Executive for bringing appropriations into balance with estimated revenues, the Board
of Commissioners shall amend the general appropriations measure to reduce appropriations or
shall approve such measures necessary to provide revenues sufficient to equal appropriations, or
both.
25. All appropriations are annual and the unexpended portion shall lapse at year-end.
Encumbrances and appropriations carried forward shall be recorded as a designated fund
balance, and the subsequent year's budget amended to provide authority to complete these
transactions. Appropriations shall not be carried forward for more than six (6) months into the
budget year following the year in which they were originally appropriated. A status report on
Appropriations Carried Forward, as required by Miscellaneous Resolution #93-156, will be
incorporated as an integral part of the ensuing year's Second Quarter Financial Forecast for the
purposes of determining their continuation for the remainder of the year. The recommended
year-end budget amendment shall be supported with a statement of revenues and expenditures
and operating surplus or deficit which shall contain the following data: (1) budget as adopted; (2)
budget amendments; (3) budget as adjusted; (4) revenues and expenditures, operating surplus or
deficit; (5) accrued revenue and expenditures; (6) transfers; (7) total revenues and expenditures
and transfers, operating surplus or deficit, including accruals and transfers; (8) encumbrances; (9)
appropriations carried forward; (10) total revenues and appropriations utilized, operating surplus
or deficit, including encumbrances and appropriations carried forward; (11) balance of revenues
not collected, unencumbered appropriation balance, operating surplus or deficit; (12) detail of
adjustments to designated and undesignated fund balance, detail of adjustment to reserves
and/or any other utilization of surplus; (13) final surplus or deficit or undesignated fund balance
carried forward to the subsequent year's budget.
26. A member of the Board of Commissioners, the County Executive, any elected officer, the Fiscal
Officer, any other administrative officer or employee of Oakland County shall not: (1) create a
debt, incur a financial obligation on behalf of the County against an appropriation account in
excess of the amount authorized, (2) apply or divert money of the County for purposes
inconsistent with those specified in this general appropriations measure as approved and
amended by the Board of Commissioners, nor (3) forgive a debt or write off an account receivable
without appropriate authorization of the Board of Commissioners, as described in Miscellaneous
Resolution #93-135. Specifically, application of the foregoing Bad Debt Write Off Policy shall be
invoked for all amounts in excess of $1,000; transactions of a lesser amount shall be considered
within the administrative authority of the Fiscal Officer. Furthermore, the Fiscal Services Division
must submit to the Board of Commissioners, as part of the quarterly financial report, a listing of all
bad debt write offs occurring during the preceding three months. In addition, transactions relating
to Inmate Prisoner Billings which are billed in excess of ability to pay, as determined by the Fiscal
Services Division, are hereby authorized to be adjusted in accordance with Public Act 212 of
1994 with the resultant amount of the write-off subsequently reported to the Board of
Commissioners as part of the Quarterly Financial Report. Also, within the administrative authority
of the Fiscal Officer and with the general approval of the Court, Circuit Court and Probate Court
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financial orders for $2,500 or less may be reduced and amended by the Fiscal Services Division
based on an individual’s ability to pay. Waiver of fees in excess of $2,500 shall require the
approval of the Court. Except as otherwise stated in the General Appropriations Act, funds shall
not be expended without specific appropriation or other appropriate action by the Board of
Commissioners from reserved, designated or undesignated fund equity; from balance sheet
accounts for the purchase of fixed assets not cited in paragraph 26 of the General Appropriations
Act, non-routine prepaid items or non-routine obligations related to a specific appropriation; or
from funds not budgeted.
27. All Internal Service Fund budgets that have depreciable assets shall have a capital budget with
detail supporting the amount of annual depreciation therein included, as well as a fiscal plan for
replacing, upgrading or disposing of those assets.
28. The budgetary system shall be maintained on the same basis of accounting (generally accepted
accounting principles) as the actual financial information is maintained.
29. Any violation of the general appropriations measure by the County Executive, the Fiscal Officer,
any administrative officer, employee or member of the Board of Commissioners detected through
application of generally accepted accounting procedures utilized by Oakland County or disclosed
in an audit of the financial records and accounts of the County shall be filed with the State
Treasurer and reported by the State Treasurer to the Attorney General. Pursuant to Public Act
621 of 1978, the Uniform Budgeting Act, the Attorney General shall review the report and initiate
appropriate action against the person or persons in violation. For use and benefit of the County
of Oakland, the Attorney General or Prosecuting Attorney may institute a civil and/or criminal
action in a court of competent jurisdiction for the recovery of County funds disclosed by an
examination to have been illegally expended or collected as a result of malfeasance, and for the
recovery of public property disclosed to have been converted or misappropriated.
30. The provisions of this act shall be applied to the General Fund and all Special Revenue and
Proprietary Funds of the County, including Enterprise Funds and Internal Service Funds.
BE IT FURTHER RESOLVED that as a condition of appropriation to a Community Mental Health
Authority, the Community Mental Health Authority shall submit to an annual performance audit by an
entity to be selected by the Board of Commissioners with the parameters of said annual performance
audit to be determined by the County’s Audit Committee.
BE IT FURTHER RESOLVED that the Board of Commissioners supports the Sheriff’s Boot Camp
program and is committed to working with the Sheriff to reinstate the program, increase participation and
find future funding for the program.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution which
embodies the Fiscal Year 2009 General Appropriations Act as detailed in the Fiscal Year 2009 Budget
document, including subsequent amendments.
FINANCE COMMITTEE
Moved by Rogers supported by Middleton the resolution be adopted.
Moved by Rogers supported by Middleton the Personnel Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Douglas supported by Scott the resolution be amended as follows:
Freeze the County Commissioners 2009 salary rate at the 2008 salary rate effective January 1,
2009.
Freeze the County Commissioners 2010 salary rate at the 2008 salary rate effective January 1,
2010.
This amendment affects fund 10100, department 5010101, program 180020, and account
702010 as outlined in the attachment.
Moved by Greimel supported by Zack to amend the amendment as follows:
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811
Freeze the County Commissioners, the Oakland County Executive, Oakland County Prosecutor,
Oakland County Sheriff, Oakland County Clerk/Register of Deeds, Oakland County Treasurer,
and Oakland County Drain Commissioner 2009 salary rates at the 2008 salary rates effective
January 1, 2009.
Discussion followed.
Vote on Greimel amendment to amendment:
AYES: Nash, Spector, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Gregory,
Greimel, Hatchett. (11)
NAYS: Kowall, Long, Middleton, Potter, Potts, Rogers, Scott, Bullard, Clark, Crawford, Douglas,
Gingell, Gosselin, Jacobsen. (14)
A sufficient majority having not voted in favor, the amendment failed.
Vote on Douglas amendment:
AYES: Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard,
Burns, Clark, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Jacobsen, Kowall. (23)
NAYS: Coleman, Hatchett. (2)
A sufficient majority having voted in favor, the amendment carried.
Moved by Gershenson supported by Zack to take money for the Boot Camp currently within the Sheriff’s
budget and appropriate it specifically for the Boot Camp and to take $600,000 from Budget Transition
Fund to offset costs of overtime as a result of operating the Boot Camp.
Tim Soave, Manager of Fiscal Services, addressed the Board.
Chairperson Bill Bullard, Jr. declared a short recess to confer with Fiscal Services.
The Board of Commissioners reconvened and discussion followed.
Vote on Gershenson amendment:
AYES: Nash, Spector, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Gregory,
Greimel, Hatchett. (11)
NAYS: Middleton, Potter, Potts, Rogers, Scott, Bullard, Clark, Crawford, Douglas, Gingell,
Gosselin, Jacobsen, Kowall, Long. (14)
A sufficient majority having not voted in favor, the amendment failed.
Moved by Woodward supported by Gershenson to amend the resolution as follows:
That Oakland County no longer provide vehicles to elected officials and department
directors/management, and that any Fiscal Year 2009-2010 budget appropriations relative to
these vehicle assignments are deleted from the budget.
Vote on Woodward amendment:
AYES: Nash, Spector, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Gregory,
Greimel, Hatchett. (11)
NAYS: Potter, Potts, Rogers, Scott, Bullard, Clark, Crawford, Douglas, Gingell, Gosselin,
Jacobsen, Kowall, Long, Middleton. (14)
A sufficient majority having not voted in favor, the amendment failed.
Moved by Woodward supported by Greimel to amend the resolution as follows:
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812
That Oakland County no longer provide vehicles fuel from the Oakland County resources to
elected officials and department directors/management, and that any Fiscal Year 2009-2010
budget appropriations relative to these vehicle fuel expenditures are deleted from the budget.
Vote on Woodward amendment:
AYES: Spector, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Gregory, Greimel,
Hatchett, Nash. (11)
NAYS: Potter, Potts, Rogers, Scott, Bullard, Clark, Crawford, Douglas, Gingell, Gosselin,
Jacobsen, Kowall, Long, Middleton. (14)
A sufficient majority having not voted in favor, the amendment failed.
Vote on resolution, as amended:
AYES: Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Clark, Coleman, Coulter,
Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen,
Kowall, Long, Middleton, Nash, Potter. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
Commissioner Mike Rogers thanked Tim Soave and Laurie VanPelt of the Department of Management
and Budget for their help, support and information regarding the Budget. He also thanked County
Executive L. Brooks Patterson and the Finance Committee for their work on the budget.
The Board adjourned at 1:25 p.m. to the call of the Chair or October 2, 2008, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson