HomeMy WebLinkAboutMinutes - 2009.03.26 - 8493133
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 26, 2009
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:52 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Woodward, Zack. (24)
EXCUSED ABSENCE WITH NOTICE: Taub. (1)
Quorum present.
Invocation given by David Coulter.
Pledge of Allegiance to the Flag.
Moved by Middleton supported by Zack the minutes of the March 5, 2009 Board Meeting be approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Jacobsen supported by Coulter the agenda be approved as printed.
AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Woodward, Zack. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda was approved as printed.
Deputy County Clerk/Register of Deeds Constance Spak read a communication from Chairperson Bill
Bullard, Jr. appointing Commissioners Bradford Jacobsen and Shelley Goodman Taub to serve on the
Oakland County Substance Abuse Advisory Council for a term ending December 31, 2010. Without
objection, the appointments were confirmed.
Deputy County Clerk/Register of Deeds Constance Spak read a communication from Chairperson Bill
Bullard, Jr. appointing the following individuals to serve as members of the Community Corrections
Advisory Board for a term ending October 31, 2012: Honorable Rudy Nichols, Circuit Court;
Commissioner Helaine Zack, County Commission; Fred Mester, General Public; and Fran Anderson,
Communications Media. Without objection, the appointments were confirmed.
Commissioners Minutes Continued. March 26, 2009
134
Deputy County Clerk/Register of Deeds Constance Spak read a communication from William Bolle stating
he will continue to be a member of the CJCC, and Jim Verploeg will be his alternate. Without objection,
the communication was received for filing.
Ann M. Vaara, Executive Director of the Clinton Watershed Counsel, presented a Certificate of
Appreciation to the Water Resource Commissioner John McCulloch. Mr. McCulloch addressed the Board.
Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the
Planning and Economic Development Services’ Division Resolution Approving First Amendment to
Indenture of Trust (Straith Hospital for Special Surgery Project) – City of Southfield. Is there anyone
present who wishes to speak?” No one requested to speak and the Chairperson declared the Public
Hearing closed.
Chairperson Bill Bullard, Jr. asked for a moment of silence to honor former State Representative Aldo
Vagnozzi, D-Farmington Hills, who passed away Sunday, March 22, 2009.
Commissioners Jim Nash and Steven Schwartz, along with Chairperson Bill Bullard, Jr., presented a
Proclamation of Recognition in Memoriam of the Honorable Aldo Vagnozzi, who will be remembered for
his vibrant spirit and outstanding years of service to the people of Oakland County and the people of
Michigan.
During Public Comment, the following people addressed the Board: Fran Fowlkes, Healthy Affair; Ken
Wright, Keefe Group; Christopher Cummins, Oakland County Historical Commission; Alice Benbow; and
Richard Rondeau, M.A.D.D.
Commissioner Jacobsen presented a signed birthday card to the Board of Commissioners Administrative
Director, Larry Doyle, who addressed the Board.
Moved by Long supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted). The vote for this motion appears on page 165.
The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #09058
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: MANAGEMENT AND BUDGET/WATER RESOURCES COMMISSIONER – JOHN GARFIELD
DRAINAGE DISTRICT, REFUNDING BONDS, SERIES 2009 – FULL FAITH AND CREDIT
RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the John Garfield Drainage District previously has issued its Drain Bonds, dated October 1,
1997 (the “Prior Bonds”), in the original principal amount of $1,895,000, and this Board of Commissioners
pledged the full faith and credit of the County of Oakland for the prompt payment of the principal and
interest on the Prior Bonds; and
WHEREAS the Drainage Board for the John Garfield Drain, by resolution adopted on February 24, 2009,
authorized and provided for the issuance by the John Garfield Drainage District of its Refunding Bonds,
Series 2009 (the “Refunding Bonds”) in the aggregate principal amount of not to exceed $1,225,000 to
refund the Prior Bonds maturing in the years 2009 through 2017 except the interest due on May 1, 2009;
and
WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to
exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal
amounts, and will be subject to redemption prior to maturity as shall be determined by the Chairperson of
the Drainage Board at the time of sale; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the “County”) for the payment of the principal of
and interest on the Refunding Bonds; and
Commissioners Minutes Continued. March 26, 2009
135
WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve
debt service savings for the Village of Beverly Hills, City of Royal Oak and the City of Southfield.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended,
the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of
the County for the prompt payment of the principal of and interest on the Refunding Bonds and
agrees that, in the event the City of Royal Oak, the City of Southfield or the Village of Beverly
Hills shall fail or neglect to account to the County Treasurer of the County for the amount of any
special assessment installment and interest when due, the amount thereof shall be advanced
immediately from County funds, and the County Treasurer is directed to make such advancement
to the extent necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of
County funds all or any part of an installment and interest, it shall be the duty of the County
Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
remedies permitted or authorized by law for the reimbursement of such sums so paid.
3. The County Executive, if necessary, is authorized to file with the Department of Treasury of the
State of Michigan on behalf of the County an Application for State Treasurer’s Approval to Issue
Bonds with respect to the Refunding Bonds.
4. The County Executive is authorized to approve the circulation of a preliminary and final official
statement for the Refunding Bonds, to cause the preparation of those portions of the preliminary
and final official statement that pertain to the County, and to do all other things necessary for
compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended
(the “Rule”). The County Executive is authorized to execute and deliver such certificates and to
do all other things that are necessary to effectuate the sale and delivery of the Refunding Bonds.
5. The County Executive is hereby authorized to execute and deliver in the name and on behalf of
the County (i) a certificate of the County to comply with the requirements for a continuing
disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the “Continuing
Disclosure Certificate”). The County hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
*MISCELLANEOUS RESOLUTION #09059
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: MANAGEMENT AND BUDGET/WATER RESOURCES COMMISSIONER - RESOLUTION TO
AUTHORIZE OAKLAND COUNTY REFUNDING BONDS (CITY OF ORCHARD LAKE VILLAGE –
2009)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act
342"), the County of Oakland (the "County") has issued its Oakland County Refunding Bonds (City of
Orchard Lake Village - 1999) dated September 1, 1999 (the "Prior Bonds"), in the original principal
amount of $9,770,000. The Prior Bonds were issued to refund certain of (i) the Oakland County Sewage
Disposal Bonds (City of Orchard Lake Village System), dated as of September 1, 1990, (ii) the Oakland
County Sewage Disposal Bonds (City of Orchard Lake Village System), Series 1994, dated as of
March 1, 1994, and (iii) the Oakland County Sewage Disposal Bonds (City of Orchard Lake Village
System), Series 1994-B, dated as of March 1, 1994, that were issued by the County to defray the cost of
Commissioners Minutes Continued. March 26, 2009
136
acquiring and constructing sewage disposal system improvements pursuant to the City of Orchard Lake
Village Sanitary Sewage Collection and Disposal System Contract, dated November 1, 1989 and the City
of Orchard Lake Village Sewage Disposal System 1994 Supplemental Contract dated April 1, 1994,
between the City of Orchard Lake (the "Municipality") and the County (said contracts hereinafter referred
to as the "Contracts"); and
WHEREAS the Prior Bonds remain outstanding in the aggregate principal amount of $3,655,000, mature
in various principal amounts on November 1 in the years 2009 through 2012 and bear interest at rates per
annum that vary from 4.90% to 5.15%; and
WHEREAS Act No. 34, Public Acts of Michigan, 2001, as amended ("Act 34") authorizes the County to
refund all or any part of the outstanding Prior Bonds; and
WHEREAS the County received a request from the Municipality to refund all or part of the outstanding
Prior Bonds; and
WHEREAS it is in the best interests of the County and the Municipality that the Prior Bonds be refunded.
NOW THEREFORE BE IT RESOLVED:
1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County (the "Refunding Bonds")
aggregating the principal sum of not to exceed Three Million Eight Hundred Fifty Thousand
Dollars ($3,850,000) shall be issued and sold pursuant to the provisions of Act 34, and other
applicable statutory provisions, for the purpose of refunding all or part of the outstanding Prior
Bonds.
2. BOND DETAILS. The Refunding Bonds shall be designated Oakland County Refunding Bonds
(City of Orchard Lake Village – 2009); shall be in the principal amount and shall be dated as of
such date as shall be determined by the Oakland County Water Resources Commissioner, as
County Agency under Act 342, at the time of sale; shall be numbered from 1 upwards; shall be
fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not
exceeding the aggregate principal amount for each maturity at the option of the purchaser
thereof; shall bear interest at a rate or rates not exceeding 4% per annum to be determined upon
the sale thereof payable on such dates as shall be determined at the time of sale; and shall
mature on such dates and in such amounts as shall be determined at the time of sale.
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the Refunding
Bonds shall be payable in lawful money of the United States. Principal shall be payable upon
presentation and surrender of the bonds to the bond registrar and paying agent as they severally
mature. Interest shall be paid to the registered owner of each bond as shown on the registration
books at the close of business on the fifteenth day of the calendar month preceding the month in
which the interest payment is due. Interest shall be paid when due by check or draft drawn upon
and mailed by the bond registrar and paying agent to the registered owner at the registered
address.
4. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the aggregate
amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The
Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the book-
entry-only transfer system of DTC. In the event the County determines that it is in the best
interest of the County not to continue the book-entry system of transfer or that the interests of the
holders of the Refunding Bonds might be adversely affected if the book-entry system of transfer is
continued, the County may notify DTC and the bond registrar and paying agent, whereupon DTC
will notify the Participants of the availability through DTC of bond certificates. In such event, the
bond registrar and paying agent shall deliver, transfer and exchange bond certificates as
requested by DTC and any Participant or "beneficial owner" in appropriate amounts in
accordance with this resolution. DTC may determine to discontinue providing its services with
respect to the Refunding Bonds at any time by giving notice to the County and the bond registrar
and paying agent and discharging its responsibilities with respect thereto under applicable law or
the County may determine that DTC is incapable of discharging its duties and may so advise
DTC. In either such event, the County shall use reasonable efforts to locate another securities
depository. Under such circumstances (if there is no successor securities depository), the County
and the bond registrar and paying agent shall be obligated to deliver bond certificates in
accordance with the procedures established by this Resolution. In the event bond certificates are
Commissioners Minutes Continued. March 26, 2009
137
issued, the provisions of this Resolution shall apply to, among other things, the transfer and
exchange of such certificates and the method of payment of principal of and interest on such
certificates. Whenever DTC requests the County and the bond registrar and paying agent to do
so, the County and the bond registrar and paying agent shall cooperate with DTC in taking
appropriate action after reasonable notice to make available one or more separate certificates
evidencing the Refunding Bonds to any Participant having Refunding Bonds certified to its DTC
account or to arrange for another securities depository to maintain custody of certificates
evidencing the Refunding Bonds.
Notwithstanding any other provision of this Resolution to the contrary, so long as any Refunding
Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to
the principal of, interest on and redemption premium, if any, on such Refunding Bonds and all
notices with respect to the Refunding Bonds shall be made and given, respectively, to DTC as
provided in the Blanket Issuer Letter of Representations between the County and DTC. The
County Agency or the County Treasurer is authorized to sign the Letter of Representations on
behalf of the County, in such form as the County Agency or the County Treasurer deems
necessary or appropriate, in order to accomplish the issuance of the Refunding Bonds in
accordance with law and this Resolution.
Notwithstanding any provision of this section to the contrary, if the County Treasurer deems it to
be in the best interest of the County, the Refunding Bonds shall not initially be issued through the
book-entry-only transfer system of DTC.
5. PRIOR REDEMPTION. The Refunding Bonds shall not be subject to redemption prior to
maturity.
6. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate and enter into
an agreement with a bond registrar and paying agent for the Refunding Bonds that shall be a
bank or trust company located in the State of Michigan that is qualified to act in such capacity
under the laws of the United States of America or the State of Michigan. The Treasurer may from
time to time as required designate a similarly qualified successor bond registrar and paying
agent.
7. EXECUTION, AUTHENTICATION AND DELIVERY OF REFUNDING BONDS. The Refunding
Bonds shall be executed in the name of the County by the facsimile signatures of the Chairperson
of the Board of Commissioners and the County Clerk and authenticated by the manual signature
of an authorized representative of the bond registrar and paying agent, and the seal of the County
(or a facsimile thereof) shall be impressed or imprinted on the Refunding Bonds. After the
Refunding Bonds have been executed and authenticated, they shall be delivered by the County
Treasurer to the purchaser upon receipt of the purchase price. Additional Refunding Bonds
bearing the facsimile signatures of the Chairperson of the Board of Commissioners and the
County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or
imprinted may be delivered to the bond registrar and paying agent for authentication and delivery
in connection with the exchange or transfer of the Refunding Bonds. The bond registrar and
paying agent shall indicate on each Refunding Bond the date of its authentication.
8. EXCHANGE AND TRANSFER OF REFUNDING BONDS. Any Refunding Bond, upon surrender
thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to
the bond registrar and paying agent duly executed by the registered owner or his duly authorized
attorney, at the option of the registered owner thereof, may be exchanged for Refunding Bonds of
any other authorized denominations of the same aggregate principal amount and maturity date
and bearing the same rate of interest as the surrendered Refunding Bond.
Each Refunding Bond shall be transferable only upon the books of the County, which shall be
kept for that purpose by the bond registrar and paying agent, upon surrender of such Refunding
Bond together with a written instrument of transfer satisfactory to the bond registrar and paying
agent duly executed by the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any Refunding Bond, the bond registrar and paying agent on
behalf of the County shall cancel the surrendered Refunding Bond and shall authenticate and
deliver to the transferee a new Refunding Bond or Bonds of any authorized denomination of the
same aggregate principal amount and maturity date and bearing the same rate of interest as the
Commissioners Minutes Continued. March 26, 2009
138
surrendered Refunding Bond. If, at the time the bond registrar and paying agent authenticates
and delivers a new Refunding Bond pursuant to this section, payment of interest on the
Refunding Bonds is in default, the bond registrar and paying agent shall endorse upon the new
Refunding Bond the following: "Payment of interest on this bond is in default. The last date to
which interest has been paid is __________, ____." The County and the bond registrar and
paying agent may deem and treat the person in whose name any Refunding Bond shall be
registered upon the books of the County as the absolute owner of such Refunding Bond, whether
such Refunding Bond shall be overdue or not, for the purpose of receiving payment of the
principal of and interest on such Refunding Bond and for all other purposes, and all payments
made to any such registered owner, or upon his order, in accordance with the provisions of
Section 3 of this Resolution shall be valid and effectual to satisfy and discharge the liability upon
such Refunding Bond to the extent of the sum or sums so paid, and neither the County nor the
bond registrar and paying agent shall be affected by any notice to the contrary. The County
agrees to indemnify and save the bond registrar and paying agent harmless from and against any
and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and
without negligence hereunder, in so treating such registered owner.
For every exchange or transfer of Refunding Bonds, the County or the bond registrar and paying
agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge
required to be paid with respect to such exchange or transfer, which sum or sums shall be paid
by the person requesting such exchange or transfer as a condition precedent to the exercise of
the privilege of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or exchange Refunding
Bonds or portions of Refunding Bonds that have been selected for redemption.
9. FORM OF REFUNDING BONDS. The Refunding Bonds shall be in substantially the following
form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY REFUNDING BOND
(CITY OF ORCHARD LAKE VILLAGE – 2009)
INTEREST RATE
MATURITY DATE
DATE OF ORIGINAL ISSUE
CUSIP
Registered Owner:
Principal Amount:
The County of Oakland, State of Michigan (the "County"), acknowledges itself indebted to, and for value
received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the
Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as
hereinafter provided, upon presentation and surrender of this bond at ____________, the bond registrar
and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant
to the Resolution, and to pay to the Registered Owner as shown on the registration books at the close of
business on the 15th day of the calendar month preceding the month in which an interest payment is due,
by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail
postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount
from _____, ____, or such later date through which interest has been paid until the County's obligation
with respect to the payment of such Principal Amount is discharged, at the rate per annum specified
above. Interest is payable on the first days of May and November in each year, commencing on _____ 1,
____. Principal and interest are payable in lawful money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of __________ Thousand Dollars
($______) issued by the County under and pursuant to and in full conformity with the Constitution and
Statutes of Michigan (especially Act No. 34, Public Acts of 2001, as amended) and a resolution adopted
by the Board of Commissioners of the County (the "Resolution") and an order of the Water Resources
Commissioner of the County as County Agency for the purpose of refunding the outstanding Oakland
County Refunding Bonds (City of Orchard Lake Village - 1999), dated September 1, 1999, maturing in the
years ____ through ____. The bonds of this series are issued in anticipation of, and the principal of and
Commissioners Minutes Continued. March 26, 2009
139
interest on the bonds are payable from, moneys to be received by the County from the City of Orchard
Lake Village (the "Municipality") in payment of its obligations under certain contracts dated as of
November 1, 1989 and April 1, 1994, between the Municipality and the County. The full faith and credit of
the Municipality have been pledged for the making of such payments. As additional security for the
payment of the principal of and interest on the bonds of this series the full faith and credit of the County
have been pledged. Taxes imposed by the Municipality and the County are subject to constitutional tax
rate limitations.
This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that
purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written
instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered
owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond
or bonds of any authorized denomination, in the same aggregate principal amount and of the same
interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as
provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so
authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not
exceeding the aggregate principal amount for each maturity.
This bond is not subject to redemption prior to maturity.
It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen
and be performed precedent to and in the issuance of the bonds of this series, existed, have happened
and have been performed in due time, form and manner as required by law, and that the total
indebtedness of the County, including the series of bonds of which this bond is one, does not exceed any
constitutional or statutory limitation.
IN WITNESS WHEREOF the County of Oakland, State of Michigan, by its Board of Commissioners, has
caused this bond to be executed in its name by facsimile signatures of the Chairperson of the Board of
Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or
imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually
executed by an authorized representative of the bond registrar and paying agent.
COUNTY OF OAKLAND
By:
Chairperson, Board of Commissioners
[SEAL]
And:
County Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned resolution.
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________________
(please print or type name, address and taxpayer identification number of transferee) the within bond and
all rights thereunder and hereby irrevocably constitutes and appoints
______________________________________________________________________________
attorney to transfer the within bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated: ____________________ _______________________________________
Signature Guaranteed: _______________________________________
Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer
Association recognized signature guarantee program.
10. SECURITY. The Refunding Bonds shall be issued in anticipation of the payments to be made by
the Municipality pursuant to the Contracts. As additional security the full faith and credit of the
Commissioners Minutes Continued. March 26, 2009
140
County of Oakland are hereby pledged for the prompt payment of the principal of and interest on
the Refunding Bonds as the same shall become due. If the Municipality shall fail to make
payments to the County that are sufficient to pay the principal of and interest on the Refunding
Bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be
advanced from the general fund of the County.
11. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the
principal of and interest on which are guaranteed by the United States, or a combination thereof,
the principal of and interest on which, without reinvestment, come due at times and in amounts
sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of,
premium if any, and interest on the Refunding Bonds or any portion of the Refunding Bonds, shall
have been deposited in trust, this Resolution shall be defeased with respect to such Refunding
Bonds and the owners of the Refunding Bonds shall have no further rights under this Resolution
except to receive payment of the principal of, premium if any, and interest on the Refunding
Bonds from the cash or securities deposited in trust and the interest and gains thereon and to
transfer and exchange Refunding Bonds as provided herein.
12. PRINCIPAL AND INTEREST FUND. There shall be established for the Refunding Bonds a
Principal and Interest Fund that shall be kept in a separate bank account. From the proceeds of
the sale of the Refunding Bonds there shall be set aside in the Principal and Interest Fund any
accrued interest received from the purchaser of the Refunding Bonds at the time of delivery of the
same; provided, however, that the County Agency may determine that all or any portion of any
premium received from the purchaser of the Refunding Bonds received at the time of such
delivery also may be set aside in the Principal and Interest Fund. All payments received from the
Municipality pursuant to the Contracts are pledged for the payment of the principal of and interest
on the Prior Bonds that are not refunded and the Refunding Bonds and expenses incidental
thereto and as received shall be placed in the Principal and Interest Fund or the principal and
interest funds for the Prior Bonds as appropriate. The County Agency shall transfer moneys in
the Principal and Interest Fund to the bond registrar and paying agent for the Prior Bonds and the
bond registrar and paying agent for the Refunding Bonds as necessary for the payment of the
principal of and interest on the Prior Bonds that are not refunded and the Refunding Bonds.
13. PAYMENT OF ISSUANCE EXPENSES AND PRIOR BONDS THAT ARE REFUNDED -
ESCROW FUND. The remainder of the proceeds of the Refunding Bonds shall be used to pay
the issuance expenses of the Refunding Bonds and to pay the principal of, interest on and
redemption premiums on the Prior Bonds that are refunded. If necessary, after the issuance
expenses have been paid or provided for, the remaining proceeds shall be used to establish an
escrow fund (the "Escrow Fund") consisting of cash and investments in direct obligations of, or
obligations the principal of and interest on which are unconditionally guaranteed by, the United
States of America or other obligations the principal of and interest on which are fully secured by
the foregoing and used to pay the principal of, interest on and redemption premiums on the Prior
Bonds that are refunded. The Escrow Fund shall be held by an escrow agent (the "Escrow
Agent") in trust pursuant to an escrow agreement (the "Escrow Agreement") that irrevocably shall
direct the Escrow Agent to take all necessary steps to pay the interest on the Prior Bonds that are
refunded when due and to call such Prior Bonds for redemption at such time as shall be
determined in the Escrow Agreement. The County Treasurer shall select the Escrow Agent and
enter into the Escrow Agreement with the Escrow Agent on behalf of the County. The amounts
held in the Escrow Fund shall be such that the cash and the investments and the income
received thereon will be sufficient without reinvestment to pay the principal of, interest on and
redemption premiums on the Prior Bonds that are refunded when due at maturity or call for
redemption as required by the Escrow Agreement.
14. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the Refunding Bonds
shall be subject to permission being granted therefor by the Department of Treasury of the State
of Michigan under Act 34; and the County Treasurer or the County Agency shall, if necessary,
make application to the Department of Treasury for permission to issue and sell the Refunding
Bonds as provided by the terms of this Resolution.
Commissioners Minutes Continued. March 26, 2009
141
15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF REFUNDING BONDS. The
County Agency shall determine the principal amount of the Refunding Bonds to be sold and shall
determine the other bond details as described in Section 2 hereof and any premium to be set
aside in the Principal and Interest Fund as described in Section 12 hereof. In addition, in order to
save the cost of publication of an Official Notice of Sale, the County hereby determines that it will
sell the Refunding Bonds at a negotiated sale after solicitation of proposals from prospective
purchasers by its financial consultant, Municipal Financial Consultants Incorporated. The
County's financial consultant is authorized to solicit proposals from at least twenty-five
prospective purchasers and to circulate a Request for Proposal at least seven days prior to the
date fixed for receipt of proposals for the purchase of the Refunding Bonds. The Request for
Proposal shall be in substantially the form approved by the County Agency at the time of sale with
such changes therein as are not inconsistent with this Resolution. The financial consultant is
hereby designated to act for and on behalf of the County to receive proposals for the purchase of
the Refunding Bonds and to take all other steps necessary in connection with the sale and
delivery thereof. The County Agency is hereby authorized to determine the low proposer on the
Refunding Bonds and to award the Refunding Bonds to such low proposer. The County Agency,
the County Treasurer, the County Clerk and other County officials and employees are hereby
authorized to do all other things necessary to effectuate the sale, issuance, delivery, transfer and
exchange of the Refunding Bonds in accordance with the provisions of this Resolution.
16. REPLACEMENT OF REFUNDING BONDS. Upon receipt by the County Treasurer of proof of
ownership of an unmatured Refunding Bond, of satisfactory evidence that the Refunding Bond
has been lost, apparently destroyed or wrongfully taken and of security or indemnity that complies
with applicable law and is satisfactory to the Treasurer, the Treasurer may authorize the bond
registrar and paying agent to deliver a new executed Refunding Bond to replace the bond lost,
apparently destroyed or wrongfully taken in compliance with applicable law. In the event an
outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully taken, the
Treasurer may authorize the bond registrar and paying agent to pay the Refunding Bond without
presentation upon the receipt of the same documentation required for the delivery of a
replacement Refunding Bond. The bond registrar and paying agent, for each new Refunding
Bond delivered or paid without presentation as provided above, shall require the payment of
expenses, including counsel fees that may be incurred by the bond registrar and paying agent
and the County in the premises. Any Refunding Bond delivered pursuant the provisions of this
Section 16 in lieu of any Refunding Bond lost, apparently destroyed or wrongfully taken shall be
of the same form and tenor and be secured in the same manner as the Refunding Bond in
substitution for which such Refunding Bond was delivered.
17. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Revenue Code of 1986, as amended, necessary to assure that the interest on the Refunding
Bonds will be and will remain excludable from gross income for federal income tax purposes.
The County Agency, the County Treasurer, the County Clerk and other County officials and
employees are authorized to do all things necessary to assure that the interest on the Refunding
Bonds will be and will remain excludable from gross income for federal income tax purposes.
18. QUALIFIED TAX-EXEMPT OBLIGATIONS. The Refunding Bonds are hereby designated as
Qualified Tax-Exempt Obligations as described in Section 265(b)(3)(B) of the Internal Revenue
Code of 1986, as amended; provided, however, that the County Agency is authorized to sell the
Refunding Bonds as not Qualified Tax-Exempt Obligations if it is determined that the County does
not meet the requirements of said Section 265(b)(3)(B) prior to the sale thereof.
19. OFFICIAL STATEMENT. The County shall cause the preparation of an official statement for the
Refunding Bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the
Securities Exchange Act of 1934, as amended (the "Rule") and shall do all other things necessary
to enable compliance with the Rule. After the award of the Refunding Bonds, the County will
provide copies of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a
timely basis and in reasonable quantity as requested by the successful bidder or bidders to
enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the
Municipal Securities Rulemaking Board.
Commissioners Minutes Continued. March 26, 2009
142
20. CONTINUING DISCLOSURE. The County Treasurer and the County Agency are each severally
authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the
County to comply with the requirements for a continuing disclosure undertaking of the County
pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time
in accordance with the terms of such certificate (the certificate and any amendments thereto are
collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby
covenants and agrees that it will comply with and carry out all of the provisions of the Continuing
Disclosure Certificate. The remedies for any failure of the County to comply with and carry out
the provisions of the Continuing Disclosure Certificate shall be as set forth therein.
21. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be
in conflict herewith are hereby rescinded.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
*MISCELLANEOUS RESOLUTION #09060
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: MANAGEMENT AND BUDGET/WATER RESOURCES COMMISSIONER – BIRMINGHAM CSO
DRAINAGE DISTRICT, REFUNDING BONDS, SERIES 2009 - FULL FAITH AND CREDIT
RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Birmingham CSO Drainage District previously has issued its Refunding Bonds, Series
2001, dated August 1, 2001 (the "Series 2001 Refunding Bonds") in the principal amount of $8,775,000,
to refund a portion of the Birmingham CSO Drainage District Drain Bonds, Series 1995C, dated April 1,
1995, maturing in the years 2004 through 2016, and this Board of Commissioners, by Resolution #01135
adopted on May 24, 2001, pledged the full faith and credit of the County of Oakland (the "County") for the
prompt payment of the principal of and interest on the Series 2001 Refunding Bonds; and
WHEREAS the Drainage Board for the Birmingham CSO Drain (the "Drainage Board"), by resolution
adopted on February 24, 2009, authorized and provided for the issuance by the Birmingham CSO
Drainage District of its Birmingham CSO Drainage District Drain Refunding Bonds, Series 2009 (the
"Refunding Bonds"), in the aggregate principal amount of not to exceed $5,500,000 to refund all or a
portion of the Series 2001 Refunding Bonds maturing in the years 2010 through 2016; and
WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to
exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal
amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage
Board at the time of sale; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board an resolution
pledging the full faith and credit of the County for the payment of the principal of and interest on the
Refunding Bonds; and
WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve
debt service savings for the City of Birmingham, the County and the State of Michigan.
NOW THEREFORE BE IT RESOLVED:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended,
the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of
the County for the prompt payment of the principal of and interest on the Refunding Bonds and
agrees that, in the event the City of Birmingham, the County or the State of Michigan shall fail or
neglect to account to the County Treasurer of the County for the amount of any special
assessment installment and interest when due, the amount thereof shall be advanced
immediately from County funds, and the County Treasurer is directed to make such advancement
to the extent necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of
County funds all or any part of an installment and interest, it shall be the duty of the County
Commissioners Minutes Continued. March 26, 2009
143
Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
remedies permitted or authorized by law for the reimbursement of such sums so paid.
3. The County Treasurer or the financial consultant, Municipal Financial Consultants Incorporated, is
authorized, if necessary to make application to the Department of Treasury for permission to
issue and sell the Bonds.
4. The County Treasurer is authorized to approve the circulation of a preliminary and final official
statement for the Refunding Bonds, to cause the preparation of those portions of the preliminary
and final official statement that pertain to the County, and to do all other things necessary for
compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended
(the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to
do all other things that are necessary to effectuate the sale and delivery of the Refunding Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of
the County (i) a certificate of the County to comply with the requirements for a continuing
disclosure undertaking of the County pursuant to subsection (b) (5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the "Continuing
Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
*MISCELLANEOUS RESOLUTION #09061
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: FACILITIES MANAGEMENT – AUTHORIZATION AND FUNDING REQUEST FOR PRIMARY
ELECTRICAL SYSTEM MAINTENANCE PHASE I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS primary 13,200 volt electric power is provided to the Oakland County Service Center by DTE
and distributed through the County’s primary electrical system to all County facilities on both sides of
Telegraph Road; and
WHEREAS primary system components include transformers and feed switches at 27 facilities, as well as
primary circuit breakers and switches at the central switchgear house; and
WHEREAS the Board of Commissioners, by Miscellaneous Resolution #07262, authorized the Primary
Electrical System Maintenance and Survey Project (Phase I) in the amount of $100,000 to inspect, clean,
and perform preventative maintenance of the County’s primary electrical system equipment as the first
phase of the project; and
WHEREAS authorization for an additional $100,000 is requested by the Facilities Maintenance &
Operations Division to continue Phase I activities, including testing and inspections of other primary
system components and some repairs; and
WHEREAS the FY 2009 Capital Improvement Program identifies the Remaining Primary Electrical
System Maintenance Project (Phase II) in the amount of $835,000; and
WHEREAS the continuation of Phase I includes scheduled electrical shutdowns at all facilities to clean,
test, and inspect all primary electrical system components to determine their current condition and identify
necessary repairs and upgrades to improve system reliability and safety; and
WHEREAS the electrical shutdowns, cleaning, testing, and inspection work will be performed through a
combination of existing service contracts, in-house staff, Detroit Edison staff, and other contracts bid
through the Purchasing Division; and
WHEREAS funding in the amount of $100,000 is available for transfer from Facilities Maintenance &
Operations Fund Equity (#63100) to the Project Work Order Fund (#40400) to continue the Primary
Electrical System Maintenance and Survey Project (Phase I); and
Commissioners Minutes Continued. March 26, 2009
144
WHEREAS once Phase I activities have been completed, Facilities Management will prioritize any
required major repairs or upgrades, create plans and specifications as required, develop cost estimates,
and return to the Board for authorization of funding for Phase II of the project.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the continuation of
the Primary Electrical System Maintenance and Survey Project (Phase I) in the amount of $100,000.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $100,000 from Facilities Maintenance & Operations Fund Equity (#63100) to the Project Work
Order Fund (#40400) for the Primary Electrical System Maintenance Phase I Project (Project
#100000001098).
BE IT FURTHER RESOLVED that the FY 2009 Budget is amended as follows:
FACILITIES MAINTENANCE & OPERATIONS FUND #63100
1040702-140010-665882 Planned Use Fund Bal. $100,000
1040719-141000-788001-40400 Transfer Out 100,000
$ -0-
PROJECT WORK ORDER FUND #40400
1040101-148020-695500-63100 Transfer In $100,000
1040101-148020-796500 Budgeted Equity Adj. 100,000
$ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
*MISCELLANEOUS RESOLUTION #09062
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AWARD OF CONTRACT FOR THE
2009 ROOF REPLACEMENT PROGRAM – CHILDREN’S VILLAGE SCHOOL PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Fiscal Year 2009 Capital Improvement Program identifies the Roof Replacement Program
for the Children’s Village School and the Sheriff’s Marine Storage Building in the amount of $424,400; and
WHEREAS the Facilities Engineering Division recommends complete replacement of the 30 year-old
Children’s Village School roof at this time; and
WHEREAS a recommendation regarding the Sheriff’s Marine Storage Building will be forthcoming later in
FY 2009; and
WHEREAS the Planning & Building Committee on October 14, 2008, authorized the Facilities
Engineering Division to prepare drawings and specifications and to advertise and receive bids for the
replacement of the roofing of the Children’s Village School; and
WHEREAS in accordance with Purchasing Division procedures, bids for the project were received and
reviewed on March 2, 2009 by the Facilities Engineering Division and the Purchasing Division; and
WHEREAS the lowest responsible bidder is Ann Arbor Roofing of Ann Arbor, Michigan, which has
successfully performed similar projects for the County in the past, with a bid in the amount of $299,744;
and
WHEREAS total project costs of $325,000 are recommended by the Facilities Engineering Division,
including the contract award of $299,744, engineering costs of $2,000, landscape restoration costs of
$5,000, and contingency of $18,256; and
WHEREAS the additional insulation has a five (5) year return on investment (ROI) due to heating fuel
savings; and
WHEREAS the initial CIP budget for the Children’s Village School roof replacement was $397,400; and
WHEREAS funding in the amount of $325,000 for the project is available for transfer from the FY 2009
Capital Improvement Program/Building Improvement Fund (#40100) to the Project Work Order Fund
(#40400) for the 2009 Roof Replacement Program – Children’s Village School Project.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an award of contract
for the 2009 Roof Replacement Program – Children’s Village School Project to Ann Arbor Roofing of Ann
Arbor, Michigan in the amount of $299,744.
Commissioners Minutes Continued. March 26, 2009
145
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $325,000 from the Capital Improvement Program/Building Fund (#40100) to the Project Work
Order Fund (#40400) to establish the 2009 Roof Replacement Program – Children’s Village School
Project (#100000001256).
BE IT FURTHER RESOLVED that the FY 2009 Budget is amended as follows:
BUILDING IMPROVEMENT FUND #40100
1040101-148020-788001-40400 Transfer Out ($325,000)
PROJECT WORK ORDER FUND #40400
1040101-148020-695500-40100 Transfer In $325,000
$ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
*MISCELLANEOUS RESOLUTION #09063
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION -
CONCURRENCE OF OAKLAND COUNTY BOARD OF COMMISSIONERS WITH COUNTY
EQUALIZATION MANAGER TO ELECT TO AUDIT PRINCIPAL RESIDENCE EXEMPTIONS (A/K/A
HOMESTEAD EXEMPTIONS) UNDER THE PROVISIONS OF MCL 211.7cc (10)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Legislature created a principal residence exemption audit program in Public Act
105 of 2003, MCL 211.7cc (10) in order to generate revenue for Michigan school districts; and
WHEREAS MCL 211.7cc imposes interest of 1- 1/4 per cent per month on denied principal residence
exemptions, and earmarks that interest to townships/cities, counties, and the Department of Treasury with
seventy percent (70%) of the interest going to the entity that denies the exemption with the other entities
sharing the remaining interest; and
WHEREAS under prior law, county officials could not deny any principal residence exemptions and
assessors could not deny prior year exemptions but under MCL 211.7cc, county equalization directors
and county treasurers now have the same authority as Treasury to deny exemptions for the current year
and three prior years, if the county chooses to accept this authority; and
WHEREAS the election by County Equalization Manager (who functions as the County’s Equalization
Director) to audit principal residence exemptions under the provisions of MCL 211.7cc (10) needs the
concurrence by resolution of the County Board of Commissioners; and
WHEREAS by Miscellaneous Resolutions #03253 and #07237 the Oakland County Board of
Commissioners initially and subsequently authorized the Oakland County Equalization Manager to elect
to audit principal residence exemptions under the provisions of MCL 211.7cc (10); and
WHEREAS under the provisions of MCL 211.7cc (10) after an initial election to audit principal residence
exemptions is made, and/or renewed, subsequent elections to audit principal residence exemptions must
be made every five (5) years beginning in 2009.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby renews
its authorization to the Oakland County Equalization Manager to elect to audit principal residence
exemptions under the provisions of MCL 211.7cc (10).
BE IT FURTHER RESOLVED that in order to accomplish the election to audit and the audit of principal
residence exemptions the Oakland County Equalization Manager is authorized to execute the document
entitled “County Election to Audit Principal Residence Exemptions” attached hereto.
BE IT FURTHER RESOLVED that all expenditures incurred and revenues received as a result of principal
residence exemptions audits continue to be recorded in the Delinquent Tax Revolving Fund (DTRF)
(#51600-7010110) as approved per Miscellaneous Resolution #03253.
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
Commissioners Minutes Continued. March 26, 2009
146
*MISCELLANEOUS RESOLUTION #09045
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2009 WAGE & BENEFIT REOPENER
AND ONE YEAR CONTRACT EXTENSION OF THE LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Oakland County Employees Union (O.C.E.U.), have been
negotiating a contract covering approximately 347 employees; and
WHEREAS a wage and benefit re-opener and one year contract extension has been reached for the
period October 1, 2008, through September 30, 2010, and said agreement has been reduced to writing;
and
WHEREAS this agreement provides for a 1% increase for Fiscal Year 2009; and a wage re-opener for
Fiscal Year 2010; and
WHEREAS this agreement provides for the health benefit contribution increases for 2009, provided for in
Miscellaneous Resolution #07216; and a benefit re-opener for 2010; and
WHEREAS the agreement has been reviewed by your Human Resources Committee, which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and the Oakland County Employees Union, covering the
period of October 1, 2008, through September 30, 2010, and that the Board Chairperson on behalf of the
County of Oakland, is authorized to execute said agreement as attached.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
Copy of Summary of Agreement between Oakland County and Oakland County Employees Union FY
2009 Wage and Benefit Reopener and a One Year Contract Extension on file in County Clerk’s office.
FISCAL NOTE (MISC. #09045)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2009 WAGE & BENEFIT REOPENER
AND ONE YEAR CONTRACT EXTENSION OF THE LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The County of Oakland and the Oakland County Employees Union (OCEU) have reached an
agreement regarding a wage and benefit re-opener and one year contract extension for
approximately 347 County employees for the period October 1, 2008 through September 30,
2010.
2. The agreement provides for a 1% increase for Fiscal Year 2009 and a wage re-opener for Fiscal
Year 2010.
3. The agreement also provides for health benefit contribution increases for 2009, provided by
Miscellaneous Resolution #07216, and a benefit re-opener for 2010.
4. The total increase for FY 2009 is $186,173, including $132,602 for salaries and $53,571 for
associated fringe benefits.
5. These costs are incorporated in the FY 2009/2010 Adopted Budget and no budget amendments
are recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
Commissioners Minutes Continued. March 26, 2009
147
*MISCELLANEOUS RESOLUTION #09046
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 1st QUARTERLY
REPORT FOR FY 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1
- 21 provides a process for departments and employees to request a review of the salary grade
placement of classifications; and
WHEREAS the 1st Quarterly Report for FY 2009 identifies the job studies conducted and the salary grade
changes recommended by the Human Resources Department after completion of this review process;
and
WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary
grade changes resulting from this Salary Administration Quarterly Report recommendations; and
WHEREAS funding is available through the Printing Fund to implement salary grade changes resulting
from recommended Proprietary salary grade changes.
NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes
implementation of the Salary Administration Plan 1st Quarterly Report for FY 2009, which includes the
following classification changes:
Salary Grade
Classification From To Position Number
Printing Equipment Operator III 9 10 1030830-01619
Small Business Assistant retitle to Small Business Analyst 7 9 1090205-01345
Parks & Recreation Project Advisor retitle to Project Advisor -- -- 5060101-10746
5060101-10747
5060101-10748
5060101-10749
Parks & Recreation Public Information Supervisor retitle to
Parks & Recreation Communications Supervisor 13 13 5060101-02508
Public Communications Assistant retitle to Communications
& Marketing Assistant 9 9 5060101-05404
5060101-07106
5060101-07884
Marketing Assistant retitle to Communications & Marketing
Assistant 9 9 --
BE IT FURTHER RESOLVED that the following unused classification title be deleted:
Senior Financial Analyst
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
FISCAL NOTE (MISC. #09046)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 1st QUARTERLY
REPORT FOR FY 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Human Resources Department, with approval from the Board of Commissioners, provides a
process for departments and employees requesting a review of the salary grade placement
classifications for Grades 1 – 21.
2. One (1) General Fund Small Business Assistant position in the Development and
Planning/Business Development Division will be upgraded from a grade 7 to a grade 9 and
retitled to Small Business Analyst, at an annual cost of $6,692 and $3,345 for the remainder of
FY 2009 in salaries and fringe benefits.
Commissioners Minutes Continued. March 26, 2009
148
3. One (1) Proprietary Funded Printing Equipment Operator III position in Central Services/Support
Services will be upgraded from a grade 9 to a grade 10, at an annual cost of $3,434 and $1,717
for the remainder of FY 2009 in salaries and fringe benefits.
4. The cost of the Printing Equipment Operator III position will be funded by the
Mailing/Convenience Copier/Printing Fund (#66700).
5. The classification upgrades will be effective March 28, 2009.
6. Four (4) positions will be retitled from Parks and Recreation Project Advisor to Project Advisor,
one (1) Parks and Recreation Public Information Supervisor position will be retitled to Parks and
Recreation Communications Supervisor, and three (3) Public Communications Assistant positions
will be retitled to Communications & Marketing Assistants, all within the Parks and Recreation
Commission Department; there are no fiscal implications with these changes.
7. The unused classification title of Senior Financial Analyst will be deleted with no financial
implications.
8. The following budget amendment is recommended to the FY 2009 and FY 2010 Budget:
GENERAL FUND (#10100) FY 2009 FY 2010
Expenditures
9090101-196030-740037 Non-Dept – Class & Rate Change ($3,345) ($6,692)
1090205-017010-702010 Dev & Plan/Bus Dev – Salaries 2,382 4,765
1090205-017010-722740 Dev & Plan/Bus Dev – FB – FICA 182 365
1090205-017010-722750 Dev & Plan/Bus Dev – FB – Workers Comp 28 56
1090205-017010-722760 Dev & Plan/Bus Dev – FB – Group Life 7 14
1090205-017010-722770 Dev & Plan/Bus Dev – FB – Retirement 732 1,464
1090205-017010-722810 Dev & Plan/Bus Dev – FB – Disability 9 18
1090205-017010-722820 Dev & Plan/Bus Dev – FB – Unemployment 5 10
Total Expenditures $ 0 $ 0
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
*MISCELLANEOUS RESOLUTION #09048
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/THE OAKLAND COUNTY AIRPORT –
REQUEST TO GRANT A WATER MAIN EASEMENT TO THE CHARTER TOWNSHIP OF
WATERFORD, OAKLAND COUNTY INTERNATIONAL AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of the Oakland County International Airport located in the
Waterford Township; and
WHEREAS the Oakland County Airport Committee has received a request to grant an easement for a
water main in the south central area of the Oakland County International Airport from Realty Management
Partners, Inc.; and
WHEREAS granting the easement would allow Realty Management to complete its new medical building
project, provide for better fire protection in the area and provide a new section of water main to better
serve the south central area of the airport including the site of the proposed new terminal building. All
construction related costs would be bourn by Realty Management Partners; and
WHEREAS the Oakland County Aviation staff and the Waterford Township Engineering staff have agreed
upon a route for the said water main; 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 water main easement to the Charter Township of
Waterford 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 water main and all other related documents
which may be required.
Commissioners Minutes Continued. March 26, 2009
149
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Request to Grant Water Main Easement to the Charter Township of Waterford Oakland County
International Airport on file in County Clerk’s office.
FISCAL NOTE (MISC. #09048)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/OAKLAND COUNTY AIRPORT –
REQUEST TO GRANT A WATER MAIN EASEMENT TO THE CHARTER TOWNSHIP OF
WATERFORD, OAKLAND COUNTY INTERNATIONAL AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Oakland County Airport Committee has received a request to grant a water main easement
at the Oakland County International Airport from Realty Management Partners, Inc.
2. The easement would allow Realty Management Partners to complete its new medical building
project, provide for better fire protection in the area, and provide a new section of water main to
better serve the airport including the site of the proposed new terminal building.
3. Realty Management Partners would be responsible for all construction related costs.
4. The resolution authorizes and approves the granting of a water main easement to the Charter
Township of Waterford for the sum of one (1) dollar.
5. No General Fund/General Purpose amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
*MISCELLANEOUS RESOLUTION #09049
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE
RESOURCE MANAGEMENT – APPROVAL OF 2009 NO HAZ INTERLOCAL AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County and its northern municipalities are committed to protection of the natural
environment and preventing toxic materials from entering our waterways and landfill resources; and
WHEREAS the improper handling and disposal of toxic and poisonous household chemicals poses a
health risk to our citizens; and
WHEREAS recognizing there is a need to provide regular and easily accessible household hazardous
waste collection services to North Oakland residents; and
WHEREAS collection events for household hazardous waste are widely accepted as the best way to
provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, meet
Phase II Stormwater Protection requirements, encourage pollution prevention and enhance
environmental health and safety in the home; and
WHEREAS Oakland County, through its Waste Resource Management Division has facilitated the
creation of the North Oakland Household Hazardous Waste Consortium (NO HAZ), and
WHEREAS participating municipalities in North Oakland County have appointed an official representative
to the NO HAZ Consortium Board; and
WHEREAS the NO HAZ Consortium has developed a household hazardous waste collection program;
and
WHEREAS the municipalities recognize and agree that absent an agreement with the County, the County
has no obligation to facilitate such a program; and
WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement
between the County and a number of municipalities in North Oakland County for the creation of a
program to collect household hazardous waste; and
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150
WHEREAS the following municipalities have approved the Interlocal Agreement: Addison Township,
Commerce Township, Groveland Township, City of Lake Angelus, Oakland Township, Oxford Township,
Orion Township, City of Rochester, City of Rochester Hills, Waterford Township, White Lake Township;
and
WHEREAS the Interlocal Agreement requires participating municipalities to fully reimburse the County for
all costs it incurs in connection with the NO HAZ program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the
Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in
support thereof.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
NORTH OAKLAND COUNTY HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT
BETWEEN OAKLAND COUNTY AND [NAME OF MUNICIPALITY]
This Interlocal Agreement ("the AGREEMENT") is made between Oakland County, a Constitutional and
Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("COUNTY"), and [Name and
Address of Municipality] ___________________ ("MUNICIPALITY"). In this AGREEMENT the COUNTY
and the MUNICIPALITY may also be referred to individually as "Party" or jointly as "Parties."
1. INTRODUCTORY STATEMENTS
1.1 The northern cities, villages and townships of Oakland COUNTY are committed to protection of
the natural environment and preventing toxic materials from entering their waterways and landfill
resources.
1.2 In order to accomplish this goal, there is a need to provide regular and easily accessible
household hazardous waste collection services to north Oakland COUNTY residents.
1.3 These northern cities, villages and townships have sought the COUNTY’S assistance in
coordinating a household hazardous waste collection program.
1.4 The COUNTY has agreed to assist these communities by coordinating and facilitating this
AGREEMENT in order to form a comprehensive household hazardous waste management
program.
1.5 This interlocal AGREEMENT will allow participating communities to obtain economic benefits of
scale, without placing an undue burden on any one community, in the provision of a coordinated
program of household hazardous waste collection and disposal. Residents of these communities
will enjoy access to a coordinated, convenient, ongoing collection program supported by an
aggressive educational program regarding the hazards of household hazardous wastes and their
proper re-use and disposal.
2. PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL
124.501 et seq., the COUNTY and the MUNICIPALITY enter into this AGREEMENT for the purpose
of developing a comprehensive household hazardous waste management program (“Program”) that
will meet the following goals and objectives.
3. GOALS OF THE PROGRAM:
3.1 To provide regular, reliable and easily accessible household hazardous waste collection services
to the residents of northern Oakland COUNTY. The Program will help prevent toxic materials
from entering Oakland COUNTY’S waterways, water tables, and landfill resources and help to
remove them from potentially hazardous situations in area households.
3.2 To establish, coordinate, and promote an educational program to inform residents about re-use,
return, and reduction of potentially hazardous materials, bolster community spirit, and educate
residents about environmentally sensitive behavior in general.
4. OBJECTIVES OF THE PROGRAM:
4.1 Increase public awareness of return, disposal, and source reduction options;
4.2 Initiate a reliable, regular, and convenient collection program for household hazardous waste
collection;
4.3 Promote knowledge of program requirements;
4.4 Help divert significant quantities of household hazardous materials from landfills;
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4.5 Help return significant quantities of potentially household hazardous materials to point of
purchase or recycling outlets for proper disposition; and
4.6 Collect data about the amount and type of household hazardous materials in north Oakland
County and their ultimate disposition.
NOW THEREFORE in consideration of the mutual promises, obligations, representations, and
assurances in this Agreement, the Parties agree to the following:
5. DEFINITIONS. The following words and expressions used throughout this AGREEMENT, whether
used in the singular or plural, within or without quotation marks, or possessive or non-possessive,
shall be defined, read, and interpreted as follows:
5.1 “ACCEPTABLE HAZARDOUS WASTE” shall be defined as any and all forms of HAZARDOUS
WASTE that the HAZARDOUS WASTE VENDOR specifically agrees to collect and properly
dispose of and/or recycle at any and all collection events throughout this program.
5.2 “ADMINISTRATIVE COSTS” shall be defined as any and all Program costs, expenses, wages,
salaries, fringe benefit costs, equipment, supplies, administrative overhead, building costs, or any
costs and expenses that are incurred and/or paid by the COUNTY in the administration of this
program. ADMINISTRATIVE COSTS and HAZARDOUS WASTE COLLECTION COSTS are
mutually exclusive cost categories.
5.3 “AGENT” OR “AGENTS” of the COUNTY or the MUNICIPALITY, shall be defined to include any
and all of that Party’s officers, elected officials, appointed officials, directors, board members,
council members, authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, AGENTS, representatives, and/or any such persons’
successors or predecessors, employees, attorneys, or auditors (whether such persons act or
acted in their personal, representative, or official capacities), and/or any and all persons acting
by, through, under, or in concert with any of them. AGENT shall also include any person who
was an AGENT at any time during this AGREEMENT but for any reason is no longer employed,
appointed, or elected in that capacity. AGENT, as defined for any purpose in this AGREEMENT,
shall NOT include the HAZARDOUS WASTE VENDOR.
5.4 “AGREEMENT” means the terms and conditions of this AGREEMENT, Exhibits A and B
referenced below and any other mutually agreed to and properly executed modification,
amendment, addendum, or change order.
5.4.1 Exhibit A (ADMINISTRATIVE and HAZARDOUS WASTE COLLECTION COSTS)
5.4.2 Exhibit B (Population statistics and estimates of percentage of total participation in
program contributed by MUNICIPALITY used to calculate ADMINISTRATIVE COSTS of
this program for participating MUNICIPALITIES).
5.5 “CLAIM(S)” shall be defined to include any and all losses, complaints, demands for relief or
damages, suits, causes of action, proceedings, judgments, deficiencies, penalties, costs and
expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness
fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, or any
other amount for which the COUNTY and/or any COUNTY AGENT becomes legally and/or
contractually obligated to pay, or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged violation of the
constitution (federal or state), any statute, rule, regulation or the common law, whether in law or
equity, tort, contract, or otherwise and/or whether commenced or threatened and arising out of
any alleged breach of any duty by the MUNICIPALITY or any MUNICIPALITY AGENT under or in
connection with this AGREEMENT or are based on or result in any way from the
MUNICIPALITY’S participation in the AGREEMENT.
5.6 “COLLECTION SCHEDULE” means the dates scheduled for hazardous waste collection services
throughout North Oakland County. Oakland County will schedule dates and times for hazardous
waste collection services for the 2009 year program in cooperation with the NO HAZ Board.
5.7 “COLLECTION SITE PROTOCOL” shall be a clearly defined set of operating procedures for
every scheduled hazardous waste collection event. This protocol shall clearly define the duties
and responsibilities of the HAZARDOUS WASTE VENDOR, COUNTY, and MUNICIPALITY at
each collection event. The protocol shall clearly provide that the HAZARDOUS WASTE
VENDOR is solely responsible for the collection, sorting, transport and proper disposition of all
ACCEPTABLE HAZARDOUS WASTE collected at an event. The COUNTY has developed this
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protocol in consultation with the NO HAZ VENDOR and NO HAZ BOARD, and will update as
needed or requested by the parties.
5.8 “COUNTY” means Oakland County, a Municipal and Constitutional Corporation including, but not
limited to, all of its departments, divisions, the County Board of Commissioners, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, AGENTS, subcontractors, volunteers, and/or any such persons’
successors.
5.9 “HAZARDOUS WASTE VENDOR” shall be defined as the vendor selected by the COUNTY to
perform hazardous waste collection services on behalf of participating municipalities. The
HAZARDOUS WASTE VENDOR will conduct and oversee household hazardous waste collection
events throughout northern Oakland County. The vendor will be responsible for all core
operations at each event including receiving and handling of household hazardous wastes, waste
characterization, manifestation and ultimate disposition of materials collected. The vendor will
assume all liability for ACCEPTABLE HAZARDOUS WASTE once collected.
5.10“HAZARDOUS WASTE COLLECTION COSTS” shall be defined as any and all actual amounts
paid to the HAZARDOUS WASTE VENDOR by the COUNTY on behalf of participating
MUNICIPALITIES for the collection and disposal of ACCEPTABLE HAZARDOUS WASTE.
5.11“MUNICIPALITY” as defined above also includes, without limitation, its Council, any and all of its
departments, its divisions, elected and appointed officials, directors, board members, council
members, commissioners, authorities, committees, employees, AGENTS, subcontractors,
volunteers, and/or any such persons’ successors.
5.12“NORTH OAKLAND HOUSEHOLD HAZARDOUS WASTE ADVISORY BOARD” (“NO HAZ
BOARD”) means an advisory board made up of one appointed representative from each
participating MUNICIPALITY. This board shall provide counsel and recommendations to the
COUNTY regarding the operation and administration of this Program.
6. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this AGREEMENT,
and applicable changes in law, the COUNTY shall carry out the following:
6.1 The COUNTY shall be responsible for development and operation of the Program and shall enter
into contracts for the benefit of the Program. Such contracts include, but are not limited to, a
contract with the HAZARDOUS WASTE VENDOR.
6.2 In 2007 the COUNTY prepared a Request for Proposal (RFP) that was used to solicit bids from
potential HAZARDOUS WASTE VENDORS for the program, based on established program
terms and conditions. The COUNTY, using its best efforts, selected and contracted with
Environmental Recycling Group, a HAZARDOUS WASTE VENDOR for the program in 2008. The
RFP included the option for two one-year contract extensions for the vendor selected. The
COUNTY will use this option and contract with Environmental Recycling Group for the 2009
program.
6.3 The COUNTY, together with the NO HAZ BOARD, will monitor the services and activities of the
HAZARDOUS WASTE VENDOR in order to insure that all terms and conditions of the
HAZARDOUS WASTE VENDOR contract are satisfied. The COUNTY will take whatever steps
are reasonably necessary, in its sole discretion, to modify or correct a deficiency in the
HAZARDOUS WASTE VENDOR service and/or to enforce or terminate the agreement in the
event of default by the HAZARDOUS WASTE VENDOR.
6.4 The COUNTY shall be responsible for selecting dates and locations for hazardous waste
collection services with the recommendation of the NO HAZ BOARD.
6.5 The COUNTY, in consultation with the HAZARDOUS WASTE VENDOR and NO HAZ BOARD,
shall develop a COLLECTION SITE PROTOCOL for hazardous waste collection events within the
MUNICIPALITY.
6.6 The COUNTY, in consultation with the NO HAZ BOARD, shall formulate a survey to be filled out
by MUNICIPAL residents upon their arrival at a scheduled collection event. This survey will
require residents to provide their name and address (including street, city or township and zip
code). Information gathered by way of this survey shall only be used by the COUNTY for reasons
directly related to the administration of the NO HAZ program which include, but are not limited to,
the calculation of HAZARDOUS WASTE COLLECTION COSTS for each MUNICIPALITY
participating in this AGREEMENT. Each NO HAZ BOARD member shall have the opportunity to
review the addresses of participants to verify all are located within the MUNICIPALITY prior to
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invoices being sent out. All personal identifying information collected from MUNICIPAL residents
shall be confidential and will not be released by the County except as required by law or court
order.
6.7 The COUNTY shall provide educational support for the Program.
7. MUNICIPALITY’S RESPONSIBILITIES
7.1 Upon approval of this agreement, The MUNICIPALITY shall appoint a MUNICIPAL AGENT to the
NO HAZ BOARD to represent its interests. This Board member shall be available to assist the
COUNTY, as necessary, in the administration of the program within the MUNICIPALITY.
7.2 Each MUNICIPALITY with a population of 30,000 or less is required to provide a MUNICIPAL
AGENT at each of the four collection events. Each MUNICIPALITY with a population of 30,001 or
more is required to provide two MUNICIPAL AGENTS at each of the four collection events. In the
event that a MUNICIPALITY fails to supply the required MUNICIPAL AGENTS at each collection
event, the MUNICIPALITY will be assessed the following fees: A MUNICIPALITY that had 75
participants or less at the 2008 NO HAZ events will be assessed $50.00 per collection event in
2009. A MUNICIPALITY that had 76-300 total participants at the 2008 NO HAZ events will be
assessed $125.00 per collection event in 2009. A MUNICIPALITY that had 301 or more total
participants at the 2008 NO HAZ events will be assessed $250.00 per collection event in 2009.
In the event a MUNICIPALITY was not a member of the NO HAZ Consortium in the 2008
program, and does not supply the required MUNICIPAL AGENTS at each collection event, the
MUNICIPALITY will be assessed as follows: A MUNICIPALITY with a population of 10,000 or less
will be assessed $50.00 per collection event. A MUNICIPALITY with a population between 10,001
and 50,000 will be assessed $125.00 per collection event. A MUNICIPALITY with a population
over 50,000 will be assessed $250.00 per collection event. 2000 census figures will be used to
determine the population of each MUNICIPALITY. Each MUNICIPALITY will do its best to provide
the required MUNICIPAL AGENTS at each collection event, as many workers are needed to
make the collection events run smoothly.
7.3 The MUNICIPAL AGENT shall assist the COUNTY and HAZARDOUS WASTE VENDOR in the
set-up and operation of hazardous waste collection events. Such assistance may include the
provision of MUNICIPAL AGENTS to oversee traffic control, greeting residents and administering
the surveys, and taking donations.
7.4 At each collection event, MUNICIPAL AGENTS shall have each program participant fill out the
survey provided by the COUNTY. These surveys shall be given to the COUNTY for purposes of
calculating HAZARDOUS WASTE COLLECTION COSTS for participating MUNICIPALITIES.
7.5 The MUNICIPALITY further agrees that no MUNICIPALITY AGENT, either as a result of or
arising out of any act(s) by a MUNICIPALITY AGENT in the performance of any duty under this
AGREEMENT, shall be considered to be a COUNTY employee or COUNTY AGENT. The
MUNICIPALITY agrees that it shall be solely and completely liable for any and all MUNICIPALITY
AGENTS’ past, present, or future wages, compensation, overtime wages, expenses, fringe
benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/ or other allowances of reimbursements of any kind, including, but not
limited to, workers’ disability compensation benefits, unemployment compensation, Social
Security Act protections and benefits, any employment taxes and/or any other statutory or
contractual right or benefit based on or in any way related to any MUNICIPALITY AGENT’S
employment status or any alleged violation of any MUNICIPALITY AGENT’S statutory,
contractual, constitutional or civil rights by the MUNICIPALITY, the COUNTY or any COUNTY
AGENT. The MUNICIPALITY agrees to indemnify and hold harmless the COUNTY from and
against any and all CLAIM(S) which are imposed upon, incurred by, or which are based upon,
result from, or arise from, or are in any way related to any MUNICIPALITY AGENT’S wages,
compensation, benefits or other employment-related or based rights, including, but not limited to,
those described in this Paragraph.
7.6 Neither the MUNICIPALITY nor the COUNTY is responsible for handling or disposing of
household hazardous waste. This function will be performed solely by the HAZARDOUS WASTE
VENDOR.
8. FINANCIAL RESPONSIBILITIES
8.1 The COUNTY, subject to the terms of this AGREEMENT, will advance such funds as are
necessary to pay the HAZARDOUS WASTE COLLECTION COSTS and ADMINISTRATIVE
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COSTS of the PROGRAM. The MUNICIPALITY shall repay the COUNTY in the following
manner.
8.2 The MUNICIPALITY shall repay the COUNTY a percentage of the total ADMINISTRATIVE COST
of the PROGRAM. The MUNICIPALITY’S share of administrative costs under the program shall
be the sum total of two different calculations. The first calculation, based upon MUNICIPAL
population figures, represents half of the MUNICIPALITIES share of ADMINISTRATIVE COSTS
under the program. This figure shall be based upon total MUNICIPAL population compared to
the overall population of participating MUNICIPALITIES program-wide. For purposes of
illustration without limitation, if the MUNICIPALITY consists of 1,000 residents and there are a
total of 10,000 MUNICIPAL residents served program-wide, then the MUNICPALITY would pay
10 (ten) percent of this half of the PROGRAM’S total ADMINISTRATIVE COST. The second half
of the MUNICIPALITY’S total ADMINISTRATIVE COST shall be the percentage of total
MUNICIPAL participation compared to the overall participation of residents program-wide. For
purposes of illustration without limitation, if 1,000 MUNICIPAL residents participate in the program
and there are a total of 10,000 MUNICIPAL residents participating program-wide, then the
MUNICIPALITY would pay 10 (ten) percent of this half of the ADMINISTRATIVE COST.
8.2.1 If a MUNICIPALITY hosts a hazardous waste collection event as part of this program on
municipally owned property, the MUNICIPALITY shall be reimbursed by the COUNTY out of
the program’s administrative budget. The amount of money provided to reimburse a
MUNICIPALITY for hosting a collection event shall be a set amount and will be determined
by the NO HAZ BOARD. Any expenses incurred by a MUNICIPALITY which are beyond the
amount determined by the NO HAZ BOARD to be appropriate for a collection event shall be
the sole responsibility of the MUNICIPALITY.
8.3 The MUNICIPALITY shall also repay the COUNTY a portion of the HAZARDOUS WASTE
COLLECTION COSTS. The HAZARDOUS WASTE COLLECTION COSTS will be all costs paid
by the COUNTY to the HAZARDOUS WASTE VENDOR for collecting and disposing of a
MUNICIPAL resident’s hazardous waste material. The MUNICIPALITY may cap its HAZARDOUS
WASTE COLLECTION COSTS by limiting the number of MUNICIPAL residents that may
participate in collection events. The MUNICIPALITY shall advise the COUNTY of any such
limitation upon MUNICIPAL resident participation.
8.4 The COUNTY shall submit an invoice to the MUNICIPALITY itemizing all amounts due under this
AGREEMENT for its share of ADMINISTRATIVE and HAZARDOUS WASTE COLLECTION
COSTS. The MUNICIPALITY shall pay the invoice submitted to the COUNTY within thirty (30)
days after receipt of the invoice.
8.5 Except as expressly provided in this AGREEMENT, the COUNTY is not responsible for any cost,
fee, fine or penalty incurred by the MUNICIPALITY in connection with this AGREEMENT.
8.6 MUNICIPALITY’S Failure to Pay
8.6.1 To the maximum extent provided by law, should the MUNICIPALITY fail, for any reason, to
timely pay the COUNTY the amounts required under this AGREEMENT, the COUNTY
Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from
Delinquent Tax Revolving Fund (“DTRF”) or any other source of funds due the
MUNICIPALITY in the possession of the COUNTY, to partially or completely offset any
deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall
be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the
MUNICIPALITY waives any CLAIMS against the COUNTY, or its officials, for any such
amounts paid to the COUNTY.
8.6.2 To the maximum extent provided by law, should the MUNICIPALITY fail, for any reason, to
timely pay the COUNTY the amounts required under this AGREEMENT, the
MUNICIPALITY agrees that upon notice from the Oakland COUNTY Treasurer to the
Treasurer of the State of Michigan (or any other State of Michigan official authorized to
disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any
funds due the MUNICIPALITY from the State, and assign those funds to partially or
completely offset any deficiency by the MUNICIPALITY to the COUNTY. Such funds shall
be paid directly to the COUNTY. Further, the MUNICIPALITY waives any CLAIMS against
the State or COUNTY, or their respective officials, for any such amounts paid to the
COUNTY.
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8.6.3 Neither of these provisions shall operate to limit in any way the COUNTY’S right to pursue
any other legal remedies against the MUNICIPALITY for the reimbursement of amounts
due the COUNTY under this AGREEMENT. The remedies in this paragraph are available
to the COUNTY on an ongoing and successive basis, as the MUNICIPALITY becomes
delinquent in its payments.
9. MUNICIPALITY INDEMNIFICATION OF COUNTY.
9.1 Unless prohibited by law, the MUNICIPALITY agrees to indemnify, defend, and hold harmless the
COUNTY and/or any COUNTY AGENT from any CLAIM(S), loss, or damage connected to or
resulting from any work done by the MUNICIPALITY and/or any MUNICIPALITY AGENT’S under
this AGREEMENT, unless such loss or damage is caused by the MUNICIPALITY and/or
MUNICIPALITY AGENTS following direct instructions from COUNTY AGENT(S).
10. HAZARDOUS WASTE VENDOR INDEMNIFICATION OF THE MUNICIPALITY.
10.1 The COUNTY shall seek the following indemnification for participating MUNICIPALITIES within
the HAZARDOUS WASTE VENDOR CONTRACT:
10.1.1 “The Contractor will protect, defend and indemnify all Municipalities participating in the
North Oakland County Household Hazardous Waste Program, together with their officers,
agents, servants, volunteers, and employees from any and all liabilities, claims, liens,
demands, and costs, of whatever kind and nature which may result in injury or death to
any persons, and for loss or damage to any property, including property owned or in the
care, custody or control of participating MUNICIPALITIES in connection with or in any way
incident to or arising out of the occupancy, use, service operations, performance, or non-
performance of work in connection with this contract resulting in whole or in part from
negligent acts or omissions of Contractor, any sub-contractor, or any employee, agent or
representative of the Contractor or subcontractor.
11. LENGTH OF AGREEMENT. This AGREEMENT shall remain in effect for one year after the effective
date of the HAZARDOUS WASTE VENDOR CONTRACT or until cancelled or terminated by either
Party pursuant to Section 12 below. If the MUNICIPALITY terminates this AGREEMENT after the
program has commenced but before the expiration of the HAZARDOUS WASTE VENDOR
CONTRACT, it shall nevertheless remain liable for its share of the ADMINISTRATIVE and
HAZARDOUS WASTE COLLECTION COSTS for the one-year term of the Agreement.
12. COMMENCEMENT OF AGREEMENT. This agreement shall not become binding upon either party
until such time as the COUNTY becomes contractually obligated or owing to a HAZARDOUS WASTE
VENDOR. Thirty (30) calendar days before the COUNTY becomes contractually obligated to the
HAZARDOUS WASTE VENDOR, the COUNTY will send a copy of the proposed HAZARDOUS
WASTE VENDOR contract, to the MUNICIPALITY for review. Along with a copy of the proposed
HAZARDOUS WASTE VENDOR CONTRACT, the COUNTY will also send written notice to the
MUNICIPALITY of its estimated ADMINISTRATIVE and HAZARDOUS WASTE VENDOR COSTS
under the program. If the MUNICIPALITY concludes, in its sole discretion, that the cost of the
program is too high or that indemnification and/or insurance specifications within the HAZARDOUS
WASTE VENDOR CONTRACT are inadequate, the MUNICIPALITY shall notify the COUNTY, in
writing, within 45 calendar days of the date of the COUNTY’S notice regarding costs of the program
that it will not participate in the program. The MUNICIPALITY’S participation shall be cancelled upon
the timely receipt of such notice. After the 45 calendar days notice period has expired under this
section, the parties may only terminate this agreement as provided in Section 13 of this Agreement.
12.1 The COUNTY reserves the right, at any time before it becomes contractually obligated to the
HAZARDOUS WASTE VENDOR, to unilaterally cancel this agreement if it determines, in its sole
discretion, that the number of participating MUNICIPALITIES is too small to economically
support the cost of this program.
13. TERMINATION OR CANCELLATION OF AGREEMENT. Once the agreement commences (as
described in section 12 above) and the COUNTY becomes contractually obligated to the
HAZARDOUS WASTE VENDOR, the parties may only terminate this AGREEMENT as provided
below:
13.1 Either Party may terminate or cancel this AGREEMENT for any reason upon thirty (30) days'
notice. The effective date for termination or cancellation shall be clearly stated in the notice. If
the MUNICIPALITY terminates this AGREEMENT after commencement of the program, it shall
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156
nevertheless remain liable for its share of the ADMINISTRATIVE COSTS and HAZARDOUS
WASTE COLLECTION COSTS for the term of this Agreement.
13.2 The COUNTY may cancel this AGREEMENT at any time should the MUNICIPALITY “default” on
any obligation under this AGREEMENT. “Default” is defined as the failure of the MUNICIPALITY
and/or any MUNICIPALITY AGENT to fulfill any MUNICIPALITY obligations under this
AGREEMENT. If time permits, but not otherwise, upon default, the COUNTY shall notify the
MUNICIPALITY in writing of any default and provide the MUNICIPALITY with an opportunity to
correct the situation. If after a reasonable period to cure the default, the MUNICIPALITY has not
corrected the circumstances giving rise to the notice, the COUNTY may cancel this
AGREEMENT and terminate the MUNICIPALITY’S further participation in this program.
14. SUSPENSION OF SERVICES. Upon notice to the MUNICIPALITY and the NO HAZ ADVISORY
BOARD the COUNTY may immediately suspend this AGREEMENT if the MUNICIPALITY has failed
to reasonably comply, within the COUNTY’S sole discretion, with federal, state, or local law, or any
requirements contained in this AGREEMENT. The right to suspend services is in addition to the right
to terminate or cancel this AGREEMENT contained in Section 13. The COUNTY shall not incur
penalty, expense, or liability if services are suspended under this Section.
15. LIMITATION OF LIABILITY. Except as expressly provided otherwise in this AGREEMENT, in no
event shall either party be liable for any indirect, incidental, special or consequential damages, or
damages incurred by the other party whether in any action in contract or tort, whether or not the other
Party has been advised of the possibility of such damages. The COUNTY’S liability for any damages
hereunder shall in no event exceed the total HAZARDOUS WASTE COLLECTION COSTS paid by
the MUNICIPALITY to the COUNTY. This AGREEMENT is intended to allocate the risks between the
COUNTY and the MUNICIPALITY, and the Parties agree that the allocation of each Party’s efforts,
costs, and obligations under this AGREEMENT reflect this allocation of risk and the limitations of
liability specified herein.
15.1 The COUNTY will use its best efforts and judgment in selecting a qualified and reputable
HAZARDOUS WASTE VENDOR for this program. The MUNICIPALITY agrees to waive any
CLAIM(S) or liability against the COUNTY for any material defects, errors, mistakes, negligence,
or omissions in the bid specifications, the bid procedure, the bid award process, the
HAZARDOUS WASTE VENDOR contract negotiation process, the preparation or execution of
the HAZARDOUS WASTE VENDOR contract, or any other errors or mistakes of fact by the
COUNTY in the selection of the HAZARDOUS WASTE VENDOR. The MUNICIPALITY agrees
that at all times and for all purposes under this AGREEMENT, the HAZARDOUS WASTE
VENDOR relationship to the COUNTY shall be that of an Independent Contractor and not a
COUNTY AGENT as defined herein. The MUNICIPALITY hereby agrees to waive any CLAIM(S)
or liability against the COUNTY based in any manner upon any act or omission of the
HAZARDOUS WASTE VENDOR.
16. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
AGREEMENT does not and is not intended to create any obligation, duty, promise, contractual right
or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
17. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes,
ordinances, regulations, administrative rules, and requirements applicable to its activities performed
under this AGREEMENT, including, but not limited to, the policies, procedures, rules and regulations
attached as Exhibits to this AGREEMENT, and properly promulgated amendments to those Exhibits.
18. DISCRIMINATION. The Parties shall not discriminate against their employees, AGENTS, applicants
for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and
privileges of employment, or any matter directly or indirectly related to employment in violation of any
federal, state or local law.
19. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this AGREEMENT, all licenses, permits, certificates, and governmental
authorizations necessary to perform all its obligations under this AGREEMENT. Upon request, a
Party shall furnish copies of any permit, license, certificate or governmental authorization to the
requesting Party.
Commissioners Minutes Continued. March 26, 2009
157
20. RESERVATION OF RIGHTS. This AGREEMENT does not, and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, or immunity of the Parties.
21. FORCE MAJEURE. Each Party shall be excused from any obligations under this AGREEMENT
during the time and to the extent that a Party is prevented from performing due to causes beyond
such Party’s control, including, but not limited to, an act of God, war, acts of government (other than
the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other
circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
22. IN-KIND SERVICES. This AGREEMENT does not authorize any in-kind services, unless previously
agreed to by the Parties and specifically listed herein.
23. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or
assign any obligations or rights under this AGREEMENT without the prior written consent of the other
Party. A delegation, subcontract and/or assignment made without the prior written consent of the
other Party is void.
24. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this AGREEMENT shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this AGREEMENT. No waiver of any term, condition,
or provision of this AGREEMENT, whether by conduct or otherwise, in one or more instances, shall
be deemed or construed as a continuing waiver of any term, condition, or provision of this
AGREEMENT. No waiver by either Party shall subsequently affect its right to require strict
performance of this AGREEMENT.
25. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this AGREEMENT
to be illegal or invalid, then the term, or condition, shall be deemed severed from this AGREEMENT.
All other terms, conditions, and provisions of this AGREEMENT shall remain in full force.
26. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this AGREEMENT are intended for the convenience of the reader and are
not intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this AGREEMENT. Any use of the singular or plural number,
any reference to the male, female, or neuter genders, and any possessive or non-possessive use in
this AGREEMENT shall be deemed the appropriate plurality, gender or possession as the context
requires.
27. NOTICES. Notices given under this AGREEMENT shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and
addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent
express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S.
mail.
27.1 If Notice is sent to the COUNTY, it shall be addressed and sent to: Oakland County Waste
Resource Management, 2100 Pontiac Lake Road, Bldg. 41W, Waterford, MI 48328-0409 and
Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac,
Michigan 48341.
27.2 If Notice is sent to the MUNICIPALITY, it shall be addressed to:
__________________________________________________________
27.3 Either Party may change the address and/or individual to which Notice is sent by notifying the
other Party in writing of the change.
28. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This AGREEMENT shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any CLAIM arising
under or related to this AGREEMENT shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court.
Except as otherwise required by law or court rule, venue is proper in the courts set forth above.
29. AGREEMENT APPROVAL AND AMENDMENT:
29.1 This AGREEMENT shall not become effective prior to the approval by concurrent resolutions of
the County Board of Commissioners and the governing Legislative Body of the MUNICIPALITY.
Commissioners Minutes Continued. March 26, 2009
158
The approval and terms of this AGREEMENT shall be entered in the official minutes and
proceedings of the County Board of Commissioners and governing Legislative Body of the
MUNICIPALITY and shall also be filed with the office of the Clerk for the County and the
MUNICIPALITY. In addition, this AGREEMENT, and any subsequent amendments, shall be
filed with the Secretary of State for the State of Michigan by the COUNTY and shall not become
effective or implemented prior to its filing with the Secretary of State.
29.2 Except as expressly provided herein, this AGREEMENT may be amended only by concurrent
written resolutions of the County Board of Commissioners and the governing Legislative Body of
the MUNICIPALITY. This AGREEMENT shall not be changed, supplemented, or amended
except as provided for herein, and no other act, verbal representation, document, usage, or
custom shall be deemed to amend or modify this AGREEMENT.
30. ENTIRE AGREEMENT. This AGREEMENT constitutes the complete and entire AGREEMENT
between the COUNTY and MUNICIPALITY and fully supersedes any and all prior AGREEMENTS or
contemporaneous representations or understandings, verbal or oral, between them concerning and in
any way related to the subject matter of this AGREEMENT. It is further agreed that the terms and
conditions herein are contractual and are not a mere recital and that are no other AGREEMENTS,
understandings, contracts, or representations between the MUNICIPALITY and the COUNTY in any
way related to the subject matter hereof, except as expressly stated herein.
31. CONCLUSION: For and in consideration of the mutual promises, acknowledgements and
representations set forth in this AGREEMENT, and for other good and valuable consideration, the
adequacy of which is hereby acknowledged, the COUNTY and MUNICIPALITY hereby agree to be
bound by the above terms and provisions.
IN WITNESS WHEREOF, _______________ hereby acknowledges that he has been authorized by a
resolution of the________________________________, a certified copy of which is attached, to execute
this AGREEMENT on behalf of the MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to
the terms and conditions of this AGREEMENT.
EXECUTED: ______________________________ DATE:______________
WITNESSED: ______________________________ DATE:______________
IN WITNESS WHEREOF, the Chairperson of the Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this AGREEMENT on behalf of the
County of OAKLAND and hereby accepts and binds the COUNTY to the terms and conditions of this
AGREEMENT.
EXECUTED: _____________________________ DATE: ______________
Chairperson - Oakland County Board of Commissioners
WITNESSED:_____________________________ DATE:_______________
Ruth Johnson - Clerk, Register of Deeds, County of Oakland
Copy of Exhibit A – 2009 Projected NO HAZ Budget and Exhibit B – 2009 Projected NO HAZ Costs by
Community on file in County Clerk’s office.
FISCAL NOTE (MISC. #09049)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - WASTE
RESOURCE MANAGEMENT – APPROVAL OF 2009 NO HAZ INTERLOCAL AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Oakland County has facilitated the creation of the North Oakland Household Hazardous Waste
Consortium (NO HAZ) to provide household hazardous waste collection services to residents of
northern Oakland County.
2. The resolution approves the 2009 NO HAZ Interlocal Agreement and authorizes the Chairperson
of the Board of Commissioners to sign the Agreement with all municipalities who have signed the
Interlocal Agreement and passed a resolution in support thereof.
Commissioners Minutes Continued. March 26, 2009
159
3. The Interlocal Agreement requires participating municipalities to fully reimburse the County for all
costs incurred in connection with the NO HAZ Program.
4. The FY 2009 Budget includes revenue estimates and expenditure appropriations for the 2009 NO
HAZ Program.
5. No General Fund/General Purpose amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
*MISCELLANEOUS RESOLUTION #09064
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – SUPPORT FOR APPLICATION TO THE
MICHIGAN NATURAL RESOURCES TRUST FUND FOR THE OAKLAND COUNTY PARKS AND
RECREATION NATURAL AREA ACCESSIBILITY IMPROVEMENTS AT HIGHLAND, LYON, RED AND
ROSE OAKS COUNTY PARKS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission has been notified that applications for
the Michigan Natural Resources Trust Fund may be submitted for the 2009 funding cycle; and
WHEREAS the Oakland County Parks and Recreation Commission has resolved on February 11, 2009 to
submit an application for the Natural Area Accessibility Improvements at Highland, Lyon, Red and Rose
Oaks County Parks development grant; and
WHEREAS the Oakland County Parks and Recreation Commission has the required grant match funds
available to expand the development of park facilities; and
WHEREAS the purpose of said grant is to provide access to open space, facilities and recreational
opportunities for all residents of Oakland County; and
WHEREAS the grant meets the goals and objectives of the Oakland County Recreational Master Plan
Update – 2007; and
WHEREAS the grant agency requires a resolution from the Governing Body in support of the application.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Parks and Recreation Commission to submit said grant application as stated above, with said monies for
this project to come from Parks and Recreation funds and funds awarded as a result of this grant
application.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant Review Sign Off – Parks & Recreation, Resolution in Support of the Application for a
Michigan Natural Resources Trust Fund Development Grant for the Oakland County Parks and
Recreation and Michigan Natural Resources Trust Fund 2009 Grant Application on file in County Clerk’s
office.
FISCAL NOTE (MISC. #09064)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - SUPPORT FOR GRANT APPLICATION TO THE
MICHIGAN NATURAL RESOURCES TRUST FUND FOR THE OAKLAND COUNTY PARKS AND
RECREATION NATURAL AREA ACCESSIBILITY IMPROVEMENTS AT HIGHLAND, LYON, RED AND
ROSE OAKS COUNTY PARKS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. The purpose of the grant application is to secure funding to provide access to open space,
facilities and recreational opportunities for all residents of Oakland County.
2. The development grant application requests funding in the amount of $700,000, with $308,000
(44%) in State Funds and $392,000 (56%) in local match coming from the ¼ mil Oakland County
Commissioners Minutes Continued. March 26, 2009
160
Parks and Recreation Fund revenues.
3. The Oakland County Parks and Recreation Commission approved support for this application on
February 11, 2009.
4. The application is due by April 1, 2009.
5. The grant funding period is from April 1, 2009 through December 31, 2009.
6. The grant agency requires a resolution be approved by the Board of Commissioners to authorize
the application for funding.
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
*MISCELLANEOUS RESOLUTION #09065
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING FIRST AMENDMENT TO INDENTURE OF TRUST (STRAITH HOSPITAL FOR SPECIAL
SURGERY PROJECT) - CITY OF SOUTHFIELD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on June 14, 2007, the Economic Development Corporation of the County of Oakland (“EDC”)
issued $9,570,000 principal amount of Variable Rate Demand Development Revenue Bonds, Series 2007
(Straith Hospital for Special Surgery Project) (the “Bonds”) for the benefit of Straith Hospital for Special
Surgery, a nonprofit corporation doing business in Oakland County (the “Hospital”); and
WHEREAS the Bonds were secured by a letter of credit issued by Citizens Bank; and
WHEREAS because of the precipitous decline in market conditions, the Bonds have been tendered for
repurchase by their owners to the Trustee for the Bondholders and were paid for by a draw on the
Citizens Bank letter of credit; and
WHEREAS the Hospital has reported that the most economic means by which the Bonds can be sold
back into the public marketplace is to secure them with a letter of credit to be issued by the Federal Home
Loan Bank of Indianapolis (“FHLBI”), whose national rating is “AAA”, the highest rating possible; and
WHEREAS the substitution of the FHLBI letter of credit for the Citizens Bank letter of credit will require
certain amendments (collectively, the “First Amendment”) to the Indenture of Trust pursuant to which the
Bonds were originally issued (the “Indenture”) and to the Bond form itself, in each case principally to
extend the maturity of the Bonds by over five years, from June 1, 2034, to October 1, 2039; and
WHEREAS in connection with the First Amendment, a copy of which has been presented to this meeting,
the Board of Commissioners is required by federal income tax law to hold a public hearing with respect to
such First Amendment; and
WHEREAS the Board of Commissioners has held a public hearing regarding the proposed First
Amendment to the Indenture.
NOW THEREFORE BE IT RESOLVED that the proposed First Amendment to the Indenture, substantially
in the form presented to this meeting, is hereby approved, including such changes or additions to such
form as the officers of the EDC executing the same may deem necessary or advisable, and that the
execution of such document by such officers of the EDC shall be conclusive evidence of their
determination in that respect.
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 EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Straith Hospital for Special Surgery City of Southfield on file in County Clerk’s office.
(The vote for this motion appears on page 165.)
Commissioners Minutes Continued. March 26, 2009
161
*REPORT (MISC. #09066)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – CREATION OF THE RESULTS BREATH ALCOHOL AND DRUG
TESTING PILOT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above-titled resolution on March 18, 2009
recommends the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #09066
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – CREATION OF THE RESULTS BREATH ALCOHOL AND DRUG
TESTING PILOT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS due to the County’s projected budget shortfalls, the Community Corrections Division is
restructuring their program offerings; and
WHEREAS the service provided by the Results program is the furthest from the core mission of
Community Corrections; and
WHEREAS the Oakland County Sheriff’s Office has agreed to assume the operation of the Results
Breath Alcohol and Drug Testing Program on a pilot basis; and
WHEREAS the Sheriff’s Office forensic lab has experience in this area, and there may be opportunities
for increased revenue not currently available to Community Corrections; and
WHEREAS the pilot program will continue operating two collection sites during weekdays and one site on
weekends and holidays; and
WHEREAS this effort will require the creation of one (1) GF/GP full-time eligible (FTE) Chemist Assistant,
salary grade seven, in the Investigative & Forensic Services Division/Forensic Lab; five (5) GF/GP full-
time non-eligible (FTNE) and two (2) GF/GP PTNE Court Deputy I positions; two (2) GF/GP FTNE; and
two (2) GF/GP PTNE Office Assistant I positions in the Corrective Services-Satellite Division/Work
Release in the Sheriff’s Office; and
WHEREAS this proposal also involves the creation of one (1) GF/GP Forensic Toxicologist Chemist in the
Sheriff’s Office/Investigative & Forensic Services/Forensic Laboratory Unit; and
WHEREAS to offset costs associated with the proposed new positions the Sheriff is proposing to
establish Preliminary Breath Alcohol and drug testing fees; and
WHEREAS the rate per Preliminary Breath Test (PBT) of $4 per test and $15 per Drug Test will cover
program expenditures.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the creation of the
operation of the Results Breath and Drug Testing Program in the Sheriff’s Office on a pilot basis.
BE IT FURTHER RESOLVED that the following positions be created in the Sheriff’s Office:
One (1) GF/GP FTE Chemist Assistant position in the Investigative & Forensic Services/Forensic
Laboratory Unit; five (5) GF/GP FTNE 2,080 hrs./yr. Court Deputy I positions; two (2) GF/GP PTNE 1,240
hrs./yr. Court Deputy I positions; two (2) GF/GP FTNE 2,080 hrs./yr Office Assistant I positions; and two
(2) GF/GP PTNE 1,140 hrs./yr. Office Assistant I positions in the Corrective Services-Satellite/Work
Release Unit.
BE IT FURTHER RESOLVED that one (1) GF/GP Forensic Toxicologist Chemist position be created in
the Sheriff’s Office/Investigative & Forensic Services/Forensic Laboratory Unit.
BE IT FURTHER RESOLVED that the Preliminary Breath Test (PBT) fee and Drug Test fee be
established.
BE IT FURTHER RESOLVED that the Sheriff’s Office report the results of the pilot program to the Public
Services, Human Resources and Finance Committees at the end or after six months of this pilot program.
BE IT FURTHER RESOLVED that the future level of service and continuation of the positions associated
with this program be contingent upon continuation of the program and future levels of funding.
Commissioners Minutes Continued. March 26, 2009
162
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #09066)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – CREATION OF THE RESULTS BREATH ALCOHOL AND DRUG
TESTING PILOT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Resolution authorizes the Oakland County Sheriff’s Office to assume the operation of the Results
Breath Alcohol and Drug Testing program on a pilot basis and to discontinue this function at the
Community Corrections Department.
2. The pilot program will continue operating two collection sites during weekdays and one site on
weekends and holidays.
3. With this transfer of this program the following positions will be created: one (1) FTE Forensic
Toxicologist Chemist, One (1) FTE Chemist Assistant, five (5) FTNE 2,080 hour Court Deputy I’s,
two (2) PTNE 1,240 hour Court Deputy I’s, two (2) FTNE Office Assistant I’s at 2,080 hours each,
and two (2) PTNE Office Assistant I’s at 1,140 hours each in the Sheriff’s General Fund/General
Purpose budget.
4. This action will become effective upon final approval by the Board of Commissioner on March 26,
2009.
5. The Sheriff’s Office General Fund/General Purpose budget will also be amended to recognize
annual revenues from Preliminary Breath Tests (PBT) of $257,660 per year (projected 64,415
tests per year @ $4 ea.), and Drug Tests of $396,720 per year (projected 26,448 tests per year
@ $15 ea.) for a total of $654,380 in annual revenues.
6. Also, the Sheriff’s expense budget will be increased $177,355 per year to cover contracted
services Drug Testing of $150,396; commodities budget for Material and Supplies of $25,056;
Office Supplies of $1,099; and internal services Print Shop of $804.
7. The net impact of revenues over expenses of $29,512 for FY 2010 will be credited against the
Sheriff’s Budget Task.
8. A budget amendment is recommended for FY 2009 and FY 2010 budgets as follows:
FY 2009 FY 2010
GENERAL FUND/GENERAL PURPOSE #10100
Revenues
4030901-116245-630563 Drug Testing $327,190 $654,380
Total Revenues $327,190 $654,380
Expenditures
4030901-116245-702010 Salary $ 46,250 $ 92,500
4030901-116245-722740 Fringe Benefits 26,038 52,078
4030401-116245-702010 Salary 145,502 291,003
4030401-116245-722740 Fringe Benefits 5,966 11,932
4030901-116245-730548 Drug Testing 75,198 150,396
4030901-116245-750294 Material & Supplies 12,528 25,056
4030901-116245-730399 Office Supplies 550 1,099
4030901-116245-776666 Print Shop 402 804
4030101-116245-740023 Budget Transition 14,756 29,512
Total Expenses $327,190 $654,380
FINANCE COMMITTEE
(The vote for this motion appears on page 165.)
Commissioners Minutes Continued. March 26, 2009
163
*REPORT (MISC. #09067)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: PUBLIC SERVICES DEPARTMENT - REORGANIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above-titled resolution on March 18, 2009
recommends the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #09067
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PUBLIC SERVICES DEPARTMENT - REORGANIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Executive has assigned new departmental budget tasks and declared a
triennial budget plan for fiscal years 2010, 2011 and 2012; and
WHEREAS in response to the weakened economy and budget shortfalls facing Oakland County, the
Public Services Department proposes a plan to reorganize and restructure two divisions within the
department; and
WHEREAS in order to meet its share of the County Executive triennial budget task, the Public Services
Department’s reorganization plan includes deleting the operation of the Results Breath Alcohol and Drug
Testing program in the Community Corrections Division; and
WHEREAS the Community Corrections Division is requesting to delete three (3) SR Community
Corrections Specialist II positions that are no longer funded by the Community Corrections
Comprehensive Plan Grant; and
WHEREAS Human Resources and Fiscal Services departments conducted a National Survey of Medical
Examiner Offices and its findings supports the deletion of seven (7) GF/GP full-time eligible positions
within the Medical Examiner’s Division; and
WHEREAS to ensure the same operation efficiencies and customer service loyalty received by the
citizens the department is requesting to create five (5) FTNE 2,000 hour/year GF/FP positions; and
WHEREAS the department also wishes to adjust operating expenses and revenues.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
reorganization of the Public Services Department as detailed below:
1. To delete the following full-time eligible positions within the Community Corrections Division/Pre-
Trial Services unit as follows:
Position Title Funding Department Position Number
Community Corrections Spec. II SR 1070402-07427
Community Corrections Spec. II SR 1070402-07430
Community Corrections Spec. II SR 1070402-07434
2. To delete the following full-time eligible GF/GP positions within the Medical Examiners
Division/Administration Unit as follows:
Position Title Department Position Number
Forensic Toxicology Chemist 1070601-10517
Family Service Counselor 1070601-09771
Histology Technician 1070601-09772
Autopsy Attendant 1070601-01209
MEO Assistant 1070601-03074
MEO Assistant 1070601-03125
MEO Assistant 1070601-09174
3. To create one (1) FTNE (2,000 hour/year) GF/GP Histology Technician position (1070601).
4. To create one (1) FTNE (2,000 hour/year) GF/GP Autopsy Attendant position (1070601).
5. To create three (3) FTNE (2,000 hour/year each) GF/GP MEO Assistant positions (1070601).
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. March 26, 2009
164
FISCAL NOTE (MISC. #09067)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PUBLIC SERVICES DEPARTMENT - REORGANIZATION
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 Public Services Department has proposed a plan to reorganize and restructure two divisions
within the department that will help them to meet their share of the County Executive budget task
for FY 2010. Credit will be accelerated for FY 2009 since the proposed changes will take effect
on March 28, 2009. The proposed reorganization will be built into the FY 2011 and 2012 County
Executive Recommended Budget.
2. The Community Corrections Division is requesting to delete the operation of the Results Breath
Alcohol and Drug Testing program and adjust operating expenses and revenues with that
program. They are also requesting to delete three (3) SR Community Corrections Specialist II
positions that are no longer funded by the Community Corrections Comprehensive Plan Grant.
3. The Medical Examiner’s Division is requesting the deletion of seven (7) GF/GP full-time eligible
positions, the creation of five (5) FTNE 2,000 hours per year GF/GP positions and an adjustment
in revenues associated with toxicology contracts.
4. The Department is also requesting to adjust operating expenses and revenues within the
Community Corrections and Medical Examiner’s Divisions.
5. A budget amendment for FY 2009 and 2010 is recommended as follows:
GENERAL FUND (#10100) FY 2009 FY 2010
Revenues
1070401-113140-630686 Fee Income (Co. Corr Results) ($ 21,000) ($156,000)
1070601-132030-632079 Service Fees (ME Admin.) ( 80,000) ( 80,000)
Total Revenues ($101,000) ($236,000)
Expenditures
1070601-132030-702010 Salaries Reg. (ME Admin.) ($ 32,711) ($ 63,943)
1070601-132030-722750 Worker’s Compensation ( 24) ( 45)
1070601-132030-722760 Group Life ( 324) ( 634)
1070601-132030-722770 Retirement ( 37,468) ( 73,247)
1070601-132030-722780 Hospitalization ( 20,200) ( 39,488)
1070601-132030-722790 Social Security ( 8,210) ( 16,049)
1070601-132030-722800 Dental ( 2,043) ( 3,994)
1070601-132030-722810 Disability ( 537) ( 1,050)
1070601-132030-722820 Unemployment Insurance ( 67) ( 130)
1070601-132030-722850 Optical ( 226) ( 442)
1070601-135040-702010 Sal. Reg. (ME Fam Counsel) ( 31,242) ( 61,075)
1070601-135040-722750 Worker’s Compensation ( 74) ( 144)
1070601-135040-722760 Group Life ( 81) ( 159)
1070601-135040-722760 Retirement ( 9,675) ( 18,913)
1070601-135040-722780 Hospitalization ( 4,774) ( 9,633)
1070601-135040-722790 Social Security ( 2,390) ( 4,672)
1070601-135040-722800 Dental ( 382) ( 747)
1070601-135040-722810 Disability ( 135) ( 263)
1070601-135040-722820 Unemployment Insurance ( 62) ( 122)
1070601-135040-722850 Optical ( 56) ( 109)
1070401-113140-712020 Overtime (Co. Corr. Results) ( 0) ( 10,000)
1070401-113140-730548 Drug Testing ( 20,062) ( 100,000)
1070401-113140-750294 Materials and Supplies ( 12,165) ( 20,500)
1070401-113140-750399 Office Supplies ( 550) ( 1,200)
1070101-132020-740023 Budget Transition (PS Admin) 82,458 190,559
Total Expenditures ($ 101,000) ($ 236,000)
Total General Fund $ -0- $ -0-
FINANCE COMMITTEE
Commissioners Minutes Continued. March 26, 2009
165
Vote on Consent Agenda:
AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
Chairperson Bill Bullard, Jr. stated that the items from the Planning and Building Committee would be
moved before the Finance Committee items on the Regular Agenda, as Commissioner Scott had to leave
to attend a funeral.
FISCAL REPORT (MISC. #09051)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION –
REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE OAKLAND COUNTY 4-H FAIR
ASSOCIATION FOR USE OF BUILDING E/ADMINISTRATION BUILDING, SPRINGFIELD OAKS
COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. Estimated annual utility costs are $15,000 for the specified buildings and grounds.
2. The 3rd Whereas paragraph be changed as follows: WHEREAS under the terms and conditions of
the attached Lease Agreement, the Oakland County 4-H Fair Association will occupy Building E
located at 12451 Andersonville Road, Davisburg, MI for a period of one year. In recognition of
the prior capital investment of the 4-H Association and the Association’s commitment to pay
utilities of approximately $55,000 $15,000 a year, which equates to the equivalent of rent at $10 a
square foot, rent will not be paid, but tenant shall pay utilities for buildings and grounds located at
12451 Andersonville Road, Davisburg, Michigan 48350, including Building E, The Ellis Barn, the
Oaks Barn, the Miracle of Birth, the Septic System, the new Campground (2007), the Fairground
Pit, and the parking lights in the field. Utilities shall include electrical services, telephone and fax
service, internet service gas (natural and propane) services and water services. The lease will be
automatically renewed for four additional one-year terms upon expiration of the initial term. The
lease may be terminated by either party for any reason.
3. The Finance Committee recommends that the lease which was revised March 11, 2009 be
attached to the resolution. Corporation Counsel updated the lease to reflect the Oakland
Conservation District’s decision to lease space elsewhere and therefore removed section 7.4
from the lease.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #09051
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION–
REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE OAKLAND COUNTY 4-H FAIR
ASSOCIATION FOR USE OF BUILDING E/ADMINISTRATION BUILDING, SPRINGFIELD OAKS
COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Springfield Oaks County Park; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accepts and
approves the terms and conditions of the attached Lease Agreement between the County of Oakland and
the Oakland County 4-H Fair Association, a non-profit organization; and
WHEREAS under the terms and conditions of the attached Lease Agreement, the Oakland County 4-H
Commissioners Minutes Continued. March 26, 2009
166
Fair Association will occupy Building E located at 12451 Andersonville Road, Davisburg, Michigan for a
period of one year. In recognition of the prior capital investment of the 4-H Fair Association and the
Association’s commitment to pay utilities of approximately $55,000 a year, which equates to the
equivalent of rent at $10 a square foot, rent will not be paid, but tenant shall pay utilities for buildings and
grounds located at 12451 Andersonville Road, Davisburg, Michigan, 48530, including Building E, the Ellis
Barn, the Oaks Barn, the Miracle of Birth, the Septic System, the new Campground (2007), the
Fairground Pit, and the parking lights in the field. Utilities shall include electrical services, telephone and
fax service, internet service, gas (natural and propane) services, and water services. The lease will be
automatically renewed for four additional one-year terms upon expiration of the initial term. The lease
may be terminated by either party for any reason; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement for Building E/Administration Building at 12451 Andersonville
Road, Davisburg, Michigan between the County of Oakland and Oakland County 4-H Fair Association, a
non-profit organization.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and the Oakland County 4-H Fair Association, a non-profit organization,
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 Building Lease Between Oakland County and Oakland County 4-H Fair Association, Exhibit A –
Building “E” Floor Plan, and Exhibit C – Springfield Oaks Administrative Office (Building E) Custodial
Guidelines on file in County Clerk’s office.
FISCAL NOTE (MISC. #09051)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION –
REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE OAKLAND COUNTY 4-H FAIR
ASSOCIATION FOR USE OF BUILDING E/ADMINISTRATION BUILDING, SPRINGFIELD OAKS
COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. Parks and Recreation Commission agreed to a lease agreement with the Oakland County 4-H
Fair Association for buildings and grounds at Springfield Oaks for a period commencing March 1,
2009 through September 30, 2010.
2. The lease will be automatically renewed annually for up to four years after the initial lease period.
3. Estimated annual utility costs are $15,000 for the area.
4. In lieu of rent, the 4-H Fair Association agrees to pay the following utilities directly: electrical,
telephone and fax, internet, natural gas, propane and water service.
5. Payment of utilities by the 4-H Fair Association will not impact the General Fund or the Parks and
Recreation Fund, therefore no budget amendments are recommended.
FINANCE COMMITTEE
Moved by Scott supported by Burns the resolution (with fiscal note attached) be adopted.
Moved by Scott supported by Burns the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Commissioners Minutes Continued. March 26, 2009
167
Moved by Scott supported by Burns 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: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott,
Woodward, Zack, Bullard, Burns. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
REPORT (MISC. #09068)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY &
HOME IMPROVEMENT DIVISION – 2008 NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
GRANT ACCEPTANCE AND SUBSTANTIAL AMENDMENT TO THE 2008 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above-titled resolution on March 18, 2009
recommends the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #09068
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY &
HOME IMPROVEMENT DIVISION – 2008 NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
GRANT ACCEPTANCE AND SUBSTANTIAL AMENDMENT TO THE 2008 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS federal grant funding for the Neighborhood Stabilization Program (NSP) is authorized
pursuant to Emergency Assistance for the Redevelopment of Abandoned and Foreclosed Homes Under
the Housing and Economic Recovery Act (HERA), 2008 (H.R. 3221, Title III, Division B) (P.L.110-289
approved July 30, 2008) and allocated through the U.S. Department of Housing and Urban Development
(HUD); and
WHEREAS HUD awarded 2008 NSP funds totaling $17,383,776 to Oakland County as a substantial
amendment to the 2008 Community Development Block Grant (CDBG) Annual Action Plan; and
WHEREAS the Oakland County Board of Commissioners authorized submittal of the Oakland County
2008 NSP Substantial Amendment to HUD; and
WHEREAS the 2008 NSP Substantial Amendment approved by HUD reflects eligible activities that must
be targeted to areas of greatest need and contractually obligated within eighteen months and expended
within four years from the date of HUD’s execution of the grant agreement; and
WHEREAS total program revenue for the 2008 NSP Program is the federal grant allocation of
$17,383,776, and no County funds are required; and
WHEREAS fund schedules and program descriptions for the 2008 NSP program appear in attachment A;
and
WHEREAS the 2008 NSP Substantial Amendment includes a request for one new grant funded
Community & Home Improvement Specialist – Housing Counselor position to provide the federally-
mandated minimum of eight hours of pre and post purchase counseling for each homebuyer; and
Commissioners Minutes Continued. March 26, 2009
168
WHEREAS the NSP grant agreement has been reviewed by County Executive Departments through the
County grant process (M.R. #01320); and
WHEREAS acceptance of this grant does not obligate Oakland County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
Neighborhood Stabilization Program grant funding from the U.S. Department of Housing and Urban
Development in the amount of $17,383,776.
BE IT FURTHER RESOLVED that the 2008 Annual Action Plan and Consolidated Grant Acceptance be
amended to reflect the 2008 NSP Substantial Amendment of $17,383,776.
BE IT FURTHER RESOLVED that the NSP grant will fund one new Community & Home Improvement
Specialist to provide federally-mandated pre and post purchase counseling.
BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon
the level of Federal funding available for this program.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the
Board of Commissioners’ Chairperson and the County Executive to execute the grant agreements and to
approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with
the agreement as originally approved.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant Review Sign Off – Community & Home Improvement Division, Funding Approval and Grant
Agreement for Neighborhood Stabilization Program (NSP) Funds as Authorized and Appropriated Under
the Housing and Economic Recovery Act of 2008, Attachment A – Oakland County NSP Substantial
Amendment to the 2008 CDBG Annual Action Plan, and NSP Substantial Amendment on file in County
Clerk’s office.
FISCAL NOTE (MISC. #09068)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – COMMUNITY
& HOME IMPROVEMENT DIVISION – 2008 NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
GRANT ACCEPTANCE AND SUBSTANTIAL AMENDMENT TO THE 2008 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
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 accepts Neighborhood Stabilization Program (NSP) Federal grant funding from the
U.S. Department of Housing and Urban Development in the amount of $17,383,776 as a
Substantial Amendment to the 2008 Community Development Block Grant (CDBG) Annual Action
Plan.
2. The NSP Grant provides a one-time emergency funding supplement to the 2008 CDBG Program
as a targeted initiative to stabilize neighborhoods hardest hit by foreclosures.
3. The grant award is in the same amount as the application and includes $4,998,467 for County-
Level Program Allocation (Homebuyer Assistance Program), $9,996,932 for Community
Allocations, $1,738,377 for Administration, and $650,000 for Public Service – Housing
Counseling.
4. Distribution and Eligible Uses of NSP Funds include $6,078,952 for Financing Mechanisms,
$4,948,496 for Acquisition Rehabilitation Resale, $3,118,554 for Redevelopment, $849,397 for
Demolition, $650,000 for Public Services Housing Counseling, and $1,738,377 for Administration.
5. Funding is based on a federal formula factoring foreclosures, sub prime mortgage loans,
declining housing values, and delinquencies.
6. The 2008 NSP Substantial Amendment reflects eligible activities targeted to areas of greatest
need and requires that grant funding be contractually obligated within eighteen months and
expended within four years from the date of HUD’s execution of the grant agreement. All
Program Income received after five years must be returned to HUD unless a waiver is granted.
Commissioners Minutes Continued. March 26, 2009
169
7. The 2008 NSP Substantial Amendment includes a request for one new grant funded Community
& Home Improvement Specialist – Housing Counselor position. The annual salary and fringe
benefit cost of the position is $77,766.
8. Office renovations as well as electrical and voice/data work are required in the amount of $13,571
to accommodate office space for the new position. Funding for this purpose is available in the
NSP Grant for transfer to the Project Work Order Fund (Project Number #1000000001251).
9. No County match is required for the NSP grant.
10. Indirect costs are not paid for this grant due to administrative and planning limits.
11. The FY 2009 Special Revenue Fund Budget for the Neighborhood Stabilization Program Grant
Fund #29730 is amended as follows:
NEIGHBORHOOD STABILIZATION PROGRAM FUND #29730
Revenue
1090601-172131-610313 Grants – Federal $17,383,776
Expenditures
1090601-172131-702010 Salaries – Regular $ 1,034,884
1090601-172131-722740 Fringe Benefits 689,922
1090601-172131-788001-40400 Transfer Out 13,571
1090659-132231-730860 Homebuyer Down Pay Asst 2,999,080
1090659-132235-730898 Housing Rehabilitation 1,999,387
1090680-132210-702010 Salaries – Regular 390,000
1090680-132210-722740 Fringe Benefits 260,000
1090611-132231-730860 Community Allocation 9,996,932
Total Expenditures $17,383,776
$ -0-
PROJECT WORK ORDER FUND #40400
Revenue
1040101-141000-695500-29730 Transfer In $ 13,571
Expenditure
1040101-141000-796500 Budgeted Equity Adjustment $ 13,571
$ -0-
FINANCE COMMITTEE
Moved by Scott supported by Schwartz the resolution (with fiscal note attached) by adopted.
Moved by Scott supported by Schwartz the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution:
AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott,
Woodward, Zack, Bullard, Burns, Capello. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #09069
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: WATER RESOURCES COMMISSIONER DEPARTMENT - REORGANIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners, pursuant to Miscellaneous Resolution #08026 assigned a
budget task to each Elected Official for Fiscal Years 2008, 2009 and 2010; and
WHEREAS the County Executive has declared a triennial budget plan for FY 2010, 2011, and 2012; and
WHEREAS the Water Resources Commissioner has reviewed the departmental budget, current
operations and organizational structure; and
Commissioners Minutes Continued. March 26, 2009
170
WHEREAS in order to meet its share of the budget task, the Water Resources Commissioner proposes a
plan to reorganize and restructure the department; and
WHEREAS the department is primarily responsible for the construction, project management, operation
and maintenance of water distribution systems, waste water collection systems, waste water treatment
systems, storm water collection systems and billing services throughout Oakland County; and
WHEREAS the department will be faced with several upcoming projects including new construction and
the maintenance and rehabilitation of existing distribution water systems, waste water systems and storm
water systems throughout Oakland County; and
WHEREAS the reorganization includes plans to realign underutilized resources including staff, vehicles
and equipment, and provide career mobility to employees while promoting cross training; and
WHEREAS the reorganization deletes, creates, reclassifies, re-titles, and realigns positions and
classifications to meet the requirements of the plan; and
WHEREAS the Water Resources Commissioner has reviewed and approved these changes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
reorganization of the Department of the Water Resources Commissioner as detailed below:
1. To delete the following positions effective with the adoption of this resolution:
One (1) (SR) Civil Engineer III position (6010316-07033)
One (1) (PR) Civil Engineer III position (6010205-01123)
One (1) (GF/GP) Civil Engineer II position (6010305-06412)
One (1) (GF/GP) Chief Engineer WRC position (6010305-00222)
One (1) (SR) Construction Inspector IV position (6010335-05438)
One (1) (SR) Construction Inspector II position (6010326-06902)
One (1) (PR) Construction Inspector II position (6010335-07093)
One (1) (GF/GP) Secretary II position (6010101-00814)
2. To combine two divisions into one as follows:
From To
Engineering & Construction (6010300) Administration (6010100)
Operations & Maintenance (6010200)
3. To transfer all positions from Engineering & Construction (6010300) and Operations &
Maintenance (6010200) to Administration (6010100).
4. To create the following new classification:
Chief Manager – WRC at a flat rate of $111,997.
5. To create one (1) full-time eligible position of Chief Manager – WRC (6010100).
6. To create three (3) full-time eligible Assistant Chief Engineer (EXC/19) positions (6010100).
7. To retitle the classification of Manager – Engineering & Construction to Manager - WRC.
8. To reclassify the following positions as shown below:
From To
Manager-Operations & Maintenance (6010101-02260) Manager–WRC
Manager-Engineering & Construction (6010101-02477) Manager-WRC
9. To delete the classification of Manager – Operations & Maintenance.
10. To change funding of one (1) vacant (SR) Supervisor Inspection Services position #6010326-
03424 from 100% Special Revenue (SR) to 80% General Fund/General Purpose (GF/GP) and
20% Special Revenue (SR).
11. To meet the department’s 2010 budget reduction task delete the following position effective FY
2010 with recurring savings that will affect FY 2011 and FY 2012:
One (1) (SR) Construction Inspector II position (6010335-06522).
12. To meet the department’s 2011 budget reduction task delete the following position effective FY
2011 with recurring savings that will affect FY 2012:
One (1) (SR) Construction Inspector II position (6010335-10150).
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
Commissioners Minutes Continued. March 26, 2009
171
MISCELLANEOUS RESOLUTION #09070
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT/SHERIFF’S OFFICE - APPROVAL AND
ACCEPTANCE OF LEASE AGREEMENT WITH AERODYNAMICS INCORPORATED FOR USE OF
HANGAR SPACE FOR STORAGE OF HELICOPTERS AT 6544 HIGHLAND ROAD, WATERFORD,
MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolutions Numbers 00211 and 01315 the Oakland County
Sheriff’s Department acquired two helicopters for the purposes of providing public safety and patrol
support services throughout Oakland County; and
WHEREAS the helicopters are presently housed at the Oakland County International Airport in Hangar
Number 2 at 6544 Highland Road, Waterford, Michigan; and
WHEREAS at the present time no adequate County-owned facility exists on or off the Oakland County
Service Center, which would accommodate storage, fuel and office space requirements for the said
helicopters and aviation staff; and
WHEREAS the administrative staff of the Departments of the Sheriff and Facilities Management, with the
assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the
attached Hangar Lease Agreement; and
WHEREAS it is the recommendation of the Departments of the Sheriff and Facilities Management that
the Oakland County Board of Commissioners accept and approve the terms and conditions of the
attached Hangar Lease Agreement; and
WHEREAS under the terms and conditions of the attached Hangar Lease Agreement, the Aerodynamics
Corporation will provide adequate storage, fuel and office space in its Hangar Number 2 facility located at
6544 Highland Road at the Oakland County International Airport for a term of three years commencing
March 1, 2009 at a rental rate of $385.00 per month per helicopter or $9,240 per year; and
WHEREAS the Departments of the Sheriff, Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Hangar Lease Agreement for use of part of Hangar Number 2 at 6544 Highland
Road at the Oakland County International Airport, Waterford, Michigan between the County of Oakland and
Aerodynamics Incorporated.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Hangar Lease Agreement and all other related
documents between the County of Oakland and Aerodynamics Incorporated, 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 Agreement Sheriff Department Use of Hangar Facility for
Helicopter Storage and Aerodynamics Incorporated Hangar Lease Agreement on file in County Clerk’s
office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioner Middleton stated there were no items to report on the Regular Agenda from the Finance
Committee.
MISCELLANEOUS RESOLUTION #09043
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION -
INTERGOVERNMENTAL AGREEMENT WITH OAKLAND SCHOOLS FOR INFANT TODDLER
ASSESSMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. March 26, 2009
172
WHEREAS the Early On Program, through Oakland Schools, provides early intervention services for
infants and toddlers, birth to three (3) years of age, with developmental delay(s) and/or disabilities, and
their families; and
WHEREAS the Oakland County Department of Health and Human Services/Health Division (OCHD) has
existing capacity and personnel to perform Infant Toddler Developmental Assessments to be used in the
determination of eligibility for the Early On Program; and
WHEREAS Oakland Schools will provide all materials necessary to conduct the assessments; and
WHEREAS Oakland Schools wishes to compensate OCHD for the performance of these assessments up
to a total of $25,000; and
WHEREAS pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., and the
Intergovernmental Contracts between Municipal Corporations Act, 1951 PA 35, MCL 124.1, et seq., the
agreement for provision of the assessments and compensation for the assessments must be an
Intergovernmental Agreement; and
WHEREAS the Oakland County Corporation Counsel has developed the attached Intergovernmental
Agreement which facilitates this transaction.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Intergovernmental Agreement for Infant/Toddler Assessment between the County of Oakland
and Oakland Schools for the period July 1, 2008 through June 30, 2009.
BE IT FURTHER RESOLVED that the future level of service be contingent upon the level of funding for
this program.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of Oakland County and thereby accept and bind Oakland County to the terms and conditions of the
Agreement.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
INTERGOVERNMENTAL AGREEMENT FOR INFANT/TODDLER ASSESSMENT
This Intergovernmental Agreement for Infant/Toddler Assessment (the “Agreement”) is made between the
County of Oakland, a Michigan Constitutional and Municipal Corporation, whose address is 1200 N.
Telegraph Road, Pontiac, Michigan, 48341 (the “County”) and Oakland Schools, a Michigan intermediate
school district, whose address is 2111 Pontiac Lake Rd, Waterford, MI, 48328 (“Oakland Schools”). In
this Agreement, the County and Oakland Schools may be referred to individually as “Party” or jointly as
“Parties.”
In consideration of the mutual promises, obligations, representations and assurances in this Contract, the
Parties agree as follows:
1. Purpose of Agreement
1.1. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., and the
Intergovernmental Contracts between Municipal Corporations Act, 1951 PA 35, MCL 124.1, et
seq., Oakland Schools and the County may enter into this Agreement in order to establish the
terms and conditions upon which the County of Oakland will provide Public Health Nurses
(“PHN”) to Oakland Schools in order to administer, on behalf of Oakland Schools, the Infant
Toddler Developmental Assessments (“IDA”) and determine “Early On” eligibility for families
already involved with Public Health Nursing.
2. Definitions
2.1. “Oakland County” and “Oakland Schools” shall each be defined to include any and all
departments, divisions, commissioners, elected and appointed officials, directors, board
members, council members, commissioners, authorities, officers, committees, employees,
agents, subcontractors, volunteers and/or any such successors of each entity.
2.2. “Infant Toddler Developmental Assessment or “IDA” means the developmental assessment
(test) used for the early identification of children who are developmentally “at risk” based on the
evaluation assessment of a child’s gross motor, fine motor, relationship to inanimate objects
(cognitive), language/communication, self-help, relationship to persons, emotions and feeling
states (affect), and coping behavior from birth to 36 months of age.
2.3. “Early On” means the State of Michigan’s system of early intervention services for infants and
toddlers, birth to three (3) years of age, with developmental delay(s) and/or disabilities, and their
Commissioners Minutes Continued. March 26, 2009
173
families. “Early On” supports families as their children learn and grow.
3. Terms
3.1. The County agrees to provide a developmental assessment and determine “Early On” eligibility.
The specific duties that will be performed by the Oakland County Health Division, through its
PHN, will include:
3.1.1. Establishing and maintaining an “Early On” file for each individual/family;
3.1.2. Calling parent within 2 business days of receiving the “Early On” referral to request
written consent to conduct an evaluation and schedule an appointment;
3.1.3. Preparing and sending the 7-day notice packet to the individual/family;
3.1.4. Confirming the evaluation appointment with the individual/family;
3.1.5. Completing the evaluation (including a review of the health status, developmental history
and a parent-child observation) in the family’s home within forty-five (45) days of receipt
of initial referral from Oakland Schools;
3.1.6. Writing the complete IDA summary;
3.1.7. Sending a copy of the complete IDA summary to the individual/family and sending
notification to Oakland Schools regarding each individual/family eligibility;
3.1.8. Determining the child outcomes ratings for all children who enroll in the Early On
program; and
3.1.9. Conducting the annual assessment for individuals/families who remain in a PHN’s
caseload at the time of the renewal.
3.2. The County, when performing under this Agreement, shall abide by and adhere to all applicable
laws, rules and regulations pertaining to the performance of any services under this Agreement,
including, but not limited to, all Part C of the Individuals with Disabilities Improvement Education
Act of 2004 “IDIEA” or “IDEA” regulations, as detailed in the Part C of the IDEIA regulation
packet.
3.3. Oakland Schools will provide IDA kits and all assessment materials (including score sheets and
materials for 7-day notice packet), training for PHNs to administer the Infant Toddler
Developmental Assessment, an electronic template for IDA summaries and annual reports,
compiled 7 day notice packets, data from Oakland Schools Early Education Tracking (“EETRK”)
database, and on-going technical assistance during Oakland Schools normal operating business
hours.
3.4. Payment. Oakland Schools will pay the County up to, but not more than, $25,000 for the full and
satisfactory performance of the services described in this Agreement. This amount includes the
identified rate of $225.00 for initial IDAs and $135.00 for annual IDAs. Payment is conditioned
upon the properly documented proof of performance (a signed, original invoice) submitted by the
County to Oakland Schools. The County shall invoice Oakland Schools on a quarterly basis and
the last invoice must be received by Oakland Schools no later than the first week of July in order
for Oakland Schools to properly close out applicable grants. Payment will be made no later than
thirty (30) days after an original invoice for the completion of the task set forth above is received
by Oakland Schools.
3.5. The Parties acknowledge that each Party is a tax-exempt governmental unit or entity.
3.6. Availability of Funds. The Parties acknowledge that all payment for performance under this
Agreement is contingent upon the availability of funds in the amount anticipated by Oakland
Schools from the sources it has identified. Oakland Schools may, at its sole discretion,
unilaterally rescind, terminate or reduce the scope of this Agreement at any time due to the non-
availability of the specific funds in the amount anticipated. Oakland Schools shall provide the
County with notice of a change in anticipated funding within a reasonable time after Oakland
Schools’ receipt of such notice if Oakland Schools intends to take a unilateral action based on
such notice. Oakland Schools may negotiate and renew the Agreement with the County if
funding remains available and the County’s performance is satisfactory.
3.7. Duration. This Intergovernmental Agreement and any subsequent Amendments shall be for a
tem of one year, beginning July 1, 2008 and ending June 30, 2009. A signed and executed
Agreement must be filed with the Clerk of the County of Oakland and the Secretary of State for
the State of Michigan, pursuant to MCL 124.510(4). This Agreement may be renewed only by a
signed written agreement between the Parties.
3.8. No Employee-Employer Relationship. The relationship between the Parties is that of
Commissioners Minutes Continued. March 26, 2009
174
independent contracting parties. Nothing in this Agreement shall be construed as creating an
employer-employee relationship between the Oakland Schools (including any of its employees.)
and the County (including any of its employees).
3.9. Work Product, Intellectual Property and Publicity. If the County develops, under this Agreement,
any work product, information, material, document, writing, publication, software, recording or
procedure, whether in written, video, audio or other media format (“the Work”), the County
agrees that the Work is a “work for hire” and Oakland Schools is the copyright author and holder
of all intellectual property rights. If, for any reason, the work is found to be other than a work for
hire, the County assigns its rights in any copyrights and other intellectual property to Oakland
Schools.
3.10.No Indemnification. Each Party shall be responsible for the acts and/or omissions of its agents
and/or employees. Nothing in this Agreement shall be construed as creating an obligation to
indemnify or defend the other for any claim, damage or liability arising out of or stemming from
performance under this Agreement.
3.11.No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Agreement
does not and is not intended to create any obligation, duty, promise, contractual right or benefit,
right to indemnification, right to subrogation and/or any other right in favor of any other person or
entity.
3.12.Reservation of Rights. This Agreement does not, and is not intended to impair, divest, delegate,
or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation,
duty or immunity of the Parties and shall not be construed to waive the defense of governmental
immunity held by the County and Oakland Schools.
3.13.Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers,
or releases to this Agreement must be in writing and executed by both Parties.
3.14.Termination. This Agreement may be terminated for any reason, including convenience, with
not less than thirty (30) days written notice by Oakland Schools. If Oakland Schools advises the
County that it has failed to perform any of its obligations under this Agreement, the County may
cure failures in performance by beginning performance in accordance with the terms of this
Agreement within ten (10) days of the Notice of Termination and continuing performance under
the Agreement.
3.15.The County may terminate this Agreement for any reason including convenience with not less
than thirty (30) days written notice by the County. If the County advises Oakland Schools that it
has failed to perform any of its obligations under this Agreement, Oakland Schools may cure
failures in performance by beginning performance in accordance with the terms of this
Agreement within ten (10) days of the Notice of Termination and continuing performance under
the Agreement.
3.16.Notices should be sent to:
Oakland Schools:
Project Representative Dawn Koger
Title/Position Early On Coordinator
Address 2111 Pontiac Lake Road
Waterford, MI 48328-2736
Telephone Number 248.209.2266
Fax Number 248.209.2522
Oakland County:
Department Health Department
Department Manager George Miller
Address 1200 N. Telegraph Rd.
Pontiac, MI 48341
3.17.Entire Agreement. This Agreement represents the entire Agreement between the Parties and
supersedes all other Agreements between the Parties governing the matters described here.
The language of this Agreement shall be construed as a whole according to its fair meaning, and
not construed strictly for or against any Party.
The Parties have taken all actions and secured all approvals necessary to authorize and complete this
Agreement between Oakland Schools and the County of Oakland. The persons signing this Agreement
on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and
Commissioners Minutes Continued. March 26, 2009
175
conditions contained here.
For Oakland Schools:
____________________________________ ________________
(print name) Date
_________________________
(title)
For Oakland County:
___________________________________ ________________
Bill Bullard, Jr., Chairman Date
Oakland County Board of Commissioners
FISCAL NOTE (MISC. #09043)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION –
INTERGOVERNMENTAL AGREEMENT WITH OAKLAND SCHOOLS FOR INFANT TODDLER
ASSESSMENTS
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 Early On Program, through Oakland Schools, provides early intervention services for infants
and toddlers, birth to three (3) years of age, with developmental delay(s) or disabilities.
2. The Health Division has personnel to perform the Infant Toddler Developmental Assessments,
and Oakland Schools will compensate the Health Division $25,000 for the performance of
assessments for determination of eligibility for the Early On Program.
3. Funding period is January 1, 2008 thru June 30, 2009.
4. There is no county match or additional positions required.
5. A budget amendment to the Fiscal Year 2009 budget is recommended to recognize revenue from
the Oakland Schools to offset the personnel costs incurred from this program as specified below:
FY 2009
HEALTH DIVISION FUND (#20221)
Revenues
1060236-133390-631869 Reimb. Of Salaries $25,000
9090101-134860-695500-10100 Transfer In from General Fund ($25,000)
Total Revenues $ -0-
GENERAL FUND (#10100)
Expenditures
9090101-196030-730359 Non-Dept Contingency $25,000
9010101-134860-788001-20221 Transfer Out to Health Fund ($25,000)
Total Expenditures $ -0-
FINANCE COMMITTEE
Moved by Long supported by Gershenson the resolution (with fiscal note attached) be adopted.
Discussion followed
AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen,
Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack,
Bullard, Burns, Capello, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
Discussion followed.
Commissioners Minutes Continued. March 26, 2009
176
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – COUNTY EXECUTIVE APPOINTMENT – DIRECTOR OF
FACILITES MANAGEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the appointment by the County Executive of
William A. Holdsworth as Director of Facilities Management effective March 28, 2009, recommends
concurrence of this appointment, pursuant to Public Act 139 of 1973.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of correspondence from Oakland County Executive, L. Brooks Patterson, on file in County Clerk’s
office.
Moved by Long supported by Coleman the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Chairperson Bill Bullard asked if there were any other nominations. There were none.
Moved by Long supported by Coleman the appointment of William A. Holdsworth as Director of Facilities
Management be confirmed.
Vote on appointment:
AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long,
McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack, Bullard,
Burns, Capello, Coleman, Coulter. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointment was confirmed.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE OAKLAND COUNTY CRIMINAL
JUSTICE COORDINATING COUNCIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered these appointments on March 16, 2009 hereby
recommends that the following individuals be appointed to the Oakland County Criminal Justice
Coordinating Council for a two year term that began January 1, 2009 and will end December 31, 2010:
Public At Large Alternate
Travis Reeds Vanessa Rushing
Arthur Makarewictz Matthew Berard
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County
Clerk’s office.
Moved by Long supported by Zack the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Commissioners Minutes Continued. March 26, 2009
177
Chairperson Bill Bullard asked if there were any other nominations. There were none.
Moved by Long supported by Zack the appointments of Travis Reeds, Arthur Makarewictz, Vanessa
Rushing (alternate) and Matthew Berard (alternate) to the Oakland County Criminal Justice Coordinating
Council for a two-year term ending December 31, 2010 be confirmed.
Vote on appointment:
AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray,
Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack, Bullard, Burns,
Capello, Coleman, Coulter, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointments of Travis Reeds, Arthur Makarewictz,
Vanessa Rushing (alternate) and Matthew Berard (alternate) to the Oakland County Criminal Justice
Coordinating Council for a two-year term ending December 31, 2010 were confirmed.
REPORT (MISC. #09002)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – PROFESSIONAL SERVICES CONTRACT FOR
GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on February 23, 2009
recommends that the resolution be amended to insert the following language as the third and fourth BE IT
FURTHER RESOLVED paragraphs:
BE IT FURTHER RESOLVED that Public Affairs Associates, Inc. (PAA) shall report to the General
Government Committee on a quarterly basis.
BE IT FURTHER RESOLVED that a Legislative Study Group will be established consisting of two
members of the majority party and two members of the minority party and the Board of
Commissioners’ Chairperson or designee to provide oversight and direction to PAA.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #09002
BY: Commissioners Bradford C. Jacobsen, District #1, Jeff Potter, District #8
IN RE: BOARD OF COMMISSIONERS – PROFESSIONAL SERVICES CONTRACT FOR
GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #08106 established a Government Relations Consulting Firm
Study Group, comprised of four County Commissioners, to review and evaluate the Request for
Proposals (RFPs), in the event that the Oakland County Board of Commissioners chooses to hire a
government relations consulting firm; and
WHEREAS the Oakland County Purchasing Division sent out notice of the RFP to fifty-three (53)
consulting firms throughout the State of Michigan and gave notification of the bid opportunity on the
Michigan Inter-governmental Trade Network (MINT); and
WHEREAS the county received sixteen (16) proposals, which were reviewed and evaluated by the study
group. Six (6) firms were selected for interviews, which were conducted in November 2008; and
WHEREAS the Government Relations Consulting Firm Study Group has made the recommendation that
Public Affairs Associates, Inc. (PAA), based in Lansing, Michigan, be selected as the government
relations consulting firm by the Oakland County Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes a professional services contract with Public Affairs Associates, Inc. (PAA), as the government
relations consulting firm representing the interests of the Oakland County Board of Commissioners.
Commissioners Minutes Continued. March 26, 2009
178
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes a three (3)
year contract, at a monthly fee of Five Thousand ($5,000) Dollars, unless terminated by the parties.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners, or his designee, is
authorized to execute the professional services contract with Public Affairs Associates, Inc. (PAA), on
behalf of the Board of Commissioners.
Chairperson, we move the adoption of the foregoing resolution.
BRADFORD JACOBSEN, JEFF POTTER, TOM
MIDDLETON
Copy of Memorandum regarding Authorization for a Professional Services Contract for Government
Relations Consulting Firm to Public Affairs Associates, Inc., M.R. #08106, Solicitation Quotation –
Professional Services, and Executive Summary on file in County Clerk’s office.
FISCAL NOTE (MISC. #09002)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – PROFESSIONAL SERVICES CONTRACT FOR
GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Oakland County Board of Commissioners authorizes a three (3) year professional services
contract at a monthly fee of $5,000 with Public Affairs Associates, Inc. (PAA), as the government
relations consulting firm, unless terminated by the parties.
2. Sufficient funds have been budgeted for this agreement for Fiscal Year 2009 and Fiscal Year
2010, therefore, no budget amendment is recommended.
FINANCE COMMITTEE
Moved by Long supported by Middleton the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Middleton the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Middleton the resolution be amended to coincide with the recommendation
in the General Government Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Gingell, Hatchett, Jacobsen, McGillivray, Middleton, Potter, Potts, Runestad, Bullard,
Capello. (10)
NAYS: Gosselin, Greimel, Jackson, Long, Nash, Schwartz, Scott, Woodward, Zack, Burns,
Coleman, Coulter, Douglas, Gershenson. (14)
A sufficient majority not having voted in favor, the resolution (with fiscal note attached), as amended,
failed.
REPORT (MISC. #09029)
BY: GENERAL GOVERNMENT COMMITTEE, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – HOLDING COMMISSION MEETINGS IN THE EVENING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on January 26, 2009
recommends that the resolution be amended as follows:
Strike the first WHEREAS paragraph:
Commissioners Minutes Continued. March 26, 2009
179
WHEREAS the Oakland County Board of Commissioners believes that open and accessible
meetings are essential to transparent and accountable government; and
Strike, “rather than discourage,” from the fourth WHEREAS.
Amend the BE IT FURTHER RESOLVED paragraph:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, on a trial
basis, schedule one evening meeting a month, between July and December, 2009, to be held
on the same day of the week each month as determined by the Board Chairman after polling
all members of their availability. hereby reschedules all of its 2009 meetings that were
previously scheduled for 9:30 am on Thursday mornings to 6:30 pm on the Wednesday
evenings immediately preceding such previously scheduled meeting days.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #09029
BY: Tim Greimel, District #11
IN RE: BOARD OF COMMISSIONERS – HOLDING COMMISSION MEETINGS IN THE EVENING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners believes that open and accessible meetings are
essential to transparent and accountable government; and
WHEREAS the Board of Commissioners recognizes that most people work during the daytime; and
WHEREAS the Board of Commissioners recognizes that most members of the public are better able to
attend Board of Commissioners meetings when the meetings are not held during traditional working
hours; and
WHEREAS the Board of Commissioners wishes to encourage, rather than discourage, public attendance
at its meetings.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby agrees
to hold its future meetings in the evening.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby reschedules all
of its 2009 meetings that were previously scheduled for 9:30 am on Thursday mornings to 6:30 pm on the
Wednesday evenings immediately preceding such previously scheduled meeting days.
Chairperson, we move the adoption of the foregoing resolution.
TIM GREIMEL, DAVID WOODWARD, JANET
JACKSON, MATTIE HATCHETT, GARY
McGILLIVRAY, ERIC COLEMAN, MARCIA
GERSHENSON, TIM BURNS, JIM NASH,
STEVEN SCHWARTZ, DAVID COULTER
Copy of correspondence from Larry Doyle, Board of Commissioners Administrative Director, regarding
Cost Estimates for Board of Commissioner Night Meetings on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioner Douglas stated there were no items to report on the Regular Agenda from the Personnel
Committee.
MISCELLANEOUS RESOLUTION #09071
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - USE OF FORFEITED FUNDS FOR EQUIPMENT AND POLICE
MOTORCYCLE PURCHASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds
forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law
enforcement efforts related to the Controlled Substances Act; and
Commissioners Minutes Continued. March 26, 2009
180
WHEREAS the courts have distributed $645,815.53 (balance as of 21/28/09) as a result of Sheriff's Office
forfeiture efforts; and
WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for equipment (see
attached schedule); and
WHEREAS M.R. #07258 authorized the Sheriff to purchase twelve (12) police motorcycles with forfeiture
funds; and
WHEREAS the Sheriff is requesting to purchase another twelve police motorcycles to bring our fleet to
twenty-four (24); and
WHEREAS the motorcycles would not be replaced without using forfeiture funds or Board of
Commissioner approval; and
WHEREAS this equipment will be used by the Sheriff's Office to enhance law enforcement efforts in
compliance with state law; and
WHEREAS the estimated expenses are $391,374, per attached Schedule.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
use of $391,374 from the Sheriff’s Office Law Enforcement Enhancement Account (#10100-4030101-
222430) to purchase the twelve (12) police motorcycles and the attached list of equipment.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of 2009 Forfeiture Requests on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09072
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PROBATE COURT – FY 2009 DELETION OF ONE (1) GF/GP CLERK POSITION 3040403-
09907
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on January 14, 2009 all Oakland County Elected officials were assigned a FY 2010, FY 2011
and FY 2012 budget task; and
WHEREAS the Probate Court’s FY 2010 budget task is $92,864. The Probate Court is proactively
reorganizing their personnel to meet the court’s budget task while minimizing the total effect on court
operations; and
WHEREAS Probate Court is deleting one (1) GF/GP Clerk position # 3040403-09907.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners deletes one (1)
GF/GP Clerk position #3040403-09907.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09073
BY: Commissioners Sue Ann Douglas, Mattie McKinney Hatchett, Christine Long, Helaine Zack, Marcia
Gershenson, Shelley G. Taub, Janet Jackson
IN RE: BOARD OF COMMISSIONERS – PROCLAIMING MARCH 2009 AS WOMEN’S HISTORY
MONTH IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS National Women’s History Month’s roots go back to March 8, 1857, when women from New
York City factories staged a protest over working conditions; and
WHEREAS International Women’s Day was first observed in 1909, but it wasn’t until 1981 that Congress
established National Women’s History Week to be commemorated the second week of March. In 1987,
Congress expanded the week to a month. Every year since, Congress has passed a resolution for
Women’s History Month, and the President has issued a proclamation; and
Commissioners Minutes Continued. March 26, 2009
181
WHEREAS each year during Women's History Month, we remember and celebrate women from all walks
of life who have shaped this great Nation and have made significant contributions to the quality of life
shared by us all in Oakland County; and
WHEREAS women in Oakland County have played and continue to play a critical economic, cultural and
social role in every sphere of life; and
WHEREAS Oakland County women have played a unique role throughout history by providing the
majority of the volunteer labor force; and
WHEREAS Oakland County women are particularly important in the establishment of early charitable,
philanthropic and cultural institutions; and
WHEREAS Oakland County women have been leaders, not only in securing their own rights of suffrage
and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial
labor movement, the civil rights movement, and other movements; and
WHEREAS Women’s History Month provides a special opportunity to remember and thank the women
who have helped to shape our lives. It might be your mother, grandmother, aunt, sister, teacher,
neighbor, or friend; and
WHEREAS we also remember the women of the United States Armed Forces who are serving our
country with honor and distinction across the world; and
WHEREAS this year, in accordance with the theme, "Women Taking the Lead to Save our Planet," we
pay particular tribute to the efforts of women in preserving and protecting the environment for present and
future generations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
proclaims the month of March 2009, as Women’s History Month in Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins in expressing our
appreciation to women throughout Oakland County who are continuing this legacy of leadership as
entrepreneurs, doctors, teachers, scientists, lawyers, artists, homemakers, caregivers and public officials.
We recognize the wonderful women throughout Oakland County who provide a solid foundation for our
society through their leadership, guidance and care to their loved ones which strengthens our families
and communities.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Granholm, the Michigan Women’s Commission and the Women’s
Commission for Oakland County.
Chairperson, we move the adoption of the foregoing resolution.
SUE ANN DOUGLAS, MATTIE HATCHETT,
HELAINE ZACK, SHELLEY TAUB, CHRISTINE
LONG, MARCIA GERSHENSON, JANET
JACKSON
Moved by Douglas supported by Zack to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #09073 – BOARD OF COMMISSIONERS – PROCLAIMING MARCH 2009 AS WOMEN’S
HISTORY MONTH IN OAKLAND COUNTY.
Vote on motion to suspend the rules:
AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash,
Potter, Potts, Runestad, Schwartz, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter,
Douglas, Gershenson, Gingell. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09073 – BOARD OF COMMISSIONERS – PROCLAIMING MARCH
2009 AS WOMEN’S HISTORY MONTH IN OAKLAND COUNTY carried.
Moved by Douglas supported by Zack the resolution be adopted.
Commissioners Minutes Continued. March 26, 2009
182
AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas,
Gershenson, Gingell Gosselin. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09074
BY: Commissioner Shelley G. Taub, District #16
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR LEGISLATION TO GIVE OVERSEAS
MILITARY PERSONNEL ENOUGH TIME TO VOTE AND FOR THEIR VOTE TO BE COUNTED
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS one-third of all U.S. states do not provide enough time to vote for military personnel stationed
overseas and as many as half of all states need to improve their absentee voting process to ensure that
the votes of servicemen and women abroad will be counted, according to a report from the Pew Center
on the States, in the report, titled “No Time to Vote: Challenges Facing America’s Overseas Military
Voters,” the first-ever detailed public analysis of states’ voting systems for military personnel stationed
overseas; and
WHEREAS the study further found that the State of Michigan is one of 16 states that does not provide
enough time to vote for military personnel stationed overseas, because these states send out absentee
ballots after the date necessary for military voters to meet all required deadlines; and
WHEREAS although the State of Michigan allows overseas military voters to fax in their ballot requests,
the state requires that the ballots be transmitted to and from voters by postal mail; and
WHEREAS because the time needed for ballots to travel by mail takes longer than the time Michigan
provides in its process, Michigan’s military voters abroad need an additional 13 days to have sufficient
time to vote; and
WHEREAS in order to ensure that overseas voters have enough time to vote and have their votes
counted, States can send them blank ballots by fax, email, or other electronic means (such as through a
website); and
WHEREAS the State of Michigan could also implement a change wherein blank ballots are sent to voters
earlier in the process and extending the deadline by which completed ballots must be received in order to
be counted or a combination of these two steps that will add at least 13 days to the process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
brave men and women, who are stationed overseas to defend our country and to preserve freedom in
foreign lands, and providing them with every opportunity to exercise their basic democratic right to vote.
BE IT FURTHER RESOLVED that Oakland County Board of Commissioners urges the state to use the
efforts of our own Oakland County Clerk’s Office as a model for their conscientious handling of military
ballots, which include: the earliest possible preparation of ballots to ensure military voters have as much
time as possible to vote and return their ballot; the creation of an Absentee Ballot Tracker so military
voters can ensure their votes reach their local municipal clerks in time and, on Election Day, taking the
extra step to hand deliver overseas ballots to local clerks to guarantee that every military member,
sacrificing in service of their country, has their vote count and their voice heard on Election Day.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges the
Michigan State Legislature to better guarantee the voting rights of military personnel stationed overseas
by implementing revisions that would allow sending absentee ballots out to those abroad earlier than the
current date of September 20th.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges the
Michigan State Legislature adopt legislation that will allow state election officials to make blank ballots
available by email, fax or other electronic means rather than through the regular mail.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges the
Michigan State Legislature adopt legislation that provides for a secure environment that protects the
secrecy of the ballot, yet allows for the completed ballots of military personnel who are stationed
overseas.
Commissioners Minutes Continued. March 26, 2009
183
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Michigan Secretary of State Terry Lynn Land, the Oakland County delegation to the
Michigan Legislature, Oakland County’s lobbyists and the Michigan Association of Counties.
Chairperson, we move the adoption of the foregoing resolution.
SHELLEY TAUB, DAVID POTTS, BRADFORD
JACOBSEN, ROBERT GOSSELIN, MICHAEL
GINGELL, JIM RUNESTAD, KIM CAPELLO,
BILL BULLARD, TIM GREIMEL, MATTIE
HATCHETT, THOMAS MIDDLETON, SUE ANN
DOUGLAS, CHRISTINE LONG, JOHN SCOTT,
JIM NASH, DAVID COULTER, GARY
McGILLIVRAY, HELAINE ZACK, ERIC
COLEMAN, JANET JACKSON
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09075
BY: Commissioner Shelley G. Taub, District #16
IN RE: BOARD OF COMMISSIONERS – SUPPORTS EDUCATING MOBILE TELEPHONE USERS TO
STORE “IN CASE OF EMERGENCY” (“ICE”) LISTINGS ON THEIR DEVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there are over 215 million cell phone users in the United States today. Industry experts
expect over 300 million users by 2010; and
WHEREAS the U.S. Centers for Disease Control and Prevention reported in 2006 that 300 million
emergency room patients could not provide contact information because they were incapacitated; and
WHEREAS many individuals, including teenagers, leave the home each day without any identification or
emergency contact information, yet carry a cell phone; and
WHEREAS a global campaign began in 2005 calling for individuals to program an “In Case of
Emergency” contact (or ICE for short) into their mobile phones; and
WHEREAS the “ICE” telephone programming enables the first responders, such as paramedics,
firefighters and police officers, to identify victims and contact their relatives or close friends in order to
obtain important medical information; and
WHEREAS the American College of Emergency physicians recommends that people with cellular phones
add "ICE'" entries into their cell phone address books to assist medical professionals in notifying the
person's emergency contacts and to obtain critical medical information when a patient arrives
unconscious or unable to answer questions.
WHEREAS the process of programming an “ICE” contact in the memory of a cell phone is simple:
1. CHOOSE a responsible person.
2. INFORM this person that they are your emergency contact and then make sure they have on hand
all of the information a medic might need: a list of the medications you are taking, all of your known
allergies (especially to medications and food), and names and phone numbers of your doctors.
3. ADD this person’s contact info into your cell phone using the heading/title ICE.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
recognizes the importance of educating mobile telephone users and emergency response personnel on
how the “In Case of Emergency” (ICE) listing can be a source of valuable information in the case of an
emergency.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Oakland
County departments, local public safety officials, hospitals and schools to participate in process of
educating cell phone users on programming “ICE” numbers into their address books as a means to
provide critical medical information.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Executive, the Oakland County Sheriff, the Oakland County
Health Division, Oakland County Intermediate School District, Oakland County’s cities, villages and
townships.
Commissioners Minutes Continued. March 26, 2009
184
Chairperson, we move the adoption of the foregoing resolution.
SHELLEY TAUB, DAVID POTTS, BRADFORD
JACOBSEN, ROBERT GOSSELIN, MICHAEL
GINGELL, KIM CAPELLO, CHRISTINE LONG,
JANET JACKSON, THOMAS MIDDLETON,
DAVID COULTER, GARY McGILLIVRAY,
HELAINE ZACK, TIM GREIMEL, TIM BURNS,
ERIC COLEMAN, MATTIE HATCHETT
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09076
BY: Commissioner Janet Jackson, District #21, Sue Ann Douglas, District #12
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE SERVE AMERICA ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in these challenging times, every effort is needed to provide all the Americans, who are ready
and willing to step forward to serve our country, with meaningful volunteer opportunities that will improve
and expand national and community service programs and strengthen the infrastructure for volunteerism
within the nonprofit community; and
WHEREAS the United States Congress recently passed the “GIVE Act,” a bill which is intended to
significantly expand community service opportunities and reward young people for their service with
education stipends, and job training; and
WHEREAS the United States Senate is presently considering Senate Bill 277, the “Serve America Act,”
which creates opportunities for young people to participate in actively rebuilding and changing the
direction of our country, while providing job training, financial support, education rewards; and
WHEREAS the Serve America Act is a bi-partisan bill that proposes to adopt essential reforms that will
promote service and volunteerism at a time when our nation needs it the most; and
WHEREAS the Serve America Act will triple the number of volunteer opportunities for Americans, from
75,000 to 250,000; and
WHEREAS the Serve America Act will create targeted problem-solving corps that will deploy Americans
of all ages to increase access to job training and placement resources, help raise high school graduation
and college-going ratios, enhance energy efficiency, preserve natural resources, and improve access to
health care; and
WHEREAS the Serve America Act will launch Youth Engagement Zones to involve young people in high-
quality service learning projects and recognize 'Campuses of Service' that engage students in service
activities, integrate service and learning, and promote service careers; and
WHEREAS the Serve America Act will mobilize skilled Americans to serve in developing countries around
the world to tackle urgent problems, such as HIV/AIDS and malaria, and expand international service
opportunities that would help improve America’s connection to the world.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the ideals contained in Senate Bill 277, the “Serve America Act”, and the provisions that would
provide tangible benefits to the people and communities we serve by improving the volunteer experiences
of individuals who give of their time, which would help strengthen the nonprofit sector as a whole.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the quick passage
of Senate Bill 277, the “Serve America Act” in the United States Senate and applauds the House of
Representatives for adopting the GIVE Act.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds forward copies of this
adopted resolution to President Barack Obama, Senator Carl Levin, Senator Deborah Stabenow, the
Oakland County delegation to the United States Congress, the National Association of Counties, the
Michigan Association of Counties, United Way of Southeastern Michigan and Oakland County’s lobbyists.
Commissioners Minutes Continued. March 26, 2009
185
Chairperson, we move the adoption of the foregoing resolution.
JANET JACKSON, MATTIE HATCHETT,
MARCIA GERSHENSON, DAVID COULTER,
HELAINE ZACK, MICHAEL GINGELL, KIM
CAPELLO, DAVID POTTS, BILL BULLARD,
ERIC COLEMAN, DAVID WOODWARD, JIM
NASH, GARY McGILLIVARY, TIM GREIMEL,
SUE ANN DOUGLAS, JEFF POTTER
Moved by Jackson supported by Nash to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #09076 – BOARD OF COMMISSIONERS – SUPPORT FOR THE SERVE AMERICA
ACT.
Vote on motion to suspend the rules:
AYES: Hatchett, Jackson, McGillivray, Nash, Potter, Potts, Schwartz, Woodward, Zack, Bullard,
Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Greimel. (17)
NAYS: Jacobsen, Long, Middleton, Runestad, Gosselin. (5)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09076 – BOARD OF COMMISSIONERS – SUPPORT FOR THE
SERVE AMERICA ACT carried.
Discussion followed.
Moved by Jackson supported by Nash the resolution be adopted.
AYES: Jackson, McGillivray, Nash, Potter, Potts, Schwartz, Woodward, Zack, Bullard, Burns,
Capello, Coulter, Douglas, Gershenson, Gingell, Greimel, Hatchett. (17)
NAYS: Jacobsen, Long, Middleton, Runestad, Gosselin. (5)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09077
BY: Commissioner Tim Greimel, District #12
IN RE: BOARD OF COMMISSIONERS – AMENDMENT TO BOARD OF COMMISSIONERS’
REGULAR MEETING SCHEDULE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 2009 Adopted Board of Commissioners’ Rules, Article XIII, Section I. provides, in part,
that “Regular meetings of the Board shall be held the second and fourth Thursday of each month at 9:30
a.m. or as established by the Board of Commissioners”; and
WHEREAS the Oakland County Board of Commissioners has engaged in discussions relative to holding
some of the regular board meetings in the evening, which are scheduled between July 2009 and
December 2009.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
schedules five (5) regular Board of Commissioners’ meetings at 7:00 p.m. in the Board of Commissioners’
Auditorium, 1200 N. Telegraph, Pontiac, MI, on the following dates:
Wednesday, July 15, 2009
Wednesday, August 12, 2009
Wednesday, September 2, 2009
Wednesday, October 14, 2009
Wednesday, December 9, 2009
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners will, during this time
period, maintain the regular 9:30 a.m. schedule for the following regular Board of Commissioners’
meetings:
Commissioners Minutes Continued. March 26, 2009
186
Thursday, July 30, 2009
Thursday, September 24, 2009
Thursday, October 29, 2009
Thursday, November 12, 2009
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to post this amended meeting
schedule.
Chairperson, we move the adoption of the foregoing resolution.
TIM GREIMEL, TIM BURNS, DAVID POTTS,
MATTIE HATCHETT, BILL BULLARD, JANET
JACKSON, MARCIA GERSHENSON, DAVID
WOODWARD, JIM NASH, GARY
McGILLIVRAY, STEVEN SCHWARTZ, BRAD
JACOBSEN, HELAINE ZACK, DAVID
COULTER, JIM RUNESTAD, MICHAEL
GINGELL, KIM CAPELLO
Moved by Greimel supported by Potts to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #09077 – BOARD OF COMMISSIONERS – AMENDMENT TO BOARD OF
COMMISSIONERS’ REGULAR MEETING SCHEDULE.
Vote on motion to suspend the rules:
AYES: Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Woodward,
Zack, Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson. (21)
NAYS: Long. (1)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09077 – BOARD OF COMMISSIONERS – AMENDMENT TO
BOARD OF COMMISSIONERS’ REGULAR MEETING SCHEDULE carried.
Discussion followed.
Moved by Greimel supported by Potts the resolution be adopted.
AYES: Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Woodward, Zack,
Bullard, Burns, Capello, Coulter, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen. (21)
NAYS: Douglas. (1)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09078
BY: Commissioner Shelley G. Taub, District #16
IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO UNFUNDED HAVA MANDATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the federal Help America Vote Act (HAVA), passed in 2002, mandated the replacement of all
voting systems in Oakland County; and
WHEREAS Congress funded the initial purchase of the equipment and start up of this program, but did
not provide the long term funding source of the replacement and maintenance of this equipment; and
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #05036 to
apply to the Michigan Secretary of State for a Help America Vote Act (HAVA) Grant for one ES&S M100
optical scan tabulator, one AutoMARK accessible voting system and related software to comply with
HAVA; and
WHEREAS Congress also created a new federal “Election Assistance Commission (EAC)” to monitor the
usage of HAVA funds by states and local government. It was also created in the spirit of being a
Commissioners Minutes Continued. March 26, 2009
187
watchdog, advocate and to set standards for the protection of the nation’s voters – keeping a close on
eye on critical issues for the elections process. The quality and accuracy of nation’s voting equipment is
one of those critical issues; and
WHEREAS each of the 51 municipalities in Oakland County also applied to the Michigan Secretary of
State for HAVA funds to obtain HAVA mandated optical scan voting equipment, accessible voting
systems and related software; and
WHEREAS it is estimated that Oakland County will be responsible for $50,000 annually in licensing,
customer support and technical assistance fees to service and maintain HAVA related software and
equipment for countywide tabulation; and
WHEREAS the new voting equipment provided by HAVA funds has many times added complications to
the election process that have lead to greater costs for local governments. In addition, no long term
maintenance process for this equipment was provided for or funded by the HAVA funds. While the federal
mandates for elections as required by HAVA continue, the costs associated with those mandates are now
being increasingly born by local governments who are already having very difficult budget challenges;
and
WHEREAS each local jurisdiction is responsible for all costs associated with technical maintenance of the
voting equipment and extended warranties for equipment secured with HAVA funding; and
WHEREAS it is estimated that Oakland County’s local jurisdictions could be potentially responsible for an
estimated $262,000 to service and maintain HAVA mandated voting equipment; and
WHEREAS the Oakland County Board of Commissioners recognizes that local jurisdictions are struggling
to comply with these unfunded HAVA mandates.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the
federal government to provide additional Help America Vote Act (HAVA) resources for technical
maintenance and equipment upgrades of HAVA mandated election equipment; including:
1. Providing long term financial support to local governments across the country to provide
maintenance and new equipment replacement and repairs.
2. Granting greater power and funding to the federal Election Assistance Commission to ensure we
have an effective watchdog of our elections system.
3. Respecting local units of governments by resisting the further imposition of unfunded mandates.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the HAVA founded Election Assistance Commission, Michigan’s Secretary of State,
Oakland County’s delegation to the State and Federal legislatures, the Oakland County Clerk/Register of
Deeds and Oakland County Director of Elections.
Chairperson, we move the adoption of the foregoing resolution.
SHELLEY TAUB
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 11:33 a.m. to the call of the Chair or April 23, 2009, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson