HomeMy WebLinkAboutMinutes - 2009.04.23 - 8496
191
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
April 23, 2009
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:36 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Capello, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub,
Woodward, Zack. (22)
EXCUSED ABSENCE WITH NOTICE: Coulter, Runestad. (2)
EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1)
Quorum present.
Invocation given by Sue Ann Douglas.
Pledge of Allegiance to the Flag.
Moved by Gingell supported by Gershenson the minutes of the March 26, 2009 Board Meeting be
approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Jacobsen supported by Gershenson the agenda be amended as follows:
ITEMS ON BOARD AGENDA
FINANCE COMMITTEE
b. Department of Information Technology – Interlocal Agreement to Transfer GIS and Related Data
to Road Commission for Oakland County (RCOC)
(Moved to Regular Agenda.)
ITEMS NOT ON BOARD AGENDA
FINANCE COMMITTEE
h. Department of Management & Budget – 2009 Equalization Report
(Reason for Suspension of Finance Committee, item h.: Waiver of Rule III.: Item shall be presented
to Board Chair for inclusion on Board agenda five days prior to Board meeting. Finance Committee
will meet immediately prior to today’s Board meeting.)
Commissioners Minutes Continued. April 23, 2009
192
Vote on Agenda, as amended:
AYES: Bullard, Burns, Capello, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub,
Woodward, Zack. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the Agenda, as amended, was approved.
The Honorable Wendy Potts presented the annual State of Court Address.
Commissioner Long presented a Proclamation recognizing Youth in Government Day.
Moved by Long supported by Gershenson to acknowledge and proclaim April 23, 2009 as Youth in
Government Day.
A sufficient majority having voted in favor the resolution was adopted.
Students who participated in Youth in Government Day addressed the Board during public comment.
Moved by Zack supported by Capello 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 221.
The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #09079
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: MANAGEMENT AND BUDGET/WATER RESOURCES COMMISSIONER – BLOOMFIELD
VILLAGE 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 Bloomfield Village CSO Drainage District previously has issued its Refunding Bonds,
Series 2001B, dated August 1, 2001 (the “Prior Bonds”), in the original principal amount of $7,830,000,
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 Bloomfield Village CSO Drain, by resolution adopted on March 24,
2009, authorized and provided for the issuance by the Bloomfield Village CSO Drainage District of its
Refunding Bonds, Series 2009 (the “Refunding Bonds”) in the aggregate principal amount of not to
exceed $5,200,000 to refund the Prior 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 Chairperson of
the Drainage Board at the time of sale; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the “County”) for the payment of the principal of
and interest on the Refunding Bonds; and
WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve
debt service savings for the City of Birmingham, City of Bloomfield Hills, the Charter Township of
Bloomfield and the County of Oakland.
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 Birmingham, City of Bloomfield Hills or the Charter Township
of Bloomfield shall fail or neglect to account to the County Treasurer of the County for the amount
Commissioners Minutes Continued. April 23, 2009
193
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 221.)
*MISCELLANEOUS RESOLUTION #09080
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT
TO TRANSFER GIS AND RELATED DATA TO OAKLAND SCHOOLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland Schools has requested certain geographic information systems (GIS) and related
land data for use in its projects to be conducted within the County borders; and
WHEREAS the transmission of this data has previously been provided pursuant to an intergovernmental
agreement which was prepared by the County’s Corporation Counsel; and
WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel; and
WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “Enter
into agreements with other governmental or quasi-governmental entities for the performance of services
jointly”; and
WHEREAS the transmission of the data would benefit the County’s residents.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the attached
intergovernmental agreement and authorize the transfer of the information cited therein, upon the review
and acceptance of the finalized Agreement by Corporation Counsel.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of the County of Oakland, and hereby accepts and binds the County of Oakland to the terms and
conditions of this Agreement.
Chairperson, on behalf of the Finance Committee I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Commissioners Minutes Continued. April 23, 2009
194
INTERGOVERNMENTAL AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEMS
This Intergovernmental Agreement for Geographic Information Systems (the “Agreement”) is made as of
the Effective Date by and between the County of Oakland, a 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 Road, Waterford,
Michigan 48328-2736 (“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 Agreement,
the Parties agree as follows:
1. Purpose of Agreement
1.1. Pursuant to the Enhanced Access to Public Records Act, 1996 PA 462, MCL 15.441 et seq., 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 County
and Oakland Schools enter into this Agreement for the purpose of making data owned and
maintained by the County on or in relation to its Geographic Information System (“GIS”)
available to Oakland Schools without fee or cost for the purposes and uses described in this
Agreement.
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, authorities, officers, committees, employees, agents, and/or any
such successors of each entity.
2.2. “Geographic Information System Data” or “GIS Data” means any output from the County’s
computerized database, developed pursuant to MCL 15.441 et seq., for the purpose of making
public records immediately available for public inspection or their purchase or copying by digital
means.
2.3. “Access Oakland Product” means any specially packaged public record, information or product,
developed pursuant to MCL 15.441 et seq., for the purpose of making public records
immediately available for public inspection or their purchase or copying by digital means, and
available via the County’s website.
3. Terms
3.1. The County agrees to provide Oakland Schools, without fee or cost, with data available as GIS
Data and/or Access Oakland Product in retrievable form for the purpose of conducting Oakland
Schools’ educational and administrative duties and functions.
3.2. Except where this Agreement and its Amendments, if any, provide terms and conditions which
are contrary to those set forth in the Access Oakland User Agreement, this Agreement fully
incorporates, by reference, the Access Oakland User Agreement, as the same may be updated
from time to time at the discretion of the County.
3.3. All requests for GIS Data and/or requests for access to Access Oakland Product specified in
Paragraph 3.1 shall be made by Oakland Schools Manager of Enterprise Network Services,
2111 Pontiac Lake Road, Waterford, MI 48328-2736.
3.4. Requests for GIS Data shall be submitted to the One Stop Shop, Oakland County Michigan and
requests for access to Access Oakland Product shall be submitted to the Access Oakland
website. Either Party to this Agreement may designate another individual to make or receive
such requests by providing prior written notice to the other Party.
3.5. Oakland Schools agrees that it will use any and all GIS Data and Access Oakland Product
provided by the County solely in the performance of its authorized and permitted duties and
functions as an intermediate school district.
3.6. Oakland Schools shall require any and all of its consultants, contractors, subcontractors and/or
volunteers who require access to the GIS Data and Access Oakland Product described in this
Agreement to execute a written agreement by which Oakland Schools’ consultants, contractors,
subcontractors and/or volunteers agree:
3.6.1 To be bound by the terms and conditions of this Agreement;
3.6.2 To refrain from using the GIS Data and Access Oakland Product for any purpose except
those authorized by Oakland Schools in relation to the performance of its official duties
and functions; and
Commissioners Minutes Continued. April 23, 2009
195
3.6.3 To return to Oakland Schools all copies of GIS Data and Access Oakland Product,
regardless of their form or method of storage, upon the completion or termination of its
consulting, contracting, subcontracting or volunteer relationship with Oakland Schools
and/or the completion of its assigned tasks or duties.
3.7 Oakland Schools shall comply with the provisions of MCL 15.443(1)(d). Except to the extent
Oakland Schools’ consultants, contractors, subcontractors and/or volunteers obtain access to
the GIS Data and Access Oakland Product described in this Agreement as provided for in
Section 3.5 and 3.6 above, Oakland Schools agrees that since it is without a mechanism to
collect fees from third parties pursuant to MCL 15.443(1)(d), Oakland Schools is prohibited from
providing GIS Data and Access Oakland Product to third parties. Oakland Schools shall refer
all other requests, not related to this Agreement, to purchase or otherwise acquire GIS Data or
Access Oakland Product to the County.
3.8 Duration. This Agreement shall be for a term of three (3) years from the date the signed and
executed Agreement is filed with the Clerk of the County of Oakland and the Secretary of State
for the State of Michigan, as required by MCL 124.510. (4) (the “Effective Date”).
3.9 Termination. Either Party may terminate this Agreement on seven (7) days written notice for
any reason including failure by Oakland Schools to provide adequate security to protect the
GIS Data and Access Oakland Product from free and/or unauthorized access or use by any
third party or other failure to comply with MCL 15.441 et seq.
3.9.1 Upon termination or expiration of this Agreement, Oakland Schools shall remove and
delete all GIS Data from any and all electronic devices, computers, computer hard drives,
databases, and electronic storage devices within seven (7) calendar days of termination
and, on request from the County, certify in writing that the GIS data has been completely
removed.
3.9.2 Upon termination or expiration of this Agreement, the County will remove any Access
Oakland Product username(s) and password(s) assigned to Oakland Schools.
3.9.3 Provisions regarding the return of GIS Data and Access Oakland Product shall survive
termination and/or expiration of this Agreement and apply to copies of GIS Data and
Access Oakland Product located or identified as in the possession of Oakland Schools
and/or its consultants, contractors or subcontractors after the date of termination and/or
expiration.
3.10 No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating
an employer-employee relationship between the County (including any of its employees) and
Oakland Schools (including any of its employees.)
3.11 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 Party for any claim, damage or liability arising out of or stemming
from the use of GIS Data and Access Oakland Product provided pursuant to this Agreement, or
be construed to waive the defense of governmental immunity held by the County and Oakland
Schools.
3.12 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.
3.13 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.
3.14 Agreement Modifications or Amendments. Any modifications, amendments, recessions,
waivers, or releases to this Agreement must be in writing and executed by both Parties.
3.15 Entire Agreement. This Agreement, together with the applicable provisions of the Access
Oakland User Agreement that are not otherwise addressed in this Agreement, represent the
entire Agreement between the Parties and supercedes all other Agreements between the
Parties governing the matters described here. The language of this Agreement and the Access
Oakland User Agreement shall be construed as a whole according to their fair meaning, and
not construed strictly for or against any Party.
3.16 The Parties have taken all actions and secured all approvals necessary to authorize and
Commissioners Minutes Continued. April 23, 2009
196
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Agreement and bind the Parties to the terms and conditions
contained herein.
3.17 This Agreement shall be governed by the laws of the State of Michigan.
For Oakland Schools:
Vickie L. Markavitch, Superintendent Date
For Oakland County:
Bill Bullard, Jr., Chairperson Date
Oakland County Board of Commissioners
(The vote for this motion appears on page 221.)
*MISCELLANEOUS RESOLUTION #09081
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL
OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE TOWNSHIP OF ORION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Equalization Division provides a number of services to local units of government including
original assessments, reappraisals, and file maintenance; and
WHEREAS these services are provided under contract with the local units as approved by the Board of
Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves entering into the attached Contract for Oakland County Equalization Division Assistance
Services covering the term March 12, 2009 thru April 30, 2009 with the Township of Orion, which has
been signed by its authorized signatories.
BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this
contract.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract
with the concerned unit of government as required by law.
BE IT FURTHER RESOLVED that the FY 2009 Budget be amended as follows to include this contract for
the amount of $18,500.00:
GENERAL FUND (#10100)
Revenue
1020501-186020-631813 Reimb. Equalization Services $18,500
Expenditure
9090101-196030-730359 Non-Dept Contingency $18,500
$ 0
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE TOWNSHIP OF ORION (Real and Personal Property Services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE TOWNSHIP OF ORION, (hereafter, this “Contract”) is made and entered into between the COUNTY
OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North
Telegraph Road, Pontiac, Michigan 48341 (hereafter, the “County”), and the TOWNSHIP OF ORION, a
Michigan Constitutional and Municipal Corporation whose address is 2525 Joslyn Road, Lake Orion,
Michigan 48360 (hereafter, the “Municipality”). In this Contract, either the County and/or the Municipality
may also be referred to individually as a “Party” or jointly as “Parties
Commissioners Minutes Continued. April 23, 2009
197
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the “State”), including, but
not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq is required to perform real
and personal property tax appraisals and assessments for all nonexempt real and personal property
located within the geographic boundaries of the Municipality for the purpose of levying State and local
property taxes.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of
the State Tax Commission mandating the County to perform all or some of the property tax appraisal
and tax assessment responsibilities for real and/or personal property located within the Municipality
geographic boundaries (MCL 211.10(f), the County, has no obligation to provide these Services to or
for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division, may furnish assistance to local assessing officers
in the performance of certain of these legally mandated, Municipality, property appraisal and
assessment responsibilities.
D. The Municipality has requested the County’s Equalization Division assistance in performing the
“Equalization Division Assistance Services” (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient “Equalization Division Personnel,” as defined herein,
possessing the requisite knowledge and expertise and is agreeable to assisting the Municipality by
providing the requested “Equalization Division Assistance Services” under the terms and conditions of
this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (ie “Contract”, “County”, “Municipality”,
“Party”, “Parties”, and “State”), the Parties agree that the following words and expressions when
printed with the first letter capitalized as shown herein, whether used in the singular or plural,
possessive or non and/or either within or without quotation marks, shall, be defined and interpreted as
follows:
1.1. “County Agent” or “County Agents” shall be defined as any and all Oakland County elected
officials, appointed officials, directors, board members, council members, commissioners,
authorities, other boards, committees, commissions, employees, managers, departments,
divisions, volunteers, agents, representatives, and/or any such persons’ successors or
predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in
their personal representative or official capacities), and/or any persons acting by, through, under,
or in concert with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein. “County Agent” and/or “County Agents” shall also include any person who was a
County Agent anytime during the term of this Contract but, for any reason, is no longer employed,
appointed, or elected and serving as a County Agent.
1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and shall be further
defined as any and all County Agents specifically employed and assigned by the County to work
in the Equalization Division of the County’s Department of Management and Budget as shown in
the current County budget and/or personnel records of the County. For any and all purposes in
this Contract, any reference to County Agents shall also include within that term any and all
Equalization Division Personnel, but any reference in this contract to Equalization Division
Personnel shall not include any County Agent employed by the County in any other function,
capacity or organizational unit of the County other than the Equalization Division of the
Department of Management and Budget.
1.3. “Municipality Agent” or “Municipality Agents”, shall be defined to include any and all Municipality
officers, elected officials, appointed officials, directors, board members, council members,
authorities, boards, committees, commissions, employees, managers, departments, divisions,
volunteers, agents, representatives, and/or any such persons’ successors or predecessors,
agents, employees, attorneys, or auditors (whether such persons act or acted in their personal,
representative, or official capacities), and/or any and all persons acting by, through, under, or in
Commissioners Minutes Continued. April 23, 2009
198
concert with any of them, except that no County Agent shall be deemed a Municipality Agent and
conversely, no Municipality Agent shall be deemed a County Agent. “Municipality Agent” shall
also include any person who was a Municipality Agent at any time during this Contract but for any
reason is no longer employed, appointed, or elected in that capacity.
1.4. “Claim(s)” shall be defined to include any and all alleged losses, claims, complaints, demands for
relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability,
penalties, litigation costs and expenses, including, but not limited to, any reimbursement for
reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any
amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the County and/or any
County Agent, as defined herein, or any Claim(s) for which the County and/or any County Agent
may become legally and/or contractually obligated to pay or defend against, or any other liabilities
of any kind whatsoever, whether direct, indirect or consequential, whether based upon any
alleged violation of the constitution (Federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any County
Agent to any third the Municipality, including any Municipality Agent or any Municipality Taxpayer
under or in connection with this Contract or are based on or result in any way from the County’s
and/or any County Agent’s participation in this Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners, persons, or
taxable entities within the Municipality, or their representatives or agents, who may be liable or
responsible for any property taxes assessed by the Municipality pursuant to any applicable State
Property Tax Laws.
1.6. “State” shall be defined as the “State of Michigan,” a sovereign governmental entity of the United
States, and shall also include within its definition any and all departments or agencies of State
government including specifically, but not limited to, the State Tax Commission, the State Tax
Tribunal and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES. The Parties agree that the full and
complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or “Services”).
2.1 “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE PROVIDED
“Equalization Division Assistance Services” or “Services”, to be performed by the County for the
Municipality as those terms are defined in this Contract, shall only include and shall be limited to
the following activities:
2.1.1. This Contract is to provide for annual assessment of real and personal property for the
2009 tax year as required by laws of the State of Michigan. The County agrees to make
assessments of real and personal property within the Municipality pursuant to MCL
211.10d.
2.1.2. The Equalization Division personnel will appraise all new property, process all real and
personal property description changes, prepare the assessment roll for real and personal
property in the Municipality; attend the March Board of Review and other such duties as
required by the State General Property Tax Laws. The Equalization Division personnel
will also be available for consultation on all Michigan Tax Tribunal real and personal
property appeals and will assist the Municipality in the preparation of both the oral and
written defense of appeals, as long as there is a current Contract in effect. However, the
County shall not assist or appear on behalf of the Municipality regarding appeals of
special assessments to the Michigan Tax Tribunal or any other Court or Tribunal.
2.2 PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this Contract
shall be to assist (ie., to help, aid, lend support, and/or participate in as an auxiliary, to contribute
effort toward completion of a goal, etc the Municipality in the performance of that Municipality’s
official functions, obligations, and Municipality’s legal responsibilities for property tax appraisal
and assessment pursuant to the applicable State Property Tax Laws.
Commissioners Minutes Continued. April 23, 2009
199
2.3 MANNER COUNTY TO PROVIDE SERVICES. The Parties agree that any and all “Equalization
Division Assistance Services” or “Services” to be provided by the County for the Municipality
under this Contract shall be performed solely and exclusively by the County’s “Equalization
Division Personnel” as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County in such
numbers and based on such appropriate qualifications and other factors as decided
solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job descriptions
and job specifications and shall in all circumstances control, supervise, train or direct all
Equalization Division Personnel in the performance of any and all Services under this
Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant that, at
all times and for all purposes relevant to this Contract, the County shall remain the sole
and exclusive employer of all County Agents and Equalization Division Personnel and
that the County shall remain solely and completely liable for any and all County Agents’
past, present, or future wages, compensation, overtime wages, expenses, fringe benefits,
pension or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/or other allowances or reimbursements of any kind, including,
but not limited to, workers’ disability compensation benefits, unemployment
compensation, Social Security Act protection(s) and benefits, any employment taxes,
and/or any other statutory or contractual right or benefit based on or in any way related to
any County Agent’s employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change, grant,
modify, supplement, supersede, alter, or otherwise affect or control, in any manner, form,
or at any time, any right, privilege, benefit, or any other term or condition of employment,
of any kind or nature whatsoever, in, upon, or for any County Agent or Equalization
Division Personnel with the County, any applicable County employment and/or union
contract, and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall,
solely and exclusively, govern and control the employment relationship between the
County and any County Agent or Equalization Division Personnel and/or the conduct and
actions of any County Agent or any Equalization Division Personnel. To illustrate, but not
otherwise limit, this Contract does not and shall not be interpreted to limit, modify, control,
or otherwise affect, in any manner:
2.3.4.1. The County’s sole and exclusive right, obligation, responsibility, and discretion to
employ, compensate, assign, reassign, transfer, promote, reclassify, discipline,
demote, layoff, furlough, discharge any Equalization Division Personnel and/or
pay any and all Equalization Division Personnel’s wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide any and all
such terms and conditions of employment and make any and all employment
decisions that affect, in any way, the employment of any Equalization Division
Personnel with the County, subject only to its applicable collective bargaining
Contracts.
2.3.4.2. The County’s sole and exclusive right, obligation, and responsibility to determine,
establish, modify, or implement any and all operational policies, procedures,
orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or
directive which, in any way, governs or controls any activity of any County Agent
or Equalization Division Personnel, any necessary County Agent or Equalization
Division Personnel’s training standards or proficiency(ies), any level or amount of
required supervision, any and all standards of performance, any sequence or
manner of performance, and any level(s) of experience, training, or education
required for any Equalization Division Personnel performing any County duty or
obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of this
Contract and/or laws of this State, no County Agent or Equalization Division Personnel,
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200
while such person is currently and/or actively employed or otherwise remains on the
payroll of the County as a County Agent shall be employed, utilized, or perform any other
services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be
available to perform any other work or assignments by or for the Municipality during the
term of this Contract. This section shall not prohibit the Municipality from employing any
person who was a former County Agent but is no longer employed in that capacity by the
County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law, the
Parties agree and warrant that neither the County, nor any County Agent, nor any
Equalization Division Personnel, by virtue of this Contract or otherwise, shall be deemed,
considered or claimed to be an employee of the Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization Division
Personnel with any job instructions, job descriptions, job specifications, or job duties, or in
any manner attempt to control, supervise, train, or direct any Personnel in the
performance of any County’s Equalization Division Assistance Services duty or obligation
under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES”. Except as otherwise expressly provided
for within this Contract, neither the County nor any County Agents shall be responsible for
assisting or providing any other “Services“ or assistance to the Municipality or assume any
additional responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State Property Tax Laws, including, but not limited to,
providing any attorney or legal representation to the Municipality or any Municipality Agent at any
proceeding before the Michigan Tax Tribunal or any other adjudicative body or court, except as
expressly provided for in this Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for
any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation under any applicable State Property Tax Laws. The
Municipality shall employ and retain its own Municipality legal representation, as
necessary, to defend any such claim or challenge before the State Tax Tribunal or any
other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon
licensed Equalization Division Personnel (i.e., State Licensed and Certified Real and/or
Personal Property Tax Assessors) to defend property tax appraisals and assessments
that they either performed, or were otherwise performed under their supervision, before
the Michigan Tax Tribunal, the Parties agree that no other County Agents, including any
County attorneys shall be authorized, required and/or otherwise obligated under this
Contract or pursuant to any other agreement between the Parties to provide any legal
representation to or for the Municipality and/or otherwise defend, challenge, contest,
appeal, or argue on behalf of the Municipality before the Michigan Tax Tribunal or any
other review body or court.
§3. TERM OF CONTRACT. The Parties agree that the term of this Contract shall begin on the effective
date of this Contract, as otherwise provided herein, and shall end on April 30, 2009, without any
further act or notice from either Party being required. Any and all County Services otherwise provided
to the Municipality prior to the effective date of this Contract, shall be subject to the terms and
conditions provided for herein.
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY. Except as expressly
provided for in this Contract, the Municipality agrees that this Contract does not, and is not intended
to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization Division
Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the Municipality
under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and
all costs, legal obligations, and/or civil liabilities associated with or in any way related to any
Municipality tax appraisal or assessment functions or any other Municipality legal obligation. The
Municipality agrees that under no circumstances shall the County be responsible for any costs,
Commissioners Minutes Continued. April 23, 2009
201
obligations, and/or civil liabilities associated with its Municipality function or any responsibility
under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the County
and shall take all necessary steps to ensure that any debts, liens, liabilities or obligations that the
Municipality may incur shall not become a debt, liability, obligation or Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the ultimate
completion of any and all Municipality duties or obligations under any and all applicable State
Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality duty
or obligation under any applicable State Property Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance with all
Federal, State, and local laws, ordinances, regulations, and agency requirements in any manner
affecting any work or performance of this Contract or with any Municipality duty or obligation
under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY. The Parties reserve
to themselves any rights and obligations related to the provision of any and all of each Party’s
respective governmental services, authority, responsibilities, and obligations. Except as expressly
provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate,
transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right,
privilege, power, civil or legal responsibility, obligation, duty of care, liability, capacity, immunity,
authority or character of office of either Party to any other person or Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract, that no
provision in this Contract is intended, nor shall it be construed, as a waiver of any governmental
immunity, as provided by statute or applicable court decisions, by either Party, either for that
Party and/or any of that Party’s County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed to,
in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights and
obligations to review and/or further equalize Municipality property values or tax assessments
and/or further act upon any Municipality assessment(s) of property taxes under any applicable
State Property Tax Laws, including, but not limited to challenging any Municipality assessment
before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE. In consideration of the promises set forth in this Contract, the Municipality
agrees to pay to the County: For the contract year 2009 the sum of $18,500.00. Payment for the
contract year 2009 is payable on or before July 1, 2009. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional fees to be paid by
the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working hours to be billed
at the applicable Equalization Division personnel’s overtime rate and charged to the Municipality
over and above any other fees described in this Contract, with the following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211 30(3).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property statements and
personal property notices mailed relating to work performed under this Contract. The Municipality
agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required
under this Contract, the MUNICIPALITY agrees that upon notice from the Oakland County
Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official
authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to
withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or
completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid
directly to the County. Further, the MUNICIPALITY waives any claims against the State or
County, or their respective officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required
under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to set
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.
Commissioners Minutes Continued. April 23, 2009
202
Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY.
Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such
amounts paid to the County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail for any
reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY
agrees that the County may discontinue, upon thirty (30) days written notice to the Municipality,
without any penalty or liability whatsoever, any County services or performance obligations under
this Contract.
6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any other
legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County
under this Agreement. The remedies in this paragraph are available to the County on an ongoing
and successive basis, as the MUNICIPALITY becomes delinquent in its payments.
§7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality for
any and all Claim(s), except as otherwise expressly provided for in this Contract.
7.1. The Parties agree that this Contract does not and is not intended to create or include any County
warranty, promise, covenant or guaranty, either express or implied, of any kind or nature
whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any Municipality
Taxpayer or any other person or entity, or that the County’s efforts in the performance of any
obligation under this Contract will result in any specific monetary benefit or efficiency, or increase
in any tax revenue for the Municipality, or will result in any specific reduction or increase in any
property assessment, or guarantee that any County services provided under this Contract will
withstand any challenge before the State Tax Tribunal or any court or review body, or any other
such performance outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract by either the County or any County Agent, the County and/or any
County Agent shall not be liable to the Municipality for any indirect, incidental, special or
consequential damages, including, but not limited to any replacement costs for County Services,
any loss of income or revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State Property Tax Laws, or any other economic benefit or harm
that the Municipality may have realized, but for any alleged breach, wrongful termination, default
and/or cancellation of this Contract, or damages beyond or in excess of the amount(s) of any
amount paid to, received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach or default is
alleged in an action in contract or tort and/or whether or not the Municipality has been advised of
the possibility of such damages. This provision and this Contract are intended by the Parties to
allocate the risks between the Parties, and the Parties agree that the allocation of each Party
efforts, costs, and obligations under this Contract reflect this allocation of each Party risk and the
limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged losses,
claims, complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liabilities, penalties, litigation costs and expenses, including, but not
limited to, any reimbursement for reasonable attorney fees, witness fees, court costs,
investigation and/or litigation expenses, any amounts paid in settlement, and/or any other
amounts, liabilities of any kind whatsoever which are imposed on, incurred by, or asserted
against the Municipality or any Municipality Agent by any third person, including but not limited to
any Municipality Agent or Municipality Taxpayer, arising out of any activities or Services to be
carried out by any County Agent in the performance of this Contract, the Municipality hereby
agrees that it shall have no rights pursuant to or under this Contract against the County and/or
any County Agents to or for any indemnification (i.e., contractually, legally, equitably, or by
implication) contribution, subrogation, or other right to be reimbursed by the County and/or any of
County Agents based upon any and all legal theories or alleged rights of any kind, whether known
or unknown, for any and all alleged losses, claims, complaints, demands for relief or damages,
judgments, deficiencies, liability, penalties, litigation costs and expenses of any kind whatsoever
which are imposed on, incurred by, or asserted against the Municipality and which are alleged to
have arisen under or are in any way based or predicated upon this Contract.
Commissioners Minutes Continued. April 23, 2009
203
7.4. If the Municipality requests and the County agrees, the County may prepare the actual tax
statement for mailing by the Municipality to Municipality taxpayers. In preparing any such tax
statement the County shall rely upon certain data provided by the Municipality beyond the data
gathered by the County under this contract, including, but not limited to, the applicable millage
rates. The parties agree that under no circumstances shall the County be held liable to the
Municipality or any third party based upon any error in any tax statement due to information
supplied by the Municipality to the County for such purposes.
§8. MUNICIPALILTY AGENTS AND COOPERATION WITH THE COUNTY. The Municipality agrees that
it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all
Municipality Agents fully cooperate with Equalization Division Personnel in the performance of all
County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications and
other factors as decided by the Municipality. The Municipality agrees that it shall be solely
responsible for furnishing all Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality Agents and shall be
solely responsible for the means and manner in which Municipality’s duties or obligations under
any applicable State Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all Municipality
Agents’ past, present, or future wages, compensation, overtime wages, expenses, fringe benefits,
pension or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/or other allowances or reimbursements of any kind, including, but not
limited to, workers’ disability compensation benefits, unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or
contractual right or benefit based on or in any way related to any Municipality Agent’s
employment status or any alleged violation of any Municipality Agent’s statutory, contractual (i.e.,
union, employment, or labor contract), constitutional, common law employment right, and/or civil
rights by the Municipality. The Municipality agrees to indemnify and hold harmless the County
from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against
the County or any County Agent by any Municipality Agent and/or which are based upon, result
from, or arise from, or are in any way related to any Municipality Agent’s wages, compensation,
benefits, or other employment related or based rights, including, but not limited to, those
described in this section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or otherwise,
be considered or claimed to be an employee of the County and/or a County Agent. This Contract
does not grant or confer, and shall not be interpreted to grant or confer, upon any Municipality
Agents or any other individual any status, privilege, right, or benefit of County employment or that
of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity affecting the
tax status of any parcel including but not limited to the following: Downtown Development
Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In addition, the
Municipality agrees to notify the County of any application for abatement or tax exemption. The
County shall be informed of these proposed changes prior to presentation to the governing body
of the Municipality and upon approval of the governing body of the Municipality.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation, which is
governed by the Truth in Taxation Act. The County shall be informed of these proposed changes
prior to approval by the governing body of the Municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail of
roll changes, maintaining the rolls in balance, and providing the Oakland County Equalization
Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the
County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s Equalization
Division on a monthly basis.
8.7.3 Be responsible for the establishment, accuracy and compilation of all Special
Assessment rolls in the Municipality.
Commissioners Minutes Continued. April 23, 2009
204
8.7.4. Forward all authority descriptions, development and/or TIF plans and related approving
resolutions, exemption applications, transfer affidavits, personal property statements and
any and all other documents affecting the status or value of property located within the
Municipality to the County’s Equalization Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the Municipality to
the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the tasks in
Section 8.7 above, the County’s Equalization Division may perform these tasks and they shall be
paid on a time and material basis. Such rate shall be based upon the wages plus benefits of the
person or persons performing said tasks.
§9. INDEPENDENT CONTRACTOR. The Parties agree that at all times and for all purposes under the
terms of this Contract, the County’s and/or any and all County Agents’ legal status and relationship to
the Municipality shall be that of an Independent Contractor. Except as expressly provided herein,
each Party will be solely responsible for the acts of its own employees, Agents, and servants during
the term of this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract.
§10.COUNTY PRIORITIZATION OF COUNTY RESOURCES. The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor of
the Municipality, or any correspondent absolute duty or obligation upon the County, to guarantee that
any specific number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
§11.INDEMNIFICATION. The Municipality shall not be obligated to pay any portion of any court ordered
judgment or award to a third party for which a court has determined that the County and/or any
County Agent was solely negligent or at fault. However, the Municipality agrees to, indemnify and
hold the County and/or any County Agent harmless from and against any and all Claim(s) which are
imposed upon, incurred by, or asserted against the County and/or any County Agent by any
Municipality Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or intentional act(s) or
omission(s) by the Municipality and/or any Municipality Agent, including, but not limited to: (a) any
alleged breach of legal duty to any person by the Municipality and/or any Municipality Agent; (b) any
alleged failure by the Municipality or any Municipality Agent to comply with any Municipality duty or
obligation in this Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent’s services, buildings, equipment, or any other event, occurrence, duty, or
obligation related or attendant thereto.
§12.CANCELLATION OR TERMINATION OF THIS CONTRACT. Except as follows, and notwithstanding
any other term or provision in any other section of this Contract, either Party, upon a minimum of
ninety (90) calendar days written notice to the other Party, may cancel and/or completely terminate
this Contract for any reason, including convenience, without incurring any penalty, expense, or liability
to the other Party. The effective date for any such termination is to be clearly stated in the notice.
12.1.At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or
County obligations under this Contract, except those rights and obligations expressly surviving
cancellation as provided for in this Contract, shall end.
12.2.The Municipality agrees that any and all Municipality obligations, including, but not limited to, any
and all indemnification and hold harmless promises, waivers of liability, record requirements, any
Municipality payment obligations to the County, and/or any other related obligations provided for
in this Contract with regard to any acts, occurrences, events, transactions, or Claim(s) either
occurring or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or completion of this
Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT. The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
Township of Orion. The approval and terms of this Contract, and/or any possible subsequent
amendments thereto, shall be entered in the official minutes and proceedings of both the Oakland
County Board of Commissioners and the Township of Orion and shall also be filed with the office of
the Clerk of the County and the Township of Orion.
Commissioners Minutes Continued. April 23, 2009
205
§14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed
with the Michigan Secretary of State and this Contract, and/or any possible subsequent
amendments, shall not become effective prior to this required filing with the Secretary of State.
14.1.The Parties agree that except as expressly provided herein, this Contract shall not be changed,
supplemented, or amended, in any manner, except as provided for herein, and no other act,
verbal representation, document, usage or custom shall be deemed to amend or modify this
Contract in any manner.
§15. NO THlRD-PARTY BENEFICIARIES. Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (ie, contractually, legally, equitably, or by implication) and/or any right to be subrogated
to any Party rights in this Contract, and/or any other right of any kind, in favor of any person,
including, but not limited to, any County Agent or Municipality Agent or any Municipality Taxpayer,
any Taxpayer’s legal representative, any organization, any alleged unnamed beneficiary or
assignee, and/or any other person.
§16. CONSTRUED AS A WHOLE. The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or
against any party. As used in this Contract, the singular or plural number, possessive or non-
possessive shall be deemed to include the other whenever the context so suggests or requires.
§17. CAPTIONS. The section headings or titles and/or all section numbers contained in this Contract are
intended for the convenience of the reader and not intended to have any substantive meaning and
are not to be interpreted as part of this Contract.
§18. NOTICES. Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
including any notice canceling or terminating this Contract as provided for herein, shall be sent to the
other Party’s signatory to this Contract, or that signatory’s successor in office, at the addresses
shown in this Contract. All correspondence or written notices shall be considered delivered to a
Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal
Service.
§19. WAIVER OF BREACH. The waiver of a breach of any provision of this Contract shall not operate or
be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTlRE CONTRACT. This Contract, consisting of a total of fourteen (14) pages, sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except as
expressly stated herein. This Contract shall not be changed or supplemented orally and may be
amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Matthew A. Gibb, Supervisor of the Township of Orion hereby acknowledges
that he has been authorized by a resolution of the Board of Trustees of the Township of Orion, a certified
copy of which is attached, to execute this Contract on behalf of the Municipality and hereby accepts and
binds the Municipality to the terms and conditions of this Contract.
EXECUTED: ___________________ DATE:
Matthew A. Gibb, Supervisor
Township of Orion
WITNESSED: DATE:
Penny S. Shults, Clerk
Township of Orion
Commissioners Minutes Continued. April 23, 2009
206
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
(The vote for this motion appears on page 221.)
*MISCELLANEOUS RESOLUTION #09082
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2009 FIRST QUARTER
FINANCIAL FORECAST AND FY 2009/FY 2010 BUDGET AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of
Government, provides for adjustments to the adopted budget; and
WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes
budget amendments for variances between the budgeted revenue and actual revenue, and Section 23,
which authorizes budget amendments for variance between estimated revenue and projected
expenditures, amendments are required; and
WHEREAS the Fiscal Year (FY) 2009 First Quarter Financial Forecast Report has identified several
variances and budget amendments are recommended; and
WHEREAS a budget amendment is recommended to the Child Care Fund (#20293) and General Fund
(#10100) FY 2009 and FY 2010 budget for Circuit Court, Children’s Village and Human Services -
Administration in order to align these budgets with the Child Care Fund contract as approved per M.R.
#08170; and
WHEREAS Mediation Funds are recognized in the General Fund annually to cover the cost of attorney
fees for civil mediations, and due to a reduction in the amount anticipated for attorney fees, a budget
amendment is recommended to reflect this revenue reduction for FY 2009 and FY 2010; and
WHEREAS the 52nd District Court – Division IV (Troy) renegotiated their Drug Testing contract from
$50,000 to $10,000, and an amendment is recommended to allocate $35,000 of the savings to Interpreter
Fees and Charge Card Fees to offset an increase in demand for these services; and
WHEREAS the Treasurer’s Office does not anticipate using $24,000 in the Computer Supplies line-item
and is requesting these funds be reallocated to Office Supplies and Charge Card Fees due to the
increase in credit card usage; and
WHEREAS a budget amendment is recommended to reallocate $10,000 from the Prosecutor’s Office
Expendable Equipment Expense account (#750154) to Other Expendable Equipment (#750170) to more
accurately reflect the budget with the actual expense; and
WHEREAS a budget amendment in the amount of $1,200,000 is recommended to budget funds for
Diverted Felons in the Corrective Services Division where the actual revenue is earned rather than the
Sheriff-Administrative Services Division; and
WHEREAS a budget amendment is recommended to recognize $60,000 in revenue and appropriate
offsetting expenses for the Sheriff’s Office Professional Services contract with RDK for collections
processing; and
WHEREAS a budget amendment of $12,000 is recommended in the Sheriff’s Professional Services
account to more accurately reflect the budget with the actual expense for a contract extension with
Redwood Toxicology Lab; and
WHEREAS a budget amendment is recommended in the amount of $24,468 for the Sheriff’s Patrol
Services Gasoline Charges due to a change in rate structure; and
Commissioners Minutes Continued. April 23, 2009
207
WHEREAS Per Diem’s have decreased for the Board of Commissioners since costs only recovered from
memberships related to the Parks and Recreation Commission and Water Resources Commissioner; a
budget amendment of $1,100 is recommended to reflect this reduction; and
WHEREAS the Water Resources Commissioner is requesting a budget amendment totaling $858,314
based on revised projected revenues and expenses primarily from anticipated increase in
Reimbursement General for the Collaborative Asset Management System (CAMS) Project, primarily
offset by decreased revenue for ISO/Safety Program and Soil Erosion Fees due to downturn in the
housing market, which effects both the Water Commissioner’s General Fund (#10100) budget and Sewer
Disposal System Funds (#58410, #58600, #58700, and #57010); and
WHEREAS a budget amendment of $1,300 is recommended to reappropriate Printing budget to
Convenience Copier budget for the Auditing Division to offset increase in copier usage; and
WHEREAS Facilities Engineering is requesting a budget amendment of $2,000 to reallocate anticipated
favorability in Expendable Equipment Expense to Telephone Communications to upgrade cell phones;
and
WHEREAS a budget amendment totaling $150,000 to Human Services-Administration budget is
requested to reflect increase in insurance to operate Golden Oaks, adjust Management Services budget
to more accurately reflect budget with actual expenditures, adjust revenue to reflect rebate from contract
with Golden Oaks, and reduce Private Institutions due to expiration of contract with Havenwyck for county
wards; and
WHEREAS a budget amendment of $102,697 is recommended for the Community Corrections Division to
correct budget for General Fund portion of salaries and fringe benefit budget for two (2) employees, which
are fifty-percent (50%) funded by the General Fund and fifty-percent (50%) funded by the Community
Corrections Comprehensive grant per MR #08274, and funding is available in the Non-Department Grant
Match account to offset the General Fund expense for these positions; and
WHEREAS Economic Development has received donations from Beaumont Hospital, McLaren Hospital,
and Oakland University totaling $26,000 to partially fund a Health Care and Life Science Industry study
and $3,000 from ITC Holdings Co. toward operating costs of the Business Roundtable event and
requests an amendment for these donations; and
WHEREAS a budget amendment is recommended in Economic Development to reallocate $15,000 in
donation revenue appropriations and $10,610 in expenditures to more accurately correspond the
appropriations with the correct account classifications; and
WHEREAS a budget amendment totaling $4,737 is recommended for FY 2009 and FY 2010 in the
Economic Development Department to correct the division/unit for intern salaries and fringe benefits
appropriation from Waste Resource Management to Planning and Economic Development Services; and
WHEREAS a budget amendment totaling $200,000 is recommended to recognize a decrease in Income
From Investments and Cigarette Tax Distribution, and an increase in State Court Equity Distribution
revenue, to offset the decline in revenue anticipated and funding available in Grant Match; and
WHEREAS a budget amendment for FY 2009 and FY 2010 is requested for the Health Division to
reallocate $20,000 in funding from Class Fees to Education Fees to reflect the budget appropriation in the
account with the actual revenue; and
WHEREAS a budget amendment in the amount of $1.6 million is recommended to the Interim Retirees
Medical Benefits Trust Fund (#21145) to reflect the revised ARC payment for FY 2009; and
WHEREAS the County Treasurer and Information Technology recommend a budget amendment to
transfer funds in the amount of $1,848,142 for the remaining implementation costs associated with the
implementation of the Treasurer’s Office System that was previously approved per MR #06173; and
WHEREAS a budget amendment is requested for the Circuit Court’s Friend of the Court Fund (#27100)
as Salaries and Fringe Benefits were inadvertently overstated by $25,247 for the FY 2009 General Salary
Increase; and
WHEREAS an amendment to the Children’s Village Screening Grant Fund (#28002) is requested to
reallocate funding within various accounts to reflect the budget with the grant match acceptance; and
WHEREAS the Planning and Economic Development Services (PEDS) Division promotes business
development through the Community Partnerships Special Revenue Fund #21182 and requests the
establishment of the Fund’s FY 2009 and FY 2010 Budget in the amount of $81,500; and
WHEREAS the Economic Development Corporation (EDC) Board has approved the FY 2009 Special
Revenue Budget for the EDC in the amount of $61,000, and a budget amendment is recommended to
Commissioners Minutes Continued. April 23, 2009
208
amend the FY 2009 and FY 2010 Special Revenue Budget for the Economic Development Corporation
Fund (#21180); and
WHEREAS a budget amendment is requested to the Fire Records Management System Fund (#53100)
to reallocate the budget from Expendable Equipment to Software Maintenance in the amount of $10,000
for system maintenance; and
WHEREAS per MR #08084 a budget amendment of $130,000 is recommended to the CLEMIS Fund for
FY 2009 to adjust both Maintenance Contract Revenue and Equipment Maintenance Expense due to
CLEMIS no longer maintaining Live Scan equipment and participating agencies receiving new Live Scan
equipment that is covered under warranty; and
WHEREAS a budget amendment is recommended to reallocate funds from Leased Equipment expense
to Gasoline Charge expense for the Drain Equipment Fund vehicles to reflect the budget with the actual
fuel usage; and
WHEREAS there has been a change in the rate structure and usage of vehicles within the Motor Pool
Fund (#66100), and a budget amendment of $116,652 is recommended to reflect these changes; and
WHEREAS a budget amendment of $18,120 is requested in the Equipment Fund (#66400) for the Use of
Fund Balance to offset the increase in expense for maintenance contracts; and
WHEREAS the Print Shop has changed its billing process for stationary stock and the Mailroom
purchased new software for the Olympus mailing machine due to an upgrade by the United States Postal
Service, and a budget amendment is recommended to reallocate revenue for Stationary Stock Issued
($101,127) and Printing revenue ($7,000) to reflect the change in billing, and recognize $48,211 as use of
the Fund Balance to Software Rental Lease to cover cost for upgrading the Olympus mail machine; and
WHEREAS a budget amendment of $71,900 is requested in the Building Liability Fund to reflect use of
Budget Equity to offset increase in Indirect Cost; and
WHEREAS grant funding in the amount of $7,500 for the FY 2009 Health Child Services budget was
inadvertently omitted from the FY 2009/FY 2010 Adopted Budget Summary Report, and although no
budget amendment is recommended, it is recommended that the budget be included in the Summary of
the Budget; and
WHEREAS the Human Resources Department is projected to incur significant expenses related to legal
services, court reporter services and professional services associated with the ACT 312 proceedings, for
which a budget amendment is recommended to recognize $250,000 in funds from the Designated Fund
Balance account for HR-Legal Expense (GL Account #371450) to the HR – Administration Division
budget to offset these costs; and
WHEREAS due to cutbacks, the State of Michigan is no longer providing the service of polygraph testing
for the local police departments, and the Sheriff’s Office has been requested by the local police
departments to provide polygraph testing services; and
WHEREAS a budget amendment is recommended to use funds from the Capital Cooperative Initiatives
Revolving Fund (#21150) in the amount of $20,000 to offset the expense for providing Polygraph Testing
services through the Sheriff’s Office; continuation of these services is under review, pending further
discussions; and
WHEREAS the County has received several donations for the Oakland County Lady Justice Restoration
Project totaling to date $1,450.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2009
First Quarter Financial Report.
BE IT FURTHER RESOLVED that the FY 2009 and FY 2010 Budget be amended pursuant to Schedules
A and B.
BE IT FURTHER RESOLVED that $250,000 from the HR - Legal Services Designated Fund Balance
account be appropriated as follows:
GENERAL FUND (#10100)
Revenue
9010101-196030-665882 Planned Use of Fund Balance $250,000
Total General Fund Revenue $250,000
Expenditures
1050102-183010-731415 Human Resources – Court Reporter Services $ 5,000
1050102-183010-731073 Human Resources – Legal Services 200,000
1050102-183010-731458 Human Resources – Professional Services 45,000
Total General Fund Expenditure $250,000
Commissioners Minutes Continued. April 23, 2009
209
Total General Fund $ -0-
BE IT FURTHER RESOLVED that $20,000 from the Capital Cooperative Initiatives Revolving Fund
(CCIRF) be appropriated as follows:
GENERAL FUND (#10100)
Expenditures
4030901-110060-730373 Sheriff Invest/Foren Svcs-Contracted Svcs $ 20,000
9010101-132320-788001-21150 Transfer Out from CCIRF ( 20,000)
Total Expenditures $ -0-
CCIRF FUND (#21150)
Revenue
9010101-132320-695500-10100 Transfer In from General Fund ($ 20,000)
Expenditure
4030601-116200-760051 Boats ($ 20,000)
Total $ -0-
BE IT FURTHER RESOLVED that the Board of Commissioners approves including $7,500 for FY 2009
Health Child Services Grant Budget in the FY 2009/FY 2010 Adopted and Amended Budget Summary
Report.
BE IT FURTHER RESOLVED that donations made to Oakland County for the Lady Justice Restoration
Project and the Economic Development Corporation (EDC) be accepted.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Letter of Transmittal from Laurie Van Pelt, Tim Soave, Nancy Fournier and LaVerne Smith
regarding Fiscal Year 2009 First Quarter Report, FY 2009/2010 First Quarter Budget Amendments and
General Fund/General Purpose Revenue & Expenditures Summary on file in County Clerk’s office.
(The vote for this motion appears on page 221.)
*MISCELLANEOUS RESOLUTION #09083
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AWARD OF CONTRACT FOR THE
2009 PARKING LOT PAVING PROGRAM – SOUTH OAKLAND OFFICE BUILDING PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Fiscal Year 2009 Capital Improvement Program identifies funding in the amount of
$650,000 for the 2009 Parking Lot Paving Program for the South Oakland Office Building; and
WHEREAS the Parking Lot Paving Program will remove and replace the parking lot paving at the South
Oakland Office Building, which has deteriorated significantly; and
WHEREAS the Planning & Building Committee on October 14, 2008 authorized advertising and receipt of
bids for the 2009 Parking Lot Paving Program; and
WHEREAS in accordance with Purchasing Division procedures, bids for the project were received and
reviewed on March 23, 2009 by the Facilities Engineering Division and the Purchasing Division; and
WHEREAS the lowest responsible bidder is Asphalt Specialists, Inc. of Pontiac, Michigan with a bid in the
amount of $341,810; and
WHEREAS total project costs of $430,000 are recommended by the Facilities Engineering Division,
including the contract award of $341,810, Engineering costs of $15,000, Landscaping Restoration costs
of $5,000, and Contingency of $68,190; and
WHEREAS funding for the project is available in the FY 2009 Capital Improvement Program/Building
Improvement Fund (#40100).
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an award of contract
for the 2009 Parking Lot Paving Program – South Oakland Office Building Project to Asphalt Specialists,
Inc., of Pontiac, Michigan in the amount of $341,810.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $430,000 from the Capital Improvement Program/Building Improvement Fund (#40100) to the
Project Work Order Fund (#40400) to establish the 2009 Parking Lot Paving Lot Program – South
Oakland Office Building Project (#100000001259).
Commissioners Minutes Continued. April 23, 2009
210
BE IT FURTHER RESOLVED that the FY 2009 Budget is amended as follows:
BUILDING IMPROVEMENT FUND #40100
1040101-989999-788001-40400 Transfer Out ($430,000)
PROJECT WORK ORDER FUND #40400
1040101-989999-695500-40100 Transfer In $430,000
$ -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 221.)
*REPORT (MISC. #09074)
BY: General Government Committee, Christine Long, Chairperson
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:
The General Government Committee, having considered the above titled resolution on April 6, 2009,
recommends that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
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
Commissioners Minutes Continued. April 23, 2009
211
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.
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 vote for this motion appears on page 221.)
*REPORT (MISC. #09069)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: WATER RESOURCES COMMISSIONER DEPARTMENT – REORGANIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09069 on April 8, 2009 reports with the
recommendation 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 #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
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
Commissioners Minutes Continued. April 23, 2009
212
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
FISCAL NOTE (MISC. #09069)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: WATER RESOURCES COMMISSIONER 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:
Commissioners Minutes Continued. April 23, 2009
213
1. The Oakland County Water Resources Commissioner is requesting a reorganization to better
manage the growing demands put on the office and to meet the Budget Task for fiscal years
2010, 2011 and 2012.
2. The following is requested as part of the reorganization:
a. Delete eight (8) positions:
Civil Engineer III (#6010316-07033)
Civil Engineer III (#6010205-01123)
Civil Engineer II (#6010305-06412)
Chief Engineer WRC (#6010305-00222)
Construction Inspector IV (#6010335-05438)
Construction Inspector II (#6010326-06902)
Construction Inspector II (#6010335-07093)
Secretary II (#6010101-00814)
b. Create four (4) new positions:
Chief Manager WRC
Three (3) Assistant Chief Engineers
c. Change the funding for one (1) Supervisor Inspection Services position (#6010326-
03424) from 100% Special Revenue to 80% General Fund/General Purpose and 20%
Special Revenue.
3. Fiscal year 2009, the reorganization results in half a year savings to the General Fund of
$72,155, which will be offset by the Special Revenue Funds increasing $50,785 for a net savings
of $21,370.
4. Fiscal year 2010, the reorganization results in a savings to the General Fund of $144,308. Also,
one (1) GF/GP Construction Inspector II position (#6010335-06522) for $58,506 will be deleted,
and line item reductions of $31,425 for the Stream Gage program and a $2,814 reduction in Dues
& Memberships. FY 2010 impact will be a General Fund budget decrease of $237,053 and an
increase to Special Revenue Fund budgets of $101,565 for a net savings of $135,488.
5. Fiscal years 2011 and 2012, the reorganization will result in reoccurring savings to the General
Fund of $144,308, along with reoccurring saving for the previous Construction Inspector II
position (#6010335-06522) deletion of $58,506, line item reductions for the Stream Gage
program of $31,425, the Dues & Memberships of $2,814 and the additional deletion of one (1)
GF/GP Construction Inspector II position (#6010335-10150) for $58,506. FY 2011 and 2012
impact will be a General Fund budget decrease of $295,559 and an increase to Special Revenue
Fund budgets of $101,565 for a net savings of $193,994.
6. The revenue for the Special Revenue positions will come from the fees generated from the Water
and Sewer Disposal System Funds and other Special Revenue Funds.
7. The duties and responsibilities of the deleted positions will be distributed to other divisional
employees or incorporated into the newly created positions.
8. To include the changes into the different budgets the following budget amendment is
recommended for the 2009, 2010, 2011 and 2012 fiscal year budgets:
GENERAL FUND (10100) FY 2009 FY 2010 FY 2011/12
Expenses
6010101-155010-702010 Salaries ($ 26,913) ($ 53,822) ($ 53,822)
6010101-155010-722750 Workers Comp. ($ 284) ($ 570) ($ 570)
6010101-155010-722760 Group Life ($ 74) ($ 148) ($ 148)
6010101-155010-722770 Retirement ($ 7,605) ($ 15,211) ($ 15,211)
6010101-155010-722780 Medical ($ 4,768) ($ 9,535) ($ 9,535)
6010101-155010-722790 FICA ($ 1,842) ($ 3,683) ($ 3,683)
6010101-155010-722800 Dental ($ 390) ($ 779) ($ 779)
6010101-155010-722810 Disability ($ 104) ($ 207) ($ 207)
6010101-155010-722820 Unemployment Ins. ($ 51) ($ 103) ($ 103)
6010101-155010-722850 Optical ($ 33) ($ 67) ($ 67)
6010101-174250-702010 Salaries ($ 19,253) ($ 75,937) ($113,369)
6010101-174250-722750 Workers Comp. ($ 204) ($ 802) ($ 1,200)
6010101-174250-722760 Group Life ($ 53) ($ 209) ($ 311)
Commissioners Minutes Continued. April 23, 2009
214
6010101-174250-722770 Retirement ($ 5,440) ($ 21,460) ($ 32,038)
6010101-174250-722780 Medical ($ 3,410) ($ 13,453) ($ 20,084)
6010101-174250-722790 FICA ($ 1,317) ($ 5,197) ($ 7,758)
6010101-174250-722800 Dental ($ 279) ($ 1,099) ($ 1,641)
6010101-174250-722810 Disability ($ 74) ($ 293) ($ 437)
6010101-174250-722820 Unemployment Ins. ($ 37) ($ 145) ($ 216)
6010101-174250-722850 Optical ($ 24) ($ 94) ($ 141)
6010101-174450-731857 Stream Gauge ($ 31,425) ($ 31,425)
6010101-155010-731213 Dues & Memberships ($ 2,814) ($ 2,814)
6010101-155010-740023 WRC-Budget Transit $ 72,155 $237,053 $295,559
Total Expenditures $ 0 $ 0 $ 0
SDS FUND (58410)
Revenue
6010201-149030-632086 Sewage Disposal Ser. $ 3,836 $ 7,669 $ 7,669
Total Revenue $ 3,836 $ 7,669 $ 7,669
Expense
6010201-149030-702010 Salaries $ 2,403 $ 4,804 $ 4,804
6010201-149030-722740 Fringes $ 1,433 $ 2,865 $ 2,865
Total Expenditures $ 3,836 $ 7,669 $ 7,669
SDS FUND (58530)
Revenue
6010201-149030-632086 Sewage Disposal Ser $ 3,368 $ 6,737 $ 6,737
Total Revenue $ 3,368 $ 6,737 $ 6,737
Expense
6010201-149030-702010 Salaries $ 2,161 $ 4,323 $ 4,323
6010201-149030-722740 Fringes $ 1,207 $ 2,414 $ 2,414
Total Expenditures $ 3,368 $ 6,737 $ 6,737
SDS FUND (58600)
Revenue
6010201-149030-632086 Sewage Disposal Ser $ 2,594 $ 5,187 $ 5,187
Total Revenue $ 2,594 $ 5,187 $ 5,187
Expense
6010201-149030-702010 Salaries $ 1,634 $ 3,268 $ 3,268
6010201-149030-722740 Fringes $ 960 $ 1,919 $ 1,919
Total Expenditures $ 2,594 $ 5,187 $ 5,187
SDS FUND (58700)
Revenue
6010201-149030-632086 Sewage Disposal Ser $ 309 $ 619 $ 619
Total Revenue $ 309 $ 619 $ 619
Expense
6010201-149030-702010 Salaries $ 189 $ 379 $ 379
6010201-149030-722740 Fringes $ 120 $ 240 $ 240
Total Expenditures $ 309 $ 619 $ 619
WATER & SEWER TRUST FUND (57010)
Revenue
6010201-149030-632086 Sewage Disposal Ser $ 20,339 $ 40,676 $ 40,676
6010201-149030-632450 Water Sales General $ 20,339 $ 40,677 $ 40,677
Total Revenue $ 40,678 $ 81,353 $ 81,353
Expense
6010201-149030-702010 Salaries $ 26,104 $ 52,208 $ 52,208
6010201-149030-722740 Fringes $ 14,574 $ 29,145 $ 29,145
Total Expenditures $ 40,678 $ 81,353 $ 81,353
FINANCE COMMITTEE
(The vote for this motion appears on page 221.)
Commissioners Minutes Continued. April 23, 2009
215
*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 on file in County Clerk’s office.
FISCAL NOTE (MISC. #09070)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Sheriff’s Department helicopters currently housed at the Oakland County International Airport
in Hangar Number 2 necessitates entering into a lease agreement with Aerodynamics
Corporation to provide adequate storage for the two (2) helicopters, fuel, equipment, and office
space requirements for the aviation staff.
Commissioners Minutes Continued. April 23, 2009
216
2. Hangar space has been identified and is available for lease from Aerodynamics Corporation, at
their Hangar Number 2 facility located at 6544 Highland Road at the Oakland County
International Airport.
3. The new lease agreement will be effective March 1, 2009 for a period of three (3) years at a lease
rate of $385.00 per month per helicopter or $9,240 per year.
4. Funding for this lease agreement for FY 2009/FY 2010 is available in the Sheriff’s Office Aviation
Fund Rent line item.
5. A budget amendment to the Aviation Fund for FY 2009 and FY 2010 Budget is recommended as
follows:
FY 2009 FY 2010
AVIATION FUND #68000
Expenditures
4030601-116220-731626 Rent $ 240 $ 240
4030601-116220-730926 Indirect Cost ( 240) ( 240)
Total Operating Expense $ 0_ $ 0_
FINANCE COMMITTEE
(The vote for this motion appears on page 221.)
*MISCELLANEOUS RESOLUTION #09084
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT
– 2009 GRANT PROGRAM ACCEPTANCE – CLEARING OF THE APPROACH TO RUNWAY 9R AT
OAKLAND COUNTY INTERNATIONAL AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract
No. 2009-0209, Federal Project No. D-26-0079-6206, for Federal funds in the amount of $106,400, and
State funds in the amount of $23,275, for the development and improvement of Oakland County
International Airport; and
WHEREAS the project consists of clearing of the approach to Runway 9R at Oakland County
International Airport; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and
WHEREAS the development project, as offered and approved by the Michigan Department of
Transportation, requires a local grant match of $3,325, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant
contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and
WHEREAS no application was requested from Oakland County; therefore, the application provisions of
M.R. #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant contract in an amount not to exceed $133,000, which includes a local grant match of $3,325, which
is available from the airport fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the grant contract.
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 – Central Services/Aviation, Exhibit 1 Oakland County International
Airport Pontiac, Michigan and Michigan Department of Transportation County of Oakland Contract for a
Federal/State/Local Airport Project under the Block Grant Program on file in County Clerk’s office.
Commissioners Minutes Continued. April 23, 2009
217
FISCAL NOTE (MISC. #09084)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT –
2009 GRANT PROGRAM ACCEPTANCE – CLEARING OF THE APPROACH TO RUNWAY 9R AT
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. Oakland County has received Michigan Department of Transportation Grant Contract No. 2009-
0209, Federal Project No. D-26-0079-6206, for Federal funds in the amount of $106,400, State
funds in the amount of $23,275 and a required local grant match of $3,325 for the development
and improvement of Oakland County International Airport.
2. The project consists of clearing of the approach to Runway 9R at Oakland County International
Airport.
3. The Airport Committee has reviewed the project and recommends acceptance of the grant
contract.
4. The funding period of the grant is 36 months from the date of the award.
5. The total cost of the project is $133,000 with $106,400 of the cost from Federal funds, $23,275 of
the cost from State funds and $3,325 from the Airport fund resources for the grant match.
6. The Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project.
7. No General fund appropriation is required. Funding is available within the Airport fund for County
Match.
FINANCE COMMITTEE
(The vote for this motion appears on page 221.)
*MISCELLANEOUS RESOLUTION #09085
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT
– 2009 GRANT PROGRAM ACCEPTANCE – STREAM RESTORATION AND WETLAND MITIGATION
AT OAKLAND COUNTY INTERNATIONAL AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract
No. 2009-0198, Federal Project No. B-26-0079-5806, for Federal funds in the amount of $124,000, and
State funds in the amount of $27,125, for the development and improvement of Oakland County
International Airport; and
WHEREAS the project consists of stream restoration and wetland mitigation at Oakland County
International Airport; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and
WHEREAS the development project, as offered and approved by the Michigan Department of
Transportation, requires a local grant match of $3,875, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant
contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and
WHEREAS no application was requested from Oakland County; therefore, the application provisions of
M.R. #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant contract in an amount not to exceed $155,000, which includes a local grant match of $3,875, which
is available from the airport fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the grant contract.
Commissioners Minutes Continued. April 23, 2009
218
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 – Central Services Aviation, Exhibit 1 Oakland County International
Airport Pontiac, Michigan and Michigan Department of Transportation County of Oakland Contract for a
Federal/State/Local Airport Project under the Block Grant Program on file in County Clerk’s office.
FISCAL NOTE (MISC. #09085)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT –
2009 GRANT PROGRAM ACCEPTANCE – STREAM RESTORATION AND WETLAND MITIGATION AT
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. Oakland County has received Michigan Department of Transportation Grant Contract No. 2009-
0198, Federal Project No. C-26-0079-5806, for Federal funds in the amount of $124,000, State
funds in the amount of $27,125 and a required local grant match of $3,875 for the development
and improvement of Oakland County International Airport.
2. The project consists of stream restoration and wetland mitigation at Oakland County International
Airport.
3. The Airport Committee has reviewed the project and recommends acceptance of the grant
contract.
4. The funding period of the grant is 36 months from the date of the award.
5. The total cost of the project is $155,000 with $124,000 of the cost from Federal funds, $27,125 of
the cost from State funds and $3,875 from the Airport fund resources for the grant match.
6. The Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project.
7. No General fund appropriation is required. Funding is available within the Airport fund for County
Match.
FINANCE COMMITTEE
(The vote for this motion appears on page 221.)
*MISCELLANEOUS RESOLUTION #09086
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE
& FILM – FY 2009 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT
ACCEPTANCE - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $9,600 for
administrative services relating to its Regional Re-granting Services Program for Fiscal Year 2009; and
WHEREAS the Regional Re-granting/Mini-grant Program provides funding for locally developed, high
quality arts projects to address local arts needs and increase public access to the arts; and
WHEREAS the FY 2009 Regional Re-granting Services Program grant award for administrative services
is the same amount as the FY 2008 award and the FY 2009 application; and
WHEREAS a local, in-kind match in the amount of $9,600 is required for the grant award, as determined
on a dollar-for-dollar basis; and
WHEREAS the acceptance of this grant award does not obligate the County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Fiscal Year 2009
Regional Re-granting Administrative Services Program Grant Agreement with the Michigan Council for
Arts and Cultural Affairs in the amount of $9,600.
Commissioners Minutes Continued. April 23, 2009
219
BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is
authorized to execute said agreement as attached.
BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the
availability of grant funding.
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 – Arts & Culture and Grant Agreement for Arts Services on file in County
Clerk’s office.
FISCAL NOTE (MISC. #09086)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE &
FILM – FY 2009 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT
ACCEPTANCE - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Michigan Council for Arts and Cultural Affairs has awarded Oakland County $9,600 for
administrative services relating to its Regional Re-granting Services Program for Fiscal Year
2009.
2. The FY 2009 grant award is the same as the FY 2008 grant award, the FY 2009 application, and
the amount anticipated in the FY 2009 Budget.
3. The funding period for the grant is October 1, 2008 through September 30, 2009.
4. Local In-Kind Match in the amount of $9,600 consisting of salary costs is required on a dollar-for-
dollar basis and is available in the FY 2009 Economic Development & Community Affairs/Arts,
Culture & Film General Fund Budget.
5. No budget amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 221.)
*MISCELLANEOUS RESOLUTION #09087
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE
& FILM – FY 2009 REGIONAL REGRANTING SERVICES PROGRAM GRANT ACCEPTANCE –
MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $30,100 for
its Regional Re-granting Services Program for Fiscal Year 2009; and
WHEREAS the Regional Re-granting/Mini-grant Program provides funding for locally developed, high
quality arts projects to address local arts needs and increase public access to the arts; and
WHEREAS the FY 2009 Regional Re-granting Services Program grant award is the same amount as the
FY 2008 award; and
WHEREAS no County Match is required for the grant award; and
WHEREAS acceptance of this grant award does not obligate the County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Fiscal Year 2009
Regional Re-granting Services Program Grant Agreement with the Michigan Council for Arts and Cultural
Affairs in the amount of $30,100.
BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is
authorized to execute said agreement.
BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the
availability of grant funding.
Commissioners Minutes Continued. April 23, 2009
220
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 – Arts & Culture, Michigan Council for Arts and Cultural Affairs Minigrant
Funding Plan – FY 09 and Grant Agreement for Arts Services on file in County Clerk’s office.
FISCAL NOTE (MISC. #09087)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE &
FILM – FY 2009 REGIONAL REGRANTING SERVICES PROGRAM GRANT ACCEPTANCE -
MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Michigan Council for Arts and Cultural Affairs has awarded Oakland County $30,100 for its
Regional Re-granting Services Program for FY 2009.
2. The FY 2009 grant award is the same amount as the FY 2008 grant award and the FY 2009
Budget.
3. The funding period is October 1, 2008 through September 30, 2009.
4. No County Match is required for the Regional Re-granting Services Program.
5. No budget amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 221.)
*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
WHEREAS the courts have distributed $645,815.53 (balance as of 2/28/09) 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.
Commissioners Minutes Continued. April 23, 2009
221
FISCAL NOTE (MISC. #09071)
BY: Finance Committee, Tom Middleton, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Funds in the amount of $607,910.25 (balance as of 3/26/09 - account #4030101-222430) are
available in the Sheriff’s Office Law Enforcement Enhancement Account.
2. The Sheriff requests use of these funds to enhance drug law enforcement per MCL 333.7524 per
Michigan Public Health Code.
3. The Sheriff is requesting $391,374 of these funds be used to purchase twelve (12) motorcycles to
replace motorcycles which are currently leased; and other law enforcement related equipment
(Special Response Team (SRT) Ballistic Shields, SRT Training, Night Vision, Flash Bang Pole,
Infrared Filters, Raid Vests, Helmets, M-4 Rifles, Misc. Gear, Tech Magnifiers, Cell Phone
Jammer, Surefire Suppressor, Laser Target Ill., AA12 Shotgun, Software for Range, Fugitive
Apprehension Team (FAT) Weapons, FAT Holsters etc, and FAT Bullet Proof Vests).
4. Associated maintenance costs were included in the Fiscal Year 2009 and Fiscal Year 2010
Budget, therefore no additional budget amendments are necessary for maintenance.
5. A budget amendment for Fiscal Year 2009 budget is recommended as follows:
FY 2009
GENERAL FUND #10100
Revenue
4030101-112580-670285 Enhancement Funds $ 391,374
Total General Fund Revenue $ 391,374
Expenditures
4030601-110000-760188 Vehicles $ 220,000
4030601-110040-760157 Capital Equipment 15,500
4030601-110040-750154 Expendable Equip 99,724
4030501-116230-731458 Professional Services 8,000
4030501-110110-750567 Training – Education Sup 19,000
4030901-110060-750154 Expendable Equip 29,150
Total Operating Expense $ 391,374
FINANCE COMMITTEE
Vote on Consent Agenda:
AYES: Burns, Capello, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub, Woodward,
Zack, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
MISCELLANEOUS RESOLUTION #09088
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - INTERLOCAL AGREEMENT TO
TRANSFER GIS AND RELATED DATA TO ROAD COMMISSION FOR OAKLAND COUNTY (RCOC)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS RCOC has requested certain geographic information systems (GIS) and related land data for
use in its projects to be conducted within the County borders; and
WHEREAS the transmission of this data should be provided pursuant to an interlocal agreement
regarding the use of this data by RCOC; and
WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel; and
Commissioners Minutes Continued. April 23, 2009
222
WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “Enter
into agreements with other governmental or quasi-governmental entities for the performance of services
jointly”; and
WHEREAS the transmission of the data would benefit the County’s residents.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the attached interlocal
agreement and authorize the transfer of the information cited therein, upon the review and acceptance of
the finalized Agreement by Corporation Counsel.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of the County of Oakland, and hereby accepts and binds the County of Oakland to the terms and
conditions of this Agreement.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE ROAD COMMISSION
FOR OAKLAND COUNTY
This Interlocal Agreement (Agreement) is made between the County of Oakland, a Constitutional and
Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and Road
Commission for Oakland County (RCOC), with offices at 31001 Lahser Road, Beverly Hills, Michigan
48025. In this Agreement, the County and RCOC 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 Enhanced Access to Public Records Act, 1996 PA 462, MCL 15.441 et seq.,
and the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County and the
RCOC enter into this Agreement for the purpose of making data owned and maintained by the
County on or in relation to its Geographic Information System (GIS) available to RCOC without
fee or cost for the purposes and uses described in this Agreement.
2. Definitions
2.1 "Oakland County" and "Road Commission for Oakland County" shall be defined to include any
and all departments, divisions, commissioners, elected and appointed officials, directors, board
members, council members, authorities, officers, committees, employees, agents,
subcontractors, volunteers and/or any such persons' successors.
2.2 "Geographic Information System Data" or "GIS Data" means any output from the County's
computerized database, developed pursuant to MCL 15.441 et seq., for the purpose of making
public records immediately available for public inspection or their purchase or copying by digital
means.
2.3 "Access Oakland Product" means any specially packaged public record, information or product,
developed pursuant to MCL 15.441 et seq., for the purpose of making public records
immediately available for public inspection or their purchase or copying by digital means, and
available via the County's website.
3. Terms
3.1 The County agrees to provide RCOC, without fee or cost, with data available as GIS Data
and/or Access Oakland Products in retrievable form for the purpose of performing its statutory
duties regarding the roadways under RCOC jurisdiction and control and for the purpose of
conducting its other governmental or statutory duties.
3.2 Except where this Agreement and its Amendments, if any, provide terms and conditions which
are contrary to those set forth in the Access Oakland User Agreement, this Agreement fully
incorporates, by reference, the Access Oakland User Agreement, as it may be updated from
time to time at the discretion of the County.
3.3 All requests for GIS data for the uses specified in Paragraph 3.1 shall be made on behalf of the
RCOC by Ken Hudak, RCOC Planning and Development. All requests for Access Oakland
Products data for the uses specified in Paragraph 3.1 shall be made on behalf of the RCOC by
Jeff Jones, RCOC Right of Way.
3.4 Requests for GIS data shall be submitted to the One Stop Shop, Oakland County Michigan and
requests for access to Access Oakland Products shall be submitted to the Access Oakland
Commissioners Minutes Continued. April 23, 2009
223
website. Either Party to this Agreement may designate another individual to make or receive
such requests by providing prior written notice to the other party.
3.5 RCOC agrees that it will use any and all GIS Data and Access Oakland Products provided by
the County solely in the performance of its authorized and permitted duties.
3.6 RCOC may allow any and all of its consultants, contractors and/or subcontractors to have
access to the GIS Data and Access Oakland Products described in this Agreement for use in
performing contractual obligations for RCOC and may waive any fees therefor; provided that
each such consultant, contractor and/or subcontractor executes a written agreement:
3.6.1. To be bound by the terms and conditions of this Agreement;
3.6.2. To refrain from using the GIS Data and Access Oakland Products for any purpose
except those authorized by RCOC in relation to the performance of its official duties;
and
3.6.3. To return to RCOC all copies of GIS Data and Access Oakland Products, regardless of
their form or method of storage, upon the completion or termination of its consulting,
contracting or subcontracting relationship with RCOC and/or the completion of its
assigned tasks or duties.
3.7 RCOC shall comply in all regards with the provisions of MCL 15.443(1)(d). Except as provided
in section 3.6 above, RCOC agrees that it shall refrain from providing GIS Data and Access
Oakland Products to Third Parties as defined in MCL 15.442(i). RCOC shall refer all other
requests, not related to this Agreement, to purchase or otherwise acquire GIS Data or Access
Oakland Products to Oakland County.
3.8 Duration. This Interlocal Agreement and any subsequent Amendments shall be for a term of
three (3) years from the date the signed and executed Agreement is file with the Clerk of the
County of Oakland and the Secretary of State for the State of Michigan, as required by MCL
124.510. (4).
3.9 Termination. Either Party may terminate this Agreement on seven (7) days written notice for
any reason including failure by RCOC to provide adequate security to protect the GIS Data and
Access Oakland Products from free and/or unauthorized access or use by any Third Party as
defined in MCL 15.442(i) or other failure to comply with MCL 15.441 et seq.
3.9.1 Upon termination or expiration of this Agreement, RCOC shall remove and delete all
GIS Data from any and all electronic devices, computers, computer hard drives,
databases, and electronic storage devices within seven (7) calendar days of
termination and, on request from the County, certify in writing that the GIS data has
been completely removed.
3.9.2 Upon termination or expiration of this Agreement, Oakland County will remove any
Access Oakland product username and password assigned to RCOC.
3.9.3 Provisions regarding the return of GIS Data and Access Oakland products shall survive
termination and/or expiration of this Agreement and apply to copies of GIS Data and
Access Oakland Products located or identified as in the possession of RCOC and/or its
consultants, contractors or subcontractors after the date of termination and/or
expiration.
3.9.4 Nothing in this Agreement shall be interpreted to require that the RCOC delete or
destroy data created by the RCOC and incorporated into GIS Data, or to delete records
created by the RCOC in the course of its governmental or statutory duties which
contain data obtained from GIS Data or Access Oakland products.
3.10 No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating
an employer-employee relationship between the County (including any of its employees) and
the RCOC (including any of its employees.)
3.11 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
the use of GIS Data and Access Oakland products provided pursuant to this Agreement.
3.12 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.
Commissioners Minutes Continued. April 23, 2009
224
3.13 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.
3.14 Agreement Modifications or Amendments. Any modifications, amendments, recessions,
waivers, or releases to this Agreement must be in writing and agreed to by both Parties.
3.15 Entire Agreement. This Agreement, together with the applicable provisions of the Access
Oakland User Agreement that are not otherwise addressed in 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 and the Access
Oakland User Agreement shall be construed as a whole according to their fair meaning, and
not construed strictly for or against any Party.
3.16 The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Agreement and bind the Parties to the terms and conditions
contained here.
For Road Commission for Oakland County:
Date:
Brent O. Bair, Managing Director
For Oakland County:
Date:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Moved by Middleton supported by Schwartz the resolution be adopted.
Moved by Schwartz supported by Middleton the resolution be amended as follows:
Amend Section 3.3. of the agreement – Strike the names Ken Hudak and Jeff Jones, leaving the
generic titles.
Vote on amendment:
AYES: Capello, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen,
Long, McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub, Woodward, Zack,
Bullard, Burns. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long,
McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub, Woodward, Zack, Bullard,
Burns, Capello. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #09089
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – POSITION DELETIONS TO REDUCE
COSTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Executive has assigned budget tasks and declared a triennial budget
plan for fiscal years 2010, 2011 and 2012; and
WHEREAS in order to meet its share of the County Executive’s budget task, the Department of
Management and Budget proposes the deletion of four vacant positions; and
Commissioners Minutes Continued. April 23, 2009
225
WHEREAS the results of this proposal will generate savings for Fiscal Year 2009 and beyond; and
WHEREAS the remaining portion of the County Executive’s budget task will be included in the Fiscal
Year 2010 County Executive’s Recommended Budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
deletion of the following GFGP positions, effective May 9, 2009:
Position Dept and Number Position Title
1020101-01949 Deputy Director Management and Budget
1020501-01474 Equalization Technology Support Supervisor
1020501-07796 Clerk (FTNE)
1020601-02994 Secretary II
BE IT FURTHER RESOLVED that the classification of Deputy Director – Management & Budget be
deleted from the County Salary Schedule; and
BE IT FURTHER RESOLVED that the incremental remaining portion of the FY 2009 and the FY 2010
budget be amended as follows:
10100 GENERAL FUND FY 2009 FY 2010
1020101-182010-722001 M&B/Admin - Salaries $( 55,998) $(111,996)
1020101-182010-722740 M&B/Admin - Fringe Benefits - ( 56,170)
1020101-182010-722750 M&B/Admin - Workers Compensation ( 122)
1020101-182010-722760 M&B/Admin - Group Life ( 83)
1020101-182010-722770 M&B/Admin - Retirement ( 17,349)
1020101-182010-722780 M&B/Admin – Hospitalization ( 5,439)
1020101-182010-722790 M&B/Admin - Social Security ( 4,100)
1020101-182010-722800 M&B/Admin - Dental ( 629)
1020101-182010-722810 M&B/Admin - Disability ( 199)
1020101-182010-722820 M&B/Admin - Unemployment Insurance ( 109)
1020101-182010-722850 M&B/Admin - Optical ( 53)
1020101-182010-732018 M&B/Admin - Travel and Conference ( 960) ( 2,500)
1020101-182010-731346 M&B/Admin - Personal Mileage ( 270) ( 700)
1020501-186000-722001 Equalization - Salaries ( 61,603) ( 61,603)
1020501-186000-722740 Equalization - Fringe Benefits - ( 37,222)
1020501-186000-722750 Equalization - Workers Compensation ( 138)
1020501-186000-722760 Equalization - Group Life ( 152)
1020501-186000-722770 Equalization - Retirement ( 19,627)
1020501-186000-722780 Equalization – Hospitalization ( 10,878)
1020501-186000-722790 Equalization - Social Security ( 4,713)
1020501-186000-722800 Equalization - Dental ( 1,259)
1020501-186000-722810 Equalization - Disability ( 225)
1020501-186000-722820 Equalization - Unemployment Insurance ( 123)
1020501-186000-722850 Equalization - Optical ( 107)
1020501-173060-722001 Equalization - Salaries ( 26,904) ( 26,904)
10100 GENERAL FUND FY 2009 FY2010
1020501-173060-722750 Equalization - Fringe Benefits - ( 2,462)
1020501-173060-722750 Equalization - Workers Compensation ( 60)
1020501-173060-722760 Equalization - Group Life ( 192)
1020501-173060-722790 Equalization - Social Security ( 2,058)
1020501-173060-722810 Equalization - Disability ( 98)
1020501-173060-722820 Equalization - Unemployment Insurance ( 54)
1020601-182020-722001 Fiscal Svcs - Salaries ( 19,783) ( 39,567)
1020601-182020-722740 Fiscal Svcs - Fringe Benefits - ( 28,452)
1020601-182020-722750 Fiscal Svcs - Workers Compensation ( 44)
1020601-182020-722760 Fiscal Svcs - Group Life ( 131)
1020601-182020-722770 Fiscal Svcs - Retirement ( 6,303)
1020601-182020-722780 Fiscal Svcs - Hospitalization ( 5,439)
1020601-182020-722790 Fiscal Svcs - Social Security ( 1,513)
1020601-182020-722800 Fiscal Svcs - Dental ( 629)
1020601-182020-722810 Fiscal Svcs - Disability ( 72)
Commissioners Minutes Continued. April 23, 2009
226
1020601-182020-722820 Fiscal Svcs - Unemployment Insurance ( 39)
1020601-182020-722850 Fiscal Svcs - Optical ( 53)
1010101-181000-740023 County Executive - Budget Task 247,508 367,576
$ -0- $ -0-
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
The Chairperson referred the resolution to the Human Resources Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09090
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT & BUDGET - 2009 EQUALIZATION REPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the staff of the Equalization Division of the Department of Management & Budget has
examined the assessment rolls of the several townships and cities within Oakland County to ascertain
whether the real and personal property in the respective townships and cities has been equally and
uniformly assessed at 50% of true cash value; and
WHEREAS the Finance Committee in accordance with Rule XI.A (7) of the Board of Commissioners
adopted on January 8, 2009, has reviewed the findings and recommendations of the Equalization
Manager, acting as the Equalization Director, and conducted hearings to provide for local intervention into
the equalization process; and
WHEREAS based on its findings, the Manager of the Equalization Division has presented to the Finance
Committee the recommended 2009 equalization value which adds to or deducts from the valuation of the
property in the several townships and cities an amount as, in its judgment, will produce a sum which
represents the true cash value thereof; and
WHEREAS the Equalization Factors listed on the attached report are the results of the foregoing process
and are for information purposes only.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the
2009 equalization and authorizes its certification by the Chairperson of the Board and further that it be
entered on the County records and delivered to the appropriate official of the proper township or city.
Chairperson, on behalf on the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Moved by Middleton supported by Potter the resolution be adopted.
AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray,
Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello,
Douglas. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE MICHIGAN DEPARTMENT OF
HUMAN SERVICES - OAKLAND COUNTY AGENCY BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered this appointment on March 16, 2009, hereby
recommends that Anthony Markwort be appointed to the Michigan Department of Human Services -
Oakland County Agency Board for a three-year retro-active term of November 1, 2008 – October 31,
2011.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. April 23, 2009
227
Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County
Clerk’s office.
Moved by Long supported by Potts the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none.
Discussion followed.
Moved by Woodward supported by Hatchett to send the report back to the General Government
Committee.
Discussion followed.
AYES: Hatchett, Jackson, McGillivray, Schwartz, Woodward, Zack, Burns, Gershenson. (8)
NAYS: Gingell, Gosselin, Greimel, Jacobsen, Long, Middleton, Nash, Potter, Potts, Scott, Taub,
Bullard, Capello, Douglas. (14)
A sufficient majority not having voted in favor, the report was not sent back to the General Government
Committee.
Discussion followed.
Vote on appointment:
AYES: Gosselin, Greimel, Jackson, Jacobsen, Long, Middleton, Nash, Potter, Potts, Scott, Taub,
Bullard, Capello, Douglas, Gingell. (15)
NAYS: Hatchett, McGillivray, Schwartz, Woodward, Zack, Burns, Gershenson. (7)
A sufficient majority having voted in favor, the appointment was confirmed.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE COMMUNITY MENTAL HEALTH
AUTHORITY BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered this appointment on March 16, 2009 hereby
recommends that John Paul Torres be appointed to the Oakland County Community Mental Health
Authority Board to fill a designated general public seat, vacated as a result of resignation, to complete a
three year term that began April 1, 2008 and will end March 31, 2011.
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 Hatchett supported by Schwartz the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none.
Commissioners Minutes Continued. April 23, 2009
228
Moved by Hatchett supported by Schwartz the appointment of John Paul Torres to the Community Mental
Health Authority Board be confirmed.
Vote on appointment:
AYES: Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns,
Gershenson. (10)
NAYS: Jacobsen, Long, Middleton, Potter, Potts, Scott, Taub, Bullard, Capello, Douglas, Gingell,
Gosselin. (12)
A sufficient majority not having voted in favor, the appointment was not confirmed.
REPORT (MISC. #09055)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF THE NEEDS ASSESSMENT
AND COLLABORATIVE STRATEGIC PLAN FOR OAKLAND COUNTY’S “SILVER TSUNAMI” – OUR
AGING POPULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on April 6, 2009
recommends that the resolution be adopted with the following amendments to the second BE IT
FURTHER RESOLVED paragraph:
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies
of this adopted resolution to County Executive L. Brooks Patterson, George Miller (Director of
Oakland County’s Health and Human Services Department), the Area Agency on Aging, the
Oakland Livingston Human Services Agency, and United Way, Wayne County Executive
Robert Ficano, Macomb County Chairperson, Paul Gieleghem and City of Detroit
Mayor Kenneth V. Cockrel, Jr.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #09055
BY: Commissioners Helaine Zack, Bradford Jacobsen, Marcia Gershenson
IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF THE NEEDS ASSESSMENT
AND COLLABORATIVE STRATEGIC PLAN FOR OAKLAND COUNTY’S “SILVER TSUNAMI” – OUR
AGING POPULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the first Baby Boomers, who were born between 1946 and 1964, began qualifying for Social
Security retirement benefits in 2008. This has been referred to as the “Silver Tsunami” that is about to hit
Oakland County; and
WHEREAS it is projected that Oakland County will experience an unprecedented older adult population
growth, and the number of seniors will double by 2030; and
WHEREAS it is anticipated that by 2020, 29 of Oakland County’s 61 communities will have more seniors
over age 65 than school-age children; and
WHEREAS surveys indicate that 59% of Baby Boomers plan to relocate in their retirement years. This
could be a devastating loss to local communities, Oakland County, our region, and the state of Michigan;
and
WHEREAS according to the U.S. Census Bureau, the median annual income for an Oakland County
householder age 65 and older in 2007 was $40,598, most of which is income from Social Security, a
pension, or investment earnings that are imported into our local economy; and on average seniors spent
92% of this $5.5 billion; and
WHEREAS it is incumbent upon community leaders to be proactive in addressing this impending senior
population boom by being prepared to provide services and create conditions that will encourage older
adults to remain in and relocate to Oakland County and our region; and
Commissioners Minutes Continued. April 23, 2009
229
WHEREAS the directors of Oakland County agencies that provide senior services, along with business,
community and government leaders, have agreed there is a need to identify current and future older adult
needs and unmet needs, evaluate the effectiveness of the existing aging services delivery system, and
create a vision of healthy aging Oakland County in the future; and
WHEREAS Oakland County agencies and business leaders, with leadership from the Aging and the Area
Agency on Aging 1-B, and United Way of Southeastern Michigan, are willing to work in a collaborative
manner to produce a strategic plan to identify current and future senior needs and unmet needs, and
create a vision for healthy and prosperous aging for Oakland County with the input of County
Commissioners, consumers, elected officials, business leaders, and other stakeholders; and
WHEREAS such a plan can be produced without a cost to Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners endorses the
efforts of aging service organizations, with consumers, elected officials, business leaders, and other
stakeholders, to develop a strength and needs assessment of the Oakland County Aging population
which includes findings, conclusions, and consensus recommendations for the enhancement of the
business climate, quality of life, and health and social services safety net for older Oakland County
residents, as well as support services for their families and caregivers.
BE IT FURTHER RESOLVED that the findings and any recommendations of the Needs Assessment and
Collaborative Strategic Plan for Oakland County’s “Silver Tsunami” – Our Aging Population shall be
reported to the General Government Committee and the Oakland County Board of Commissioners.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to County Executive L. Brooks Patterson, George Miller (Director of Oakland County’s
Health and Human Services Department), the Area Agency on Aging, the Oakland Livingston Human
Services Agency and United Way.
Chairperson, we move the adoption of the above-referenced resolution.
HELAINE ZACK, BRADFORD JACOBSEN,
DAVID COULTER, JIM NASH, STEVEN
SCHWARTZ, GARY MCGILLIVRAY, DAVID
POTTS, KIM CAPELLO, TOM MIDDLETON,
MATTIE HATCHETT, MARCIA GERSHENSON,
DAVE WOODWARD, TIM GREIMEL, JANET
JACKSON, JEFF POTTER, MICHAEL
GINGELL, BILL BULLARD
Moved by Long supported by Zack the resolution be adopted.
Moved by Long supported by Zack the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Zack the resolution be amended to coincide with the recommendation in the
General Government Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Douglas, Gershenson, Gingell,
Gosselin, Greimel. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
Commissioners Minutes Continued. April 23, 2009
230
REPORT (MISC. #09053)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – ENCOURAGE CONSOLIDATION AND SHARED SERVICES
BETWEEN GOVERNMENTAL ENTITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on April 6, 2009
recommends that the resolution be amended as follows:
WHEREAS it will may be necessary for Oakland County, its municipalities and other
governmental entities to find different ways to provide public services, given their common
financial challenges; and
WHEREAS sharing of services will may eliminate unnecessary administrative duplication,
preserve jobs and provide more efficient public services.
NOW THEREFORE BE IT RESOLVED that Oakland County adopts a policy of encouraging
encourages its municipalities and other governmental entities to consolidate public services
on a voluntary basis by sharing personnel, facilities and equipment with the County or other
governmental entities.
BE IT FURTHER RESOLVED that Oakland County adopts a policy of supports sharing
services on a County cost-neutral basis with any other public entity that chooses to enter into
such a consolidation.
BE IT FURTHER RESOLVED that Oakland County adopts a policy of will consider hiring
the current, qualified employees from other governmental entities, who are affected by
consolidation of services, at least at their current compensation levels, to the extent
practicable.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #09053
BY: Commissioner Steven H. Schwartz, District #14
IN RE: BOARD OF COMMISSIONERS – ENCOURAGE CONSOLIDATION AND SHARED SERVICES
BETWEEN GOVERNMENTAL ENTITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there are 61 independent municipalities in Oakland County, in addition to dozens of school
districts and numerous other governmental entities; and
WHEREAS many of these governmental entities, as well as Oakland County, are facing and will face
substantial financial challenges due to reductions in property tax and other revenues, as well as rapidly
escalating costs; and
WHEREAS Oakland County performs many functions similar to those performed by the municipalities and
other governmental entities within Oakland County; and
WHEREAS it will be necessary for Oakland County, its municipalities and other governmental entities to
find different ways to provide public services, given their common financial challenges; and
WHEREAS sharing of services will eliminate unnecessary administrative duplication, preserve jobs and
provide more efficient public services.
NOW THEREFORE BE IT RESOLVED that Oakland County adopts a policy of encouraging its
municipalities and other governmental entities to consolidate public services by sharing personnel,
facilities and equipment with the County or other governmental entities.
BE IT FURTHER RESOLVED that Oakland County adopts a policy of sharing services on a cost-neutral
basis with any other public entity that chooses to enter into such a consolidation.
BE IT FURTHER RESOLVED that Oakland County adopts a policy of hiring the current, qualified
employees from other governmental entities, who are affected by consolidation of services, at least at
their current compensation levels, to the extent practicable.
Chairperson I move the foregoing resolution.
Commissioners Minutes Continued. April 23, 2009
231
STEVEN SCHWARTZ, HELAINE ZACK, TIM
GREIMEL, GARY McGILLIVRAY, JIM NASH,
JANET JACKSON, MARCIA GERSHENSON,
ROBERT GOSSELIN, DAVID WOODWARD,
KIM CAPELLO, MICHAEL GINGELL, BILL
BULLARD, BRADFORD JACOBSEN, TOM
MIDDLETON
The Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09047
BY: Human Resources, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – CHANGE TO MERIT RULE 1, 2, 3, 4, 5, 6, 10A, 11,
12, 13, 18, 21, 22 and 23
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Merit Rule Book is the County employee handbook; and
WHEREAS several Merit Rules need to be updated due to the changes in the Merit System Resolution
passed by the electorate of Oakland County on November 4, 2008, changes in Federal Law regarding the
Family Medical Leave Act, Personnel Committee was retitiled to the Human Resources Committee, and
current County procedures; and
WHEREAS the Merit Rules have been reviewed and it has been determined that changes are necessary
to Rules 1, 2, 3, 4, 5, 6, 10A, 11, 12, 13, 21, 22, and 23; and
WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes in the rules
and regulations of the Merit System shall be submitted to the Board of Commissioners at a regular
meeting of the Board and shall become effective thirty (30) days after such meeting unless an objection is
received in writing by the Chairperson of the Board of Commissioners, in which case objection shall
become a matter of business at the next meeting of the Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes that
the reading and distribution of this notice and copy of the proposed change to Merit Rule 1, 2, 3, 4, 5, 6,
10A, 11, 12, 13, 18, 21, 22, and 23 to all Commissioners present and absent, is considered as the official
submission to the Board of Commissioners of the described changes in Merit Rule 1, 2, 3, 4, 5, 6, 10A,
11, 12, 13, 18, 21, 22, and 23.
BE IT FURTHER RESOLVED that changes to the Merit Rules be cross referenced by the appropriate
Board of Commissioners' Resolution number authorizing such change.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
Copy of Correspondence regarding Merit Rule Changes on file in County Clerk’s office.
Moved by Douglas supported by Potter the resolution be adopted.
AYES: Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Scott,
Taub, Woodward, Zack, Bullard, Burns, Capello, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09091
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – BUDGET TASK REDUCTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. April 23, 2009
232
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 to assist in meeting the County Executive’s budget task reduction, the Human Resources
Department has reviewed its operations and organizational structure and proposes a number of position
changes; and
WHEREAS the Human Resources Department proposes to delete two full-time positions, create one full-
time non-eligible position, re-title and transfer one position within the Human Resources department and
downwardly reclassify one position; and
WHEREAS the results of this proposal will generate savings for Fiscal Year 2009 and beyond.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
following position changes in the Human Resources Department:
1. To delete two full-time eligible GFGP positions:
Dept/Position Number Position Title Location
1050402-03373 Office Assistant II Recruitmt & Workforce Plng Unit
1050415-07868 User Support Specialist I Employee Records & HRIS Unit
2. To create one full-time non-eligible (2000 hour/year) GF/GP Office Assistant II position in the
Recruitment & Workforce Planning unit (1050402).
3. To downwardly reclassify one Supervisor-Human Resources position #09579 (grade 16) to
Supervisor-Retirement (grade 15).
4. To create a new classification of Wellness Coordinator at salary grade 11 and non-exempt
overtime.
5. To re-title the Supervisor-Administrative Services position (#01277) to Wellness Coordinator (no
change in salary grade), transfer it from Recruitment & Workforce Planning Administration Unit
(1050401) to Benefits Administration Division / Training & Development Unit (1050525), and
change the position’s funding from GF/GP to PR (Fringe Benefit Fund).
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
Copy of Oakland County Michigan Wellness Coordinator Job Description and Qualifications on file in
County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09092
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – AUTHORIZATION FOR CONSOLIDATION
OF CLERICAL RESOURCES AND POSITION DELETIONS TO OFFSET COSTS OF PUBLIC WORKS
BUILDING GROUND FLOOR RENOVATION
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 the offices of the Director and Property Management Specialist are on the Second Floor of
the Public Works Building (PWB) with the Oakland County Water Resources Commissioner staff offices;
and
WHEREAS the Department of Facilities Management proposes to renovate its office space and relocate
the Director and Property Management Specialist to the Public Works Building (PWB) Ground Floor with
the rest of the department’s staff; and
WHEREAS this renovation will allow for more effective use of current office space on the Ground Floor,
sharing several printers; a copier, plotter, laminator, and fax machine; and the mail center with all office
resources via a common work area; and
WHEREAS to assist in meeting the County Executive’s budget task reduction, this renovation will allow
for the better utilization of current clerical resources and office space, thereby allowing Facilities to delete
Position #00101 – Account Clerk II PTE and Position #01771 – Technical Assistant; and
Commissioners Minutes Continued. April 23, 2009
233
WHEREAS Facilities Management is recommending several other position consolidations and changes to
the certain line items that will take place during FY 2009 to further reduce costs; and
WHEREAS additional departmental budget reductions will be included in the FY 2010 – FY 2012 County
Executive’s Recommended Budget; and
WHEREAS the proposed position changes and line item changes will provide a total cost savings in FY
2009 such that the PWB ground floor office renovation project is $109,193, and thus is expected to
provide a payback of just over one year; and
WHEREAS all work will be done using existing contracts and in-house labor such that no additional third-
party contracting is required.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
following position changes as detailed below:
1. To delete the following positions:
Position Title Status Funding Dept and Position Number
Technical Assistant FTE GF/GP 1040101-01771 (effective 9/12/09)
Account Clerk II PTE PR 1040701-00101 (effective 6/20/09)
Student Engineer FTE PR 1040105-05374 (effective 5/9/09)
Property Mgmt Spec. FTE GF/GP 1040101-04654 (effective 5/9/09)
2. To create a PTNE (1000 hour/year) Property Management Specialist position in 1040101.
3. To downwardly reclassify the following PR positions:
From To
Dept/Pos # Position Title Position Title
1040725-01587 Groundskeeper Crew Chief Groundskeeper II
1040725-02113 Groundskeeper Crew Chief Groundskeeper Specialist
1040718-00858 Custodial Work Supervisor II Custodial Worker II
1040718-02377 Custodial Work Supervisor II Custodial Worker II
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the Public
Works Building ground floor renovation project in the amount of $109,193.
Chairperson, on behalf of the Planning and Building Committee, I move 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.
Commissioner Jeff Potter set a public hearing for May 7, 2009 at 9:40 a.m. regarding the Justice
Assistance Grant Application.
REPORT (MISC. #09072)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: PROBATE COURT – FY 2009 DELETION OF ONE (1) GF/GP POSITION 3040403-09907
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09072 on April 8, 2009 reports with the
recommendation 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 #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:
Commissioners Minutes Continued. April 23, 2009
234
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
FISCAL NOTE (MISC. #09072)
BY: Finance Committee, Tom Middleton, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Probate Court’s FY 2010 Budget Task is $92,864.
2. The Probate Court is deleting one (1) GF/GP Clerk position #3040403-09907 as part of meeting
their FY 2010 Budget Task.
3. Total FY 2009 Personnel Cost savings is $53,450, of which $34,189 is in salaries and $19,261 is
in fringe benefits.
4. Total FY 2010 Personnel Cost Savings is $56,840, of which $31,690 is in salaries and $25,150 is
in fringe benefits.
5. The following budget amendments are recommended to the FY 2009 Amended Budget & FY
2010 Adopted Plan:
FY 2009 FY 2010
GENERAL FUND (#10100)
Probate Court – Estates/Mental Health Division
Expenditures
3040101-121080-740023 Budget Transition $53,450 $56,840
3040403-124015-702010 Salaries ( 34,189) ( 31,690)
3040403-124015-722790 FICA ( 2,615) ( 2,424)
3040403-124015-722770 Retirement ( 10,506) ( 10,096)
3040403-124015-722810 Disability ( 130) ( 116)
3040403-124015-722820 Unemployment ( 68) ( 63)
3040403-124015-722760 Group & Life ( 100) ( 115)
3040403-124015-722750 Workers Comp ( 403) ( 71)
3040403-124015-722780 Hospitalization ( 4,923) ( 10,878)
3040403-124015-722800 Dental ( 486) ( 1,279)
3040403-124015-722900 Optical ( 30) ( 108)
TOTAL $ 0 $ 0
FINANCE COMMITTEE
Moved by Potter supported by Burns the resolution (with fiscal note attached) be adopted.
Moved by Potter supported by Burns the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Commissioners Minutes Continued. April 23, 2009
235
Vote on resolution:
AYES: Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub,
Woodward, Zack, Bullard, Burns, Capello, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
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.
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
Commissioners Minutes Continued. April 23, 2009
236
Copy of Memorandum regarding Authorization for a Professional Services Contract for Government
Relations Consulting Firm to Public Affairs Associates, Inc., and M.R. #08106 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 Woodward supported by Jacobsen to reconsider Miscellaneous Resolution #09002 - BOARD
OF COMMISSIONERS – PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS
CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC. and postpone until the May 21, 2009
Board of Commissioners meeting.
AYES: McGillivray, Nash, Potter, Potts, Schwartz, Taub, Woodward, Zack, Bullard, Burns,
Capello, Gershenson, Gingell, Hatchett, Jackson, Jacobsen. (16)
NAYS: Long, Middleton, Scott, Douglas, Gosselin, Greimel. (6)
A sufficient majority having voted in favor, the resolution was postponed until the May 21, 2009 Board of
Commissioners meeting for reconsideration.
MISCELLANEOUS RESOLUTION #09093
BY: Commissioners Eric Coleman, Mattie McKinney Hatchett, Jim Nash, Christine Long, and David Potts
IN RE: BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL COUNTY GOVERNMENT WEEK
IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the nation’s 3,066 counties provide a variety of essential public services to communities
serving 300 million Americans; and
WHEREAS Oakland County takes seriously its responsibility to protect and enhance the health, welfare
and safety of its residents in sensible and cost-effective ways; and
WHEREAS many county government initiatives and programs involve the protection of valuable and
vulnerable environmental resources in our communities; and
WHEREAS the National Association of Counties first celebrated National County Government Week in
1991, to raise public awareness and understanding about the roles and responsibilities of the nation’s
counties to meet the needs of the community.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
proclaims May 3 – 9, 2009, as National County Government Week in Oakland County, with the theme of
“Greening Our Future”.
BE IT FURTHER RESOLVED that on April 23, 2009, the Oakland County Board of Commissioners will
host the annual Youth in Government Day Program, in which local high school students are invited to
meet with their County Commissioner and learn about county government.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins in the recognition
of the leadership, innovation and valuable service provided by the nation’s counties, especially in the
protection of our natural resources, including alternative fuels and vehicles, energy efficiency, green
buildings, land use, waste management, recycling and water quality.
Commissioners Minutes Continued. April 23, 2009
237
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners welcomes the Youth in
Government participants as they continue along their pathway to become our future leaders.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Michigan Association of Counties and the National Association of Counties.
Chairperson, we move the adoption of the foregoing resolution.
ERIC COLEMAN, JIM NASH, MATTIE
HATCHETT, DAVE WOODWARD, CHRISTINE
LONG, SHELLEY TAUB, DAVID POTTS, KIM
CAPELLO, SUE ANN DOUGLAS, JEFF
POTTER, STEVEN SCHWARTZ, JANET
JACKSON, MARCIA GERSHENSON, JOHN
SCOTT, MICHAEL GINGELL, TIM BURNS,
GARY McGILLIVRAY
Moved by Hatchett supported by Nash to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #09093 - BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL COUNTY
GOVERNMENT WEEK IN OAKLAND COUNTY.
Vote on motion to suspend the rules:
AYES: McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub, Woodward, Zack,
Bullard, Burns, Capello, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09093 - BOARD OF COMMISSIONERS – RECOGNIZING
NATIONAL COUNTY GOVERNMENT WEEK IN OAKLAND COUNTY carried.
Moved by Hatchett supported by Nash the resolution be adopted.
AYES: Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns,
Capello, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long,
McGillivray. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09094
BY: Commissioner Helaine Zack, District #22 and Michael Gingell, District #3
IN RE: BOARD OF COMMISSIONERS – DECLARING MAY 2009 – MENTAL HEALTH MONTH IN
OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS mental health is critical for our individual well-being and vitality as well as that of our families,
communities and businesses; and
WHEREAS one in four (25%) of all Americans experience a mental health illness that requires treatment
at some point in their lives; and
WHEREAS one in 10 children has a serious mental illness that, if untreated, can lead to school failure,
physical illness, substance use, jail and even suicide; and
WHEREAS May 7th has been designated the National Children's Mental Health Awareness Day; and
WHEREAS stigma and stereotypes associated with mental illnesses often keeps those living with such an
illness from seeking treatment that could improve their quality of life and help them manage the illness
effectively; and
WHEREAS mental illness is a biologically based brain disorder that cannot be overcome through "will
power" and is not related to a defect in a person's "character" or intelligence; and
Commissioners Minutes Continued. April 23, 2009
238
WHEREAS the National Institute of Mental Health reports that mental disorders are the leading cause of
disability in the United States and Canada for ages 15-44; and
WHEREAS mental health recovery is a journey of healing and transformation enabling a person with a
mental illness to live a meaningful life in a community of his or her choice while striving to achieve his or
her full potential; and
WHEREAS mental health recovery not only benefits individuals with mental health disabilities by focusing
on their abilities to live, work, learn and fully participate in our society, but also enriches the texture of our
community life; and
WHEREAS the Oakland County Community Mental Health Authority has established and is committed to
empowering the individuals we serve to live full self-determined lives, embracing recovery, resilience
responsibility and independence.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby
proclaim the month of May, 2009 as Mental Health Month.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon the citizens,
government agencies, public and private institutions, businesses and schools of Oakland County to
recommit themselves to increasing the awareness and understanding of mental illness and the need for
appropriate and accessible services for all people with mental illnesses to promote recovery.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Community Mental Health Authority and to all of the cities,
villages and townships in Oakland County.
Chairperson, we move the adoption of the foregoing resolution.
HELAINE ZACK, GARY McGILLIVRAY, JANET
JACKSON, STEVEN SCHWARTZ, JOHN
SCOTT, KIM CAPELLO, MATTIE HATCHETT,
DAVID POTTS, BILL BULLARD, TIM GREIMEL,
MICHAEL GINGELL, DAVE WOODWARD,
TOM MIDDLETON, ROBERT GOSSELIN, JEFF
POTTER, CHRISTINE LONG, SHELLEY TAUB,
BRAD JACOBSEN, MARCIA GERSHENSON,
TIM BURNS
Moved by Zack supported by Gingell to suspend the rules and vote on MISCELLANEOUS RESOLUTION
#09094 - BOARD OF COMMISSIONERS – DECLARING MAY 2009 – MENTAL HEALTH MONTH IN
OAKLAND COUNTY.
Vote on motion to suspend the rules:
AYES: Nash, Potter, Potts, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello,
Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long,
McGillivray, Middleton. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09094 - BOARD OF COMMISSIONERS – DECLARING MAY 2009 –
MENTAL HEALTH MONTH IN OAKLAND COUNTY carried.
Moved by Zack supported by Gingell the resolution be adopted.
AYES: Potter, Potts, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Douglas,
Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray,
Middleton, Nash. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Commissioners Minutes Continued. April 23, 2009
239
MISCELLANEOUS RESOLUTION #09095
BY: Commissioner Jim Nash, District #15
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY ENERGY EFFICIENCY
COLLABORATIVE COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #08059
which supported the passage of the Energy Efficiency and Conservation Block Grant (EECBG) Program,
that is to provide funding to support community-based, grass-roots actions to reduce our overdependence
on foreign energy sources and further ongoing local climate protection efforts; and
WHEREAS the Oakland County Board of Commissioners have encouraged all the countywide officials to
explore opportunities to use EECBG funds to implement efficiency and conservation strategies for their
departments and in partnership with local cities, villages and townships throughout Oakland County and
other counties in the region; and
WHEREAS in order to effectively organize towards implementing energy efficiency strategies for Oakland
County that are to be funded by the Energy Efficiency and Conservation Black Grant (EECBG) Program
and other sources, it is recommended that the Oakland County Energy Efficiency Collaborative
Committee be created.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby creates
the Oakland County Energy Efficiency Collaborative Committee.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners the mission of the
Oakland County Energy Efficiency Collaborative Committee shall be to organize and implement energy
efficiency strategies for Oakland County that may be eligible for funding through the Energy Efficiency
and Conservation Block Grant program and other sources.
BE IT FURTHER RESOLVED that the General Government Committee shall appoint the membership of
the Oakland County Energy Efficiency Collaborative Committee, which should include:
Commissioner Jim Nash, Chairperson
3 Majority Party Commissioners
2 Minority Party Commissioners
1 representative from the Facilities Management Department
1 representative from the County Executive administration
1 representative from representing the Water Resources Commissioner
1 representative from representing the Oakland County Parks and Recreation Commission
BE IT FURTHER RESOLVED that the Oakland County Energy Efficiency Collaborative Committee should
seek non-voting advisory members from:
Representative(s) from the Engineering Society of Detroit
Representative(s) from the U.S. Green Building Council – Detroit Regional Chapter
Representative(s) from Lawrence Technological University
Representative(s) from Oakland University
Representative(s) from local government
BE IT FURTHER RESOLVED that other interested individuals/organizations may be invited to join or offer
advisory assistance by the Oakland County Energy Efficiency Collaborative Committee.
BE IT FURTHER RESOLVED the Oakland County Energy Efficiency Collaborative Committee shall work
with the Tri-County Summit’s – Regional Partnership for Sustainability Committee and Southeast
Michigan Regional Energy Office as part of the regional strategy.
BE IT FURTHER RESOLVED that the Oakland County Energy Efficiency Collaborative Committee shall
report their findings and any recommendations to the County Executive.
BE IT FURTHER RESOLVED that the Oakland County Energy Efficiency Collaborative Committee shall
terminate upon the submission of their final report to the County Executive and Oakland County Board of
Commissioners or at the end of the Board of Commissioners term on December 31, 2010, whichever
comes first.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to County Executive L. Brooks Patterson, Director of Facilities Management
Department, Director of Economic Development & Community Affairs Department, Emerging Sectors,
Water Resources Commissioner, and the Oakland County Parks and Recreation Commission.
Commissioners Minutes Continued. April 23, 2009
240
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, HELAINE ZACK, JANET JACKSON,
STEVEN SCHWARTZ, KIM CAPELLO, TIM
BURNS, MARCIA GERSHENSON, GARY
McGILLIVRAY, DAVE WOODWARD, DAVID
POTTS, BILL BULLARD, MATTIE HATCHETT
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09096
BY: Commissioner Shelley G. Taub, District #16
IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF THE STATE OF MICHIGAN
TO FULFILL ITS OBLIGATIONS AND PROMISES BY FULLY AND UNCONDITIONALLY RESTORING
STATE REVENUE SHARING TO ALL OF MICHIGAN’S 83 COUNTIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Association of Counties represents all 83 counties in the State of Michigan. The
counties of Michigan work on behalf of the State of Michigan to provide numerous state mandated
services; and
WHEREAS counties depend heavily upon state revenue sharing to provide numerous essential public
health, safety and welfare services; and
WHEREAS the residents of the State of Michigan and the Michigan Association of Counties demand an
efficient, professional level of public service; and
WHEREAS in 2005 State Revenue Sharing payments were discontinued to counties, relieving the State
Budget of $183 million in annual State Revenue Sharing payments to counties, with the promise and
agreement that these payments would be restored when each of the individual counties Revenue Sharing
Reserve Fund were exhausted.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
support and urge the State of Michigan to fulfill its obligations and promises to fully and unconditionally
restore State Revenue Sharing to all of Michigan’s 83 counties.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of this adopted resolution to Governor Jennifer Granholm, Oakland County’s State Senators and
State Representatives, Oakland County’s lobbyists and the Michigan Association Counties.
Chairperson, we move the adoption of the foregoing resolution.
SHELLEY TAUB, DAVE WOODWARD, SUE
ANN DOUGLAS, TOM MIDDLETON, MICHAEL
GINGELL, JANET JACKSON, MATTIE
HATCHETT, GARY McGILLIVRAY
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09097
BY: Commissioner Shelley G. Taub, District #16
IN RE: BOARD OF COMMISSIONERS – ENCOURAGING VOLUNTARY BOAT DISINFECTION
STATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS with the exception of Lake Superior, the Viral Hemorrhagic Septicemia Virus (VHS) is
spreading to inland lakes from infected lakes surrounding the State of Michigan, including Lake Huron,
Lake Michigan and Lake St. Clair; and
WHEREAS the spread of VHS to inland lakes in Michigan, Wisconsin, Ohio and New York has caused
massive fish kills and once a lake is infected it can not be removed; and
WHEREAS the Michigan Department of Natural Resources – Fisheries Division is actively managing a
number of fish pathogens in our waters, including the VHS virus; and
Commissioners Minutes Continued. April 23, 2009
241
WHEREAS the Michigan Department of Natural Resources is seeking support to establish a voluntary
system of boat disinfection stations at boat launches using Virkon Aquatic, a very effective disinfectant
that will eliminate VHSv and other pathogens; and
WHEREAS the Michigan Lakes and Stream Association website (www.MLSWA.org) offers information on
its link entitled, “Watercraft Disinfection Station”; and
WHEREAS the disinfection is considered much safer than bleach. The Virkon Aquatic is environmentally
safe and approved by the EPA; and
WHEREAS the Michigan Association of Counties is requesting all County Commissioner to pass this
information on to their cities, villages and townships, requesting them to cooperate in this endeavor.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the voluntary system of establishing boat disinfection stations at boat launches to aid in
controlling against the spread of the Viral Hemorrhagic Septicemia Virus and other pathogens.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges cities, villages and
townships in Oakland County to consider ways in which these disinfestations stations could be
established in their community.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that
information regarding the proper boat disinfection be posted on the county website.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Michigan Department of Natural Resources – Fisheries Division, the Michigan
Lakes and Stream Association, the Oakland County Health Division, all of the cities, villages and
townships in Oakland County, and the Michigan Association of Counties.
BE IT FURTHER RESOLVED that the Oakland County Water Resources Commissioner is requested to
forward copies of this adopted resolution to all of the lake boards in Oakland County.
Chairperson, we move the adoption of the foregoing resolution.
SHELLEY TAUB, ROBERT GOSSELIN,
MICHAEL GINGELL, BILL BULLARD, JEFF
POTTER, DAVID POTTS, TOM MIDDLETON,
CHRISTINE LONG, BRAD JACOBSEN, TIM
GREIMEL, JANET JACKSON, GARY
McGILLIVRAY, MARCIA GERSHENSON,
DAVE WOODWARD
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09098
BY: Commissioner Shelley Taub, District 16
IN RE: BOARD OF COMMISSIONERS – WATER RESOURCES COMMISSIONER – COUNTY
PROTECTION AND ENFORCEMENT OF WETLANDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS wetland conservation is a matter of state and county concern; and
WHEREAS the protection of wetlands is essential for preserving wildlife habitat that is necessary for
breeding, nesting, and feeding for many forms of wildlife, waterfowl, including migratory waterfowl; and
WHEREAS wetlands provide a source of nutrients in water food cycles and nursery grounds and
sanctuaries for fish; and
WHEREAS the protection of wetlands is essential for preserving hydrologic absorption and storage
capacity for flood and storm water control necessary to protect the health, safety and welfare of Oakland
County residents; and
WHEREAS the protection of wetlands is essential to protecting our subsurface water resources and
recharging ground water supplies; and
WHEREAS wetlands provide natural pollution treatment by serving as a biological and chemical oxidation
basin; and
WHEREAS wetlands are essential to erosion control by serving as a sedimentation area and filtering
basin, absorbing silt and organic matter; and
Commissioners Minutes Continued. April 23, 2009
242
WHEREAS in 1984, the State of Michigan received authorization from the federal government to
administer the enforcement of wetland protection under Section 404 of the federal Clean Water Act; and
WHEREAS on February 3, 2009 in her state of the state address Governor Jennifer M. Granholm
proposed to return enforcement of wetland protection to the federal government thereby eliminating state
oversight of this important natural resource; and
WHEREAS this is not the time for reducing environmental protection by returning state oversight over
wetlands to the federal government; and
WHEREAS since 2003 the Oakland County Water Resources Commissioner (formerly Oakland County
Drain Commissioner) has advocated for a local regulatory approach that would create a “one-stop shop
permitting” for landowners that would in turn, provide efficiencies and costs savings without compromising
environmental protection; and
WHEREAS the Oakland County Water Resources Commissioners presently has environmental and
inspection staff with the experience, training and skills that often overlap the state agents currently
responsible for wetland management and protection; and
WHEREAS the appropriate role for the state is to identify top performing communities, such as Oakland
County, and fully empower them to implement specific parts of the Clean Water Act, including wetland
protection; and
WHEREAS counties should be allowed to assume the responsibility for wetland protection and
enforcement subject to state oversight and of an approved wetland protection program.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby opposes the
State of Michigan returning enforcement of wetland protection to the federal government.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports the Oakland
County Water Resources initiative for a local regulatory approach that would create a “one-stop shop
permitting” for landowners that would in turn, provide efficiencies and costs savings without compromising
environmental protection.
BE IT FURTHER RESOLVED that the Board of Commissioners supports legislation that would allow this
County to assume the responsibility for wetland protection and enforcement subject to state oversight and
of an approved wetland protection program.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Granholm, the Oakland County delegation to the Michigan legislature, the
Oakland County Water Resources Commissioner, the Michigan Association of Counties and Oakland
County’s lobbyists.
Chairperson, I move the adoption of the foregoing resolution.
SHELLEY TAUB, ROBERT GOSSELIN, DAVID
POTTS, CHRISTINE LONG, GARY
McGILLIVRAY, SUE ANN DOUGLAS
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09099
BY: Commissioners Bill Bullard, Jr., David Coulter, and David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS - TO ESTABLISH COUNTY POLICY AND PARAMETERS FOR
ISSUANCE OF ANNUAL OAKLAND COUNTY PARK PASSES TO OAKLAND COUNTY
COMMISSIONERS, OAKLAND PARKS AND RECREATION COMMISSION MEMBERS, THE
OAKLAND COUNTY EXECUTIVE AND OAKLAND COUNTY’S COUNTY-WIDE ELECTED OFFICIALS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Corporation Counsel for Oakland County has indicated the practice of the Oakland County
Parks issuing Annual Passes to County Commissioners and Parks and Recreation Commissioners
requires authorization by the Oakland County Board of Commissioners; and
WHEREAS Oakland County Commissioners and Oakland County Parks and Recreation Commissioners
have joint statutory authority to manage the Oakland County Parks; and
WHEREAS it is beneficial to encourage County Commissioners and Parks and Recreation
Commissioners to become familiar with the facilities at the Oakland County Parks and serve as
ambassadors for the county’s recreation amenities.
Commissioners Minutes Continued. April 23, 2009
243
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby establishes
a policy that authorizes the Oakland County Parks and Recreation Commission to issue an Annual Pass
each year to Oakland County Commissioners, Oakland County Parks and Recreation Commission
members, the Oakland County Executive and Oakland County’s county-wide elected officials, allowing
them the following privileges in the Oakland County Parks:
• Vehicle entry - for personal vehicle and one additional vehicle per day;
• Camping - one camp site per week per visit;
• Golf - up to three guests with a limit of two carts per visit per day (tee time required),
Not available prior to 1:00 P.M. on Saturdays, Sundays and holidays
(Bold Face Indicates New Restriction);
• Waterparks - up to five guests per visit;
• Fridge Toboggan Run - up to five guests per visit;
• 50% off fees - (e.g. boat and bike rental, class/event registration, picnic shelters);
• Discount does not apply to golf tournament fees and golf league green fees.
BE IT FURTHER RESOLVED that prior to January 31 of each year the Oakland County Parks shall send
a written request to the Oakland County Commissioners, Parks and Recreation Commissioners, the
County Executive, and all other county-wide elected officials asking them to sign and return such written
request stating if that person would like an Annual Pass issued to them and agreeing to abide by all rules
of the Oakland County Parks.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Parks and Recreation Commissioners, the Oakland County
Executive, and Oakland County’s county-wide elected officials.
Chairperson, we move the adoption of the foregoing resolution.
BILL BULLARD, DAVE WOODWARD, DAVID
COULTER
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 10:46 a.m. to the call of the Chair or May 7, 2009, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson