HomeMy WebLinkAboutMinutes - 2009.05.21 - 8500278
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
May 21, 2009
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:41 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott,
Taub, Zack. (22)
EXCUSED ABSENCE WITH NOTICE: Hatchett, Woodward. (2)
EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1)
Quorum present.
Invocation given by Michael Gingell.
Vice Chairperson Michael Gingell asked for a moment of silence to honor Deputy County Executive
Dennis Toffolo who passed away Wednesday, May 20, 2009.
Pledge of Allegiance to the Flag.
Moved by Long supported by Zack the minutes of the May 7, 2009 Board Meeting be approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Jacobsen supported by Coulter the agenda be approved as printed.
AYES: Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott,
Taub, Zack. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda was approved as printed.
Deputy County Clerk/Register of Deeds Constance Spak read a communication from Board of
Commissioners Chairperson Bill Bullard, Jr. appointing Commissioner Tim Greimel to serve as a member
of the Claims Review Committee for a term ending December 31, 2009. Without objection, the
appointment was confirmed.
There was no public comment.
Commissioners Minutes Continued. May 21, 2009
279
Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Waste
Resource Management Unit – Resolution Approving the Provisions of a Brownfield Plan for the Oxford
Project in the City of Novi. Is there anyone present who wishes to speak?” No one requested to speak
and the Chairperson declared the Public Hearing closed.
Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the
Miscellaneous Resolution #09109 - County Executive/Administration – Transfer of Emergency Response
& Preparedness to the Department of Health and Human Services. Is there anyone present who wishes
to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed.
Moved by Gosselin supported by Schwartz 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 291. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #09117
BY: Finance Committee, Thomas F. Middleton, Chairperson
IN RE: TREASURER TRANSITION EXPENSE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS as a result of the November 4, 2008 election, Oakland County will be served by a new
Treasurer; and
WHEREAS it is advisable for the Treasurer - Elect to begin assembling the personnel and materials
necessary to fully assume the responsibilities of office on July 1, 2009; and
WHEREAS it is in the best interest of Oakland County government and its citizens that the transition of
leadership from the current Treasurer to the next occur as efficiently as possible; and
WHEREAS the transition can best be accomplished through the establishment of a transition account
through which appropriate contractual services can be accessed; and
WHEREAS the estimated cost of said contractual services is $15,000, and funds are available in the Non-
Departmental Contingency account to cover this expense.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports an
appropriation of $15,000 for the period through June 30, 2009 to cover the transition expenses of the
Oakland County Treasurer - Elect.
BE IT FURTHER RESOLVED that the FY 2009 Budget be amended to appropriate funds from the Non-
Departmental Contingency account to the Treasurer’s Budget as follows:
GENERAL FUND (#10100) FY 2009
Expenditures
9090101-196030-730359 Non - Dept Contingency ($15,000)
7010101-186040-731990 Treasurer – Transition Exp 15,000
Total Expenditures $ 0
BE IT FURTHER RESOLVED that the approval of this request be consistent with Management and
Budget and Human Resources departments’ procedures of Miscellaneous Resolutions #92242, #96267,
#00304, #04337, and #08279 establishing previous transition expenses.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
(The vote for this motion appears on page 291.)
*REPORT (MISC. #09096)
BY: General Government Committee, Christine Long, Chairperson
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:
The General Government Committee, having considered the above titled resolution on May 11, 2009,
recommends that the resolution be adopted.
Commissioners Minutes Continued. May 21, 2009
280
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
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 vote for this motion appears on page 291.)
*MISCELLANEOUS RESOLUTION #09118
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE PROVISIONS
OF A BROWNFIELD PLAN FOR THE OXID PROJECT IN THE CITY OF NOVI
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the
provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State
of Michigan of 1996, as amended (the “Act”), has established a redevelopment of Brownfields
Redevelopment Authority and Board (OCBRA) to facilitate the clean-up and redevelopment of
Brownfields within Oakland County’s communities; and
WHEREAS the Oxid project site in the City of Novi is, a “facility” under state statute; and
WHEREAS a Brownfield clean-up and redevelopment plan (the “Plan”) has been prepared to restore the
environmental and economic viability of this parcel which the OCBRA has reviewed and modified; and
WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed, participated in
discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval;
and
WHEREAS the members of the City Board have reviewed the Plan, and have been provided a
reasonable opportunity to express their views and recommendations regarding the Plan in accordance
Commissioners Minutes Continued. May 21, 2009
281
with Sections 13 (13) of the Act, and have unanimously approved the resolution declaring their
concurrence with the provisions of the Plan; and
WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has unanimously
approved a resolution (attached) adopting the Plan, procedures for cost reimbursement, and
recommends the adoption of the Plan by the Planning and Building Committee and the Board of
Commissioners to be carried out within the City of Novi, relating to the redevelopment of the Oxid project,
located at 25275 Regency Drive (the “Property”).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
adopt the Plan to be carried out within the City of Novi, relating to the redevelopment of the Oxid project
located at 25275 Regency Drive (the “Property”).
BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by
the Oakland County Brownfield Redevelopment Authority for the Oxid project, located in the City of Novi,
shall be held on Thursday May 21, 2009 at 9:40 a.m. in the Board of Commissioners’ Auditorium, 1200
North Telegraph Road, Pontiac, Michigan.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Brownfield Redevelopment Authority Brownfield Plan for the Regency Center
25275 Regency Drive on file in County Clerk’s office.
(The vote for this motion appears on page 291.)
*REPORT (MISC. #09097)
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: BOARD OF COMMISSIONERS – ENCOURAGING VOLUNTARY BOAT DISINFECTION
STATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on May 12, 2009,
reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #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
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
Commissioners Minutes Continued. May 21, 2009
282
WHEREAS the Michigan Association of Counties is requesting all County Commissioners 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 vote for this motion appears on page 291.)
*MISCELLANEOUS RESOLUTION #09110
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILTIES
MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NO. 13-
13-300-195, 1580 SCOTT LAKE ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee, the
Oakland County Parks and Recreation Commission and the Department of Facilities Management, with
the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the
attached Purchase Agreement with Eric and Diane Ernst, for the purchase of 1580 Scott Lake Road,
Waterford Township; and
WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland
shall pay Eric and Diane Ernst the sum of $1,000,000 via a cash sale for the purchase of said property
conditioned upon the County performing its required due diligence investigation of the subject property;
and
WHEREAS sufficient funding for said purchase is available in the Oakland County Parks and Recreation
Land Acquisition Fund; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Purchase Agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Purchase Agreement between the County
of Oakland, as purchaser, and Eric and Diane Ernst, husband and wife, seller, via a cash sale purchase.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Purchase Agreement and all other related documents,
which may be required to complete the purchase of said property.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
Commissioners Minutes Continued. May 21, 2009
283
PLANNING AND BUILDING COMMITTEE
Copy of Approval and Acceptance of Purchase Agreement Eric and Diane Ernst Property Parcel No. 13-
13-300-195 Waterford Oaks County Park on file on County Clerk’s office.
FISCAL NOTE (MISC. #09110)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NO. 13-
13-300-195, 1580 SCOTT LAKE ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a
purchase agreement between the County of Oakland and Eric and Diane Ernst for the purchase
of property parcel no. 13-13-300-195 at 1580 Scott Lake Road, Waterford, Michigan.
2. The negotiated price is in the amount of $1,000,000. The land purchase will expand the current
acreage of Waterford Oaks County Park.
3. The purchase agreement was recommended for approval by the Oakland County Parks and
Recreation Commission on April 15, 2009.
4. No Oakland County General Fund/General Purpose funding is required for this acquisition.
5. Sufficient funding is available in the Oakland County Parks and Recreation Commission’s Fiscal
Year 2009 Capital Improvement Program Budget. No budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 291.)
*MISCELLANEOUS RESOLUTION #09111
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NO. 11-
03-400-014, VACANT MILFORD ROAD FOR EXPANSION OF HIGHLAND OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee, the
Oakland County Parks and Recreation Commission and the Department of Facilities Management, with
the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the
attached Purchase Agreement with the Paul E. Hodges, III Living Trust, for the purchase of approximately
13.13-acres of vacant land located on Milford Road, Highland Township; and
WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland
shall pay the Paul E. Hodges, III Living Trust the sum of $157,200 via a cash sale for the purchase of said
property, conditioned upon the County performing its required due diligence investigation of the subject
property; and
WHEREAS sufficient funding for said purchase is available in the Oakland County Parks and Recreation
Land Acquisition Fund; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Purchase Agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Purchase Agreement between the County
of Oakland, as purchaser, and the Paul E. Hodges, III Living Trust, seller, via a cash sale purchase.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Purchase Agreement and all other related documents,
which may be required to complete the purchase of said property.
Commissioners Minutes Continued. May 21, 2009
284
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Approval and Acceptance of Purchase Agreement Paul E. Hodges, III Living Trust Property
Parcel No. 11-03-400-014 Highland Oaks County Park on file in County Clerk’s office.
FISCAL NOTE (MISC. #09111)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NO. 11-
03-400-014, VACANT MILFORD ROAD FOR EXPANSION OF HIGHLAND OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a
purchase agreement between the County of Oakland and Paul E. Hodges, III Living Trust for the
purchase of property parcel no. 11-03-400-014 at vacant Milford Road, Highland, Michigan.
2. The negotiated price is in the amount of $157,200. The land purchase will expand the current
acreage of Highland Oaks County Park.
3. The purchase agreement was recommended for approval by the Oakland County Parks and
Recreation Commission on April 15, 2009.
4. No Oakland County General Fund/General Purpose funding is required for this acquisition.
5. Sufficient funding is available in the Oakland County Parks and Recreation Commission’s Fiscal
Year 2009 Capital Improvement Program Budget. No budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 291.)
*MISCELLANEOUS RESOLUTION #09112
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NOS.
11-03-400-015 AND 11-03-400-016, VACANT MILFORD ROAD FOR EXPANSION OF HIGHLAND
OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee, the
Oakland County Parks and Recreation Commission and the Department of Facilities Management, with
the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the
attached Purchase Agreement with Joseph D. Hodges, for the purchase of approximately 20.14 acres of
vacant land located on Milford Road, Highland Township; and
WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland
shall pay Joseph D. Hodges the sum of $240,000 via a cash sale for the purchase of said property,
conditioned upon the County performing its required due diligence investigation of the subject property;
and
WHEREAS sufficient funding for said purchase is available in the Oakland County Parks and Recreation
Land Acquisition Fund; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Purchase Agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Purchase Agreement between the County
of Oakland, as purchaser, and Joseph D. Hodges, seller, via a cash sale purchase.
Commissioners Minutes Continued. May 21, 2009
285
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Purchase Agreement and all other related documents,
which may be required to complete the purchase of said property.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Approval and Acceptance of Purchase Agreement Joseph D. Hodges Property Parcel Nos. 11-
03-400-015 and 11-03-400-016 Highland Oaks County Park on file in County Clerk’s office.
FISCAL NOTE (MISC. #09112)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NOS. 11-
03-400-015 AND 11-03-400-016, VACANT MILFORD ROAD FOR EXPANSION OF HIGHLAND OAKS
COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a
purchase agreement between the County of Oakland and Joseph D. Hodges for the purchase of
property parcel nos. 11-03-400-015 and 11-03-400-016 at vacant Milford Road, Highland,
Michigan.
2. The negotiated price is in the amount of $240,000. The land purchase will expand the current
acreage of Highland Oaks County Park.
3. The purchase agreement was recommended for approval by the Oakland County Parks and
Recreation Commission on April 15, 2009.
4. No Oakland County General Fund/General Purpose funding is required for this acquisition.
5. Sufficient funding is available in the Oakland County Parks and Recreation Commission’s Fiscal
Year 2009 Capital Improvement Program Budget. No budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 291.)
*MISCELLANEOUS RESOLUTION #09113
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH KEN
PHILABAUM, ADDISON OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Addison Oaks County Park; and
WHEREAS a two-story, three bedroom house, identified as 1480 W. Romeo Road, is located on the
grounds of Addison Oaks County Park; and
WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house
located at 1480 W. Romeo Road to County employee Ken Philabaum for a period of three years
commencing May 1, 2009; and
WHEREAS under the terms and conditions of the attached Lease Agreement Ken Philabaum will pay rent
in the amount of $595.00 per month, pay all utility costs and provide after hours security, coordinate all
emergency activities with local police and fire agencies and provide after hours emergency maintenance
as necessary; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accept and
Commissioners Minutes Continued. May 21, 2009
286
approve the terms and conditions of the attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Lease Agreement between the County of Oakland and Mr. Ken
Philabaum.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and
Recreation Rental House Revenue Fund line item.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Ken Philabaum, 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 Residential Lease Agreement on file in County Clerk’s office.
FISCAL NOTE (MISC. #09113)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH KEN
PHILABAUM, ADDISON OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a
residential lease agreement between the County of Oakland and Ken Philabaum for the rental of
a house identified as 1480 W. Romeo Road and located on the grounds of Addison Oaks County
Park.
2. The residential lease agreement with Ken Philabaum stipulates he will pay rent in the amount of
$595 per month for a period of three years and pay all utility costs, commencing May 1, 2009.
3. A late fee of $25 will be paid for each monthly rent not received within five days of its due date
and will be considered additional rent to compensate for costs incurred because of late payments.
4. In addition to rent and utilities, Ken Philabaum will provide after hours security, coordinate all
emergency activities with local police and fire agencies, and provide after hours emergency
maintenance as necessary for Addison Oaks County Park.
5. The residential lease agreement was recommended for approval by the Oakland County Parks
and Recreation Commission on April 15, 2009.
6. The monthly rent amount will be deposited in the Oakland County Parks and Recreation Fund,
Addison Oaks Rental House Revenue Fund line item.
7. No budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 291.)
*MISCELLANEOUS RESOLUTION #09114
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING AN AMENDMENT
OF THE INTERLOCAL AGREEMENT FOR WASTE AND RECYCLING SERVICES WITH RESOURCE
RECOVERY AND RECYCLING AUTHORITY OF SOUTHWEST OAKLAND COUNTY - RRRASOC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Resource Recovery and Recycling Authority of Southwest Oakland County (RRRASOC)
submitted a project proposal dated February 24, 2006, to perform an intergovernmental project regarding
waste and recycling services; and
Commissioners Minutes Continued. May 21, 2009
287
WHEREAS the proposed project activities are consistent with the Oakland County Solid Waste
Management planning obligations as required by State Law, Part 115, Solid Waste Management of the
Natural Resources and Environmental Protection Act, 1994 PA 451, as amended; and
WHEREAS RRRASOC is a municipal solid waste authority, established pursuant to Act 179 of 1947 and
is comprised of the cities of Farmington, Farmington Hills, Novi, South Lyon, Southfield, Walled Lake,
Wixom, and the Township of Lyon; and
WHEREAS an interlocal Agreement was drafted to address necessary legal, liability, and responsibility
issues for both the County and RRRASOC, and identifies Oakland County's role in the project; and
WHEREAS the interlocal Agreement was adopted as a contract by the Oakland County Board of
Commissioners on May 25, 2006; and
WHEREAS RRRASOC and Oakland County Waste Resource Management wishes to amend the
interlocal agreement to extend the software license for the Re-TRAC web based tool included in the
Interlocal agreement; Section 4.1.4; and
WHEREAS Oakland County Corporation Counsel and Risk Management have reviewed and approved
the amended Interlocal Agreement between the County and RRRASOC; and
WHEREAS the amended interlocal agreement has been approved by RRRASOC.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
adopt the amended contract to be carried out with RRRASOC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
INTERLOCAL AGREEMENT FOR REGIONAL WASTE AND RECYCLING SERVICES BETWEEN
OAKLAND COUNTY AND THE RESOURCE RECOVERY AND RECYCLING AUTHORITY OF
SOUTHWEST OAKLAND COUNTY (RRRASOC)
This Interlocal Agreement (“the AGREEMENT”) is made between Oakland County, a Constitutional and
Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 (“the COUNTY”) and Resource
Recovery and Recycling Authority of Southwest Oakland County, 20000 E. Eight Mile Road, Southfield,
MI 48075 (“RRRASOC”). In this AGREEMENT, the COUNTY and RRRASOC may also be referred to
individually as “Party” or jointly as “Parties”.
1. PURPOSE OF AGREEMENT.
1.1 Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County
and RRRASOC enter into this AGREEMENT for the purpose of developing a comprehensive
plan for the effective provision of regional waste and recycling services in Oakland County.
1.2 Research performed by RRRASOC and provided to the COUNTY under the terms of this
Agreement will assist the COUNTY in the provision of uniform, reliable, and cost-effective
methods of solid waste disposal and recycling in the COUNTY in years to come.
1.3 INFORMATION gathered pursuant to this AGREEMENT will assist the COUNTY with solid
waste planning obligations under the Natural Resources and Environmental Protection Act and
the implementation of the COUNTY’S Solid Waste Management Plan as updated in 1992.
NOW THEREFORE, in consideration of the mutual promises, obligations, representations, and
assurances in this AGREEMENT, the Parties agree to the following:
2. DEFINITIONS: The following words and expressions used throughout this AGREEMENT, whether
used in the singular or plural, within or without quotation marks, or possessive or non-possessive,
shall be defined, read, and interpreted as follows:
2.1 “AGENT” OR “AGENTS” of the COUNTY or RRRASOC shall be defined to include any and all
of that Party’s officers, elected officials, appointed officials, directors, board members, council
members, authorities, boards, committees, commissions, employees, managers, departments,
divisions, volunteers, AGENTS, representatives, and/or any such person’s successors or
predecessors, employees, attorneys, or auditors (whether such persons act or acted in their
personal, representative, or official capacities), and/or any and all persons acting by, through,
under, or in concert with any of them. AGENT shall also include any person who was an
AGENT at any time during this AGREEMENT but for any reason is no longer employed,
appointed, or elected in that capacity.
Commissioners Minutes Continued. May 21, 2009
288
2.2 “AGREEMENT” means the terms and conditions of this AGREEMENT, Exhibit A and any other
mutually agreed to and properly executed modification, amendment, addendum, or change
order.
2.3 “CLAIMS” shall be defined to include any and all losses, complaints, demands for relief or
damages, suits, causes of action, proceedings, judgments, deficiencies, penalties, costs and
expenses, including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, or any other amount for which the COUNTY and/or any COUNTY AGENT becomes
legally and/or contractually obligated to pay, or defend against, or any other liabilities of any
kind whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or state), any statute, rule, regulation or the common law,
whether in law or equity, tort, contract, otherwise and/or whether commenced or threatened
and arising out of any alleged breach of any duty by RRRASOC or any RRRASOC AGENT
under or in connection with this Agreement or are based on or result in any way from
RRRASOC’s participation in the AGREEMENT.
2.4 “COUNTY” means Oakland County, a Municipal and Constitutional Corporation including, but
not limited to, all of its departments, divisions, the County Board of Commissioners, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, AGENTS, subcontractors, volunteers, and/or any such persons’
successors.
2.5 “RRRASOC” (The Resource Recovery and Recycling Authority of Southwest Oakland County)
is an intergovernmental, municipal solid waste authority created in 1989 by the eight member
communities of Farmington, Farmington Hills, Novi, South Lyon, Southfield, Walled Lake,
Wixom and Lyon Township.
3. COUNTY RESPONSIBILITIES: Subject to the terms and conditions contained in this Agreement,
and applicable changes in law, the COUNTY shall carry out the following:
3.1 Subject to the terms and conditions contained in this AGREEMENT, and applicable changes in
law, the COUNTY shall carry out the following:
3.1.1 The COUNTY shall pay RRRASOC a total of $28,929.60 for all work performed under
this AGREEMENT. RRRASOC shall submit an invoice to the COUNTY itemizing all
amounts due under this AGREEMENT in a timely manner.
3.1.2 The COUNTY shall pay the invoices within thirty (30) days after receipt of the same.
3.1.3 Except as expressly provided in this AGREEMENT, the COUNTY is not responsible for
any cost, fee, fine or penalty incurred by RRRASOC in connection with this
AGREEMENT.
4. RRRASOC RESPONSIBILITIES:
4.1 Subject to the terms and conditions contained in this AGREEMENT, and applicable changes in
law, RRRASOC shall carry out the following:
4.1.1 RRRASOC will use the on-line, web-based tool (Re-TRAC) to accomplish the following
tasks:
4.1.1.1 Continue to track waste and recycling trends within their membership.
4.1.1.2 Provide specific reports to the County upon request.
4.1.1.3 Provide access to SOCRRA to utilize software upon request.
4.1.1.4 Provide access to other communities in the County upon request by the
County.
4.2 Obligations under this section are solely those of RRRASOC and not obligations of
RRRASOC’s Member Municipalities.
5. RRRASOC INDEMNIFICATION OF COUNTY:
5.1 RRRASOC agrees to indemnify, defend, and hold harmless, to extent permitted by law, the
COUNTY and/or any COUNTY AGENT from any CLAIM(S), loss, or damage connected to or
resulting from any work done by RRRASOC and/or any of RRRASOC’S AGENT’S under this
AGREEMENT, unless such loss or damage is caused by RRRASOC and/or RRRASOC
AGENTS following direct instructions from COUNTY AGENTS.
5.2 The COUNTY agrees to indemnify, defend, and hold harmless, to the extent permitted by law,
RRRASOC and/or any RRRASOC AGENT from any CLAIM(S), loss, or damage connected to
or resulting from any work done by the COUNTY and/or any of COUNTY’S AGENT’S under this
Commissioners Minutes Continued. May 21, 2009
289
AGREEMENT, unless such loss or damage is caused by the COUNTY and/or COUNTY
AGENTS following direct instructions from RRRASOC.
6. LENGTH OF AGREEMENT: This AGREEMENT shall remain in effect until December 31, 2011 or
until terminated by either Party as provided for in this AGREEMENT.
7. TERMINATION OF AGREEMENT: Either Party may terminate or cancel this AGREEMENT for any
reason upon thirty (30) days notice. The effective date for termination or cancellation shall be clearly
stated in the notice.
8. NO THIRD PARTY BENEFICIARIES: Except as provided for the benefit of the Parties, this
AGREEMENT does not and is not intended to create any obligation, duty, promise, contractual right
or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity. It is expressly understood that RRRASOC shall have no liability to third parties for
alleged loss or damages, direct or indirect, under any theory or claim alleging defect, negligence,
error, omission, or any other failure in respect to the work product delivered to the COUNTY under
this AGREEMENT, and the COUNTY covenants to advise any subsequent users of the work product
of this limitation.
9. COMPLIANCE WITH LAWS: Each Party shall comply with all federal, state, and local statutes,
ordinances, regulations, administrative rules, and requirements applicable to its activities performed
under this AGREEMENT.
10. DISCRIMINATION: The Parties shall not discriminate against their employees, AGENTS, applicants
for employment, or other person or entities with respect to hire, tenure, terms, conditions, and
privileges of employment, or any matter directly or indirectly related to employment in violation of any
federal, state or local law.
11. PERMITS AND LICENSES: Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses including software licenses, permits, certificates,
and governmental authorizations necessary to perform all its obligations under this AGREEMENT.
Upon request, a Party shall furnish copies of any permit, license, and certificate of governmental
authorization to the requesting Party.
12. RESERVATION OF RIGHTS. This AGREEMENT does not, and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, or immunity of the Parties.
13. FORCE MAJEURE. Each Party shall be excused from any obligations under this AGREEMENT
during the time and to the extent that a Party is prevented from performing due to causes beyond
such Parties control, including, but not limited to, an act of God, war, acts of government (other than
the Parties’), fire strike, labor disputes, civil disturbances, reduction of power source, or any other
circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
14. DELEGATION/SUBCONTRACT/ASSIGNMENT: A Party may not delegate, subcontract, and/or
assign any obligations or rights under this AGREEMENT without the prior written consent of the other
Party.
15. NO IMPLIED WAIVER: Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this AGREEMENT shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this AGREEMENT. No waiver of any term, condition,
or provision of this AGREEMENT, whether by conduct or otherwise, in one or more instances, shall
be deemed or construed as a continuing waiver of any term, condition, or provision of this
AGREEMENT. No waiver by either Party shall subsequently affect its right to require strict
performance of this AGREEMENT.
16. SEVERABILITY: If a Court of competent jurisdiction finds a term, or condition, of this AGREEMENT
to be illegal or invalid, then the term or condition shall be deemed severed from this AGREEMENT.
All other terms, conditions and provisions of this AGREEMENT shall remain in full force.
17. CAPTIONS: The section and subsection numbers, captions, and any indent to such sections and
subsections contained in this AGREEMENT are intended for the convenience of the reader and are
not intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this AGREEMENT. Any use of the singular or plural number,
any reference to the male, female or neuter genders, and any possessive or non-possessive use in
this AGREEMENT shall be deemed the appropriate plurality, gender or possession as the context
requires.
Commissioners Minutes Continued. May 21, 2009
290
18. NOTICES: Notices given under this AGREEMENT shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and
addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent
express delivery service or personal delivery; or (3) three days after mailing first class or certified
mail.
18.1 If notice is sent to the COUNTY it shall be addressed and sent to: Oakland County Waste
Resource Management, 1200 N. Telegraph Road, EOB, Room 102, Pontiac, Michigan 48341
and Chairperson of the Oakland County Board of Commissioners, 1200 N. Telegraph Road,
Pontiac, Michigan, 48341.
18.2 If notice is sent to RRRASOC, it shall be addressed to Michael J. Csapo, RRRASOC General
Manager, 20000 W. Eight Mile Road, Southfield, MI 48075.
19. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This AGREEMENT shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any CLAIM arising
under or related to this AGREEMENT shall be brought in the 6th Judicial Circuit Court for the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the Court.
Except as otherwise required by law or court rule, venue is proper in the Courts set forth above.
20. AGREEMENT APPROVAL AND AMENDMENT:
20.1 This AGREEMENT shall not become effective prior to the approval by concurrent resolutions of
the County Board of Commissioners and the governing Legislative Body of RRRASOC. The
approval and terms of this AGREEMENT shall be entered in the official minutes and
proceedings of the County Board of Commissioners and governing Legislative Body of
RRRASOC and shall also be filed with the office of the Clerk of the County and RRRASOC. In
addition, this AGREEMENT, and any subsequent amendments, shall be filed with the Secretary
of State for the State of Michigan by the COUNTY and shall not become effective or
implemented prior to its filing with the Secretary of State and the Clerk of the County.
20.2 Except as expressly provided herein, this AGREEMENT may be amended only by concurrent
written resolutions of the County Board of Commissioners and the governing body of
RRRASOC. This AGREEMENT shall not be changed, supplemented, or amended except as
provided for heron, and no other act, verbal representation, document, usage, or custom shall
be deemed to amend or modify this AGREEMENT.
21. ENTIRE AGREEMENT: This AGREEMENT constitutes the complete and entire AGREEMENT
between the COUNTY and RRRASOC and fully supersedes any and all prior AGREEMENTS or
contemporaneous representations or understandings, verbal or oral, between them concerning and in
any way related to the subject matter of this AGREEMENT. It is further agreed that the terms and
conditions herein are contractual and are not a mere recital and that there are no other
AGREEMENTS, understandings, contracts or representations between RRRASOC and the County in
any way related to the subject matter hereof, except as expressly stated herein.
22. CONCLUSION: For and in considerations of the mutual promises, acknowledgements and
representations set forth in this AGREEMENT, and for other good and valuable consideration, the
adequacy of which is hereby acknowledged, the COUNTY and RRRASOC hereby agree to be bound
by the above terms and provisions.
IN WITNESS WHEREOF, _____________________________________, hereby acknowledges that he
has been authorized by RRRASOC to execute this AGREEMENT on behalf of RRRASOC and hereby
accepts and binds RRRASOC to the terms and conditions of this AGREEMENT.
By:________________________________________ Date:_____________
Michael J. Csapo, General Manager RRRASOC
Witnessed:__________________________________ Date:_____________
Commissioners Minutes Continued. May 21, 2009
291
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the County
of Oakland and hereby accepts and binds the County to the terms and conditions of this Agreement:
By:______________________________________ Date:______________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Witnessed:________________________________ Date:______________
FISCAL NOTE (MISC. #09114)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING AN AMENDMENT OF
THE INTERLOCAL AGREEMENT FOR WASTE AND RECYCLING SERVICES WITH RESOURCE
RECOVERY AND RECYCLING AUTHORITY OF SOUTHWEST OAKLAND COUNTY - RRRASOC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Board of Commissioners by Miscellaneous Resolution #06092 approved an Interlocal
Agreement between Oakland County and the Resource Recovery and Recycling Authority of
Southwest Oakland County (RRRASOC) at a cost of $70,750 to obtain regional waste and
recycling services and data to assist in updating the Oakland County Solid Waste Management
Plan.
2. The Agreement addresses necessary legal, liability, and responsibility issues for both the County
and RRRASOC and identifies Oakland County’s role in the project.
3. In particular, the Agreement provides local community profiles and needs assessment and
identifies intergovernmental options available to communities regarding solid waste collection and
disposal and recycling activities.
4. The resolution amends the Interlocal Agreement to extend the software license for the Re-TRAC
web-based tool included in the agreement and extends the Agreement through December 31,
2011.
5. Under terms of the Amended Agreement the County will pay RRRASOC an additional amount of
$28,929.60 for work performed.
6. Funding is available in the FY 2009 Planning & Economic Development Services/Waste
Resource Management Budget, Professional Services account #10100-1090201-174230-
731458.
7. No additional appropriation or budget amendment is recommended.
FINANCE COMMITTEE
Vote on Consent Agenda:
AYES: Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jackson,
Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack,
Bullard. (21)
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).
Commissioner Middleton stated there were no items to report from the Finance Committee on the Regular
Agenda.
REPORT (MISC. #09107)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS – AUTHORIZATION FOR LAW LIBRARY COLLABORATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. May 21, 2009
292
The Human Resources Committee having reviewed the MR #09107 on May 13, 2009 reports with the
recommendation the resolution be amended to add a fourth BE IT FURTHER RESOLVED paragraph as
follows:
BE IT FURTHER RESOLVED that once a contractual agreement has been negotiated, it will come
through the appropriate committee process, including the Human Resources and Finance
Committees for review and final recommendation to the Board of Commissioners.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #09107
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – AUTHORIZATION FOR LAW LIBRARY COLLABORATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Courthouse currently houses three libraries: the Adams Pratt Law
Library, the County Research Library, and a Regional Library for the Visually and Physically Impaired
(LVPI); and
WHEREAS for the past several years, the County has recognized the need to find additional space in the
Courthouse for the County’s courts and other offices and departments; and
WHEREAS the County is currently facing a severe financial crisis, estimated as high as a $76 million
dollar shortfall over the next three years; and
WHEREAS in seeking to maximize County facilities and, at the same time, reduce the County’s financial
obligations, efforts have been made to ascertain whether County collaboration and cooperation with and
among other libraries may be feasible; and
WHEREAS on March 31, 2009, Thomas M. Cooley Law School’s President and Dean Don LeDuc sent a
letter to County Executive L. Brooks Patterson and County Board Chairperson Bill Bullard, Jr., to inquire
whether the County would be interested in combining the Adams Pratt Law Library Collection with
Cooley’s library collection to be housed together at the Law School’s Auburn Hills campus; and
WHEREAS the Thomas M. Cooley Law School is the nation’s largest law school and has established a
67-acre branch campus in Auburn Hills; and
WHEREAS this joint venture arrangement with Cooley Law School comes at an opportune time for the
County – a time when unprecedented budgetary adjustments must be made in all County departments;
and
WHEREAS MCL 397.471 provides that libraries may enter into contracts with other libraries for
cooperation and coordination in their maintenance and operation “to avoid unnecessary duplication and at
the same time promote the widest public use of books, manuscripts and other materials and facilities.”;
and
WHEREAS the statutes allowing for such collaborative contracts “shall be broadly and liberally construed
and applied”; and
WHEREAS in an effort to keep all parties informed of the Cooley Law School offer, County Administration
met with the Library Board on April 20, 2009, to advise it of this unique opportunity and to encourage the
Library Board’s participation in managing the details; and
WHEREAS the Administration has also been in contact with and provided information to the Oakland
County Bar Association and the Oakland County Bar Foundation, which provides supplemental financial
assistance in the form of gifts to the Adams Pratt Law Library.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners appreciates
and supports the offer from Thomas M. Cooley Law School to enter into a collaborative venture for public
law library services with Oakland County.
BE IT FURTHER RESOLVED that the Board of Commissioners appreciates the support of the County
Library Board in this joint venture.
BE IT FURTHER RESOLVED that the County Administration, with assistance as needed from the Library
Board and the Board of Commissioners staff, is hereby authorized to proceed with negotiations for this
collaboration with Thomas M. Cooley Law School with a goal of providing enhanced public law library
services to the constituents and users of the Adams Pratt Collection.
Commissioners Minutes Continued. May 21, 2009
293
BE IT FURTHER RESOLVED that the County negotiating team shall submit a proposed recommended
agreement for consideration by the Board of Commissioners.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (MISC. #09107)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – AUTHORIZATION FOR LAW LIBRARY COLLABORATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The proposed collaboration between Oakland County and the Thomas M. Cooley Law School will
not increase County cost and should decrease the County’s funding obligation for this service
while improving the service to the public.
2. Any budgetary implications resulting from this collaboration will be addressed by the Human
Resources and the Finance Committees once the contract is negotiated.
FINANCE COMMITTEE
Moved by Long supported by Potter the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Potter the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Potter the resolution be amended to coincide with the recommendation in
the Human Resources Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jackson, Jacobsen,
Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack,
Bullard, Burns. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
REPORT (MISC. #09108)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – POSITION
DELETIONS AND OTHER ACTIONS TO MEET FISCAL YEAR 2010 - 2012 BUDGET TASK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having considered the above titled resolution on May 13, 2009
recommends that the resolution be amended as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
the proposed personnel actions of the Department of Health and Human Services/Health Division as
follows:
8. To transfer one (1) FTE Public Health Nurse III (1060236-01869) to Children’s Village
(1060501-01869).
Chairperson, on behalf of the Human Resources Committee, I move acceptance of the foregoing report.
HUMAN RESOURCES COMMITTEE
Commissioners Minutes Continued. May 21, 2009
294
MISCELLANEOUS RESOLUTION #09108
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – POSITION
DELETIONS AND OTHER ACTIONS TO MEET FISCAL YEAR 2010 - 2012 BUDGET TASK
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 to assist in meeting the County Executive’s budget task reduction, the Department of Health
and Human Services/Health Division proposes a reorganization which includes the deletion of nineteen
(19) FTE positions, the deletion of seven (7) PTE positions, the deletion of one (1) Summer position, the
deletion of one (1) PTNE College Intern, the transfer of two (2) FTE positions from the Health Division to
Children’s Village, the creation of eight (8) PTNE positions and the creation of four (4) FTNE positions;
and
WHEREAS six (6) Youth Specialist II positions were designated to be deleted effective with the FY 2010
Budget, per the 2009 General Appropriations Act, Miscellaneous Resolution #08206; and
WHEREAS Health and Human Services has proposed several position deletions that will take place
during FY 2009 that will provide additional departmental budget reductions to further reduce the County
Executive’s budget tasks therefore it is proposed to amend the FY 2010 Budget by removing the deletion
of the six Youth Specialist II positions.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
proposed personnel actions of the Department of Health and Human Services/Health Division as follows:
1. To delete the following GF/GP positions in the Health Division:
Position Title Department-Position Number
Secretary I 1060201-03459
Office Supervisor I 1060211-02339
Medical Technologist 1060212-01671
Summer Health Ed/Lab Asst 1060212-04419
College Intern 1060212-10696
Public Health Sanitarian Tech 1060220-02669
Senior Public Health Sanitarian 1060220-03263
Public Health Sanitarian Tech 1060220-05973
Public Health Educator III 1060233-00385
Public Health Nurse III 1060234-00202
Public Health Nurse III 1060236-00384
Public Health Nurse III 1060236-00948
Public Health Nurse III 1060236-01738
Public Health Nurse III 1060236-02229
Public Health Nurse III 1060236-02744
Public Health Nurse III 1060236-03109
Public Health Nurse III 1060236-03262
Public Health Nurse III 1060236-03478
Public Health Nurse III 1060236-03526
Public Health Technician 1060237-00635
Public Health Technician 1060237-00640
Public Health Technician 1060237-00641
Public Health Technician 1060237-00643
Public Health Technician 1060237-00651
Hearing/Vision Tech Supervisor 1060237-01492
Public Health Technician 1060237-03673
Public Health Technician 1060237-04571
Public Health Nurse III 1060283-07288
2. To create one (1) FTNE (2,000 hour/year) GF/GP Senior Public Health Sanitarian position
(1060220).
3. To create one (1) FTNE (2,000 hour/year) GF/GP Secretary I position (1060201).
4. To create two (2) FTNE (2,000 hour/year) GF/GP Public Health Nurse III positions (1060236).
Commissioners Minutes Continued. May 21, 2009
295
5. To create one (1) PTNE (1,000 hour/year) GF/GP Hearing/Vision Tech Supervisor position
(1060237).
6. To create seven (7) PTNE (1,000 hour/year) GF/GP Public Health Technician positions
(1060237).
7. To transfer one (1) FTE Public Health Nursing Supervisor (1060234-02469) to Children’s Village
(1060501-02469).
8. To transfer one (1) FTE Public Health Nurse III (1060236-01869) to Children’s Village (1060501-
01869).
9. To create twelve (12) PTNE Youth Specialist I (1,000 hour/year) positions in Children’s Village
(10605).
10. To amend the FY 2010 Budget by removing the deletion of the six (6) Youth Specialist II positions
located in the Children’s Village Division (1060501-01570, 02620, 02133, 02590, 05392, and
07878.
BE IT FURTHER RESOLVED that the Fiscal Year 2009 budget be amended to reflect the reorganization
and position changes listed above.
BE IT FURTHER RESOLVED that the Fiscal Year 2009 and Fiscal Year 2010 impact of the above listed
reorganization be included in the Fiscal Year 2010, Fiscal Year 2011 and Fiscal Year 2012 County
Executive Recommended Budget.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (MISC. #09108)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – POSITION
DELETIONS AND OTHER ACTIONS TO MEET FISCAL YEAR 2010 – 2012 BUDGET TASK
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 Department of Health and Human Services/Health Division proposes to reorganize in order
to meet their share of the County Executive budget task for Fiscal Years 2010, 2011 and 2012.
The FY 2009 Savings of $670,029 will be used towards Budget Task.
2. The changes will generate savings of $670,029 for FY 2009. The savings for FY 2010 is
$927,439, FY 2011 is $927,439 and FY 2012 will be $927,439.
3. The reorganization includes the deletion of one (1) Secretary I (#03459), one (1) Office
Supervisor I (#2339), one (1) Medical Technologist (#1671), one (1) Summer Health Ed/Lab Asst.
(#4419), one (1) College Intern (#10696), two (2) Public Health Sanitarian Tech. (#2669, #5973),
one (1) Senior Public Health Sanitarian (#3263), one (1) Public Health Educator III (#385), eleven
(11) Public Health Nurse III’s (#202, #384, #948, #1738, #2229, #2744, #3109, #3262, #3478,
#3526 #7288), five (5) Public Health Technician’s (#635, #640, #641, #643, #651), one (1)
Hearing/Vision Tech Supervisor (#1492), two (2) Public Health Technician’s (#3673, #4571).
4. The reorganization creates one (1) FTNE (2,000 hour/year) GFGP Senior Public Health
Sanitarian position Department (1060220), one (1) FTNE (2,000 hour/year) GF/GP Secretary I
position (1060201), two (2) FTNE (2,000 hour/year) GF/GP Public Health Nurse III positions
(1060236), one (1) PTNE (1,000 hour/year) GF/GP Hearing/Vision Tech Supervisor position
(1060237), seven (7) PTNE (1,000 hour/year) GF/GP Public Health Technician positions
(1060237) and twelve (12) PTNE Youth Specialist I (1,000 hour/year) positions in the Children’s
Village (10605).
5. One (1) Public Health Nursing Supv. (1060234-02469) will be transferred to the Children’s Village
Division.
6. The FY 2010 Budget will be amended by removing the deletion of the six (6) Youth Specialist II
positions located in the Children’s Village Division (1060501-01570, 02620, 02133, 02590, 05392,
and 07878.
Commissioners Minutes Continued. May 21, 2009
296
7. An amendment to the FY 2009 Budget is recommended per the attached Schedule A.
8. A budget adjustment to the FY 2010, FY 2011 and FY 2012 Budget will be incorporated with the
County Executive Recommended Budget.
FINANCE COMMITTEE
Copy of Schedule A on file in County Clerk’s office.
Moved by Long supported by Gershenson the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Gershenson the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Gershenson the resolution be amended to coincide with the
recommendation in the Human Resources Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jackson, Jacobsen, Long,
McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard,
Burns, Capello. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
REPORT (MISC. #09109)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: COUNTY EXECUTIVE/ADMINISTRATION - TRANSFER OF EMERGENCY RESPONSE &
PREPAREDNESS TO DEPARTMENT OF HEALTH AND HUMAN SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having considered the above titled resolution on May 13, 2009
recommends that the resolution be amended as follows:
BE IT FURTHER RESOLVED that the following positions be transferred and re-titled:
From County Exec. Admin. (1010115) To Health & Human Svcs. (1060xxx)
Position # Position Title Position Title
09864 Administrator - Emer Res & Preparedness Manager - Homeland Security
00764 Chief - Emergency Management Chief - Emergency Management
00737 ERP Specialist Homeland Security Specialist
03412 ERP Specialist Homeland Security Specialist
03438 Emergency Management Supervisor Emergency Management Supervisor
04724 Office Assistant II Office Assistant II
06893 Technical Assistant (PTNE) Technical Assistant (PTNE)
09735 Emergency Management Coord (PTNE) Emergency Management Coord (PTNE)
10175 Office Assistant II (PTNE) Office Assistant II (PTNE)
10296 ERP – Regional SAP Homeland Security - Regional SAP
10519 ERP - UASI Regional SAP Homeland Security - UASI Regional SAP
10520 ERP Regional SAP (grade 08) Business Analyst ERP Regional SAP
(grade 08)
10693 College Intern College Intern
Chairperson, on behalf of the Human Resources Committee, I move acceptance of the foregoing report.
HUMAN RESOURCES COMMITTEE
Commissioners Minutes Continued. May 21, 2009
297
REPORT (MISC. #09109)
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE/ADMINISTRATION – TRANSFER OF EMERGENCY RESPONSE &
PREPAREDNESS TO DEPARTMENT OF HEALTH AND HUMAN SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the above-referenced resolution, recommends that the
resolution be amended to add fourth and fifth BE IT FURTHER RESOLVED paragraphs as follows:
BE IT FURTHER RESOLVED that the Homeland Security Division shall report to the General
Government Committee.
BE IT FURTHER RESOLVED that the 2009 Board Rules, Sections XI.B and Sections XI.E. will be
amended to strike references to “Emergency Response & Preparedness” and to reflect that the
Homeland Security Division will report to the General Government Committee.
Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report.
MISCELLANEOUS RESOLUTION #09109
BY: General Government Committee, Christine Long, Chairperson
IN RE: COUNTY EXECUTIVE/ADMINISTRATION - TRANSFER OF EMERGENCY RESPONSE AND
PREPAREDNESS TO DEPARTMENT OF HEALTH AND HUMAN SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County’s emergency management functions are mandated by the Michigan
Emergency Management Act (Public Act 50 of 1990) to provide for the coordination of all matters
pertaining to emergency services, disaster preparedness, and recovery assistance within the County; and
WHEREAS pursuant to Miscellaneous Resolution #01270 the Emergency Response and Preparedness
(ERP) unit was created under the County Executive Administration, reflecting the imperative to bolster the
County’s activities in this critical area after September 11, 2001; and
WHEREAS the ERP unit has developed several common activities involving areas within the Department
of Health and Human Services; and
WHEREAS the inclusion of the ERP function under the Department of Health and Human Services will
lead to operational and organizational efficiencies; and
WHEREAS the Oakland County Executive wishes to realize these efficiencies; and
WHEREAS upon the transfer, the name is proposed to be changed to Homeland Security Division under
the Department of Health and Human Services to more accurately reflect the functions as well as
nationally recognized terminology; and
WHEREAS along with the organizational transfer, the position of Administrator - Emergency Response
and Preparedness is proposed to be re-titled to Manager - Homeland Security, will remain an appointed
position, and will report directly to the Director of the Department of Health and Human Services; and
WHEREAS Section 14(a) of Public Act 139 of 1973, the Unified Form of County Government Act under
which Oakland County is organized, specifies that “the Board of County Commissioners may transfer a
function from one department to another upon the affirmative recommendation of the County Executive
and following a public hearing.”
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
transfer of the Emergency Response and Preparedness function and positions (as shown below) from
County Executive Administration (1010115) to a new division to be created under Health and Human
Services Department titled Homeland Security.
BE IT FURTHER RESOLVED that the current appointed position of Administrator – ERP be reclassified
to Manager - Homeland Security, and remain an appointed position, with the following salary range:
Base 1 Year 2 Year 3 Year 4 Year 5 Year
From 72,265
2,779.44
76,617
2,946.82
80,965
3,114.05
85,318
3,281.45
89,668
3,448.76
94,017
3,616.02
To 76,615
2,946.73
81,225
3,124.05
85,836
3,301.39
90,445
3,478.67
95,057
3,656.04
99,672
3,833.55
Commissioners Minutes Continued. May 21, 2009
298
BE IT FURTHER RESOLVED that the following classifications be re-titled:
From To
ERP Specialist Homeland Security Specialist
ERP - Regional SAP Homeland Security - Regional SAP
ERP - UASI Regional SAP Homeland Security - UASI Regional
BE IT FURTHER RESOLVED that the following positions be transferred and re-titled:
From County Exec. Admin. (1010115) To Health & Human Svcs. (1060xxx)
Position # Position Title Position Title
09864 Administrator - Emer Res & Preparedness Manager - Homeland Security
00764 Chief - Emergency Management Chief - Emergency Management
00737 ERP Specialist Homeland Security Specialist
03412 ERP Specialist Homeland Security Specialist
03438 Emergency Management Supervisor Emergency Management Supervisor
04724 Office Assistant II Office Assistant II
06893 Technical Assistant (PTNE) Technical Assistant (PTNE)
09735 Emergency Management Coord (PTNE) Emergency Management Coord (PTNE)
10175 Office Assistant II (PTNE) Office Assistant II (PTNE)
10296 ERP – Regional SAP Homeland Security - Regional SAP
10519 ERP - UASI Regional SAP Homeland Security – UASI Regional SAP
10520 ERP - Regional SAP (grade 08) Business Analyst (grade 08)
10693 College Intern College Intern
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (MISC. #09109)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: COUNTY EXECUTIVE/ADMINISTRATION - TRANSFER OF EMERGENCY RESPONSE &
PREPAREDNESS TO DEPARTMENT OF HEALTH AND HUMAN SERVICES
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 Emergency Management function was created under the County Executive
Administration per Miscellaneous Resolution #01270 after September 11, 2001, reflecting the
vital need to bolster the County’s activities for the coordination of all matters pertaining to
emergency services, disaster preparedness, and recovery assistance within the County.
2. Since September 11, 2001, community emergency response has developed several common
activities between public health and emergency management. The County Executive
recommends the transfer of the Emergency Management and Preparedness and related support
staff from the County Executive to the Department of Health and Human Services and retitle this
unit as the Homeland Security Division in order to create more operational and organizational
efficiencies.
3. The County Executive recommends this new division report directly to the Director of Health and
Human Services, and the position of Administrator - Emergency Response and Preparedness be
re-titled and reclassified to Manager - Homeland Security Division, which will remain an appointed
position.
4. An amendment to the FY 2009 Budget is recommended per the attached Schedule A to reflect
the transfer of the Emergency Response & Preparedness Unit to the Department of Health and
Human Services.
5. A budget adjustment for FY 2010, FY 2011, and FY 2012 will be incorporated with the County
Executive Recommended Budget.
FINANCE COMMITTEE
Copy of Schedule A on file in County Clerk’s office.
Commissioners Minutes Continued. May 21, 2009
299
Moved by Long supported by Zack the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Zack the Human Resources Committee Report and the Public Services
Committee Report be accepted.
A sufficient majority having voted in favor, the reports were accepted.
Moved by Long supported by Zack the resolution be amended to coincide with the recommendations in
the Human Resources Committee Report and the Public Services Committee Report.
A sufficient majority having voted in favor, the amendments carried.
Vote on resolution, as amended:
AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Jackson, Jacobsen, Long, McGillivray,
Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard, Burns, Capello,
Coulter. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
MISCELLANEOUS RESOLUTION #09119
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS - 2009 PROFESSIONAL SERVICES CONTRACT WITH
POLING, MCGAW AND POLING, PC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there are occasions in which legal issues arise that require the Board of Commissioners to
seek the advice of independent legal counsel; and
WHEREAS Poling, McGaw and Poling, PC has been providing the Oakland County Board of
Commissioners with legal advice since May of 1998; and
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #04309, to
enter into a contract for legal services with Poling, McGaw and Poling, PC that expired on May 31, 2006;
and
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #06113, to
enter into a contract for legal services with Poling, McGaw and Poling, PC that expired on December 31,
2008; and
WHEREAS Poling, McGaw and Poling, PC has been providing exemplary service to the Oakland County
Board of Commissioners and the Board wishes to retain Poling, McGaw and Poling, PC as its legal
counsel through 2010.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the contract for legal services with Poling, McGaw and Poling, PC with the expiration date until
December 31, 2010.
BE IT FURTHER RESOLVED that the compensation rate for Poling, McGaw and Poling, PC is at the
same hourly rate of One Hundred Forty ($140.00) Dollars per hour, as is established for other outside
counsel and in accordance with Miscellaneous Resolution #07160.
BE IT FURTHER RESOLVED that the contract with Poling, McGaw and Poling, PC is not to exceed
$10,000 for the period, and that the contract shall have the same scope of services and terms as the
most recent contract.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board
Chairperson, or his designee, to execute the attached Professional Services Contract with Poling, McGaw
and Poling, PC with the expiration date of December 31, 2010.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. May 21, 2009
300
A copy of Oakland County Department of Management and Budget Purchasing Division Professional
Service Contract Number: 002536 on file in County Clerk’s office.
FISCAL NOTE (MISC. #09119)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – 2009 PROFESSIONAL SERVICES CONTRACT WITH
POLING, MCGAW AND POLING, PC
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 entered into a contract for legal services with
Poling, McGaw and Poling, PC per Miscellaneous Resolution #06113, which expired on
December 31, 2008.
2. The current contract is not to exceed $10,000 with compensation at the hourly rate of $140.00, as
is established for other outside counsel and in accordance with Miscellaneous Resolution
#07160.
3. There are sufficient funds budgeted in Legal Services within the Board of Commissioners budget
and no budget amendment is necessary at this time.
FINANCE COMMITTEE
Moved by Long supported by Potts the resolution (with fiscal note attached) be adopted.
AYES: Gershenson, Gingell, Gosselin, Greimel, Jackson, Jacobsen, Long, McGillivray,
Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard, Burns, Capello,
Coulter, Douglas. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #09120
BY: General Government Committee, Christine Long, Chairperson
IN RE: CLERK/REGISTER OF DEEDS – POSITION DELETIONS TO REDUCE COSTS
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 County Clerk/Register of Deeds has reviewed the assigned estimated budget task for
General Fund/General Purpose funds; and
WHEREAS in response to the weakened economy and budget shortfalls facing Oakland County, the
Clerk/Register of Deeds proposes the deletion of eight (8) vacant Summer Clerical positions (2010101-
03992, 2010205-04545, 2010301-03997, 2010401-03998, 2010401-03999, 2010601-06769, 2010601-
06776 and 2010601-09519); and
WHEREAS the savings from the position deletions will be fully applied towards the Clerk/Register of
Deeds 2010, 2011 and 2012 budget task; and
WHERAS the duties that were previously assigned to these positions will be redistributed to other
divisional employees; and
WHEREAS the remaining portion of the department’s budget task will be included in the triennial budget
plan for Fiscal Year 2010, 2011 and 2012.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
deletion of eight (8) vacant GF/GP Summer Clerical positions (2010101-03992, 2010205-04545,
2010301-03997, 2010401-03998, 2010401-03999, 2010601-06769, 2010601-06776 and 2010601-
09519).
Commissioners Minutes Continued. May 21, 2009
301
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Human Resources Committee and to the Finance
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09121
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 2nd QUARTERLY
REPORT FOR FY 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1
- 21 provides a process for departments and employees to request a review of the salary grade
placement of classifications; and
WHEREAS the 2nd Quarterly Report for FY 2009 identifies the job studies conducted and the salary grade
changes recommended by the Human Resources Department after completion of this review process;
and
WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary
grade changes resulting from this Salary Administration Quarterly Report recommendations; and
WHEREAS funding is available through Community & Home Improvement grant funds to implement
salary grade changes resulting from recommended Proprietary salary grade changes.
NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes
implementation of the Salary Administration Plan 2nd Quarterly Report for FY 2009, which includes the
following classification changes:
Salary Grade
Classification From To Position Number
Retitle Sr Community & Home Improvement
Technician to Housing Counseling & Homeless
Services Supervisor 12 14 1090680-03354
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #09098)
BY: Planning and Building Committee, John Scott, Chairperson
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:
The Planning and Building Committee, having reviewed the above-titled resolution on May 12, 2009,
reports with a recommendation that the resolution be amended, as follows:
1. Revise the 1st BE IT FURTHER RESOLVED paragraph, as follows:
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 cost savings
without compromising environmental protection.
2. Delete the 2nd BE IT FURTHER RESOLVED paragraph
3. Revise the 3rd BE IT FURTHER RESOLVED paragraph, as follows:
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., the Kent County Drain Commissioner, Director of
Commissioners Minutes Continued. May 21, 2009
302
the Wayne County Department of Environment and the Macomb County Public Works
Commissioner.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
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
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
Commissioners Minutes Continued. May 21, 2009
303
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
Moved by Scott supported by Taub the resolution be adopted.
Moved by Burns supported by Nash to refer the resolution back to the Planning and Building Committee.
Discussion followed.
Vote on referral:
AYES: Greimel, Jackson, McGillivray, Nash, Schwartz, Zack, Burns, Coulter, Gershenson. (9)
NAYS: Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub,
Bullard, Capello, Douglas. (13)
A sufficient majority having not voted in favor, the motion to refer the resolution back to the Planning and
Building Committee failed.
Moved by Scott supported by Taub the Planning and Building Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Scott supported by Taub the resolution be amended to coincide with the recommendation in
the Planning and Building Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Gosselin, Greimel, Jackson, Jacobsen, Long, McGillivray, Middleton, Potter, Potts,
Runestad, Scott, Taub, Zack, Bullard, Burns, Capello, Douglas, Gingell. (18)
NAYS: Nash, Schwartz, Coulter, Gershenson. (4)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #09122
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT
SERVICES FOR THE 2009 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to
enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and
WHEREAS the Paint Creek Trailways Commission has requested a contract between the County and
Paint Creek Trailways for Law Enforcement Patrol Services for the 2009 season; and
WHEREAS the Sheriff's Office, in conjunction with the Paint Creek Trailways, is proposing to contract for
services per the attached agreement for Part Time Non-Eligible Mounted Deputies; and
WHEREAS the rates for the 2009 season are included in the contract and the Department of
Management and Budget is in agreement; and
WHEREAS Corporation Counsel has approved this contract.
Commissioners Minutes Continued. May 21, 2009
304
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board and the Oakland County Sheriff to enter into the attached agreement with the
Paint Creek Trailways for the purpose of Law Enforcement Patrol Services at the rates included in the
attached contract.
BE IT FURTHER RESOLVED that continuation of the additional 500 hours added per M.R. #06129 are
contingent upon renewal of this agreement.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Paint Creek Trailways Contract for Sheriff Law Enforcement Services 2009 on file in County
Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09123
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN
RENAISSANCE FESTIVAL - 2009 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Renaissance Festival, the operator of a summer theatre facility by the same
name in Groveland Township, has requested the Oakland County Sheriff's Office to supply Deputies for
Law Enforcement Services for the upcoming 2009 season; and
WHEREAS the Sheriff's Office has agreed to supply such Deputies on an availability overtime hourly
basis, the number of man-hours to be determined by the Sheriff's Office; and
WHEREAS this contract has been reviewed by Corporation Counsel; and
WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance
Festival at the hourly overtime rates for the 2009 season, as was established by Miscellaneous
Resolution #08250.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
execution of the attached contract consistent with provisions contained therein.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Contract for Police Protection on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
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
Commissioners Minutes Continued. May 21, 2009
305
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
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 Coulter supported by Potter the resolution be postponed until the June 11, 2009 Board
meeting.
Discussion followed.
Commissioners Minutes Continued. May 21, 2009
306
Vote on motion to postpone:
AYES: Greimel, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Zack, Bullard, Burns, Capello, Coulter, Douglas, Gershenson,
Gingell, Gosselin. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was postponed until the June 11, 2009 Board
meeting.
Commissioner Schwartz thanked Larry Doyle, Board of Commissioners Administrative Director, for his
quick responses and fine work.
Commissioner Potts addressed the Board regarding the Birmingham Eccentric newspaper.
The Board adjourned at 10:30 a.m. to the call of the Chair or June 11, 2009, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson