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Oakland County Board of Commissioners Minutes

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Oakland County Board of Commissioners Minutes OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 29, 2009 Meeting called to order by Vice-Chairperson Mike Gingell at 9:35 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Bullard. (1) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Tom Middleton. Pledge of Allegiance to the Flag. Moved by Long supported by Coulter the minutes of the October 14, 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 amended, as follows: ITEMS NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE b. Department of Health and Human Services/Health Division – FY 2009-2010 Comprehensive, Planning, Budgeting and Contracting (CPBC) Agreement. (Reason for Suspension of General Government Committee, item b.: Waiver of Rule III. – Item was taken up by the General Government Committee immediately prior to today’s meeting and is being reviewed out of order [HR and Finance reviewed at their regular meetings the week before].) c. Department of Health and Human Services/Health Division – FY 2009-2010 Comprehensive, Planning, Budgeting and Contracting (CPBC) Agreement Amendment #1 Acceptance. (Reason for Suspension of General Government Committee, item c.: Waiver of Rule III. – Item was taken up by the General Government Committee immediately prior to today’s meeting and is being reviewed out of order [Finance reviewed at its regular meeting the week before].) 740 Commissioners Minutes Continued. October 29, 2009 Vote on agenda, as amended: AYES: Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (22) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Vice-Chairperson Mike Gingell welcomed Chief Probate Judge Elizabeth Pezzetti, who introduced Judge Linda S. Hallmark, Judge Eugene Arthur Moore, Judge Daniel A. O’Brien and her hard working staff. Judge Pezzetti gave the State of the Probate Court Address. Commissioner Helaine Zack introduced Jennifer Shields, Jail Diversion Specialist, who gave a presentation on Easter Seals. The following person addressed the Board: Diane (did not state her last name). Moved by Jacobsen supported by Coulter 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 764. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #09242 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and WHEREAS revenues and expenditures associated with the services for this contract are included in the FY 2010-2012 Adopted Budget and therefore, no budget amendment is recommended. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services covering the term July 1, 2009 through June 30, 2011 with the City of Pontiac which has been signed by its authorized signatories. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this contract. BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the concerned unit of government as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF PONTIAC (real and personal property services) This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF PONTIAC (hereafter, this "Contract") is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the CITY OF PONTIAC, a Michigan Constitutional and Municipal Corporation whose address is 47450 Woodward Avenue, Pontiac, Michigan 48342-2271 (hereafter, the "Municipality"). In this Contract, either the County and/or the Municipality may also be referred to individually as a "Party" or jointly as "Parties.” INTRODUCTORY STATEMENTS 741 Commissioners Minutes Continued. October 29, 2009 A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including, but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to perform real and personal property tax appraisals and assessments for all nonexempt real and personal property located within the geographic boundaries of the Municipality for the purpose of levying State and local property taxes. B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of the State Tax Commission mandating the County to perform all or some of the property tax appraisal and tax assessment responsibilities for real and/or personal property located within the Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide these Services to or for the Municipality. C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of Commissioners, through the Equalization Division may furnish assistance to local assessing officers in the performance of certain of these legally mandated, Municipality, property appraisal and assessment responsibilities. D. The Municipality has requested the County's Equalization Division assistance in performing the “Equalization Division Assistance Services" (as described and defined in this Contract) and has agreed in return to reimburse the County as provided for in this Contract. E. The County has determined that it has sufficient "Equalization Division Personnel," as defined herein, possessing the requisite knowledge and expertise and is agreeable to assisting the Municipality by providing the requested “Equalization Division Assistance Services" under the terms and conditions of this Contract. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows: §1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”, "Party" and "Parties", and “State”), the Parties agree that the following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall, be defined and interpreted as follows: 1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or "County Agents" shall also include any person who was a County Agent anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and serving as a County Agent. 1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific subset of, and included as part of the larger group of County Agents as defined above, and shall be further defined as any and all County Agents specifically employed and assigned by the County to work in the Equalization Division of the County’s Department of Management and Budget as shown in the current County budget and/or personnel records of the County. For any and all purposes in this Contract, any reference to County Agents shall also include within that term any and all Equalization Division Personnel, but any reference in this contract to Equalization Division Personnel shall not include any County Agent employed by the County in any other function, capacity or organizational unit of the County other than the Equalization Division of the Department of Management and Budget. 1.3. "Municipality Agent" or "Municipality Agents",
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