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HomeMy WebLinkAboutMinutes - 2010.11.18 - 71061136 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES November 18, 2010 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:35 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (24) EXCUSED ABSENCE WITH NOTICE: None. (0) ABSENT. (0) Quorum present. Invocation given by Brad Jacobsen. Pledge of Allegiance to the Flag. Moved by Middleton supported by Schwartz the minutes of the November 3, 2010 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. A sufficient majority having voted opposed, the agenda as printed Failed. Discussion followed. Moved by Schwartz supported by Coulter motion to amend agenda as follows: ADD ITEM NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE REPORT Board of Commissioners – Appointment to the Michigan Department of Human Services-Oakland County Agency Board. Vote on motion to amend, agenda: AYES: Burns, Capello, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Schwartz, Woodward, Zack. (13) NAYS: Bullard, Gingell, Gosselin, Jacobsen, Long, Middleton, Nash, Potts, Runestad, Scott, Taub. (10) Motion carried. Commissioners Minutes Continued. November 18, 2010 1137 A sufficient majority having voted in favor, the motion to amend, agenda was approved. Move by Schwartz supported by Coulter the agenda as amended be adopted. Vote on agenda, as amended AYES: Burns, Capello, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Schwartz, Woodward, Zack. (13) NAYS: Bullard, Gingell, Gosselin, Jacobsen, Long, Middleton, Nash, Potts, Runestad, Scott, Taub. (10) A sufficient majority having voted in favor, the agenda, as amended was adopted. Oakland County Volunteer of Claims Review Committee – Gordon A. Snavely presented a presentation. Chairperson Bill Bullard, Jr. introduced Corporation Counsel, Judy Cunningham to present a proclamation to honor Gordon Snavely for his 25 years of dedication, leadership, extraordinary voluntary contributions and unparalleled service to Oakland County as a volunteer on the Claims Review Committee. County Executive, L. Brooks Patterson, Chairperson, Bill Bullard Jr., addressed the Board regarding the Proclamation presented to Gordon Snavely. Claims Review Committee – Gordon A. Snavely addressed the Board and introduced his wife JoAnn Snavely. Commissioner Eric Coleman presented a proclamation honoring Charles Kaye for his exceptional service as a former Army Solider and translator, who as a member of the “Greatest Generation” helped save democracy and humanity defeating fascism and the evil system of Nazi of Dictator Adolf Hitler during World War II. Chairperson Bill Bullard, Jr. presented an Achievement Award to the Board of Commission Community Liaison, Julia Ruffin for her dedicated 10 years of service. The Board of Commission Community Liaison, Julia Ruffin addressed the Board. Commissioner Mattie Hatchett addressed the Board. 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 4800 Lapeer Road Project. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed. Deputy County Clerk, Mike Senyko read a communication from Chairperson Bill Bullard, Jr. appointing Judge Kelley Kostin to replace Judge Phyllis McMillen on the Community Corrections Advisory Board to fill the District Court vacancy for a term ending October 31, 2012, and communication from Peters S. Walter – Chairman of the Board of Metropark who is resigning from the Metroparks effective January 11, 2011. The following people addressed the board during public comment: Marcell Richardson, Angela Munroe, Mary Pietla, City of Pontiac Sergeant, Josephine Fagan, and Commissioner Helaine Zack. Moved by Middleton supported by Nash 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 1158. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): Commissioners Minutes Continued. November 18, 2010 1138 REPORT (MISC. #10300) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HEALTH AND HUMAN SERVICES – CHILDREN’S VILLAGE 2010-2011 FRESH FRUIT AND VEGETABLE PROGRAM GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on November 10, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #10300 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE DIVISION – 2010/2011 FRESH FRUIT AND VEGETABLE PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Education (MDE), has awarded the Oakland County Children’s Village Division funding in the amount of $1,749.00; and WHEREAS this amount will fund the purchase and provision of fresh fruits and vegetables to Kindergarten through Sixth Grade students in the self-contained Children’s Village School classroom each day that class is in session; and WHEREAS the Fresh Fruit and Vegetable Program operates through the USDA National School Lunch Program; and WHEREAS this funding is for the period of October 1, 2010 through June 30, 2011; and WHEREAS the award acceptance has been submitted through the County Executive Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the State of Michigan, Department of Education, Fresh Fruit and Vegetable Program grant award of $1,749.00. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. BE IT FURTHER RESOLVED that the future level of service, including personnel, is contingent upon the level of funding for this program. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign-Off – Children’s Village on file in County Clerk’s office. FISCAL NOTE (MISC. #10300) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN – SERVICES/CHILDREN’S VILLAGE 2010-2011 FRESH FRUIT AND VEGETABLE PROGRAM GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Michigan Department of Education (MDE) has awarded the Oakland County Children’s Village Division funding in the amount of $1,749. 2. The Fresh Fruit and Vegetable Program operates through the National School Lunch Program. This agreement provides for the purchase and provision of fresh fruits and vegetables to enrolled self-contained residents, grades K-6, at the Children’s Village School classroom each day that class is in session. Commissioners Minutes Continued. November 18, 2010 1139 3. This award also allows for up to 10% Administrative costs, which may include labor costs for food preparation. 4. Funding period is October 1, 2010 thru June 30, 2011. 5. There is no county match or additional positions required. 6. The Fiscal Year 2011 budget is amended as specified below: CHILD CARE GRANTS Fund #28010 Bud Ref 2011/GR0000000499 Revenue: 1060501-112195-610313 Federal Operating Grants $1,749 Total Revenue $1,749 Expenses: 1060501-112195-702010 Salaries $ 175 1060501-112195-750462 Provisions $1,574 Total Expenses $1,749 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 1158.) MISCELLANEOUS RESOLUTION #10291 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER – OAKLAND COUNTY HIGHLAND TOWNSHIP WELL WATER SUPPLY SYSTEM BOND RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Highland (the “Township”) and the County of Oakland (the “County”) have entered into the Oakland County Highland Township Well Water Supply System Contract dated as of October 1, 2009 (the "Contract"), pursuant to the provisions of Act 342, Public Acts of Michigan, 1939, as amended (“Act 342), and especially Sections 5a, 5b and 5c thereof with respect to the acquisition, construction, and financing of facilities constituting the Oakland County Highland Township Well Water Supply System (the "Project"); and WHEREAS an estimate of the cost of the Project in the amount of $1,200,000 has been prepared and has been approved by the Board of Commissioners of the County; and WHEREAS this Board of Commissioners desires to proceed with the acquisition, construction and financing of the Project and the issuance of Bonds of the County in an aggregate principal amount of not to exceed $1,200,000 to defray all or part of the cost of the Project. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: DEFINITIONS Unless the context otherwise requires, the terms defined in this Section 1 shall, for all purposes of this Bond Resolution and the recitals herein, have the following meanings: “Act 34” means Act No. 34, Public Acts of Michigan, 2001, as amended. “ARRA” means the American Recovery and Reinvestment Act of 2009, being Public Law #111-5, #123 Stat. #115 (2009), enacted on February 17, 2009 by the Congress of the United States. “Bond Registrar and Paying Agent” means the bond registrar and paying agent appointed pursuant to Section 7 hereof. “Bond Resolution” means this resolution, as it may be amended and supplemented from time to time in accordance with the terms hereof. “Bonds” means the County's Oakland County Highland Township Well Water Supply System Bonds, Series 2010 authorized by Sections 2 and 3 of this Bond Resolution. “Build America Bonds” means Bonds that meet the definition of a “build America bond” in Section 54AA(d) of the Code and the definition of a “qualified bond” under Section 54AA(g)(2) of the Code and for which the County will be allowed a Refundable Credit, all as authorized by Section 1531, Title 1 of Division B of ARRA. “Code” means the Internal Revenue Code of 1986, as amended. Commissioners Minutes Continued. November 18, 2010 1140 “Construction Fund” means the fund described in Section 14 of this Bond Resolution. “County” means the County of Oakland, Michigan. "County Agency" means the Water Resources Commissioner as County Agency pursuant to Act 342. “DTC” means The Depository Trust Company, New York, New York. “Interest Payment Date” means each date or dates set forth in a Sale Order on which interest shall be payable on the Bonds. “Letter of Representations” means the Blanket Issuer Letter of Representations between the County and DTC. “Principal and Interest Fund” means the fund established pursuant to Section 13 of this Bond Resolution. “Recovery Zone Economic Development Bonds” means Build America Bonds that meet the definition of a “recovery zone economic development bond” in Section 1400U-2 of the Code and for which the County will be allowed a Refundable Credit, all as authorized by Section 1400U-2 of the Code. “Redemption Price” means, with respect to any Bond, the principal amount thereof, plus the applicable premium, if any, payable upon redemption thereof pursuant to this Bond Resolution. “Refundable Credit” means with respect to Recovery Zone Economic Development Bonds, an amount equal to 45 percent of the interest due on the Recovery Zone Economic Development Bonds on each Interest Payment Date, to be paid to the County by the United States Department of Treasury in accordance with Sections 1400U-2 and 6431 of the Code. “Sale Order” means the written order of the County Agency, approving the sale of the Bonds and making certain determinations regarding the final terms thereof within the parameters of this Bond Resolution. “Tax-Exempt Bonds” means Bonds the interest on which is excluded from gross income for federal income tax purposes. AUTHORIZATION OF BONDS – PURPOSE Bonds of the County aggregating the principal sum of not to exceed One Million Two Hundred Thousand Dollars ($1,200,000) shall be issued and sold pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of defraying all or part of the cost of the Project. BOND DETAILS The Bonds shall be designated "Oakland County Highland Township Well Water Supply System Bonds, Series 2010," shall be dated as of the date approved by the County Agency; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 7% per annum as shall be determined by the County Agency at the time of sale; shall be payable as to interest on such dates as shall be determined by the County Agency; and shall be serial bonds and/or term bonds and mature in such amounts, on such dates and in such years as shall be determined by the County Agency, provided, however, that the final maturity shall not be later than November 1, 2030. PAYMENT OF PRINCIPAL AND INTEREST The principal of and interest on the Bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the Bonds to the Bond Registrar and Paying Agent as they severally mature. Interest shall be paid to the registered owner of each Bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the Bond Registrar and Paying Agent to the registered owner at the registered address. BOOK-ENTRY SYSTEM If requested by the purchaser, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be initially issued in the name of Cede & Co., as nominee of DTC for the benefit of other parties (the "Participants") in the book-entry-only transfer system of DTC. In the event the County determines that it is in the best interest of the County not to continue the book-entry system of transfer or that the interests of the holders of the Bonds might be adversely affected if the book-entry system of transfer is continued, the County may notify DTC and the Bond Registrar and Paying Agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the Bond Registrar and Paying Agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by Commissioners Minutes Continued. November 18, 2010 1141 giving notice to the County and the Bond Registrar and Paying Agent and discharging its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County and the Bond Registrar and Paying Agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Bond Resolution. In the event bond certificates are issued, the provisions of this Bond Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the County and the Bond Registrar and Paying Agent to do so, the County and the Bond Registrar and Paying Agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the Bonds to any Participant having Bonds certified to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the Bonds. Notwithstanding any other provision of this Bond Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on such Bonds and all notices with respect to the Bonds shall be made and given, respectively, to DTC as provided in the Letter of Representations relating to the Bonds. The County Treasurer and the County Agency are each authorized to sign the Letter of Representations on behalf of the County, in such form as such officer deems necessary or appropriate in order to accomplish the issuance of the Bonds in accordance with law and this Bond Resolution. OPTIONAL, MANDATORY AND EXTRAORDINARY REDEMPTION The Bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency at the time of sale. BOND REGISTRAR AND PAYING AGENT The County Treasurer shall designate, and may enter into an agreement with, a Bond Registrar and Paying Agent for the Bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer from time to time as required may designate a similarly qualified successor bond registrar and paying agent. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS The Bonds shall be executed in the name of the County by the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the Bond Registrar and Paying Agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the Bonds. After the Bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the Bond Registrar and Paying Agent for authentication and delivery in connection with the exchange or transfer of Bonds. The Bond Registrar and Paying Agent shall indicate on each Bond the date of its authentication. EXCHANGE AND TRANSFER OF BONDS Any Bond, upon surrender thereof to the Bond Registrar and Paying Agent with a written instrument of transfer satisfactory to the Bond Registrar and Paying Agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for Bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered Bond. Each Bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the Bond Registrar and Paying Agent, upon surrender of such Bond together with a written instrument of transfer satisfactory to the Bond Registrar and Paying Agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the Bond Registrar and Paying Agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount Commissioners Minutes Continued. November 18, 2010 1142 and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the Bond Registrar and Paying Agent authenticates and delivers a new bond pursuant to this section, payment of interest on the Bonds is in default, the Bond Registrar and Paying Agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is [insert applicable date]." The County and the Bond Registrar and Paying Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the County as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such Bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 4 of this Bond Resolution shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the County nor the Bond Registrar and Paying Agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the Bond Registrar and Paying Agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of Bonds, the County or the Bond Registrar and Paying Agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The Bond Registrar and Paying Agent shall not be required to transfer or exchange Bonds or portions of Bonds which have been selected for redemption. FORM OF BONDS The Bonds shall be in substantially the following form, with such additions, deletions and modifications as are approved by the County Agency and consistent with the terms of this Bond Resolution: [FORM OF BOND] UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY HIGHLAND TOWNSHIP WELL WATER SUPPLY SYSTEM BOND, SERIES 2010 INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at ____________________________________________ in the city of _______________, Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the Date of Original Issue or such later date through which interest shall have been paid until the County's obligation with respect to the payment of such Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first day of _________ and ________ in each year, commencing Commissioners Minutes Continued. November 18, 2010 1143 ____________ 1, 200_. Principal and interest are payable in lawful money of the United States of America. Interest shall be computed on the basis of a 360 day year of twelve 30-day months. This bond is one of a series of bonds aggregating the principal sum of _______________________________ Dollars ($_________) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution") for the purpose of defraying part of the cost of acquiring and constructing water supply system facilities to serve the County and the Charter Township of Highland (the “Township”). The bonds of this series are issued in anticipation of payments to be made by the Township, in the aggregate principal amount of ___________________________ Dollars ($________), pursuant to a contract between the County and the Township. The full faith and credit of the Township have been pledged to the prompt payment of the foregoing amount and the interest thereon as the same become due. As additional security the full faith and credit of the County have been pledged for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied by the Township and the County to pay the principal of and interest on the bonds of this series are subject to constitutional and statutory tax limitations. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefore as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. MANDATORY PRIOR REDEMPTION Bonds maturing in the year ____ are subject to mandatory prior redemption at par and accrued interest as follows: Redemption Date Principal Amount of Bonds to be Redeemed Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot. (REPEAT IF MORE THAN ONE TERM BOND) OPTIONAL PRIOR REDEMPTION Bonds maturing prior to ________ 1, 200_, are not subject to redemption prior to maturity. Bonds maturing on and after ________ 1, 200_, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after ________ 1, 200_. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows: __% of the par value of each bond called for redemption on or after ________ 1, 200_, but prior to ________ 1, 200_; Commissioners Minutes Continued. November 18, 2010 1144 __% of the par value of each bond called for redemption on or after ________ 1, 200_, but prior to ________ 1, 200_; No premium if called for redemption on or after ________ 1, 200_. Not less than thirty days' nor more than sixty days' notice of redemption shall be given to the holders of bonds called to be redeemed by mail to the registered holder at the registered address. Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND By: Chairperson, Board of Commissioners [SEAL] And: County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints ______________________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: ____________________ __________________________________________ Signature Guaranteed: __________________________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. Commissioners Minutes Continued. November 18, 2010 1145 [END OF BOND FORM] SECURITY The Bonds shall be issued in anticipation of payments to be made by the Township pursuant to the Contract. The Bonds shall be secured primarily by the full faith and credit pledge made by the Township in the Contract pursuant to the authorization contained in Act 342, and, if all or any part of the Bonds are designated as Recovery Zone Economic Development Bonds, the Refundable Credit related to such Bonds. As additional and secondary security the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the Bonds as the same shall become due. If the Township shall fail to make a payment to the County which is sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. Taxes imposed by the County shall be subject to constitutional and statutory limitations. DEFEASANCE In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of, premium, if any, and interest on the Bonds, or any portion thereof, shall have been deposited in trust, this Resolution shall be defeased with respect to such Bonds, and the owners of the Bonds shall have no further rights under this Bond Resolution except to receive payment of the principal of, premium, if any, and interest on such Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange Bonds as provided herein. PRINCIPAL AND INTEREST FUND. There shall be established for the Bonds a Principal and Interest Fund which shall be kept in a separate bank account, provided, however, that such Principal and Interest Fund may be pooled or combined for deposit or investment purposes with other debt retirement funds created for nonvoted debt of the County (other than any special assessment debt). From the proceeds of the sale of the Bonds there shall be set aside in the Principal and Interest Fund such premium as determined by the County Agency and accrued interest received from the purchaser of the Bonds at the time of delivery of the same. All payments received from the Township pursuant to the Contract are pledged for payment of the principal of and interest on the Bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. CONSTRUCTION FUND The remainder of the proceeds of the sale of the Bonds shall be set aside in a construction fund for the Project and used to defray the cost of the Project in accordance with the provisions of the Contract. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY – EXCEPTION FROM PRIOR APPROVAL The issuance and sale of the Bonds shall be subject to the County obtaining qualified status or prior approval from the Department of Treasury of the State of Michigan pursuant to Act 34 and, if necessary, the County Treasurer and County Agency are each hereby authorized and directed to make application to the Department of Treasury for approval to issue and sell the Bonds as provided by the terms of this Bond Resolution and by Act 34. The County Treasurer and County Agency are authorized to pay any filing fees required in connection with obtaining qualified status or prior approval from the Department of Treasury. The County Treasurer and County Agency are further authorized to request such waivers of the requirements of the Department of Treasury or Act 34 as necessary or desirable in connection with the sale of the Bonds. Commissioners Minutes Continued. November 18, 2010 1146 SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS (a) The County Agency shall determine the principal amount of the Bonds to be sold and shall determine the other bond details as described in Sections 3 and 6 hereof and any premium to be set aside in the Principal and Interest Fund as described in Section 13 hereof. In addition, in order to save the cost of publication of an Official Notice of Sale and enable the Bonds to be issued as Recovery Zone Economic Development Bonds, the County hereby determines that it will sell the Bonds at a negotiated sale after solicitation of interest from prospective purchasers by its financial consultant, ACI Finance, Inc. (the "Financial Consultant"). The Financial Consultant is authorized to solicit interest from not less than 10 financial institutions and to circulate a solicitation of interest at least seven days prior to the date fixed for receipt of responses to the solicitation. The Financial Consultant is hereby designated to act for and on behalf of the County to receive responses for the purchase of the Bonds and to take all other steps necessary in connection with the sale and delivery thereof. The actions taken by the Financial Consultant and the County Agency in connection with the solicitation of interest to the date of adoption of this Bond Resolution are hereby ratified and confirmed. The Sale Order shall be executed by the County Agency at the time of the sale of the Bonds and shall set forth the principal amount, principal maturities and payment dates, interest rates and Interest Payment Dates, and redemption provisions, if any, with respect to the Bonds, the purchase price to be paid by the purchaser, compensation to be paid to the purchaser, if any, and designation as Tax-Exempt Bonds and/or Recovery Zone Economic Development Bonds, as the case may be, as well as such other provisions as the County Agency determines to be necessary or appropriate in connection with the sale of the Bonds. In making the determination in the Sale Order with respect to principal maturities and dates, redemption provisions, purchase price of the Bonds, compensation to be paid to the Underwriter, if any, and designation of the Bonds as either Tax-Exempt Bonds or Recovery Zone Economic Development Bonds, or some combination thereof, the County Agency shall be limited as follows: (1) The interest rate on any Tax-Exempt Bonds shall not exceed 7% per annum and on any Recovery Zone Economic Development Bonds shall not exceed 9% per annum. (2) The final maturity date of the Bonds shall be no later than November 1, 2030. (3) The purchase price of the Bonds shall not be less than 98.5% of the principal amount thereof. (4) The County Agency is authorized to designate all or any part of the Bonds as Recovery Zone Economic Development Bonds, as provided in Sections 54AA and 1400U-2 of the Code, if he determines that such designation is economic and in the best interests of the County. (b) The County Agency, the County Treasurer, the County Clerk and other County officials and employees are hereby authorized to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the Bonds in accordance with the provisions of this Bond Resolution. REPLACEMENT OF BONDS Upon receipt by the County Treasurer of proof of ownership of an unmatured bond, of satisfactory evidence that the bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with applicable law and is satisfactory to the County Treasurer, the County Treasurer may authorize the Bond Registrar and Paying Agent to deliver a new executed bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the Bond Registrar and Paying Agent to pay the bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The Bond Registrar and Paying Agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the Bond Registrar and Paying Agent and the County in the premises. Any bond delivered pursuant the provisions of this Section 17 in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered. Commissioners Minutes Continued. November 18, 2010 1147 OFFICIAL STATEMENT The County Agency and the County Treasurer are each authorized to cause the preparation of an official statement for the Bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the award of the Bonds, the County will provide copies of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. CONTINUING DISCLOSURE The County Treasurer is authorized to execute a certificate of the County, constituting an undertaking to provide ongoing disclosure about the County for the benefit of the holders of the Bonds as required under paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. TAX COVENANT (a) The County covenants to comply with all requirements of the Code necessary to assure that the interest on the Tax-Exempt Bonds, if any, will be and will remain excludable from gross income for federal income tax purposes. The County Agency, the County Treasurer and other appropriate County officials are authorized to do all things necessary to assure that the interest on the Tax-Exempt Bonds, if any, will be and will remain excludable from gross income for federal income tax purposes. (b) The County Agency and the County Treasurer are each authorized to make any tax covenants on behalf of the County in connection with the issuance of Recovery Zone Economic Development Bonds, if any, that are determined to be in the best interests of the County and necessary for the County to receive any Refundable Credit related to such Bonds. The County Agency, the County Treasurer and other appropriate County officials are authorized to do all things necessary to assure compliance with any such covenants. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE If the County Agency shall determine that it is not necessary to sell Bonds in the principal amount stated in Section 2 of this Bond Resolution, the County Agency by written order may reduce the principal amount of Bonds to be sold to that amount deemed necessary. CONFLICTING RESOLUTIONS All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Planning & Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Water System Interconnection Contract No. 1 Highland Township Estimate of Project Cost Based on Bids Received October 7, 2010 on file in County Clerk’s office. FISCAL NOTE (MISC. #10291) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - OAKLAND COUNTY HIGHLAND TOWNSHIP WELL WATER SUPPLY SYSTEM BOND RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: Commissioners Minutes Continued. November 18, 2010 1148 1. The Resolution is requesting that the Board of Commissioners pledge the full faith and credit of the County of Oakland for the payment of principal and interest on the Oakland County Highland Township Well Water Supply System Bonds, Series 2010. 2. The bond issue is not to exceed $1,200,000 and is to be used for constructing the facilities constituting the Oakland County Highland Township Well Water Supply System. 3. The Bonds shall be classified as Tax Exempt Bonds or Recovery Zone Economic Development Bonds, or some combination thereof. The Tax Exempt Bonds interest rate shall not exceed 7% per annum; the Recovery Zone Economic Development Bonds interest rate shall not exceed 9% per annum. 4. The Bonds shall be issued in multiple series, will be in aggregate principal amounts of $5,000 or any integral multiple thereof, will mature in such years and principal amounts and will be callable prior to maturity as determined necessary by the County Agency. 5. It has been decided that a traditional tax-exempt issue will be pursued as it has been determined that Recovery Zone Economic Development Bonds will not be beneficial in this case. 6. The statutory limit for County debt is $5,774,507,651 (10% of State Equalized Value). As of October 29, 2010, the total pledged debt is $309,146,709 or approximately 0.53536% of the S.E.V. 7. The estimated project cost of $1,200,000 will be 100% apportioned to the Charter Township of Highland and the Township of Highland will be responsible for all debt payments. 8. The Township of Highland will pay for the bonds through connection fees and/or service fees from customers using the system. 9. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 1158.) MISCELLANEOUS RESOLUTION #10301 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER – BLOOMFIELD TOWNSHIP CSO DRAINAGE DISTRICT DRAIN BONDS – FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS the Drainage Board for the Bloomfield Township CSO Drainage District, by resolution adopted on October 19, 2010, authorized and provided for the issuance by the Bloomfield Township CSO Drainage District of its Drain Bonds, Series 2010 (the "Bonds") in the aggregate principal amount of not to exceed $5,000,000 to defray part of the cost of the Bloomfield Township CSO Drain Rehabilitation Project; and WHEREAS the Bonds will be dated as of such date, will, in the case of Tax-Exempt Bonds, bear interest at such rates not to exceed 6% per annum, or, in the case of Recovery Zone Economic Development Bonds, at such rates not to exceed 8% per annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and will be subject to redemption prior to maturity as shall be determined at the time of sale by the Oakland County Water Resources Commissioner as Chairman of the Drainage Board for the Bloomfield Township CSO Drainage District; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of and interest on the Bonds (the "Bonds"); and WHEREAS the Bloomfield Township CSO Drain Rehabilitation Project is necessary to protect and preserve the public health and, therefore, it is in the best interests of the County that the Bonds be sold. NOW THEREFORE BE IT RESOLVED: 1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Bonds, and agrees that, in the event the Charter Township of Bloomfield or the County shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. Commissioners Minutes Continued. November 18, 2010 1149 2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of County funds all or any part of an installment and Interest, it shall be the duty of the County Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. The County Treasurer or the financial consultant, Municipal Financial Consultants Incorporated, is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County an Application for State Treasurer's Approval to Issue Bonds with respect to the Bonds. 4. The County Treasurer is authorized to approve the circulation of a nearly final and final official statement for the Bonds, to cause the preparation of those portions of the nearly final and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Bonds. 5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #10301) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - BLOOMFIELD TOWNSHIP CSO DRAINAGE DISTRICT DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Drainage Board for the Bloomfield Township CSO Drainage District is requesting that the Board of Commissioners pledge the full faith and credit of the County of Oakland for the payment of principal and interest on the Bloomfield Township CSO Drainage District Drain Bonds, Series 2010 pursuant to the Drain Code of 1956 as amended. 2. The bond issue is not to exceed $5,000,000 and is to be used to defray the cost of rehabilitating the Bloomfield Township CSO Drain. 3. The Bonds shall be classified as Tax Exempt Bonds or Recovery Zone Economic Development Bonds, or some combination thereof, the Tax Exempt Bonds interest rate shall not exceed 6% per annum, and the Recovery Zone Economic Development Bonds interest rate shall not exceed 8% per annum. 4. The Bonds will be in aggregate principal amounts, will mature in such years and principal amounts and will be callable prior to maturity as determined necessary by the Oakland County Water Resources Commissioner as Chairman of the Drainage Board for the Bloomfield Township CSO Drainage District. 5. The statutory limit for County debt is $5,774,507,651 (10% of State Equalized Value). As of October 29, 2010, the total pledged debt is $309,146,709 or approximately 0.53536% of the S.E.V. 6. The estimated project cost of $5,000,000 will be apportioned to the following Public Corporations as follows with $3,835,900 or 76.718% to the Charter Township of Bloomfield and $1,164,100 or 23.282% to Oakland County for county roads. 7. The Charter Township of Bloomfield will pay for the bonds through a Special Assessment Roll for the Bloomfield Township CSO Drain. Commissioners Minutes Continued. November 18, 2010 1150 8. The Oakland County portion of the debt service payments is included in the Non-Departmental current drain assessments account. 9. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 1158.) MISCELLANEOUS RESOLUTION #10302 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - ACCEPTANCE OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FY 2009 EDI – SPECIAL PROJECTS GRANT AND AUTHORIZATION OF SUBRECIPIENT AGREEMENT WITH ALTAIR CLEAN TECHNOLOGY CENTER, LLC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Department of Housing and Urban Development (HUD) has awarded the Department of Economic Development and Community Affairs a Fiscal Year 2009 EDI – Special Projects grant in the amount of $380,000 beginning in 2010; and WHEREAS this is the first year of grant acceptance for this program; and WHEREAS no new positions are required to implement or administer this grant and there is no match requirement; and WHEREAS the grant funding will be used toward the renovation of a building to house an advanced manufacturing incubator as the centerpiece and first phase of a new private/public initiative titled “Southeast Michigan Advanced Energy Efficiency Center of Excellence”; and WHEREAS the Altair Clean Tech Center LLC will enter into a memorandum of agreement with Oakland County pertaining to this grant; and WHEREAS acceptance of the grant does not obligate the County to any future commitments; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2009 for an Economic Development Initiative (EDI) – Special Project grant from the United States Department of Housing and Urban Development (HUD) in the amount of $380,000. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the creation under this grant agreement of the Advanced Manufacturing Incubator, in a facility located at 164 Indusco Court, Troy, Michigan BE IT FURTHER RESOLVED that the subrecipient agreement with Altair Clean Tech Center LLC enables Oakland County to allocate grant funds to the subrecipient toward the renovation of a facility to implement the incubator project and to obligate the subrecipient to follow the requirements of the grant. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the grant agreement on behalf of Oakland County and to approve grant changes and extensions, within fifteen (15%) of the original award, which are consistent with the original agreement. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the subrecipient agreement on behalf of Oakland County with Altair Clean Tech Center LLC and to approve changes and extensions, within fifteen (15%) of the original agreement, which are consistent with the original agreement. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE Copy of Grant Review Sign Off – Economic Development and Community Affairs on file in County Clerk’s office. FISCAL NOTE (MISC. #10302) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – ACCEPTANCE OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FY 2009 EDI Commissioners Minutes Continued. November 18, 2010 1151 – SPECIAL PROJECTS GRANT AND AUTHORIZATION OF SUBRECIPIENT AGREEMENT WITH ALTAIR CLEAN TECHNOLOGY CENTER, LLC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes acceptance of federal grant funding in the amount of $380,000 from the U.S. Department of Housing and Urban Development (HUD) for the FY 2009 Economic Development Initiative – Special Projects Grant. 2. Grant funding will be used toward the renovation of a building to house an advanced manufacturing incubator as the centerpiece and first phase of a new private/public initiative titled “Southeast Michigan Advanced Energy Efficiency Center of Excellence”. 3. The grant award is the same amount as the application. 4. No County Match is required. 5. The funding period for the grant is October 1, 2008 to September 30, 2016. 6. A FY 2011 Budget amendment is recommended as follows: Economic Development Initiative – Special Projects Fund #29255 Project #GR0000000540 Revenue 1090201-171115-610313 Federal Operating Grants $380,000 Expenditure 1090201-171115-730373 Contracted Services $380,000 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 1158.) MISCELLANEOUS RESOLUTION #10303 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: FACILITIES MANAGEMENT/PLANNING AND ECONOMIC DEVELOPMENT - 2010 REGIONAL GREEN STREETS PROGRAM (RGSP) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Southeast Michigan Council of Governments (SEMCOG) has awarded the Department of Facilities Management and Planning & Economic Development Division grant funding in the amount of $100,000 for the period of September 1, 2010 through September 30, 2012; and WHEREAS this is a pass through of funds received by SEMCOG from the US Environmental Protection Agency as part of a larger grant award; and WHEREAS this is the first year of grant acceptance for this program; and WHEREAS this $100,000 grant funding requires $95,000 of in-kind match; and WHEREAS this grant is to be used to install landscape improvements on the Service Center Campus that will reduce storm water runoff; and WHEREAS no new staff positions will be required to implement or administer this grant; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from SEMCOG in the amount of $100,000 with a County in-kind match of $95,000, for the period of 9/1/2010 through 9/30/2012. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and that no special revenue positions are required for acceptance. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. November 18, 2010 1152 Copy of Grant Review Sign Off – Facilities Management/Planning & Economic Development on file in County Clerk’s office. FISCAL NOTE (MISC #10303) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/PLANNING AND ECONOMIC DEVELOPMENT – 2010 REGIONAL GREEN STREETS PROGRAM (RGSP) GRANT - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Southeast Michigan Council of Governments (SEMCOG) has awarded Facilities Management and Planning & Economic Development a $100,000 grant for the period September 1, 2010 through September 30, 2012. 2. The grant is a pass through of funds received by SEMCOG from the U.S. Environmental Protection Agency as part of a larger grant award. 3. The $100,000 grant requires a $95,000 grant match which will be met with allowable in-kind services from Facilities Management and Planning & Economic Development labor. 4. The grant will provide for landscape improvements on Oakland County Service Center Campus that will reduce storm water runoff; this includes construction approximately 2.5 acres of roadside bioswales/bioretention areas, 15.5 acres of grow zones and installing approximately 150 roadside trees. 5. There are no additional personnel costs required to implement or administer this grant. 6. The following budget amendment is recommended to record the grant award of $100,000: FY 2011 2010 Regional Green St Prog Grant Fund #29480 Proj ID GR0000000539, Activity ID EXP Revenues 1040725-140500-610313 Federal Operating Grants $100,000 Expenditures 1040725-140500-750224 Grounds Supplies $100,000 $ - 0- FINANCE COMMITTEE (The vote for this motion appears on page 1158.) REPORT MISC. #10293 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY, REVISIONS OF THE FY 2011, FY 2012 AND FY 2013 BUDGETS AND RELATED POSITION CHANGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #10293 on November 10, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #10293 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: PROSECUTING ATTORNEY - REVISIONS OF THE FY2011, FY2012, AND FY2013 BUDGETS AND RELATED POSITION CHANGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. November 18, 2010 1153 WHEREAS the Oakland County Executive assigned departmental budget tasks and declared a triennial budget plan for fiscal years 2011, 2012 and 2013; and WHEREAS the Prosecuting Attorney was assigned a FY 2011, 2012, and 2013 Budget Task; and WHEREAS the Prosecuting Attorney’s budget task included the deletion of certain positions, expenditure reductions, and revenue increases; and WHEREAS the Prosecuting Attorney’s Office has revised its FY 2011, 2012, and 2013 budget task plan due to a reduction of revenue activity; and WHEREAS the revisions include deletion of one (1) vacant GF/GP full-time eligible (FTE) Victim Advocate position in the Litigation division (4010201-07182), deletion of one (1) GF/GP FTE Victim Services Supervisor position in the Administration division (4010101-08090), creation of a new classification of Victim Rights Supervisor at salary grade 10 (non-exempt overtime), and reclassification of one (1) Victim Rights Leader position in the Administration division (4010101-05784) to a Victim Rights Supervisor. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following position changes in the Prosecuting Attorney Department: 1. To delete two full-time eligible GFGP positions: Dept/Position Number Position Title Location 4010201-07182 Victim Advocate Litigation/Domestic Violence 4010101-08090 Victim Services Supv. Admin/Victim Services 2. To create a new classification of Victim Rights Supervisor at salary grade 10 and non-exempt overtime. 3. To upwardly reclassify one Victim Rights Leader (grade 9) position 4010101-05784 to Victim Rights Supervisor (grade 10). Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Request, Board/Committee Action, Proposed Funding, Overview, County Executive Recommendation, Pertinent Salaries 2011, Salary and Fringe Benefit Costs and Savings on file in County Clerk’s office. FISCAL NOTE (MISC. #10293) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY – REVISIONS OF THE FY 2011, FY 2012, AND FY 2013 BUDGETS AND RELATED POSITION CHANGES 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 FY 2011 – FY 2013 Budget included anticipated revenue to meet the Prosecuting Attorneys Budget Task Revised projections indicate less revenue will be collected. 2. Prosecuting Attorney’s Office has proposed increases to their revenue line items to meet their FY 2010, 2011, and 2012 budget tasks and offset declining revenue expectations. 3. The Prosecutor’s Office proposes to reduce its expense budget by deleting one (1) GF/GP FTE Victim Advocate (#4010201-122040-07182) and deleting one (1) GF/GP FTE Victim Services Supervisor (#4010101-135170-08090), to offset revenue reductions. 4. Also proposed is the creation of a new classification of Victim Rights Supervisor at salary grade 10 (overtime non-exempt) and to upwardly reclassify one (1) Victim Rights Leader position (grade 9 - #4010101-135170-05784) to Victim Rights Supervisor (grade 10). 5. Revenue reductions include ($80,000) from Reimbursements General (Account #631827), ($30,704) from Federal Operating Grants (Account #610313), and ($30,704) from State Operating Grants (Account #615571) revenue line items. 6. Revenue reductions in the Federal and State Operating Grants accounts reflect the anticipated revenues, and recognizes the extension of the DHS Title IV-E contract with the Michigan Department of Human Services. Commissioners Minutes Continued. November 18, 2010 1154 7. A budget amendment is recommended as follows: Amend Amend Amend GENERAL FUND (#10100) FY 2011 FY 2012 FY 2013 Revenues 4010101-122050-610313 Federal Oper. Grants ($ 30,704) ($ 30,704) ($ 30,704) 4010101-122050-615571 State Oper. Grants ($ 30,704) ($ 30,704) ($ 30,704) 4010101-122050-631827 Reimbursement General ($ 80,000) ($ 80,000) ($ 80,000) Total Revenues $ 141,408) ($141,408) ($141,408) Expenditures 4010101-135170-702010 Salaries ($ 50,690) ($ 50,690) ($ 50,690) 4010101-135170-722750 Workers Comp. ($ 629) ($ 629) ($ 629) 4010101-135170-722760 Group Life ($ 223) ($ 223) ($ 223) 4010101-135170-722770 Retirement ($16,992) ($ 16,992) ($ 16,992) 4010101-135170-722780 Hospitalization ($ 9,261) ($ 9,261) ($ 9,261) 4010101-135170-722790 Social Security ($ 3,878) ($ 3,878) ($ 3,878) 4010101-135170-722800 Dental ($ 849) ($ 849) ($ 849) 4010101-135170-722810 Disability ($ 157) ($ 157) ($ 157) 4010101-135170-722820 Unemployment Ins ($ 223) ($ 223) ($ 223) 4010101-135170-722850 Optical ($ 48) ($ 48) ($ 48) 4010201-122040-702010 Salaries ($35,949) ($ 35,949) ($ 35,949) 4010201-122040-722750 Workers Comp. ($ 446) ($ 446) ($ 446) 4010201-122040-722760 Group Life ($ 131) ($ 131) ($ 131) 4010201-122040-722770 Retirement ($12,029) ($ 12,029) ($ 12,029) 4010201-122040-722780 Hospitalization ($ 6,277) ($ 6,277) ($ 6,277) 4010201-122040-722790 Social Security ($ 2,750) ($ 2,750) ($ 2,750) 4010201-122040-722800 Dental ($ 575) ($ 575) ($ 575) 4010201-122040-722810 Disability ($ 111) ($ 111) ($ 111) 4010201-122040-722820 Unemployment Ins.($ 158) ($ 158) ($ 158) 4010201-122040-722850 Optical ($ 32) ($ 32) ($ 32) Total Expenditures ($141,408) ($141,408) ($141,408) FINANCE COMMITTEE (The vote for this motion appears on page 1158.) MISCELLANEOUS RESOLUTION #10294 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – ESTABLISHMENT OF JAIL BOARDING FEES – JANUARY 1, 2011 THROUGH DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #09258, the Oakland County Board of Commissioners established daily jail boarding fee rates of $105.26 for 2010; and WHEREAS by adoption of Miscellaneous Resolution #09258, the Board of Commissioners also continued the policy of not charging a daily jail boarding fee rate for the period 2010 for the housing of prisoners for local units of government within Oakland County; and WHEREAS cost to house prisoners at the Oakland County Jail for 2011 have been established by the attached schedule. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes jail boarding fee rates for the housing of out-of-County prisoners at the Oakland County Jail of $110.21 per day for 2011. BE IT FURTHER RESOLVED that the Board of Commissioners continues the policy of not charging a daily rate for the housing of prisoners at the Oakland County Jail for local units of government within Oakland County for the period January 1, 2011 through December 31, 2011. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. November 18, 2010 1155 Copy of 2011 Budget, Number of Inmates, Cost Per Inmate, Cost per Day on file in County Clerk’s office. FISCAL NOTE (MISC. #10294) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF JAIL BOARDING FEES - JANUARY 1, 2011 THROUGH DECEMBER 31, 2011 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. Miscellaneous Resolution #09258 established the Law Enforcement Services jail boarding fees for the period January 1, 2010 through December 31, 2010. 2. This resolution establishes Law Enforcement Services jail boarding fees for the twelve (12) month period January 1, 2011 through December 31, 2011. 3. The proposed Jail Boarding Fees are estimated at $110.21 per day for 2011, and continues the Board of Commissioners policy of not charging a daily rate for the housing of prisoners at the Oakland County Jail to local units of government within Oakland County. 4. No budget amendment is recommended at this time. FINANCE COMMITTEE (The vote for this motion appears on page 1158.) MISCELLANEOUS RESOLUTION #10304 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: PROSECUTING ATTORNEY – 2011 - 2013 TITLE IV-E CLIENT SERVICES CONTRACT PROFC (C-11-63001) – UNIT RATE – CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to and in compliance with MCL 712A.17(5), upon request of the Department of Human Services of the State of Michigan (DHS), “the prosecuting attorney shall serve as a legal consultant” to the DHS and the Oakland County Prosecuting Attorney does so serve as legal consultant to DHS; and WHEREAS DHS is required to comply with federal and state statutes governing investigation and placement of children (See, MCL 722.622, et seq and CFR Title 45) and the Prosecutor’s Office assists in that compliance, resulting in better outcomes for Oakland County families and better foster care case management; and WHEREAS the DHS desires to extend the contract agreement with the Oakland County Prosecuting Attorney to provide legal consultation regarding the abuse/neglect of children cases, court proceedings, establishment of protocol, petition information, and periodic strategy and training meetings with DHS staff; and WHEREAS the contract period of performance is identified as January 1, 2011 through December 31, 2013; and WHEREAS the DHS has established the maximum amounts that the Prosecutor’s Office may bill for legal services of $1,349,331 over the three contract years; the yearly not to exceed billable amount is $449,777 for each of the three years of the contract beginning January 1, 2011 through December 31, 2011; January 1, 2012 through December 31, 2012; and January 1, 2013 through December 31, 2013; and WHEREAS the contract will be funded through Title IV-E pass through funds; and WHEREAS the grant match requirement is met by the use of Title IV-E funding (50%) non-reimbursable portion of costs for legal representation of Department of Human Services staff, and DHS contract agency staff; and WHEREAS the existing staff at the Prosecutor’s Office that currently represents DHS will continue to do so under the contract, and no new staff or position changes are required; and WHEREAS the Prosecuting Attorney’s Office agrees with the contract for legal services with the DHS; and Commissioners Minutes Continued. November 18, 2010 1156 WHEREAS the contracted amounts are based upon the salaries and fringes of the staff assigned to the Prosecuting Attorney’s Juvenile Justice Unit; and WHEREAS because of the cooperation between the Prosecutor’s Office and DHS, families of Oakland County will benefit from better case investigations and court proceedings; and WHEREAS the financial benefit to the County will be continued revenue receipts to the County for the next 36 months without requiring any additional staffing or additional commitment of resources by the County; and WHEREAS this contract has been approved through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract extension agreement between Oakland County and DHS for the Prosecuting Attorney’s Office to provide legal consultation regarding the abuse/neglect of children cases, court proceedings, establishment of protocol, petition information and periodic strategy and training meetings with DHS staff. BE IT FURTHER RESOLVED that Oakland County is projected to receive maximum revenues of $1,349,331 over the three year time period of January 1, 2011 through December 31, 2013; with a yearly billable maximum of $449,777. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Prosecuting Attorney on file in County Clerk’s office. FISCAL NOTE (MISC. #10304) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY – 2011 - 2013 TITLE IV-E CLIENT SERVICES CONTRACT PROFC (C-11-63001) – UNIT RATE - CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Human Services (DHS) desires to extend the contract agreement with the Oakland County Office of Prosecuting Attorney to provide legal consultation regarding the abuse/neglect of children cases, court proceedings, establishment of protocol, petition information, and periodic strategy and training meetings with DHS staff for the period of January 1, 2011 through December 31, 2013. 2. With this contract extension there is a potential ability to generate a maximum of $1,349,331 in revenue over the three years, with a yearly not-to-exceed billable amount of $449,777, per the agreement with DHS. However, collection of the revenue has been less than anticipated due to unanticipated compliance issues, which the Prosecutor’s Office is working on with the Department of Human Services to rectify. 3. The contract will be funded via Title IV-E pass through funds. 4. No County match is required, as the grant match requirement will be met by the use of Title IV-E funding (50%) non-reimbursable portion of costs for legal representation from the Department of Human Services staff and DHS contract agency staff. 5. Existing staff at the Prosecutor’s Office that currently represents DHS will continue to do so under this contract. Therefore, no additional staff or commitment of other resources by the County is necessary. 6. A budget amendment will be presented with the Prosecuting Attorney’s Victim Services Reorganization and Deletion of Positions requests, which is concurrently being considered for BOC approval. FINANCE COMMITTEE (The vote for this motion appears on page 1158.) Commissioners Minutes Continued. November 18, 2010 1157 MISCELLANEOUS RESOLUTION #10305 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2011 SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office applied to the Michigan Department of State Police - Office of Highway Safety Planning for $845,900 in grant funding from Public Act 416 to conduct secondary road patrol activities for the period October 1, 2010 through September 30, 2011; and WHEREAS the Michigan Department of State Police - Office of Highway Safety Planning has awarded Oakland County with a grant in the amount of $845,900, which is a decrease of $109,967 from the Fiscal Year 2010 award; and WHEREAS this is 32nd year for the Secondary Road Patrol and Traffic Accident Prevention Program Grant award; and WHEREAS the grant provides continuation funding for six (6) SR full time eligible FTE Deputy II positions (#4030601-110010-01539, #02572, #02957, #03114, #07501 and #09191) and one (1) SR FTE Sergeant position (#4030601-110010-07790) located in the Patrol Services Division; and WHEREAS with this grant acceptance one (1) SR FTE Sergeant position (#4030601-110010-09982) will be deleted; and WHEREAS no county match or additional positions are required; and WHEREAS this grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Fiscal Year 2011 Secondary Road Patrol Grant award from the Michigan Department of State Police - Office of Highway Safety Planning in the amount of $845,900 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that one (1) SR FTE Sergeant position (#4030601-110010 #09982) be deleted in the Traffic Unit/Patrol Division/Sheriff’s Office. BE IT FURTHER RESOLVED that six (6) SR (FTE) Deputy II positions (#4030601-110010-01539, #02572, #02957, #03114, #07501 and #09191) and one (1) SR FTE Sergeant position (#4030601- 110010-07790) be continued in the Traffic Unit/Patrol Division/Sheriff’s Office. BE IT FURTHER RESOLVED that the continuation of this program and associated positions are contingent upon future levels of grant program funding. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office on file in County Clerk’s office. FISCAL NOTE (MISC. #10305) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - FISCAL YEAR 2011 SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of State Police - Office of Highway Safety Planning awarded Oakland County a grant in the amount of $845,900 for the period October 1, 2010 through September 30, 2011. This is the 32nd year of grant funding. 2. The award represents a $109,967 decrease from the Fiscal Year 2010 award of $955,867. 3. The grant provides funding for six (6) Deputy II positions (#4030601-110010-01539, #02572, #02957, #03114, #07501, and #09191) and one (1) Sergeant Positions (#4030601-110010- 07790,) located in the Patrol Services Division. 4. With this acceptance one (1) Sergeant Position (#4030601-110010-09982) located in the Patrol Services Division is to be deleted. Commissioners Minutes Continued. November 18, 2010 1158 5. No County match is required. 6. Fiscal Year 2011 Special Revenue Budget is amended as follows: FY 2011 FY 2011 FY 2011 GRANT FUND #27345 Adopted Adjustment Amended Project GR#0000000142, Activity A, Analysis Type GLB Revenue 4030601-110010-615571 Grants State $ 955,867 ($ 109,967) $ 845,900 Total Grant Fund Revenue $ 955,867 ($ 109,967) $ 845,900 Expenditures 4030601-110010-702010 Salaries Regular $ 536,897 ($ 71,697) $ 465,200 4030601-110010-722740 Fringe Benefits $ 7,700 ($ 7,700) $ 0 4030601-110010-722750 Workers Comp $ 13,652 $ 3 $ 13,655 4030601-110010-722760 Group Life $ 1,870 $ 440 $ 2,310 4030601-110010-722770 Retirement $ 156,653 $ 19,079 $ 175,732 4030601-110010-722780 Hospitalization $ 84,917 ($ 71,930) $ 12,987 4030601-110010-722790 Social Security $ 40,072 $ 106 $ 40,178 4030601-110010-722800 Dental $ 7,357 ($ 2,424) $ 4,933 4030601-110010-722810 Disability $ 1,992 ($ 364) $ 1,628 4030601-110010-722820 Unemployment In $ 1,046 $ 1,264 $ 2,310 4030601-110010-722850 Optical $ 441 $ 32 $ 473 4030601-110010-712020 Overtime $ 21,401 $ 38,599 $ 60,000 4030601-110010-776661 Motor Pool $ 69,869 ($ 13,121) $ 56,748 4030601-110010-776659 Motor Pool Fuel $ 12,000 ($ 2,254) $ 9,746 Total Grant Fund Expenditures $ 955,867 ($ 109,967) $ 845,900 FINANCE COMMITTEE Vote on Consent Agenda: AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (24) NAYS: None. (0) Commissioner Middleton stated there were no items to report on the Regular Agenda for the Finance Committee. MISCELLANEOUS RESOLUTION #10306 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH & HUMAN SERVICES/HOMELAND SECURITY DIVISION – OUTDOOR WARNING SYSTEM EXPANSION – COMMERCE TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #7865, #7971, and #8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Outdoor Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS Commerce Township has executed the attached Interlocal Agreement; and WHEREAS Commerce Township has agreed to pay seventy-five percent of the total estimated cost of four sirens; and WHEREAS consistent with the attached Interlocal Agreement, Commerce Township agrees that Oakland County will retain ownership of the sirens and will be responsible for the maintenance and the electrical costs for said sirens purchased under this agreement. Commissioners Minutes Continued. November 18, 2010 1159 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to sign the attached severe Weather Warning System Interlocal Agreement with Commerce Township. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and Commerce Township. CHAIRPERSON, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE COMMERCE TOWNSHIP TORNADO SIREN BUDGET SUMMARY Purchase of four warning sirens: COMMERCE TOWNSHIP (75%) $69,000.00 OAKLAND COUNTY (25%) $23,000.00 TOTAL COST OF FOUR SIRENS: $92,000.00 Breakdown of siren costs: One Siren - Pole Mounted $17,500.00 Siren Model 2001 2-Way Siren Controls Batteries Cable Transformer, Rectifier Decoder Installation $5,500.00 Antenna Battery Warmers Total $23,000.00 each The above costs are based on quotes submitted by Federal Signal Corporation and West Shore Services. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Douglas stated there were no items to report on the Regular Agenda for the Human Resources Committee. REPORT BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE MICHIGAN DEPARTMENT OF HUMAN SERVICES-OAKLAND COUNTY AGENCY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered this appointment on November 8, 2010, hereby recommends that the names of applicants Mary Ann Jerge and Grenae Dudley-White be submitted to the Board of Commissioners for their consideration to fill one appointment to the Michigan Department of Human Services-Oakland County Agency Board for a three-year retro-active term of November 1, 2010 – October 31, 2013. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Long supported by Coulter the General Government Committee be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Bill Bullard, Jr. declared a brief recess. Commissioners Minutes Continued. November 18, 2010 1160 Discussion followed. Chairperson Bill Bullard, Jr. stated when the Clerk calls the roll you are to state whether you are voting for Mary Ann Jerge or Grenae Dudley-White. The vote for Michigan Department of Human Services – Oakland County Agency Board, reads as follows, listing the Commissioner and their selection in parenthesis: Coleman (Dudley-White), Coulter (Dudley-White), Douglas (Dudley-White), Gershenson (Dudley- White), Gingell (Dudley-White), Gosselin (Jerge), Greimel (Dudley-White), Hatchett (Dudley- White), Jackson (Dudley-White), Jacobsen (Jerge), Long (Jerge), McGillivray (Dudley-White), Middleton (Jerge), Nash (Dudley-White), Potts (Jerge), Runestad (Jerge), Schwartz (Dudley- White), Scott (Jerge), Taub (Jerge), Woodward (Dudley-White), Zack (Dudley-White), Bullard (Jerge), Burns (Dudley-White), Capello (Dudley-White). SUMMARY OF VOTES Member of Michigan Department of Human Services Mary Ann Jerge: (9) Grenae Dudley-White: (15) Moved by Long supported by Coulter the appointment of Grenae Dudley-White to the Michigan Department of Human Services – Oakland County Agency Board for a Three-Year Retro-Active Term of November 1, 2010 – October 31, 2013, be confirmed. A sufficient majority having voted in favor, the appointment of Grenae Dudley-White to the Michigan Department of Human Services – Oakland County Agency Board for a Three-Year Retro-Active Term of November 1, 2010 – October 31, 2013, was confirmed. MISCELLANEOUS RESOLUTION #10292 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH THE ROAD COMMISSION FOR OAKLAND COUNTY - TRAFFIC INFORMATION CENTER LOCATED IN THE INFORMATION TECHNOLOGY BUILDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #07020 of March 22, 2007, the Oakland County Board of Commissioners approved a second lease agreement between the County of Oakland and the Road Commission for Oakland County for use of approximately 6,540-square foot of office space in the basement of the Information Technology building for use as a Traffic Operations Center; and WHEREAS said lease will expire on July 31, 2011; and WHEREAS the Road Commission for Oakland County has requested that a new lease for an additional two year term be entered into by the parties; and WHEREAS the Department of Facilities Management, with the assistance of Corporation Counsel, has negotiated the terms and conditions of the attached new Lease with representatives of the Road Commission for Oakland County; and WHEREAS pursuant to the terms and conditions of said Lease the agreement provides for the continued use of approximately 6,540-square foot of office space in the basement of the Information Technology building from August 1, 2011 until July 31, 2013 at the rate of $14.36 per square foot with annual increases or decreases (based on County operation and maintenance costs). The Road Commission will continue to operate its Traffic Operations Center, utilize the IT computer room, training rooms, radio tower and fiber optic lines. Oakland County will continue to provide general maintenance of the building, janitorial services and utilities. WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Lease agreement and recommend its approval. Commissioners Minutes Continued. November 18, 2010 1161 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 the Road Commission for Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs it’s Chairperson or his designee to execute the attached Lease agreement and all other related documents which may be required between the County of Oakland and the Road Commission for Oakland County. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Lease Agreement between County of Oakland, A Michigan Municipal and Constitution Corporation Road Commission for Oakland County, A Public Body Corporate on file in County Clerk’s office. Moved by Scott supported by Coleman the resolution (with fiscal note attached) be adopted. Discussion followed. Moved by Greimel supported by Woodward the resolution be amended as follows: The resolution and the corresponding lease to charge the Road Commission $147, 218 in annual rent, which is the estimated cost to Oakland County to operate and maintain the leased space. Discussion followed. Vote on amendment: AYES: Coulter, Gershenson, Greimel, Hatchett, Jackson, Nash, Woodward, Zack, Burns, Coleman. (10) NAYS: Douglas, Gingell, Gosselin, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Schwartz, Scott, Taub, Bullard, Capello. (14) A sufficient majority having voted opposed, the amendment failed. Moved by Scott supported by Coleman the resolution (with fiscal note attached) be adopted. Vote on resolution: AYES: Douglas, Gingell, Gosselin, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter. (19) NAYS: Gershenson, Greimel, Hatchett, Jackson, Nash. (5) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. FISCAL NOTE (MISC #10292) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH THE ROAD COMMISSION FOR OAKLAND COUNTY – TRAFFIC INFORMATION CENTER LOCATED IN THE INFORMATION TECHNOLOGY BUILDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolutions and finds: 1. Pursuant to Miscellaneous Resolution #07020 a lease agreement between the County of Oakland and the Road Commission for Oakland County was approved for use of approximately 6,540 square feet of office space in the basement of the current lease expires on July 31, 2011. 2. The Road Commission for Oakland County has requested a new lease for an additional two year term. 3. The Department of Facilities Management with the assistance of Corporation Counsel has negotiated terms and conditions of the new lease with the Road Commission of Oakland County. Commissioners Minutes Continued. November 18, 2010 1162 4. The lease agreement provides for the continued use of approximately 6,540 square feet of office space in the Information Technology Building by the Road Commission of Oakland County from August 1, 2011 until July 31, 2013 at the rate of $14.36 per square foot with annual increases or decreases based on County operation and maintenance costs. 5. The FY 2011/2013 Facilities Maintenance & Operations Division Revenue Agencies Revenue account (#63100-10407402-140010-635017). 6. The estimated cost to operate and maintain the leased space for FY 2011 as calculated by Facilities Maintenance & Operations Division, is $147,218 and lease payment to Oakland County will be $93,914. The difference is attributed to the use of 6,540 net square footage agreed to in the lease document versus the gross square footage of 10,250. The Facilities Maintenance & Operations Fund Balance is sufficient to cover the $53,304 difference. No budget amendment is required. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #10307 BY: Planning and Building Committee, John Scott, Chairperson IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE 4800 LAPEER ROAD PROJECT 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”), have 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 4800 Lapeer Road site in Orion Township is an environmental hazard, a “facility” under state statute and a non-producing parcel; 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 Township Board have reviewed the Plan, and have been provided a reasonable opportunity to express their views and recommendations regarding the Plan in accordance with Sections 13 (13) of the Act, and have unanimously approved the resolution declaring their concurrence with the provisions of the Plan (attached); 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 recommending the adoption of the Plan by the Planning and Building Committee and the Board of Commissioners to be carried out within the Township of Orion, relating to the redevelopment of 4800 Lapeer Road located at M-24 and north of Brown Road (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 Township of Orion, relating to the redevelopment of 4800 Lapeer Road located at M-24 and north of Brown Road (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 4800 Lapeer Road in Orion Township shall be held on November 18 in the Board of Commissioners’ Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Runestad stated there were no items to report on the Regular Agenda for the Public Service Committee. Commissioners Minutes Continued. November 18, 2010 1163 Commissioner John Scott gave notice that he plans to discharge Miscellaneous Resolution #10295 – Sheriff’s Office – Contract for Law Enforcement Services in the City of Pontiac from the Finance Committee and Human Resources Committee at the next Regular Board meeting on December 9, 2010. Commissioner John Scott gave notice that he plans to discharge Miscellaneous Resolution #10296 – Sheriff’s Office – Contract for Fire Dispatch Services for the City of Pontiac 2011-2012 from the Finance Committee and Human Resources Committee at the next Regular Board meeting on December 9, 2010. Commissioner Tim Greimel gave notice that he plans to discharge Miscellaneous Resolution #10175 – Board of Commissioners – Enactment of Oakland County Ethics Ordinance from the General Government Committee at the next Regular Board meeting on December 9, 2010. Commissioner Tim Greimel gave notice that he plans to discharge Miscellaneous Resolution #10176 – Board of Commissioners – Resolution to Post Oakland County’s Check Register Online from the Finance Committee at the next Regular Board meeting on December 9, 2010. Commissioner Tim Greimel gave notice that he plans to discharge Miscellaneous Resolution #10226 – Board of Commissioners – Resolution in Support of Embryonic Stem Cell Research from the General Government Committee at the next Regular Board meeting on December 9, 2010. MISCELLANEOUS RESOLUTION #10308 BY: Commissioner David Woodward, District #18 IN RE: BOARD OF COMMISSIONERS – OBSERVANCE OF “BUY LOCAL WEEK” IN OAKLAND COUNTY – NOVEMBER 26, 2010 – DECEMBER 5, 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS business and citizen networks celebrate “Buy Local Week” during the kickoff of the holiday season, in an effort to educate consumers about the benefits of shopping locally and to encourage shopping at locally owned and independent stores; and WHEREAS studies have found that dollars spent with local businesses has significant economic, job and environmental benefits; and WHEREAS consumer dollars spent with local and family-owned businesses re-circulate in the local community up to three times more, making holiday shopping an important opportunity to maximize the benefits for our local communities; and WHEREAS when needs are met locally by locally owned businesses, people have greater control over their lives, money is recycled in the community, jobs are more secure, economies are more stable, and there are the means and the incentives to protect the environment and to build the relationships of mutual trust and responsibility that are the foundation of community; and WHEREAS small local businesses contribute significantly to the sustainability of the local economy in that (1) local business owners buy more often from other local businesses; (2) buying local items reduces the fossil fuel consumption; (3) buying local reduces transportation costs and can also mean more affordable goods; and (4) most job growth comes from local independent businesses. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby proclaim the week of November 26, 2010 through December 5, 2010, as “Buy Local Week” in Oakland County. BE IT FURTHER RESOVLED that the Oakland County Board of Commissioners applauds the contributions of small, local and family owned businesses who by far comprise the majority of all businesses, provide the most jobs, create nearly all new jobs, and are the source of most innovation. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages all of the cities, villages and townships within Oakland County to join in the recognition of local businesses by recognizing and celebrating “Buy Local Week”. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages the residents of Oakland County to support their local community by buying local first when shopping this holiday season. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Business Alliance for Local Living Economies (BALLE), the Oakland Chamber Commissioners Minutes Continued. November 18, 2010 1164 Network, the individual Chamber of Commerce’s located in Oakland County, the City Clerks of Oakland County’s Cities, Villages and Townships, the Michigan Association of Counties, the Michigan Municipal League, the Michigan Township Association, the Michigan Chamber of Commerce and Oakland County’s delegation to the Michigan legislature. Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD Moved by Woodward supported by Nash to suspend the rules and vote on Miscellaneous Resolution #10308 – Board of Commissioners – Observance of “Buy Local Week” In Oakland County – November 26, 2010 – December 5, 2010 Vote on motion to suspend the rules: AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas. (24) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #10308 – Board of Commissioners – Observance of “Buy Local Week” In Oakland County – November 26, 2010 – December 5, 2010 Motion carried. Moved by Woodward supported by Nash the resolution be adopted. AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson. (24) NAYS: (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #10309 BY: Sue Ann Douglas, District 12; John Scott, District 5; Tom Middleton, District 4; Robert Gosselin, District 13 IN RE: BOARD OF COMMISSIONERS – ADJUSTMENT TO SALARY FOR OAKLAND COUNTY ROAD COMMISSIONERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners appoints the three (3) members to the Road Commission for Oakland County to staggered six (6) year terms and sets their salary; and WHEREAS MCL 224.9 states that “salaries of the members of the board of county road commissioners shall be paid by the board of county road commissioners from county road funds”; and WHEREAS the Oakland County Board of Commissioners has approved an annual $10,000 salary to members serving on the Road Commission and that salary is paid out of Road Commission for Oakland County funds; and WHEREAS with road funding decreasing, it is time to adjust this salary to be more in line with other boards and commissions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby reduces the salary for Road Commissioners from $10,000 a year to $5,000 effective January 1, 2010. BE IT FURTHER RESOLVED that it be noted that the Oakland County Board of Commissioners appreciates the work done by the Road Commissioners for Oakland County. Chairperson we move the adoption of the foregoing resolution. SUE ANN DOUGLAS The Chairperson referred the resolution to the General Government Committee and Human Resources Committee. There were no objections. Commissioners Minutes Continued. November 18, 2010 1165 MISCELLANEOUS RESOLUTION #10310 BY: Commissioners Shelley G. Taub, District #16; and Bill Bullard, Jr., District #2 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR CONSTRUCTION ZONE PROPERTY TAX RELIEF BILL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Executive L. Brooks Patterson requested the Michigan legislature to consider proposals to provide property tax relief to businesses that are negatively impacted by construction zones anywhere in Michigan; and WHEREAS the proposal recommended that local communities should have the option to reduce property taxes up to 50% for businesses struggling financially from the impact of construction zones; and WHEREAS House Bill 6572, known as the "Adverse Construction Specific Tax Act," requires a major infrastructure construction project last at least three months its first year and at least two months if it extends into a second year in order for a business to be eligible for reduced property taxes. This will not include projects performed on interstate highways. A business impacted adversely by major construction will be able to apply for an exemption with its local assessor or clerk of the local tax collecting unit; and WHEREAS House Bill 6571 adds section 700 to MCL 211.1 to 211.155 (the General Property Tax Act), allowing governing bodies of local tax collecting units to adopt a resolution to exempt real and personal property owned or leased by an eligible business; and WHEREAS if adopted, the two proposed bills will then allow local governing bodies to adopt a resolution allowing businesses within a significant infrastructure construction project to only pay the reduced adverse construction specific tax, which would amount to a 50% reduction in their general property tax; and WHEREAS if adopted, local governmental units would have the option of extending this tax relief to their local businesses which are impacted by major construction zones. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby proclaim their support for House Bills 6571 and 6572 – the Adverse Construction Specific Tax Act – which provides local units of governments with the opportunity to provide tax relief to local businesses which are negatively impacted by major construction projects. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the proposed legislation holds local taxing jurisdictions harmless from the decrease in revenues associated with providing property tax relief to businesses that are negatively impacted by construction zones, by having the State of Michigan reimburse those local units. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Oakland County Executive L. Brooks Patterson, State Representative Gail Haines, the House Committee on Tax Policy, Oakland County’s delegation to the Michigan legislature, the Clerks for Oakland County’s Cities, Villages and Townships, the Oakland County Chamber Network, the Michigan Association of Counties and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, BILL BULLARD The Chairperson referred the resolution to the Finance Committee. There were no objections. The Board adjourned at 11:20 a.m. to the call of the Chair or December 9, 2010, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson