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HomeMy WebLinkAboutMinutes - 2001.05.24 - 7124279 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES May 24, 2001 Meeting called to order by Chairperson Frank Millard at 9:43 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (24) ABSENT: Melton (with notice). (1) Quorum present. Invocation given by David Galloway. Pledge of Allegiance to the Flag. Moved by Coleman supported by Brian the minutes of the May 10, 2001 Board Meeting be approved. A sufficient majority having voted therefor, the minutes were approved as printed. Moved by Sever supported by Dingeldey the rules be suspended and the agenda be amended, as follows: ITEMS ON PRINTED AGENDA GENERAL GOVERNMENT COMMITTEE a. Central Services – Oakland County International Airport Acceptance of FEMA Snow Emergency Grant (Reason for suspension for General Government Committee, item a: Waiver of Rule XII.C.1. - Direct Referral to Finance Committee.) PUBLIC SERVICES COMMITTEE d. Emergency Management – Performance Grant Agreement for Fiscal Year 2000-2001 Acceptance (Reason for suspension for Public Services Committee, item d: Waiver of Rule XII.C.1. - Direct Referral to Finance Committee.) Commissioners Minutes Continued. May 24, 2001 280 Vote on agenda, as amended: AYES: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Millard, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (23) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. County Clerk G. William Caddell read a communication from Chairperson Frank H. Millard, Jr. appointing the following individuals to serve on the Study Group Friend of the Court Citizen Advisory Committee: Nancy Dingeldey - Chairperson, Michelle Friedman Appel, David Galloway, Circuit Court Chief Judge Joan Young or designee, Probate Court Chief Linda Hallmark or designee, Joe Salamone - Friend of the Court, Corporation Counsel Judy Cunningham or designee, Kelly Kostin - Attorney (O. C. Bar Family Law Section). There being no objections, the appointments were confirmed. County Clerk G. William Caddell read a communication from John P. McCulloch announcing his resignation as member of the Community Mental Health Board, effective immediately. Commissioner Brenda Causey-Mitchell introduced the Honorable Walter Moore, Mayor of Pontiac who addressed the Board. Helena Allen, Judy Eaton (Director of Personnel) and Commissioner Douglas addressed the Board. Commissioners Buckley, Garfield, Palmer, and Webster, along with John Bowker and Captain McCabe of the Oakland County Sheriff’s Department presented Proclamations of Honor to Troy Dryzga for his heroism in saving the life of an accident victim. Moved by Palmer supported by Patterson the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). (The vote on this motion appears on page 308.) The resolutions on the Consent Agenda follow (annotated by an asterisk [*]): *MISCELLANEOUS RESOLUTION #01135 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER – BIRMINGHAM CSO DRAINAGE DISTRICT REFUNDING BONDS – FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Birmingham CSO Drainage District previously has issued its Drain Bonds, Series 1995C, dated April 1, 1995 (the “Drain Bonds”), in the original principal amount of $10,300,000, and this Board of Commissioners pledged the full faith and credit of the County of Oakland for the prompt payment of the principal and interest on the Drain Bonds; and WHEREAS the Drainage Board for the Birmingham CSO Drain, by resolution adopted on April 9, 2001, authorized and provided for the issuance by the Birmingham CSO Drainage District of its Refunding Bonds, Series 2001 (the “Refunding Bonds”) in the aggregate principal amount of not to exceed $9,000,000 to refund the Drain Bonds maturing in the years 2004 through 2016; and WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and will be Commissioners Minutes Continued. May 24, 2001 281 subject to redemption prior to maturity as shall be determined by the Drainage Board at the time of sale; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County of Oakland (the “County”) for the payment of the principal of and interest on the Refunding Bonds; and WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve debt service savings for the City of Birmingham, the County and the State of Michigan. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Refunding Bonds and agrees that, in the event the City of Birmingham, the County, or the State of Michigan shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 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. The County Treasurer, the bond counsel, 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 Refunding Bonds. The County Treasurer is authorized to approve the circulation of a preliminary and final official statement for the Refunding Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the “Rule”). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Refunding Bonds. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the “Continuing Disclosure Certificate”). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. May 24, 2001 282 Copy of Birmingham CSO Drainage District Refunding Bonds, Series 2001 on file in County Clerk’s office. (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01136 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER – BLOOMFIELD VILLAGE CSO DRAINAGE DISTRICT REFUNDING BONDS, SERIES 2001A – FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Bloomfield Village CSO Drainage District previously has issued its Drain Bonds, Series 1994B, dated October 1, 1994 (the “Drain Bonds”), in the original principal amount of $2,750,000, and this Board of Commissioners pledged the full faith and credit of the County of Oakland for the prompt payment of the principal and interest on the Drain Bonds; and WHEREAS the Drainage Board for the Bloomfield Village CSO Drain, by resolution adopted on April 10, 2001, authorized and provided for the issuance by the Bloomfield Village CSO Drainage District of its Refunding Bonds, Series 2001A (the “Refunding Bonds”) in the aggregate principal amount of not to exceed $2,600,000 to refund the Drain Bonds maturing in the years 2004 through 2016; and WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage Board at the time of sale; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County of Oakland (the “County”) for the payment of the principal of and interest on the Refunding Bonds; and WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve debt service savings for the City of Birmingham, the City of Bloomfield Hills, the Charter Township of Bloomfield, the County, and the State of Michigan. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Refunding Bonds and agrees that, in the event the City of Birmingham, the City of Bloomfield Hills, the Charter Township of Bloomfield, the County, or the State of Michigan shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 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. The County Treasurer, the bond counsel, 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 Commissioners Minutes Continued. May 24, 2001 283 Application for State Treasurer’s Approval to Issue Bonds with respect to the Refunding Bonds. The County Treasurer is authorized to approve the circulation of a preliminary and final official statement for the Refunding Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the “Rule”). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Refunding Bonds. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the “Continuing Disclosure Certificate”). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Bloomfield Village CSO Drainage District Refunding Bonds, Series 2001A on file in County Clerk’s office. (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01137 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER – BLOOMFIELD VILLAGE CSO DRAINAGE DISTRICT REFUNDING BONDS, SERIES 2001B – FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Bloomfield Village CSO Drainage District previously has issued its Drain Bonds, Series 1995C, dated April 1, 1995 (the “Drain Bonds”), in the original principal amount of $9,100,000, and this Board of Commissioners pledged the full faith and credit of the County of Oakland for the prompt payment of the principal and interest on the Drain Bonds; and WHEREAS the Drainage Board for the Bloomfield Village CSO Drain, by resolution adopted on April 9, 2001, authorized and provided for the issuance by the Bloomfield Village CSO Drainage District of its Refunding Bonds, Series 2001B (the “Refunding Bonds”) in the aggregate principal amount of not to exceed $8,000,000 to refund the Drain Bonds maturing in the years 2004 through 2016; and WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage Board at the time of sale; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County Commissioners Minutes Continued. May 24, 2001 284 of Oakland (the “County”) for the payment of the principal of and interest on the Refunding Bonds; and WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve debt service savings for the City of Birmingham, the City of Bloomfield Hills, the Charter Township of Bloomfield, the County and the State of Michigan. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Refunding Bonds and agrees that, in the event the City of Birmingham, the City of Bloomfield Hills, the Charter Township of Bloomfield, the County, or the State of Michigan shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 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. The County Treasurer, the bond counsel, 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 Refunding Bonds. The County Treasurer is authorized to approve the circulation of a preliminary and final official statement for the Refunding Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the “Rule”). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Refunding Bonds. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the “Continuing Disclosure Certificate”). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Bloomfield Village CSO Drainage District Refunding Bonds, Series 2001B on file in County Clerk’s office. Commissioners Minutes Continued. May 24, 2001 285 (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01138 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER – MINNOW POND DRAINAGE DISTRICT REFUNDING BONDS – FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Minnow Pond Drainage District previously has issued its Drain Bonds, dated November 1, 1993 (the "Drain Bonds"), in the original principal amount of $10,040,000, and this Board of Commissioners pledged the full faith and credit of the County of Oakland for the prompt payment of the principal and interest on the Drain Bonds; and WHEREAS the Drainage Board for the Minnow Pond Drain, by resolution adopted on April 9, 1999, authorized and provided for the issuance by the Minnow Pond Drainage District of its Refunding Bonds, Series 2001 (the "Refunding Bonds") in the aggregate principal amount of not to exceed $8,200,000 to refund the Drain Bonds maturing in the years 2002 through 2013; and WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage Board at the time of sale; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of and interest on the Refunding Bonds; and WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve debt service savings for the City of Farmington Hills, the County and the State of Michigan. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Refunding Bonds and agrees that, in the event the City of Farmington Hills, the County, or the State of Michigan shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 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. The County Treasurer, the bond counsel, 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 Refunding Bonds. The County Treasurer is authorized to approve the circulation of a preliminary and final official statement for the Refunding Bonds, to cause the Commissioners Minutes Continued. May 24, 2001 286 preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Refunding Bonds. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the “Continuing Disclosure Certificate”). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Minnow Pond CSO Drainage District Refunding Bonds, Series 2001 on file in County Clerk’s office. (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01139 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: COUNTY TREASURER - RESOLUTION TO AUTHORIZE OAKLAND COUNTY REFUNDING BONDS, EVERGREEN - FARMINGTON SEWAGE DISPOSAL SYSTEM (PERMANENT METER & INTERCEPTOR REHABILITATION) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended (“Act 342”), the County of Oakland (the “County”) has issued its Evergreen-Farmington Sewage Disposal System Bonds (Permanent Meter & Interceptor Rehabilitation), dated November 1, 1991 (the “Prior Bonds”), in the original principal amount of $4,085,000 to defray part of the cost of acquiring and constructing certain improvements to the Evergreen and Farmington Sewage Disposal System pursuant to certain contracts (the “Contracts”) among the City of Birmingham, the City of Bloomfield Hills, the City of Farmington Hills, the City of Lathrup Village, the City of Orchard Lake Village, the City of Southfield,, the Charter Township of Bloomfield, the Charter Township of West Bloomfield, the Village of Beverly Hills, and the Village of Franklin (the “Municipalities”) the City of Auburn Hills, the City of Farmington, the City of Keego Harbor, the City of Troy, the Village of Bingham Farms and the County of Oakland (“the “County”); and WHEREAS the Prior Bonds remain outstanding in the aggregate principal amount of $2,750,000 mature in various principal amounts on May 1 in the years 2002 through 2010 and bear interest at rates per annum that vary from 3.50% to 6.50%; and WHEREAS Chapter VI of Act No. 202, Public Acts of Michigan, 1943, as amended (“Act 202”) authorizes the County to refund all or any part of its funded indebtedness; and Commissioners Minutes Continued. May 24, 2001 287 WHEREAS the County has received or will receive requests from the Municipalities to refund all or part of the outstanding Prior Bonds; and WHEREAS it is in the best interests of the County and the Municipalities that the Prior Bonds maturing in the years 2002 through 2009 be refunded. NOW THEREFORE BE IT RESOLVED as follows: 1. AUTHORIZATION OF BONDS-PURPOSE Bonds of the County (the “Refunding Bonds”) aggregating the principal sum of not to exceed Two Million Six Hundred and Fifty Thousand Dollars ($2,650,000) shall be issued and sold pursuant to the provisions of Act 202, and other applicable statutory provisions, for the purpose of refunding all or part of the outstanding Prior Bonds maturing in the years 2002 through 2009. 2. BOND DETAILS The Refunding Bonds shall be designated Oakland County Refunding Bonds, Evergreen-Farmington Sewage Disposal System (Permanent Meter & Interceptor Rehabilitation), Series 2001; shall be in the principal amount and shall be dated as of such date as shall be determined by County Drain Commissioner as County Agency at the time of sale; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 6% per annum to be determined upon the sale thereof payable on such dates as shall be determined at the time of sale; and shall mature on such dates and in such amounts as shall be determined at the time of sale. 3. PAYMENT OF PRINCIPAL AND INTEREST The principal of and interest on the Refunding Bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the fifteenth day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 4. BOOK-ENTRY SYSTEM Initially, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The Depository Trust Company (“DTC”) for the benefit of other parties (the “Participants”) in the book-entry-only transfer system of DTC. In the event the County determines that it is in the best interest of the County not to continue the book-entry system of transfer or that the interests of the holders of the 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 giving notice to the County and the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County and the bond registrar and paying agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Resolution. In the event bond certificates are issued, the provisions of this Commissioners Minutes Continued. May 24, 2001 288 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 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 among DTC, the County and the bond registrar and paying agent. The County Agency or the County Treasurer is authorized to sign the Letter of Representations on behalf of the County, in such form as the County Agency or the County Treasurer deems necessary or appropriate in order to accomplish the issuance of the bonds in accordance with law an this Resolution. 5. PRIOR REDEMPTION The Refunding Bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined at the time of sale. 6. BOND REGISTRAR AND PAYING AGENT The County Treasurer shall designate and enter into an agreement with a bond registrar and paying agent for the Refunding Bonds that shall be a bank or trust company located in the State of Michigan that is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The Treasurer may from time to time as required designate a similarly qualified successor bond registrar and paying agent. 7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS The Refunding Bonds shall be executed in the name of the County by the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the Refunding Bonds. After the Refunding Bonds have been executed and authenticated, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional Refunding Bonds bearing the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of the Refunding Bonds. The bond registrar and paying agent shall indicate on each Refunding Bond the date of its authentication. 8. EXCHANGE AND TRANSFER OF BONDS Any Refunding Bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for Refunding Bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered Refunding Bond. Each Refunding Bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying Commissioners Minutes Continued. May 24, 2001 289 agent, upon surrender of such Refunding Bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any Refunding Bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered Refunding Bond and shall authenticate and deliver to the transferee a new Refunding Bond or Bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered Refunding Bond. If, at the time the bond registrar and paying agent authenticates and delivers a new Refunding Bond pursuant to this section, payment of interest on the Refunding Bonds is in default, the bond registrar and paying agent shall endorse upon the new Refunding Bond the following: “Payment of interest on this bond is in default. The last date to which interest has been paid is __________, ____.” The County and the bond registrar and paying agent may deem and treat the person in whose name any Refunding Bond shall be registered upon the books of the County as the absolute owner of such Refunding Bond, whether such Refunding Bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such Refunding Bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this resolution shall be valid and effectual to satisfy and discharge the liability upon such Refunding Bond to the extent of the sum or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of Refunding Bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange Refunding Bonds or portions of Refunding Bonds that have been selected for redemption. 9. FORM OF BONDS The Refunding Bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY REFUNDING BOND EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM (PERMANENT METER & INTERCEPTOR REHABILITATION), SERIES 2001 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 herein provided, upon presentation and surrender of this refunding bond at ______________________________________________ the bond registrar and Commissioners Minutes Continued. May 24, 2001 290 paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolution, and to pay to the Registered Owner as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which and interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from ___________, ______, or such later date through which interest has been paid until the County’s obligation with respect to the payment of such Principal Amount is discharged, at the rate per annum specified above. Interest is payable on the first days of May and November in each year, commencing on _____________ 1, ______. Principal and interest are payable in lawful money of the United States of America. This refunding bond is one of a series of refunding 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. 202, Public Acts of 1943, as amended) and a resolution adopted by the Board of Commissioners of the County (the “Resolution”) and an order of the Drain Commissioner of the County as County Agency for the purpose of refunding the outstanding Evergreen-Farmington Sewage Disposal System Bonds (Permanent Meter & Interceptor Rehabilitation), dated November 1, 1991, maturing in the years 2002 through 2009. The refunding bonds of this series are issued in anticipation of, and the principal of and interest on the refunding bonds are payable from, moneys to be received by the County from the City of Birmingham, the City of Bloomfield Hills, the City of Farmington Hills, the City of Lathrup Village, the City of Orchard Lake Village, the City of Southfield, the Charter Township of Bloomfield, the Charter Township of West Bloomfield, the Village of Beverly Hills and the Village of Franklin (collectively the “Municipalities”) in payment of their respective obligations to the County under certain contracts (the “Contracts”) among the Municipalities, other municipalities in the County, and the County. The full faith and credit of each Municipality have been pledged for the making of its share of such payments. As additional security for the payment of the principal of and interest on the refunding bonds of this series, the full faith and credit of the County have been pledged. Taxes imposed by the County are subject to constitutional tax rate limitations. This refunding 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 refunding bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this refunding bond a new refunding bond or refunding bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Refunding 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 refunding bonds or portions of refunding bonds that have been selected for redemption. Refunding bonds maturing prior to __________, ____, are not subject to redemption prior to maturity. Refunding bonds maturing on and after Commissioners Minutes Continued. May 24, 2001 291 ___________, _____, 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 ___________, _____. Refunding 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 refunding bonds maturing in any year are to be redeemed, the refunding bonds or portions of refunding bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the refunding bond or portion of the refunding bond called to be redeemed plus interest to the date fixed for redemption. Not less than thirty days notice of redemption shall be given to the registered owners of refunding bonds called to be redeemed by mail to each registered owner at the registered address. Refunding bonds or portions of refunding bonds called for redemption shall not bear interest on and 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 refunding 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 refunding bonds of which this refunding bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF the County of Oakland, State of Michigan, by its Board of Commissioners, has caused this refunding bond to be executed in its name by facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This refunding 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: Chairman, Board of Commissioners [SEAL] And: County Clerk CERTIFICATE OF AUTHENTICATION This refunding bond is one of the refunding 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 refunding bond and all rights thereunder and hereby irrevocably constitutes and appoints ________________________________________________________________ attorney to transfer the within refunding bond on the books kept for registration thereof, with full power of substitution in the premises. Dated:____________ _______________________________________ Signature Guaranteed: ________________________________ Commissioners Minutes Continued. May 24, 2001 292 Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF REFUNDING BOND FORM] 10. SECURITY The Refunding Bonds shall be issued in anticipation of the payments to be made by the Municipalities pursuant to the Contracts. As additional security the full faith and credit of the County of Oakland are hereby pledged for the prompt payment of the principal of and interest on the Refunding Bonds as the same shall become due. If a Municipality shall fail to make payments to the County that are sufficient to pay its share of the principal of and interest on the Refunding Bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. 11. DEFEASANCE In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of, premium if any, and interest on the Refunding Bonds or any portion of the Refunding Bonds, shall have been deposited in trust, this Bond Resolution shall be defeased with respect to such Refunding Bonds and the owners of the Refunding Bonds shall have no further rights under this Bond Resolution except to receive payment of the principal of, premium if any and interest on the Refunding Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange Refunding Bonds as provided herein. 12. PRINCIPAL AND INTEREST FUND There shall be established for the Refunding Bonds a Principal and Interest Fund that shall be kept in a separate bank account. From the proceeds of the sale of the Refunding Bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the Purchaser of the Refunding Bonds at the time of delivery of the same. All payments received from the Municipalities pursuant to the Contracts are pledged for the payment of the principal of and interest on the Prior Bonds that are not refunded and the Refunding Bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund or the principal and interest fund for the Prior Bonds as appropriate. The County Agency shall transfer moneys in the Principal and Interest Fund to the bond registrar and paying agent for the Prior Bonds that are not refunded and the bond registrar and payment agent for the Refunding Bonds as necessary for the payment of the principal of and interest on such Prior Bonds and the Refunding Bonds. 13. PAYMENT OF ISSUANCE EXPENSES-ESCROW FUND The remainder of the proceeds of the Refunding Bonds shall be used to pay the issuance expenses of the Refunding Bonds and to establish and escrow fund for the Prior Bonds that are refunded. After the issuance expenses have been paid or provided for, the remaining proceeds shall be used to establish and escrow fund (the “Escrow Fund”) consisting of cash and investments in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing and used to pay the principal of, interest on and redemption premiums on the Prior Bonds that are refunded. The Escrow Fund shall be held by a trustee (the “Trustee”) in trust pursuant to an escrow agreement (the “Escrow Agreement”) that irrevocably shall direct the Trustee to take all necessary steps to pay the Commissioners Minutes Continued. May 24, 2001 293 interest on the Prior Bonds that are refunded when due and to call such Prior Bonds for redemption at such time as shall be determined in the Escrow Agreement. The County Treasurer shall select the Trustee and enter into the Escrow Agreement with the Trustee on behalf of the County. The amounts held in the Escrow Fund shall be such that the cash and the investments and the income received thereon will be sufficient without reinvestment to pay the principal of, interest on and redemption premiums on the Prior Bonds that are refunded when due at maturity or call for redemption as required by the Escrow Agreement. 14. APPROVAL OF DEPARTMENT OF TREASURY The issuance and sale of the Refunding Bonds shall be subject to permission being granted therefor by the Department of Treasury of the State of Michigan and the County Agency, the County Treasurer, the County Bond Counsel, or a representative of Municipal Financial Consultants Incorporated, the financial consultant for the County, shall make application to the Department of Treasury for permission to issue and sell the Refunding Bonds as provided by the terms of this resolution. 15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS The County Agency shall determine the principal amount of the Refunding Bonds to be sold and shall determine the other bond details as described in Section 2 hereof and the terms and conditions for prior redemption as described in Section 5 hereof. The County Agency shall prescribe the form of Notice of Sale for the Refunding Bonds and shall publish the notice in accordance with law in a publication to be selected by the County Agency. The County Agency and the County Treasurer and other County officials are authorized to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the Refunding Bonds in accordance with the provisions of this resolution. 16. REPLACEMENT OF BONDS Upon receipt by the County Treasurer of proof of ownership of an unmatured Refunding Bond, of satisfactory evidence that the Refunding Bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity that complies with applicable law and is satisfactory to the Treasurer, the Treasurer may authorize the bond registrar and paying agent to deliver a new executed Refunding Bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event and outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully taken, the Treasurer may authorize the bond registrar and paying agent to pay the Refunding Bond without presentation upon the receipt of the same documentation required for the delivery of a replacement Refunding Bond. The bond registrar and paying agent for each new Refunding Bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, that may be incurred by the bond registrar and paying agent and the County in the premises. Any Refunding Bond delivered pursuant the provisions of this Section 16 in lieu of any Refunding Bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the Refunding Bond in substitution for which such Refunding Bond was delivered. 17. TAX COVENANT The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. The County Agency is authorized to do all things necessary to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. Commissioners Minutes Continued. May 24, 2001 294 18. OFFICIAL STATEMENT The County shall cause the preparation of an official statement for the Refunding Bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the “Rule”) and shall do all other things necessary to enable compliance with the Rule. After the award of the Refunding Bonds, the County will provide copies of a “final official statement” (as defined in paragraph (e)(3)of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 19. CONTINUING DISCLOSURE 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. 20. CONFLICTING RESOLUTIONS All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Evergreen-Farmington Sewage Disposal System (Permanent Meter & Interceptor Rehabilitation), Series 2001 on file in County Clerk’s office. (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01140 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – WORK RELEASE FACILITY PROJECT – FUNDING OF DETROIT EDISON LINE RELOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Fiscal Year 2001 Capital Improvement Program identifies Oakland County’s intention to construct a Work Release facility, which will replace the existing Work Release Facility and provide approximately 300 beds; and WHEREAS total project costs including construction, design and construction management fees, drain and electrical relocations, furnishings, and contingencies are estimated to be $11,400,000; and WHEREAS it is necessary to relocate primary electrical transmission lines owned by Detroit Edison and communication lines attached to the Edison utility poles before any other project work can begin on the site; and WHEREAS Detroit Edison owns and maintains these primary electrical transmission lines and is therefore a single source vendor for this work; and WHEREAS Detroit Edison has identified the cost to relocate these primary electrical transmission lines at $260,570; and WHEREAS the Facilities Engineering Division recommends total funding of $330,000, including $260,570 for relocation of electrical power transmission lines, $40,000 for the relocation of telephone lines, and $29,430 for contingency; and Commissioners Minutes Continued. May 24, 2001 295 WHEREAS these funds are reimbursable from Work Release bond proceeds, providing a resolution of intent to proceed with the project is passed within sixty (60) days of approval of this resolution; and WHEREAS funding for these line relocations is available for transfer from the Fiscal Year 2001 Capital Improvement Program/Building Improvement Fund (#401) to the Project Work Order Fund (#404) for the Work Release Facility Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes Oakland County to enter into an agreement with Detroit Edison in the amount of $260,570 for the relocation of primary electrical transmission lines for the Work Release Facility Project. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $330,000 from the Capital Improvement Program/Building Fund (#401) to the Project Work Order Fund (#404) for the Work Release Facility Project. BE IT FURTHER RESOLVED that the Fiscal Year 2001 Budget is amended as follows: Building Improvement Fund #401 3-14-210006-10000-8001 Operating Transfer Out ($330,000) Project Work Order Fund #404 3-14-310007-80033-1701 Operating Transfer In 330,000_ $ -0- BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is hereby authorized and directed to enter into an agreement with Detroit Edison, on behalf of the County of Oakland. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Relocation of Overhead Lines for New Work Release Facility on file in County Clerk’s office. REPORT (MISC. #01140) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – WORK RELEASE FACILITY PROJECT – FUNDING OF DETROIT EDISON LINE RELOCATION To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the proposal letter for relocation of the Detroit Edison transmission line for the above referenced project on May 15, 2001 reports with the recommendation that a contract be established with Detroit Edison in the amount of $330,000.00 and that an additional $69,430.00 be established for other work including telephone line relocation and contingency. Additionally, the Planning and Building Committee supports the attached Finance Committee resolution. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01141 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT – ADMINISTRATIVE ANNEX I BOILER INSTALLATION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Fiscal Year 2001 Capital Improvement Program includes provision, in the amount of $110,000 for the Administrative Annex I Boiler Installation Project; and WHEREAS the project includes installation of approximately 300 feet of two-inch natural gas line and two (2) 1.5 million BTU boilers at the Administrative Annex I facility; and Commissioners Minutes Continued. May 24, 2001 296 WHEREAS total project costs are estimated to be $95,000 including contingency; and WHEREAS installation will be performed by in-house staff and by outside contractors obtained through the Purchasing Division; and WHEREAS funding in the amount of $95,000 is available for transfer from the Fiscal Year 2001 Capital Improvement Program/Building Improvement Fund (#401) to the Project Work Order Fund (#404) for the Administrative Annex I Boiler Installation Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Administrative Annex I Boiler Installation Project in the amount of $95,000. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $95,000 from the Capital Improvement Program/Building Fund (#401) to the Project Work Order Fund (#404) to establish the Administrative Annex I Boiler Installation Project. BE IT FURTHER RESOLVED that the Fiscal Year 2001 Budget is amended as follows: Building Improvement Fund #401 3-14-210006-10000-8001 Operating Transfer Out ($95,000) Project Work Order Fund #404 3-14-310007-80203-1701 Operating Transfer In 95,000_ $ -0-_ Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (MISC. #01141) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: FACILITIES MANAGEMENT – ADMINISTRATIVE ANNEX I BOILER INSTALLATION PROJECT To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the need to install two boilers and a gas line to the Administrative Annex I and the Facilities Management report dated May 15, 2001, recommends approval of the project. The Committee further recommends funding for the total project cost of $95,000.00 including contingency, be approved. Additionally, the Planning and Building Committee supports the attached Finance Committee resolution. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01142 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - MICHIGAN DEPARTMENT OF COMMUNITY HEALTH CHILDHOOD AND UNINTENTIONAL INJURY PREVENTION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Health Division’s Health Education Unit applied for 60 car seats from the Michigan Department of Community Health’s (MDCH) Childhood and Unintentional Injury Prevention Section; and WHEREAS MDCH received over 11,000 requests for car seats, and has only 2,200 to distribute; and WHEREAS due to this overwhelming response, Oakland County has been awarded 37 of the 60 car seats it originally requested; and WHEREAS the grant application will also serve as the contract; and WHEREAS no additional personnel are being requested; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and Commissioners Minutes Continued. May 24, 2001 297 WHEREAS acceptance of this grant does not involve the transfer of any funds to or from Oakland County; and WHEREAS the grant agreement has been approved through the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the award of 37 child car seats from MDCH for the Childhood and Unintentional Injury Prevention program. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01143 BY: General Government Committee – William R. Patterson, Chairperson IN RE: CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT - ACCEPTANCE OF FEMA SNOW EMERGENCY GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland received damage during a snowfall incident of December 11, 2000, through December 31, 2000, with a record or near record snowfall and took such actions as necessary to save lives, protect public health and safety and protect improved property; and WHEREAS it was determined that it was beyond both State and local capabilities to adequately respond and numerous counties in Michigan including Oakland received a Presidential Disaster Declaration (#3160) for public assistance during the period of 48 hours beginning December 12, 2000; and WHEREAS Oakland County International Airport received an award of $23,823.20 with a 25% County match already expended by the Airport during the record event. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and accepts the Oakland County International Airport public assistance funding as awarded in the amount of $23,823.20 For FEMA- 3160-EM-125-UV1HJ declaration dated March 15, 2001. GENERAL GOVERNMENT COMMITTEE Copy of Contract/Program Review Request, State of Michigan Public Assistance Grant Agreement FEMA–3160–EM, Federal Emergency Management Agency Project Application Summary, Federal Emergency Management Agency Project Completion and Certification Report, Project Worksheet Report, and Public Assistance Grant Program Audit Certification on file in County Clerk’s office. FISCAL NOTE (MISC. #01143) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT - ACCEPTANCE OF FEMA SNOW EMERGENCY 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 Federal Emergency Management Administration (FEMA) has awarded the Oakland County International Airport a Snow Emergency Grant in the amount of $23,823.20 for the December 2000 snow storm. 2. Because the Airport previously expended funds in this snow emergency effort, including enough to cover the 25% match, this grant will simply reimburse the Airport Fund for previous expenditures. Therefore these federal funds will be added to the Airport Fund, fund balance. FINANCE COMMITTEE (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01144 BY: General Government Committee, William R. Patterson, Chairperson Commissioners Minutes Continued. May 24, 2001 298 IN RE: INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO THE MICHIGAN DEPARTMENT OF TRANSPORTATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Transportation has requested certain geographic information systems (GIS) and related land data for use in a study to be conducted within the County borders; and WHEREAS the transmission of this data should be provided pursuant to an intergovernmental agreement and none previously existed relating to this data; and WHEREAS a model agreement has been drafted (as attached) by the County’s Corporation Counsel; and WHEREAS similar requests for GIS and related information may be requested by the State or other governmental units other than cities, villages and townships and no prior agreement or process was developed; and WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “Enter into agreements with other governmental or quasi-governmental entities for the performance of services jointly”; and WHEREAS similar future requests for information may be time sensitive; and WHEREAS the transmission of the data would benefit the County’s residents. NOW THEREFORE BE IT RESOLVED that the Chairperson of the Board of Commissioners has the authority to execute the attached agreement to provide the Michigan Department of Transportation the information cited therein. BE IT FURTHER RESOLVED that the attached document be used for similar data requests that might, from time to time, occur from other governmental units and that the Chairperson of the Board of Commissioners has the authority to execute the agreement when similar circumstances occur in the future. BE IT FURTHER RESOLVED that in the future, such procedures shall be performed only on time sensitive issues and if issued, the intergovernmental agreement will be forwarded to the General Government Committee. Chairperson, on behalf of the General Government Committee I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Draft of Intergovernmental Agreement Between the County of Oakland and the Michigan Department of Transportation on file in the County Clerk’s office. (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01125 BY: General Government Committee, William Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD/RESEARCH LIBRARY - PURCHASE OF OAKLAND PRESS PUBLICATIONS ON MICROFILM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Research Library receives, on an average, (5) five to (7) seven requests a week for information contained in back issues of the Oakland Press. Requests come from the Courts, residents within the County and often by mail from someone who has moved out of the area; and WHEREAS by the very name “Oakland County Research Library” we are expected to serve as a resource for research which should provide access to as many newspaper articles as possible. Some newspapers can be accessed on line, but not the Oakland Press (formally the Pontiac Press); and WHEREAS the Oakland Press has consistently provided more coverage of County Government than the other newspapers in the area; and WHEREAS the Library Board/Research Library has negotiated a price with the supplier Bell & Howell to purchase the Oakland Press publications from 1972 – 2000 on microfilm. The initial purchase of the microfilm is $79,738. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the purchase of the Bell & Howell Oakland Press, from 1972 – 2000, on microfilm at an initial cost of $79,738. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. Commissioners Minutes Continued. May 24, 2001 299 GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #01125) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD/RESEARCH LIBRARY - PURCHASE OF OAKLAND PRESS PUBLICATIONS ON MICROFILM 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 named resolution and finds: 1. The Research Library receives an average of (5) five to (7) seven requests a week for information contained in back issues of the Oakland Press. 2. The Research Library is expected to serve as a resource for research in newspaper articles. 3. The Oakland Press consistently provides more County Government coverage than any other newspaper in the area. 4. The Research Library has negotiated a price with the suppliers Bell & Howell to purchase the Oakland Press from 1972 – 2000 on microfilm for an initial cost of $79,738. 5. Funds are available in the 2001 non-departmental contingency account to cover the purchase of this item, the Fiscal Year 2001 budget should be amended as follows: 90-290000-25000-2564 Contingency ($79,738) 51-231000-53000-3288 Periodicals, Books, Pub. 79,738 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01128 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION – VILLAGE OF HOLLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County’s 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 the Village of Holly, has executed the attached purchase agreement; and WHEREAS the Village of Holly has agreed to pay seventy-five percent of the total estimated cost of one siren (they currently have one siren); and WHEREAS consistent with the attached standard agreement, the Village of Holly agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the appropriation of $5,250.00 consistent with the attached budget, as Oakland County’s match. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the Village of Holly. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Village of Holly Tornado Siren Budget Summary and Purchase Agreement on file in County Clerk’s office. Commissioners Minutes Continued. May 24, 2001 300 FISCAL NOTE (MISC. #01128) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION – VILLAGE OF HOLLY 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. The Village of Holly has issued a purchase agreement for the purchase of one tornado warning siren and has requested to become part of the County’s centrally activated tornado warning system. 2. The total cost of the siren is $21,000. 3. The Village of Holly has agreed to pay $15,750, seventy-five percent (75%) of the estimated cost of the sirens. 4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, $5,250. 5. Consistent with past agreements, the County will retain ownership and be responsible for the maintenance and electrical costs for the siren. 6. Funds are available in the Fiscal Year 2001 Contingency Account to cover the County’s share of the purchase cost. 7. The Fiscal Year 2001 Budget should be amended, as specified below, to cover the purchase of this siren: Revenue 1-23-221-221111-65001-0218 Local Match $15,750 Expense DEPT/OCA/PCA/OBJECT 2-90-101-290000-25000-2564 Contingency ($ 5,250) 2-23-221-221112-65001-9102 Tornado Equipment 21,000 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 308.) *REPORT (MISC. #01129) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT AMENDMENT #4 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OAKLAND 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution on May 16, 2001, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #01129 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT AMENDMENT #4 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OAKLAND 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland Township has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (Miscellaneous Resolution #98011); and WHEREAS paragraph 23 of this contract provides that an amendment to this contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Oakland Township Board; and WHEREAS Oakland Township has approved a proposed amendment to the contract (Schedule A-Sheriff's Deputies Contracted) which would add one (1) Deputy II no-fill resulting in a total of one (1) Deputy II no-fill being contracted and bring the total number of contracted deputies to twelve (12); and WHEREAS the Sheriff has agreed to add one (1) Deputy II no-fill for Oakland Township under the terms of this contract. Commissioners Minutes Continued. May 24, 2001 301 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 1999-2003 Law Enforcement Services Agreement with the Charter Township of Oakland to add one (1) Deputy II no-fill. BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff's Department. BE IT FURTHER RESOLVED that one (1) marked vehicle (with mobile, prep, MDC and video camera) be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on May 26, 2001. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Charter Township of Oakland Schedule A-1 on file in County Clerk’s office. FISCAL NOTE (MISC. #01129) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT AMENDMENT #4 FOR LAW ENFORCEMENT SERVICES IN OAKLAND TOWNSHIP 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 named Miscellaneous Resolution and finds: 1. The Charter Township of Oakland wishes to amend its contract with the Oakland County Sheriff for law enforcement services beginning May 26, 2001. 2. This amendment would add one (1) Sheriff Deputy II (no-fill) position to the Contracted Patrol Unit, Patrol Services Division. Total number of contracted deputies to Oakland Township would increase to twelve (12). 3. One (1) marked vehicle (with mobile, prep, MDC and video camera) will be added to the County Fleet. 4. Operating costs and revenues equal $33,922 for Fiscal Year 2001, and $86,942 for Fiscal Year 2002. 5. A one time capital cost of $27,558 for the vehicle and associated equipment will come from non-departmental contingency. 6. Amendments for Fiscal Year 2001 and Fiscal Year 2002 as shown below: FY 2001 FY 2002 9.5 Pays Fund Dept OCA PCA Object 101 43 23601 31190 2001 Salaries $17,179 $48,046 SALARY TOTAL $17,179 $48,046 101 43 23601 31190 2075 Fringes $ 8,278 $23,151 FRINGE BENEFIT TOTAL 8,278 $23,151 101 43 23601 30000 6660 Radio Rental 163 $ 455 101 43 23601 30000 6661 Transportation 2,631 7,358 101 43 23901 40000 4044 Deputy Supplies 309 433 101 43 23201 10000 3784 Uniform Cost 318 445 101 43 23301 20000 6636 Info Tech Oper. 132 184 101 43 23101 10000 6677 Liability Ins 1,500 2,098 OPERATING TOTAL $ 5,052 $10,971 101 43 23601 30000 6024 CLEMIS $ 159 $ 222 101 43 23901 41000 2002 Dispatch 3,254 4,551 OPER. SUPPORT TOTAL $ 3,413 $ 4,773 TOTAL COST $33,922 $86,942 101 43 13601 30000 985 Cont Revenue $33,922 $86,942 TOTAL REVENUE $33,922 $86,942 $ 0 $ 0 Capital Costs 101 43 33601 30000 8001 Motor Pool Trans $20,773 101 43 33601 30000 8001 Radio Transfer 4,335 Commissioners Minutes Continued. May 24, 2001 302 101 43 33601 30000 8001 Computer Trans 2,450 101 90 290000 25000 2564 Contingency (27,558) $ 0 MOTOR POOL FUND Revenue 661 13 661001 10 635 Leased Equip. $ 2,631 $ 7,358 Operating Transfer 661 13 661003 10 1701 Oper. Trans. In $20,773 $ 0 $23,404 $ 7,358 Expense 661 13 661002 10 3903 Depreciation $ 2,631 $ 7,358 661 13 661002 10 4264 Leased Vehcls 20,773 0 $23,404 $ 7,358 $ 0 $ 0 RADIO COMMUNICATIONS FUND Revenue 660 13 660100 10 635 Leased Equip $ 163 $ 455 Operating Transfer 660 13 660300 10 1701 Oper. Trans. In $ 4,335 $ 0 $ 4,498 $ 455 Expense 660 13 660200 10 3900 Depreciation $ 163 $ 455 General Ledger 660 13 660200 10 8005 Est. Prft/Loss $ 4,335 $ 0 $ 4,498 $ 455 $ 0 $ 0 INFO TECH - CLEMIS FUND Revenue 635 23 635111 30001 583 In-Car Term. $ 132 $ 184 Operating Transfer 635 23 635113 30001 1701 Oper. Trans In $ 2,450 $ 0 $ 2,582 $ 184 Expense 635 23 635152 30001 3900 Depreciation $ 132 $ 184 General Ledger 635 23 635152 30001 8005 Est. Prft/Loss $ 2,450 $ 0 $ 2,582 $ 184 $ 0 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 308.) *REPORT (MISC. #01130) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN ADDISON TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution on May 16, 2001, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #01130 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN ADDISON TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Addison Township has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (Miscellaneous Resolution #98011); and Commissioners Minutes Continued. May 24, 2001 303 WHEREAS paragraph 23 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Addison Township Board; and WHEREAS Addison Township has approved a proposed amendment to the contract (Schedule A-Sheriff's Deputies Contracted) which would add one (1) Deputy II (w/fill-in) changing the total number of Deputy II’s (w/fill-in) from five (5) to six (6) and bring the total number of contracted deputies to seven (7); and WHEREAS the Sheriff has agreed to add one (1) Deputy II (w/fill-in) for Addison Township under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 1999-2003 Law Enforcement Services Agreement with the Township of Addison to add one (1) Deputy II (w/fill-in). BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff's Department. BE IT FURTHER RESOLVED that this amendment will take effect on May 26, 2001. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Charter Township of Addison Schedule A on file in County Clerk’s office. FISCAL NOTE (MISC. #01130) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN ADDISON TOWNSHIP 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 named Miscellaneous Resolution and finds: 1. The Charter Township of Addison wishes to amend its contract with the Oakland County Sheriff for law enforcement services beginning May 26, 2001. 2. This amendment would add one (1) Sheriff Deputy II (w/fill-in) position to the Contracted Patrol Unit, Patrol Services Division. Total number of Deputy II’s (w/fill-in) increases from five (5) to six (6) and the total number of contracted deputies to seven (7). 3. Operating costs and revenues equal $35,284 for Fiscal Year 2001, and $98,738 for Fiscal Year 2002. 4. The Fiscal Year 2001 and Fiscal Year 2002 budget should be amended as specified below. FY 2001 FY 2002 9.5 Pays Fund Dept OCA PCA Object 101 43 23601 31190 2001 Salaries $21,281 $59,552 SALARY TOTAL $21,281 $59,552 101 43 23601 31190 2075 Fringes $ 8,278 $23,165 FRINGE BENEFIT TOTAL $ 8,278 $23,165 101 43 23601 30000 6660 Radio Rental $ 163 $ 455 101 43 23601 30000 6661 Transportation 2,631 7,362 101 43 23901 40000 4044 Deputy Supplies 155 433 101 43 23201 10000 3784 Uniform Cost 159 445 101 43 23301 20000 6636 Info Tech Oper. 162 452 101 43 23101 10000 6677 Liability Ins 750 2,100 OPERATING TOTAL $ 4,019 $11,246 101 43 23601 30000 6024 CLEMIS $ 79 $ 222 101 43 23901 41000 2002 Dispatch 1,627 4,554 OPER. SUPPORT TOTAL $ 1,706 $ 4,776 TOTAL COST $35,284 $98,738 101 43 13601 30000 985 Contract Revenue $35,284 $98,738 TOTAL REVENUE $35,284 $98,738 Commissioners Minutes Continued. May 24, 2001 304 $ 0 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 308.) *MISCELLANEOUS RESOLUTION #01145 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: EMERGENCY MANAGEMENT – PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2001 – 2002 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has awarded Oakland County Emergency Management grant funding in the amount of $26,227 for the period of October 1, 2000, through September 30, 2001; and WHEREAS Emergency Management was notified of available grant funding via letter dated February 23, 2001, as attached, necessitating the need to expedite the application/acceptance process outside the adopted grant procedures; and WHEREAS this is the 29th year of grant acceptance for this program; and WHEREAS the purpose of the program is to encourage the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and local governments; 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 the State of Michigan in the amount of $26,227 for the period of Fiscal Year 2000/01. 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. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Funding Letter on file in County Clerk’s office. FISCAL NOTE (MISC. #01145) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: EMERGENCY MANAGEMENT - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2001- 2002 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 resolutions and finds: 1. Oakland County Emergency Management has been awarded grant funding by the State of Michigan EMPG/FEMA, Grant No. EMPG CFDA #83.552, for State funds in the amount of $26,227 for the development and maintenance of an effective operational emergency management program capable of protecting life, property, and vital infrastructure in times of emergency. 2. This is the 29th year of grant acceptance for this program, the project consists of effort to plan, train, exercise, and evaluate capability and response readiness. 3. The Fiscal Year 2001 total EMPG award funds 40.28518% of the Emergency Management department’s emergency program manager’s salary and fringe benefits, and funds shall not be used for any other purpose, and requires Oakland County to fund this effort for at least 49% from non-federal sources. 4. The grant agreement has been processed through the County Executive Contract Review Process, and the Board of Commissioners Commissioners Minutes Continued. May 24, 2001 305 Grant Acceptance Procedures, subject to ratification by the Oakland County Board of Commissioners. 5. Revenue from this agreement has already been included in the Fiscal Year 2001 Adopted Budget as General-Purpose revenue; no budget amendment is required. FINANCE COMMITTEE Vote on resolutions on the Consent Agenda: AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted, with accompanying reports being accepted. MISCELLANEOUS RESOLUTION #01146 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AWARD OF CONTRACT FOR THE 52-1 DISTRICT COURT PARKING LOT EXPANSION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Fiscal Year 2001 Capital Improvement Program includes funding in the amount of $150,000 for the 52-1 District Court Parking Lot Expansion Project; and WHEREAS the Planning and Building Committee on November 14, 2000 authorized the preparation of drawings and specifications for the 52-1 District Court Parking Lot Expansion Project; and WHEREAS in accordance with Purchasing Division procedures, bids for the project were received and reviewed on May 3, 2001; and WHEREAS the lowest responsible bidder is Thompson McCully Company of Clarkston, Michigan with a bid in the amount of $38,834.40; and WHEREAS total project costs of $58,000 are recommended by the Facilities Engineering Division and are available in the Building Fund (#401), including the contract award of $38,834.40, landscape repair of $5,500, administrative expenses of $4,000, and contingency of $9,665.60. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the award of contract for the 52-1 District Court Parking Lot Expansion Project to Thompson McCully Company of Clarkston, Michigan in the amount of $38,834.40. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $58,000 from the Capital Improvement Program/Building Fund (#401) to the Project Work Order Fund (#404) to establish the 52-1 District Court Parking Lot Expansion Project (C-018). BE IT FURTHER RESOLVED that the Fiscal Year 2001 Budget is amended as follows: Building Improvement Fund #401 3-14-210006-10000-8001 Operating Transfer Out ($58,000) Project Work Order Fund #404 3-14-310007-80183-1701 Operating Transfer In $58,000_ $ -0-__ Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Site Plan on file in County Clerk’s office. REPORT (MISC. #01146) BY: Planning and Building Committee, Charles Palmer, Chairperson Commissioners Minutes Continued. May 24, 2001 306 IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – AWARD OF CONTRACT FOR THE 52-1 DISTRICT COURT PARKING LOT EXPANSION PROJECT To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed on May 15, 2001, the bids received for the above-referenced project, reports with the recommendation the County enter into a contract with Thompson McCully Company of Clarkston, in the amount of $38,834.40. The Committee further recommends funding the total project cost of $58,000.00 including contingency be approved. Additionally, the Planning and Building Committee supports the attached Finance Committee resolution. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Douglas supported by Crawford the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Douglas supported by Crawford the resolution be adopted. AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #01147 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: MANAGEMENT AND BUDGET / PURCHASING DIVISION - REVISION TO THE PURCHASING CARD POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #99168, the Oakland County Board of Commissioners approved the "Oakland County Purchasing Card Policy" in accordance with Public Act 266 of 1995; and WHEREAS revisions to that policy have been recommended by Management and Budget to allow and monitor the use of a purchasing card for County travel (new sections 5.1.1, 5.1.2, 5.1.3, plus adjustments to sections 3.4 and 6.1) as well as allowing the use of a "Cardholder Agreement". NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves of the revisions to the Oakland County Purchasing Card Policy as outlined in Attachment A. BE IT FURTHER RESOLVED that the Department of Management and Budget notify the County Elected Officials, Department Directors, and Division Managers of the revised policy. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Attachment A and Purchasing Card Policies and Procedures on file in County Clerk’s office. Moved by Douglas supported by Webster the resolution be adopted. AYES: Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Gregory, Law, McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Amos, Appel, Brian. (22) NAYS: Garfield, Taub. (2) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. May 24, 2001 307 REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: APPOINTMENTS TO THE WELL PROTECTION AND EDUCATION POLICY ADVISORY COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered applications for appointment to the Well Protection and Education Policy Advisory Committee on May 14, 2001, hereby recommends that Joseph Maher, Steve McPherson and Gerald Dywasuk be appointed to three-year terms beginning September 24, 2000, and ending September 23, 2003. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of applications on file in County Clerk’s office. Moved by Patterson supported by Obrecht the report be accepted. AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #01148 BY: General Government Committee, William R. Patterson, Chairperson IN RE: ROAD COMMISSION FOR OAKLAND COUNTY BORROWING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of County Road Commissioners of the County of Oakland, Michigan (the “Issuer”) intends to authorize the issuance and sale of its ten- year Michigan Transportation Fund Notes, pursuant to Act 143, Public Acts of Michigan, 1943, as amended (“Act 143”) in an amount not to exceed Eleven Million Nine Hundred Fifty Thousand Dollars ($11,950,000) (the “Notes”) in anticipation of, and for the payment which shall be pledged, future revenues derived from state collected taxes returned to the County of Oakland (the “County”) for County road purposes pursuant to law, for the purpose of defraying part of the cost of improvement of county highways and general county road purposes all as more particularly described on Exhibit A attached hereto and made part hereof and such other or different projects as the Issuer may identify at the time the Notes are authorized to be issued; and WHEREAS pursuant to Section 1 of Act 143, the Oakland County Board of Commissioners must approve issuance of the Notes by the Issuer before the Notes may be authorized by the Issuer; and WHEREAS the Issuer, by resolution, has previously requested the authorization of the Oakland County Board of Commissioners to issue the Notes; and WHEREAS prior to issuance of the Notes the Issuer must either receive prior approval of the Notes from the Department of Treasury (the “Department”) of the State of Michigan (the “State”) or be exempt from prior approval as provided in Section 1(2) of Act 143, and Chapter III, Section 11 of Act 202, Public Acts of Michigan, 1943, as amended; and WHEREAS in order to be exempt from prior approval, the Issuer must notify the Department of the Issuer’s intent to issue the Notes. NOW THEREFORE BE IT RESOLVED that: 1. The Board of County Road Commissioners of the County of Oakland be, and is, hereby authorized to borrow and issue its Notes therefore, in the principal amount of not to exceed $11,950,000 to provide funds for the purposes described in the preamble to this resolution, all pursuant to Act 143. The interest rate on the Notes shall not exceed the maximum rate of interest permitted by law at the time of sale and there shall be pledged for the payment of such Notes future revenues derived from State collected taxes Commissioners Minutes Continued. May 24, 2001 308 returned to the County for County road purposes. The full faith and credit of the County shall not be pledged for the payment of such notes. 2. The County Treasurer is hereby authorized to execute any and all agreements, certificates and documents necessary to effectuate issuance of the Notes. 3. The Treasurer is hereby authorized and directed to set aside in a separate fund from the State collected taxes returned to the County for County road purposes pursuant to law which have not been theretofore specifically allocated for other purposes in each year an amount sufficient for the payment of the principal of and interest on the Notes as the same becomes due. 4. The County Treasurer is hereby authorized, to the extent authorized by law, to take all actions within the Treasurer’s control necessary to maintain the exemption of the interest on the Notes from general federal income taxation (as opposed to alternative minimum or other indirect taxation) under the Internal Revenue Code of 1986, as amended, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of note proceeds and monies deemed to be note proceeds. 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Exhibit A, Proposed 2001 Road Improvement Program on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #01124 BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS - AWARD OF PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO LARSEN AND ASSOCIATES (SECOND RENEWAL) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS issues arise before the Governor and the State legislature which have significant impact to local units of government within the State of Michigan; and WHEREAS over the past several years, several such issues have been debated at the state level which have far reaching consequences for the citizens of Oakland County; and WHEREAS County Commissioners need an increased ability to present their views on vital issues impacting Oakland County residents, providing a more intensive coordinated and focused legislative consulting effort has been necessary to sufficiently inform government officials at the State of the concerns of the Board of Commissioners regarding proposed laws, statutes, public acts, regulations, and executive and administrative orders; and WHEREAS the Board of Commissioners, per Miscellaneous Resolutions #95155 and #98061, awarded a contract to Larsen and Associates of Southfield, Michigan, to actively represent the interests of the Board before the Governor and the State Legislature; and WHEREAS Larsen and Associates is currently representing the Board of Commissioners in several ongoing matters; and WHEREAS this contract expires May 31, 2001, and the Board of Commissioners has been satisfied with the performance of Larsen and Associates. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an award of a contract to the firm of Larsen and Associates, Inc. of Southfield, Michigan, for the purpose of actively representing the interests of Oakland County as determined by the Board of Commissioners on those issues before the Governor and the State Legislature, including, but not limited to, proposed laws, statutes, public acts, regulations, and executive and administrative orders, that the Board deems appropriate. Commissioners Minutes Continued. May 24, 2001 309 BE IT FURTHER RESOLVED that this contract shall be for an amount not to exceed $48,000.00 annually, to be paid in equal monthly amounts of $4,000.00, and that this contract shall terminate on May 31, 2004, unless otherwise agreed to by the parties. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be authorized to execute the above-referenced professional services contract on behalf of the Board of Commissioners. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #01124) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS- AWARD OF PROFESSIONAL SERVICE CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO LARSEN AND ASSOCIATES 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. This resolution authorizes an award of a three year contract to Larsen and Associates, Inc. to actively represent the interests of Oakland County, as determined by the Board of Commissioners, on issues before the Governor and the State Legislature. 2. Larsen and Associates, Inc. held a contract for the previous three years which expires on May 31, 2001 and the Board of Commissioners has been satisfied with their performance. 3. The annual contract Not to Exceed amount is $48,000. 4. Funds are currently budgeted under the Board of Commissioners; no additional appropriation is required. FINANCE COMMITTEE Moved by Patterson supported by Dingeldey the resolution be adopted. AYES: Coleman, Crawford, Dingeldey, Douglas, Galloway, Gregory, McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell. (22) NAYS: Garfield, Law. (2) A sufficient majority having voted therefor, the resolution was adopted. REPORT (MISC. #01126) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: INFORMATION TECHNOLOGY/DISC - ADDITIONAL POSITIONS FOR GEOGRAPHICAL INFORMATION SYSTEM (GIS) PROJECTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution on May 16, 2001, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #01126 BY: General Government Committee, William R. Patterson, Chairperson IN RE: INFORMATION TECHNOLOGY/DISC – ADDITIONAL POSITIONS FOR GEOGRAPHICAL INFORMATION SYSTEM (GIS) PROJECTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Project Management methods and tools have provided the ability to show hours dedicated for various IT initiatives; and WHEREAS Project Management data shows that the GIS program has expanded to require current GIS staff be fully utilized for support and maintenance of those initiatives; and WHEREAS existing staff levels do not provide adequate hours for enhancement and new project development; and Commissioners Minutes Continued. May 24, 2001 310 WHEREAS the current list of new pending projects, including GIS mapping of Drain infrastructure, can not be addressed due to insufficient staff levels; and WHEREAS Information Technology has worked with the Personnel Department to determine appropriate classifications and new position resources to begin addressing the back-log of GIS work; and WHEREAS a new classification and one (1) position of Project Manager is proposed to be created to allow GIS project initiatives to be both internally and externally coordinated; and WHEREAS one (1) position of Application Analyst/Programmer III and one (1) position of User Support Specialist II is proposed to be created to address GIS project needs; and WHEREAS the County Executive recommends approval of this resolution. NOW THEREFORE BE IT RESOLVED that the classification of Project Manager, overtime exempt, be established at the following exempt salary range: Base 1 Year 2 Year 3 year 4 Year 5 Year $56,631 $60,041 $63,453 $66,865 $70,277 $73,689 BE IT FURTHER RESOLVED that one (1) PR position of Project Manager, one (1) PR position of Application Analyst/Programmer III and one (1) PR position of User Support Specialist II be created in the Digital Information Service Center division of Information Technology (18701). Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Project Manager Description on file in County Clerk’s office. FISCAL NOTE (MISC. #01126) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY / DISC – ADDITIONAL POSITIONS FOR GEOGRAPHICAL INFORMATION SYSTEMS (GIS) PROJECTS 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-reference resolution and finds: 1. Resolution authorizes the expansion of the Geographical Information System (GIS) program, through the establishment of new classification of Project Manager, the creation one (1) position of Project Manager overtime exempt, the creation of one (1) User Support Specialist II position, and the creation of one (1) position of Application Analyst/Programmer, all effective June 2, 2001. 2. The total cost of these new positions equals $70,629 for the balance of Fiscal Year 2001 and $238,728 for Fiscal Year 2002. The positions will be established in the Information Technology Fund and billed to the Drain Equipment Fund as Information Technology Development charges. 3. Funding is available from the General Fund Designated Fund Balance for Drain Records Conversion - Phase I (90-190000-14000-9407- 76000), to provide to the Drain Commissioner to cover the cost of these positions through September 30, 2003. After that date the cost of these positions must be sustained through the normal budget process. 4. The Fiscal Year 2001 and 2002 budget should be amended as follows: GENERAL FUND FY 2001 FY 2002 REVENUE 90-190000-19000-1582 Prior Years Balance $70,629 $238,726 EXPENDITURES 90-310000-21000-8001 Operating Transfer Out $70,629 $238,726 $ 0 $ 0 INFORMATION TECHNOLOGY FUND REVENUE 2-18-636111-10000-0735 OC Depts. Develop/Supt $70,629 $238,726 EXPENSES 2-18-636172-15000-2001 Salary Regular $50,449 $170,519 Commissioners Minutes Continued. May 24, 2001 311 2-18-636172-15000-2074 Fringe Benefits 20,180 $ 68,207 Total Expenses $70,629 $238,726 $ 0 $ 0 DRAIN EQUIPMENT FUND REVENUE 3-61-311317-35400-1701 Operating Transfer In $70,629 $238,726 EXPENSES 2-61-227317-35400-6030 Info Tech Development $70,629 $238,726 $ 0 $ 0 5. The Fiscal Year 2003 portion of this change will be built into the Fiscal Year 2002 – Fiscal Year 2003 County Executive Recommended Budget. FINANCE COMMITTEE Moved by Patterson supported by Causey-Mitchell the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Patterson supported by Moss the resolution be adopted. AYES: Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #01149 BY: Personnel Committee, Thomas Law, Chairperson IN RE: COUNTYWIDE ELECTED OFFICIALS SALARIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County’s voters recognized and adopted the principle that continuity of good government requires the recruitment and retention of quality employees and the principle that the pay and treatment of those public servants be based on merit by adopting Miscellaneous Resolution #4606 (September 19, 1966); and WHEREAS the Board of Commissioners has consistently utilized these voter-approved principles in adopting both the Merit System Rules and the Oakland County Job Evaluation System, the primary objectives of which are to (A) attract and (B) retain a qualified and productive work force to provide cost effective service to the citizens of Oakland County; and WHEREAS the Board of Commissioners has formally recognized that the free and competitive market provides the best basis for determining fair and equitable compensation for its public servants and has formally adopted market factors as the principal criterion for determining the compensation of its public servants; and WHEREAS Merit System Rules require the Personnel Committee of the Board of Commissioners to review salaries annually to determine if adjustments to salary ranges are warranted; and WHEREAS these equitable compensation principles are appropriately applied to elected official compensation determinations; and WHEREAS a national survey of elected official compensation plans indicates that adjustment of Oakland County’s county-wide elected official compensation plans is warranted by merit and market factors; and WHEREAS by way of example, the current salary for the position of County Executive is $15,779 (some 10.18%) below the national average salary for County Executives of comparatively sized counties; and WHEREAS that market factor and numerous County-adopted job evaluation plan factors including job-related knowledge and skill requirements, work and career experience requirements, supervisory and managerial responsibility requirements, problem solving and job-related communication and interpersonal skill requirements, and accountability requirements for the position of County Commissioners Minutes Continued. May 24, 2001 312 Executive support the position that equity demands that the County Executive position be compensated at a level that more closely matches the national average; and WHEREAS similar analyses apply to the positions of County Clerk, Treasurer, Prosecuting Attorney, Sheriff and Drain Commissioner; and WHEREAS as evidenced by the numerous honors and awards Oakland County has achieved for its exceptional fiscal management (AAA bond rating), leading edge technology programs (CLEMIS, Access Oakland, GIS initiatives), innovative business and economic development programs (Automation Alley, Business Roundtable, Main Street Program), efficient constituent services, law enforcement and public safety programs, healthy environment and high quality of life for its citizens, the performance of Oakland County’s countywide elected officials has been nationally recognized as being exceptional; and WHEREAS in an effort to bring the salaries for the countywide elected officials to a level which more equitably compensates for job responsibilities and better represents recognition of merit for the County’s achievements, it is proposed that the salaries for the county-wide elected officials be adjusted upward by 8.6%. NOW THEREFORE BE IT RESOLVED that the 2001 salaries for the following countywide elected officials be adjusted as follows: County Executive $151,221 Prosecuting Attorney $130,688 Sheriff $116,350 Treasurer $116,350 County Clerk/Reg. of Deeds $116,350 Drain Commissioner $116,350 Chairperson, I move adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #01150 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: CENTRAL SERVICES/SUPPORT SERVICES/RECORD RETENTION-CONTINUATION OF FUNDING FOR SIX (6) PTNE 1,000 HR/YR GENERAL HELPER POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Record Retention requests the continued funding of six (6) PTNE 1,000 hr/yr, GF/GP General Helper positions from 8/10/2001 through 8/10/2002 to pull criminal and civil records for microfilming; and WHEREAS in an effort to create more record storage space, Oakland County sought an adjustment in its retention period from the State Archives for general criminal and civil records; and WHEREAS previous practice was to retain records for 30 years, however, state guidelines allow for filming of paper copies at six years after last activity; and WHEREAS the new retention guidelines established have resulted in more files qualifying for destruction than originally anticipated; and WHEREAS as of 4/16/01 the General Helpers have pulled 98,136 files, and have 232,679 files to pull; and WHEREAS it is a goal of the Record Retention Study Committee to free up enough storage space to accommodate five (5) years of growth. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the continued funding of six (6) PTNE 1,000 hour/year, GF/GP General Helper positions through 8/10/2002, in the Record Retention Unit, of the Support Services Division. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. Commissioner Palmer requested the Chairperson set public hearings for the purpose of allowing public comment on the following EDC projects: Commissioners Minutes Continued. May 24, 2001 313 • Planning and Economic Development Division – Resolution Approving Project Plan (Cranbrook Educational Community Project) – City of Bloomfield Hills • Planning and Economic Development Division – Resolution Approving Project Plan (Rochester College Project) – City of Rochester Hills Chairperson Millard scheduled the Public Hearings for June 14, 2001 in the Board of Commissioners’ Auditorium at the following times: 9:40 a.m. – Cranbrook Educational Community Project 9:45 a.m. – Rochester College Project MISCELLANEOUS RESOLUTION #01151 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: SHERIFF DEPARTMENT – NARCOTICS ENFORCEMENT TEAM (NET) ADDITIONAL VEHICLE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #00307 on December 14, 2000 authorizing the Narcotics Enforcement Team (NET) to operate under the direction of the Sheriff; and WHEREAS on February 1, 2001 the Oakland County Board of Commissioners adopted Miscellaneous Resolution #01024 authorizing the interlocal agreement; and WHEREAS City of Lathrup Village Police Department will be sending an officer to work in the NET Unit and will require one (1) additional vehicle; and WHEREAS the Sheriff and the NET Advisory Board hereby requests the addition of one (1) vehicle and radios for the purposes of Narcotics Enforcement; and WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the Sheriff and the NET Advisory Board is requesting that a portion of these funds be used to pay for the capital costs and operating expenses for this vehicle; and WHEREAS the capital costs (present value) for these vehicles will be returned to the NET forfeiture funds in the event that the Oakland County Narcotics Enforcement Team should dissolve; and WHEREAS this equipment will be used by the Oakland County Narcotics Enforcement Team to enhance law enforcement efforts in compliance with state law; and WHEREAS the estimated capital costs are $22,000 and the estimated operating expenses would be $11,000 per year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the addition of one (1) vehicle with mobile radio be added to the County Fleet. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the use of forfeiture funds for the capital and leased costs for vehicles and radios. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #01132) BY: Public Services Committee, David Moffitt, Chairperson IN RE: BOARD OF COMMISSIONERS – JAIL DIVERSION FOR PERSONS WITH MENTAL ILLNESS TASK FORCE – AMENDMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. May 24, 2001 314 The Public Services Committee, having reviewed Miscellaneous Resolution #01132 on May 15, 2001, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #01132 BY: Commissioners Shelley G. Taub, District #12 and Ruel E. McPherson, District #25 IN RE: BOARD OF COMMISSIONERS - MISCELLANEOUS RESOLUTION #01008 - JAIL DIVERSION FOR PERSONS WITH MENTAL ILLNESS TASK FORCE - AMENDMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #01008 established a 12-member Jail Diversion for Persons with Mental Illness Task Force to provide the Oakland County Board of Commissioners, Sheriff and County Executive with recommendations to reduce the mentally ill population in jail; and WHEREAS prior to the formalization of the Jail Diversion for Persons with Mental Illness Task Force, representatives from Easter Seals of Southeast Michigan, as the Community Mental Health Agency (CMHA) contractor for jail services in Oakland County, has been working closely with Oakland County on this issue; and WHEREAS the members of the Jail Diversion for Persons with Mental Illness Task Force have indicated their support for including a representative from Easter Seals in future dialogues. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby increase the membership of the Jail Diversion for Persons with Mental Illness Task Force from 12 to 13 members to include the addition of a representative of the contracting firm for Community Mental Health Agency jail services in Oakland County. BE IT FURTHER RESOLVED that this appointment shall be made by the Chairperson of the Board of Commissioners within 14 days of the adoption of this resolution. Chairperson, we move the adoption of the foregoing resolution. Shelley G. Taub, Ruel E. McPherson Moved by Moffitt supported by Coleman the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Moffitt supported by Taub the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Dingeldey. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #01152 BY: Commissioner Lawrence Obrecht, District #3 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF ORION – FISCAL YEAR 2000 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and Commissioners Minutes Continued. May 24, 2001 315 WHEREAS pursuant to the Disbursement Policy, Orion Township has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS Orion Township is requesting reimbursement for work related to site work for water and sewer installations at two locations in the township; and WHEREAS the Fiscal Year 2000 authorized amount of funding for Orion Township is $118,292.80 from the Environmental Infrastructure Fund as repayment to Orion Township for expenses incurred in connection with environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the projects submitted by Orion Township as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a Fiscal Year 2000 appropriation in the amount of $118,292.80 from the Environmental Infrastructure Fund (Account #90-263218-41000-3985) to repay Orion Township for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. Lawrence Obrecht Copy of Charter Township of Orion Infrastructure Fund Reimbursement Attachment A & B on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #01153 BY: Commissioner Eric Coleman, District #21 IN RE: BOARD OF COMMISSIONERS - OAKLAND COUNTY EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS preliminary U.S. Census Bureau 2000 reports indicate that the vast majority of Oakland County's population growth during the past 10 years has been in minority communities; and WHEREAS the Oakland County Affirmative Action Report for the Year 2000 demonstrates that the County is not currently meeting its goals for female and minority employees, based on 1990 census information -- especially in the Occupational Categories of: Officials and Administrators, Professionals, Technicians, and Protective Service Workers; and WHEREAS Oakland County's adopted Statement of Equal Employment Opportunity and Affirmative Action Policy provides that in addition to outlining goals, appropriate timetables for accomplishing these goals are to be established; and WHEREAS one of the best ways to improve the presence of qualified minorities and females in areas of underutilization is to aggressively attempt to promote minorities and females from within; and WHEREAS the role of an Equal Employment Opportunity Officer is not merely to accept complaints from employees or applicants who feel that they have been discriminated against, but to act proactively, in conjunction with the Personnel Department, to identify problem areas, propose solutions and implement corrective action; and WHEREAS for several months, the only position within Oakland County's Equal Employment Opportunity Unit -- the Equal Employment Opportunity Officer position -- has been vacant, with elements of the position being disseminated out to private firms and agencies; and WHEREAS setting the goal for the hiring and promotion females and minorities is only the first step. If Oakland County, as an employer, truly intends to diversify its workforce in a manner that is reflective of the citizens that it serves, it is imperative that the Equal Employment Opportunity Officer position be filled and empowered to fulfill its responsibilities. Commissioners Minutes Continued. May 24, 2001 316 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby request that Equal Employment Opportunity Officer position be filled with a full-time employee. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby request that the County Executive establish the Equal Employment Opportunity Unit as an separate department, with the Equal Employment Opportunity Officer/Director reporting directly to the County Executive; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby request the Oakland Personnel Department to report back quarterly to the Personnel Committee on: 1. The status of the Equal Employment Opportunity Officer position. 2. The Equal Employment Opportunity Unit's action plan to improve the hiring and promotion of female and minority employees within Oakland County -- especially within the Occupational Categories of: Officials and Administrators, Professionals, Technicians, and Protective Service Workers. Chairperson, I move the adoption of the foregoing Resolution. Eric Coleman, District #21 The Chairperson referred the resolution to the Personnel Committee. There were no objections. In accordance with Rule XII.G, the Chairperson made the following referral: GENERAL GOVERNMENT a. Letter from John McCulloch – Resignation as a Member of Community Mental Health Authority There were no objections to the referral. The Board adjourned at 10:30 a.m. to the call of the Chair or June 14, 2001 at 9:30 a.m. G. WILLIAM CADDELL FRANK H. MILLARD Clerk Chairperson