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HomeMy WebLinkAboutMinutes - 1999.07.15 - 8273 248 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES July 15, 1999 Meeting called to order by Chairperson John McCulloch at 10:40 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub. (23) ABSENT: Appel, Coleman (both with notice). (2) Quorum present. Invocation given by Commissioner Suarez. Pledge of Allegiance to the Flag. Moved by Colasanti supported by Dingeldey the minutes of the June 10, 1999 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Devine supported by Patterson the rules be suspended and the agenda be amended, as follows: ITEMS ON PRINTED AGENDA FINANCE COMMITTEE n. Oakland County Juvenile Accountability Incentive Block Grant (JAIBG) Acceptance (Reason for suspension for Finance Committee, item n: Waiver of Rule III. - Agenda Items. Planning and Building Committee and Public Services Committee Meetings held before the Board Meeting on 7/15/99) GENERAL GOVERNMENT COMMITTEE c. Parks & Recreation - Reorganization and Related Personnel Actions (Reason for suspension for General Government Committee, item c: Waiver of Rule XII.C. Direct Referral to Personnel Committee) AYES: Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub. (21) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. Moved by Devine supported by Garfield to add Public Services, item e - Sheriff=s Department - Contract Amendment to Reclassify One Deputy II (No-Fill) Patrol Sergeant Position - Rochester Hills, to the suspension agenda. (Reason for suspension: Waiver of Procedure to Bring Matters before the Board) Commissioners Minutes Continued. July 15, 1999 249 A sufficient majority having voted therefor, the motion to amend the agenda carried. Deputy Clerk Patrick D. Campbell read a communication from Chairperson John McCulloch appointing Commissioner Frank Millard to serve on the Clarkston Mill Pond Lake Board. There being no objections, the appointment was confirmed. Deputy Clerk Patrick D. Campbell read a communication from Anthony O=Connor regarding the Parks & Recreation millage renewal (placed on file). Deputy Clerk Patrick D. Campbell read a communication from Midge Appel and Anna Mickel expressing their appreciation to the Board for participating in the Oakland County Senior Power Day event each year. The Chairperson made the following statement "A Public Hearing is now called on the Johnson Group Services, Inc., EDC Project. Are there any persons who wish to speak?" No persons requested to speak and the Chairperson declared the Public Hearing closed. The Chairperson made the following statement "A Public Hearing is now called on Miscellaneous Resolution #99146 - Facilities Management/ Administration/Solid Waste - Personnel Related Actions and Transfer Solid Waste Unit and Positions to Community and Economic Development. Are there any persons who wish to speak?" No persons requested to speak and the Chairperson declared the Public Hearing closed. Commissioner McPherson and Chairperson McCulloch presented a Dedication Plaque to honor the memory of Commissioners Lawrence Pernick and Dennis Aaron. The plaque will be mounted on the wall outside the "Pernick/Aaron Conference Room". Copies of the dedication plaques were presented to the Pernick and Aaron families. Commissioner Fran Amos presented a Community Mental Health update. Bill McMaster addressed the Board. Moved by Millard supported by Taub to take action on the resolutions on the Consent Agenda, as follows: adopt Finance Committee, items a, b, c, d and e; refer Finance Committee, item f to the Personnel Committee; refer General Government Committee, item a and Public Services Committee, items a, b and f to the Finance Committee; refer Planning and Building Committee, item a and Public Services Committee, items c, d and e to the Personnel Committee and the Finance Committee. (The vote on this motion appears on page 277.) The resolutions on the Consent Agenda follow (annotated by an asterisk [*]): * MISCELLANEOUS RESOLUTION #99150 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 1994B dated October 1, 1994 (the "Drain Bonds"), in the principal amount of $4,150,000, and this Board of Commissioners pledged the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the Drain Bonds; and WHEREAS the Drainage Board for the Birmingham CSO Drain, by resolution adopted on June 22, 1999, authorized and provided for the issuance by the Birmingham CSO Drainage District of its Refunding Bonds, Series 1999 (the "Refunding Bonds") in the aggregate principal amount of not to exceed $3,860,000 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. July 15, 1999 250 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: 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 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 adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 277.) (ADOPTED) * MISCELLANEOUS RESOLUTION #99151 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER - LUEDERS DRAINAGE DISTRICT REFUNDING BONDS FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS the Lueders Drainage District previously has issued its Drain Bonds dated August 1, 1991 (the "Drain Bonds"), in the principal amount of $4,660,000, and this Board of Commissioners pledged the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the Drain Bonds; and Commissioners Minutes Continued. July 15, 1999 251 WHEREAS the Drainage Board for the Lueders Drain, by resolution adopted on June 22, 1999, authorized and provided for the issuance by the Lueders Drainage District of its Refunding Bonds, Series 1999 (the "Refunding Bonds") in the aggregate principal amount of not to exceed $4,095,000 to refund the Drain Bonds maturing in the years 2001 through 2011; 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 Rochester Hills, the County and the State of Michigan. NOW THEREFORE BE IT RESOLVED: 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 Rochester 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 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 adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 277.) (ADOPTED) * MISCELLANEOUS RESOLUTION #99152 BY: Finance Committee, Sue Ann Douglas, Chairperson Commissioners Minutes Continued. July 15, 1999 252 IN RE: COUNTY TREASURER RESOLUTION TO AUTHORIZE OAKLAND COUNTY REFUNDING BONDS (EVERGREEN-FARMINGTON AMY RELIEF SEWERS) 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 (Amy Relief Sewers), dated December 1, 1990 (the "Prior Bonds"), in the original principal amount of $3,425,000 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 Bloomfield Hills and the Charter Township of Bloomfield (the "Municipalities"), the City of Auburn Hills, and the County; and WHEREAS the Prior Bonds remain outstanding in the aggregate principal amount of $2,400,000 mature in various principal amounts on May 1 in the years 2000 through 2009 and bear interest at rates per annum that vary from 6.00% to 6.60%; 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 WHEREAS the County has received 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 2000 through 2009 be refunded. NOW THEREFORE BE IT RESOLVED: 1. AUTHORIZATION OF BONDS PURPOSE. Bonds of the County (the "Refunding Bonds") aggregating the principal sum of not to exceed Two Million Eight Hundred Forty Thousand Dollars ($2,840,000) 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 2000 through 2009. 2. BOND DETAILS. The Refunding Bonds shall be designated Oakland County Refunding Bonds (Evergreen-Farmington Amy Relief Sewers); 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 l 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 Commissioners Minutes Continued. July 15, 1999 253 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 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 and 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 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 Commissioners Minutes Continued. July 15, 1999 254 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 AMY RELIEF SEWERS) INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County"), acknowledges itself indebted to, and for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at _______________________________________________________________________ the bond registrar and 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 an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from __________, ____, 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 bond is one of a series of bonds aggregating the principal sum of ________________________________________ Thousand 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 Commissioners Minutes Continued. July 15, 1999 255 Agency for the purpose of refunding the outstanding Evergreen-Farmington Sewage Disposal System Bonds (Amy Relief Sewers), dated December 1, 1990, maturing in the years 2000 through 2009. The bonds of this series are issued in anticipation of, and the principal of and interest on the bonds are payable from, moneys to be received by the County from the City of Bloomfield Hills and the Charter Township of Bloomfield (collectively, the "Municipalities") in payment of their respective obligations to the County under certain contracts (the "Contracts") among the Municipalities, another municipality 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 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 bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds that have been selected for redemption. Bonds maturing prior to __________, ____, are not subject to redemption prior to maturity. Bonds maturing on and after __________, ____, 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 __________, ____. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows: % of the par value if called for redemption on or after __________ 1, ____, but prior to __________ 1, ____; % of the par value if called for redemption on or after __________ 1, ____, but prior to __________ 1, ____; % of the par value if called for redemption on or after __________ 1, ____, but prior to __________ 1, ____. Not less than thirty days= notice of redemption shall be given to the registered owners of bonds called to be redeemed by mail to each registered owner at the registered address. Bonds or portions of 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 bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board of Commissioners, has caused this 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 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] Commissioners Minutes Continued. July 15, 1999 256 And: County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto _________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints _____________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF 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 an escrow fund for the Prior Bonds that are refunded. After the issuance expenses have been paid or provided for the Commissioners Minutes Continued. July 15, 1999 257 remaining proceeds shall be used to establish an 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 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, 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 an 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. 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 Commissioners Minutes Continued. July 15, 1999 258 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 (The vote for this motion appears on page 277.) (ADOPTED) * MISCELLANEOUS RESOLUTION #99153 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: COUNTY TREASURER RESOLUTION TO AUTHORIZE OAKLAND COUNTY REFUNDING BONDS (CITY OF ORCHARD LAKE VILLAGE - 1999) 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 Oakland County Sewage Disposal Bonds (City of Orchard Lake Village System) dated September 1, 1990 (the "1990 Prior Bonds"), in the original principal amount of $2,135,000 to defray part of the cost of acquiring and constructing the City of Orchard Lake Sanitary Sewage Collection and Disposal System pursuant to the City of Orchard Lake Village Sanitary Sewage Collection and Disposal System Contract (the "1989 Contract") dated as of November 1, 1989, between the City of Orchard Lake (the "Municipality") and the County; and WHEREAS pursuant to the provisions of Act 342 the County has issued its Oakland County Sewage Disposal Bonds (City of Orchard Lake Village System) Series 1994, dated March 1, 1994 (the "1994 Prior Bonds"), in the original principal amount of $5,065,000 to defray part of the cost of acquiring and constructing the City of Orchard Lake Sanitary Sewage Collection and Disposal System pursuant to the 1989 Contract; and WHEREAS pursuant to the provisions of Act 342, the County has issued its Oakland County Sewage Disposal Bonds (City of Orchard Lake Village System), Series 1994-B, dated March 1, 1994 (the "1994-B Prior Bonds"), in the original principal amount of $5,500,000 to defray part of the cost of acquiring and constructing the City of Orchard Lake Sanitary Sewage Collection and Disposal System pursuant to the 1989 Contract and the City of Orchard Lake Village Sewage Disposal System 1994 Supplemental Contract (the "1994 Contract") dated as of April 1, 1994, between the Municipality and the County; and WHEREAS the 1990 Prior Bonds remain outstanding in the aggregate principal amount of $1,750,000 mature in various principal amounts on November 1 in the years 1999 through 2010 and bear interest at rates per annum that vary from 6.50% to 7.40%; and WHEREAS the 1994 Prior Bonds remain outstanding in the aggregate principal amount of $4,365,000 mature in various principal amounts on November 1 in the years 1999 through 2013 and bear interest at rates per annum that vary from 5.30% to 6.00%; and WHEREAS the 1994-B Prior Bonds remain outstanding in the aggregate principal amount of $4,900,000, mature in various principal amounts on November 1 in the years 1999 through 2013 and bear interest at rates per annum that vary from 5.40% to 6.00%; and Commissioners Minutes Continued. July 15, 1999 259 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 WHEREAS the County received a request from the Municipality to refund all or part of the outstanding 1990 Prior Bonds, the 1994 Prior Bonds and the 1994-B Prior Bonds (hereinafter sometimes referred to collectively as the "Prior Bonds"); and WHEREAS it is in the best interests of the County and the Municipality that the 1990 Prior Bonds maturing in the years 2000 through 2010, the 1994 Prior Bonds maturing in the years 2003 through 2013, and the 1994-B Prior Bonds maturing in the years 2003 through 2013 be refunded. NOW THEREFORE BE IT RESOLVED: 1. AUTHORIZATION OF BONDS PURPOSE. Bonds of the County (the "Refunding Bonds") aggregating the principal sum of not to exceed Ten Million Two Hundred Ninety Thousand Dollars ($10,290,000) 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 1990 Prior Bonds maturing in the years 2000 through 2010, the outstanding 1994 Prior Bonds maturing in the years 2003 through 2013, and the outstanding 1994-B Prior Bonds maturing in the years 2003 through 2013. 2. BOND DETAILS. The Refunding Bonds shall be designated Oakland County Refunding Bonds (City of Orchard Lake Village 1999); 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 l 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 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 Commissioners Minutes Continued. July 15, 1999 260 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 and 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 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 Commissioners Minutes Continued. July 15, 1999 261 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 (CITY OF ORCHARD LAKE VILLAGE 1999) INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County"), acknowledges itself indebted to, and for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at _______________________________________________________________________ the bond registrar and 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 an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from __________, ____, 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 bond is one of a series of bonds aggregating the principal sum of ________________________________________ Thousand 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 Oakland County Sewage Disposal Bonds (City of Orchard Lake Village System), dated September 1, 1990, maturing in the years ____ through ____; the outstanding Oakland County Sewage Disposal Bonds (City of Orchard Lake Village System), Series 1994, dated March 1, 1994, maturing in the years ____ through ____; and the outstanding Oakland County Sewage Disposal Bonds (City of Orchard Lake Village System), Series 1994-B, dated March 1, 1994, maturing in the years ____ through ____. The bonds of this series are issued in anticipation of, and the principal of and interest on the bonds are payable from, moneys to be received by the County from the City of Orchard Lake Village (the "Municipality") in payment of its obligations under certain contracts dated as of November 1, 1989, and April 1, 1994, between the Municipality and the County. The full faith and Commissioners Minutes Continued. July 15, 1999 262 credit of the Municipality have been pledged for the making of such payments. As additional security for the payment of the principal of and interest on the 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 bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds that have been selected for redemption. Bonds maturing prior to __________, ____, are not subject to redemption prior to maturity. Bonds maturing on and after __________, ____, 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 __________, ____. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows: % of the par value if called for redemption on or after __________ 1, ____, but prior to __________ 1, ____; % of the par value if called for redemption on or after __________ 1, ____, but prior to __________ 1, ____; % of the par value if called for redemption on or after __________ 1, ____, but prior to __________ 1, ____. Not less than thirty days' notice of redemption shall be given to the registered owners of bonds called to be redeemed by mail to each registered owner at the registered address. Bonds or portions of 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 bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board of Commissioners, has caused this 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 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 bond is one of the bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Commissioners Minutes Continued. July 15, 1999 263 Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ___________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints _______________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF BOND FORM] 10. SECURITY. The Refunding Bonds shall be issued in anticipation of the payments to be made by the Municipality 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 the Municipality shall fail to make payments to the County that are sufficient to pay 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 Municipality 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 funds for the Prior Bonds as appropriate. The County Agency shall transfer moneys in the Principal and Interest Fund to the bond registrar and paying agents 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 an 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 an 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 interest on the Prior Bonds that are refunded when due and to call such Prior Bonds for redemption at such time as Commissioners Minutes Continued. July 15, 1999 264 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, 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 an 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. 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 Commissioners Minutes Continued. July 15, 1999 265 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 (The vote for this motion appears on page 277.) (ADOPTED) * MISCELLANEOUS RESOLUTION #99154 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: COUNTY TREASURER RESOLUTION TO AUTHORIZE OAKLAND COUNTY REFUNDING BONDS (EVERGREEN-FARMINGTON SEGMENT I & II) 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 (Segment I & II) Bonds, dated December 1, 1990 (the "Prior Bonds"), in the original principal amount of $12,650,000 to defray part of the cost of acquiring and constructing certain improvements to the Evergreen and Farmington Sewage Disposal Systems pursuant to certain contracts (the "Contracts") among the City of Bloomfield Hills, the Village of Beverly Hills, the Charter Township of West Bloomfield, the City of Farmington Hills, and the City of Southfield (collectively, the "Municipalities"), certain other municipalities in the County, and the County; and WHEREAS the Prior Bonds remain outstanding in the aggregate principal amount of $9,950,000 mature in various principal amounts on November 1 in the years 1999 through 2009 and bear interest at rates per annum that vary from 5.50% to 6.80%; 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 WHEREAS the County has received 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 2000 through 2009 be refunded. NOW THEREFORE BE IT RESOLVED: 1. AUTHORIZATION OF BONDS PURPOSE. Bonds of the County (the "Refunding Bonds") aggregating the principal sum of not to exceed Ten Million Three Hundred Ninety-Five Thousand Dollars ($10,395,000) 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 2000 through 2009. 2. BOND DETAILS. The Refunding Bonds shall be designated Oakland County Refunding Bonds (Evergreen-Farmington Segment I & II); 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 l 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 Commissioners Minutes Continued. July 15, 1999 266 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 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 and 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 Commissioners Minutes Continued. July 15, 1999 267 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 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 SEGMENT I & II) INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County"), acknowledges itself indebted to, and for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at _______________________________________________________________________ the bond registrar and paying agent, or at such successor bond registrar and paying agent Commissioners Minutes Continued. July 15, 1999 268 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 an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from __________, ____, 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 bond is one of a series of bonds aggregating the principal sum of ________________________________________ Thousand 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 (Segment I & II) Bonds, dated December 1, 1990, maturing in the years 2000 through 2009. The bonds of this series are issued in anticipation of, and the principal of and interest on the bonds are payable from, moneys to be received by the County from the City of Bloomfield Hills, the Village of Beverly Hills, the Charter Township of West Bloomfield, the City of Farmington Hills, and the City of Southfield (collectively, the "Municipalities") in payment of their respective obligations to the County under certain contracts (the "Contracts") among the Municipalities, certain 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 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 bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds that have been selected for redemption. Bonds maturing prior to __________, ____, are not subject to redemption prior to maturity. Bonds maturing on and after __________, ____, 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 __________, ____. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows: % of the par value if called for redemption on or after __________ 1, ____, but prior to __________ 1, ____; % of the par value if called for redemption on or after __________ 1, ____, but prior to __________ 1, ____; % of the par value if called for redemption on or after __________ 1, ____, but prior to __________ 1, ____. Not less than thirty days' notice of redemption shall be given to the registered owners of bonds called to be redeemed by mail to each registered owner at the registered address. Bonds or portions of bonds called for redemption Commissioners Minutes Continued. July 15, 1999 269 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 bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board of Commissioners, has caused this 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 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 bond is one of the bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ____________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints _____________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF 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 Commissioners Minutes Continued. July 15, 1999 270 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 an 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 an 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 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, 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 an 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 Commissioners Minutes Continued. July 15, 1999 271 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. 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 (The vote for this motion appears on page 277.) (ADOPTED) * MISCELLANEOUS RESOLUTION #99155 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: INFORMATION TECHNOLOGY - ADDITIONAL COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is anticipated that the project roll out phase of CLEMIS will require Information Technology employees who are overtime exempt (not eligible for overtime) to work extended hours, days and weekends on an ongoing basis for a period up to 24-30 months; and WHEREAS these anticipated demands have prompted discussion between the Personnel Department, Management and Budget and Information Technology regarding additional compensation to offset the inconvenience of providing this level of service for the duration described; and WHEREAS as employees assigned to the CLEMIS effort work in various divisions within Information Technology, and it is important that all staff at Information Technology be treated comparably, it is proposed that additional compensation be provided to all overtime exempt employees at Information Technology (excluding Managers and the Director) for hours worked beyond a 48 hour workweek (hours worked beyond 48 in a workweek must be pre- approved by supervision in order to be compensable) at a straight time hourly rate for the duration of the CLEMIS roll out phase; and WHEREAS as Information Technology has the ability to track the number of hours worked on various projects through its project management system, it is proposed that this additional compensation provision be reviewed after a period of one year to evaluate its effectiveness and to consider continuation for the balance of the CLEMIS roll out period (after which time it is anticipated that this additional compensation will end). Commissioners Minutes Continued. July 15, 1999 272 NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes additional compensation for overtime exempt employees in the Information Technology Department (excluding Managers and the Director) at a straight time hourly rate for all hours worked beyond 48 hours in a workweek (hours worked beyond 48 in a workweek must be pre-approved by supervision in order to be compensable). BE IT FURTHER RESOLVED that this additional compensation is intended for the duration of the CLEMIS roll out phase anticipated to be 24-30 months in duration, however, continuation of this additional compensation will be subject to review and evaluation for continuation by the Board of Commissioners after one year. BE IT FURTHER RESOLVED that a quarterly report to the Finance Committee reflect the overtime usage for this purpose. Chairperson, on behalf of the Finance Committee, I move for the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 277.) (REFERRED TO PERSONNEL COMMITTEE) * MISCELLANEOUS RESOLUTION #99156 BY: General Government Committee, Shelley Taub, Chairperson IN RE: AMENDMENT OF PROFESSIONAL SERVICES CONTRACT WITH POLING, McGAW AND POLING, PC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS from time to time, legal issues arise which require the Board of Commissioners to seek the advice of independent legal counsel; and WHEREAS in May of 1998, the Board of Commissioners contracted with the firm of Poling, McGaw and Poling, PC to provide legal services; and WHEREAS the invitation to bid which resulted in the contract between the parties stated the possibility of an extension of the contract of up to three years; and WHEREAS the contract with Poling, McGaw and Poling expired May 31, 1999; and WHEREAS Poling, McGaw and Poling has provided exemplary service to the Board of Commissioners, and the Board wishes to retain Poling, McGaw and Poling, PC as its legal counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby directs that the contract for legal services with Poling, McGaw and Poling be amended to expire May 31, 2000, at the same price and terms as the first year of the contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Purchasing Division Blanket Purchase Order and Professional Service Contract Number BP001771 with Poling, McGaw and Poling, P.C. on file in County Clerk=s office. (The vote for this motion appears on page 277.) (REFERRED TO FINANCE COMMITTEE) * MISCELLANEOUS RESOLUTION #99157 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: CENTRAL SERVICES/SUPPORT SERVICES - REORGANIZATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Support Services Division is currently composed of the separate functions of Leased Vehicle Operations, Printing, Record Retention, Mail Room, and Radio Communications; and WHEREAS the recent retirement of the Chief of Materials Management has provided the Director - Central Services an opportunity to review operations and required staffing for possible cost savings; and Commissioners Minutes Continued. July 15, 1999 273 WHEREAS the Materials Management Unit currently reports directly to the Director - Central Services; and WHEREAS it is proposed to consolidate the Printing and Materials Management functions organizationally under the Support Services Division and physically at one location (1155 Oakland Avenue); and WHEREAS the consolidation of the units of Printing and Materials Management will also allow the deletion of the vacant position and classification of Chief - Materials Management, and change reporting relationships as shown in the attached proposed organization chart; and WHEREAS with the proposed changes, it is appropriate to reclassify the Supervisor - Store Operations (grade 10) to Supervisor - Materials Management and Printing at salary grade 12; and WHEREAS this proposal would provide a combined salary and office space savings to the general fund of approximately $142,374. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the organizational consolidation of the units of Materials Management and Printing under the Support Services Division, and physically consolidated at one location (1155 Oakland Avenue). BE IT FURTHER RESOLVED that the vacant position and classification of Chief - Materials Management be deleted (position 13850-02117). BE IT FURTHER RESOLVED that the classification and position of Supervisor - Store Operations, grade 10, be reclassified to a new classification titled Supervisor - Materials Management and Printing, grade 12 (position 13850-01966), overtime non-exempt. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of proposed organization chart on file in County Clerk=s office. (The vote for this motion appears on page 277.) (REFERRED TO PERSONNEL COMMITTEE AND FINANCE COMMITTEE) * MISCELLANEOUS RESOLUTION #99158 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: EMERGENCY MANAGEMENT/TORNADO WARNING SYSTEM EXPANSION - TOWNSHIP OF ADDISON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolutions #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 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 Township of Addison has executed the attached purchase agreement; and WHEREAS the Township of Addison has agreed to pay seventy-five percent of the total estimated cost of three (3) sirens; and WHEREAS consistent with the attached standard agreement, the Township of Addison agrees that Oakland County will retain ownership of the sirens and will be responsible for the maintenance and the electrical costs for said sirens purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the appropriation of $12,750. 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 Township of Addison. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. July 15, 1999 274 Copy of Purchase Agreement between the County of Oakland and the Township of Addison on file in County Clerk=s office. (The vote for this motion appears on page 277.) (REFERRED TO FINANCE COMMITTEE) * MISCELLANEOUS RESOLUTION #99159 BY: Public Services Committee, Frank H. Millard, Jr., Chairperson IN RE: CIRCUIT COURT - ACCEPTANCE OF FUNDS REGARDING JUDGE RICHARD KUHN AND SALLY KUHN SCHOLARSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Circuit Judge Richard Kuhn and his wife, Mrs. Sally Kuhn, have generously established a scholarship to benefit law clerks employed by the Circuit Court and enrolled in law school; and WHEREAS funds contributed by Judge Kuhn and Mrs. Kuhn for this purpose will be accepted by the Board of Commissioners as a gift to the County pursuant to MCL 45.556; and WHEREAS the funds will be placed in a general ledger accounts payable designated for Law Clerk Scholarships; and WHEREAS a Scholarship Committee named by Judge Kuhn and Mrs. Kuhn shall be authorized to award the scholarship funds and direct payment by the County to the recipient(s). NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves receiving funds donated for the Judge Richard Kuhn and Sally Kuhn Scholarship as a gift in accordance with MCL 45.556, and that the Scholarship Committee so named is authorized to direct payment to the scholarship recipient(s). Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE (The vote for this motion appears on page 277.) (REFERRED TO FINANCE COMMITTEE) * MISCELLANEOUS RESOLUTION #99160 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: PUBLIC SERVICES/COMMUNITY CORRECTIONS - CREATION OF ONE (1) GF/GP PRETRIAL SERVICES INVESTIGATOR I POSITION FOR THE CLUB >>>>EM PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Community Corrections Division is affected by legislation for repeat offenders and is addressing the significant impact for sentencing and sanctions of drunk and suspended licensed drivers; and WHEREAS the repeat offender legislation will take effect on October 1, 1999, and provides for longer periods of license suspension, vehicle immobilization, vehicle forfeiture, and ignition interlock; and WHEREAS with the new legislation, vehicles can be immobilized for up to 180 days, an increase from the 120 days mandated by current law; and WHEREAS the Club >Em Program in Community Corrections has been providing vehicle immobilization since October of 1998, and the number of monthly immobilizations has increased during 1999; and WHEREAS the new legislation will require district courts to adhere to stricter guidelines regarding the immobilizing of vehicles, and Community Corrections will therefore assist more district courts; and WHEREAS with this new legislation, Community Corrections can now immobilize vehicles for offenses other than the present drunk driving offenses; and WHEREAS due to the increase in vehicle immobilizations, Community Corrections is requesting an additional Pre-Trial Services Investigator I position in the Court Community Service Unit, and program fees will cover the cost of this position. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the creation of one (1) GF/GP Pretrial Services Investigator I position in the Court Community Service Unit. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing resolution. Commissioners Minutes Continued. July 15, 1999 275 PUBLIC SERVICES COMMITTEE (The vote for this motion appears on page 277.) (REFERRED TO PERSONNEL COMMITTEE AND FINANCE COMMITTEE) * MISCELLANEOUS RESOLUTION #99161 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF====S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Rochester Hills has contracted with the Oakland County Sheriff=s Department to provide law enforcement services for the City (Miscellaneous Resolution #98011); and WHEREAS paragraph 23 of this agreement provides that an amendment to this agreement must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the City of Rochester Hills Council; and WHEREAS the City of Rochester Hills is requesting a proposed amendment to the contract (Schedule A-Sheriff=s Deputies Contracted) which would add three (3) Deputy II (no-fill) resulting in a new total of thirty-five (35) Deputy II (no-fill) being contracted and bring the total number of contracted deputies to fifty-three (53); and WHEREAS the Sheriff has agreed to add three (3) Deputy II (no-fill) for the City of Rochester Hills under the terms of this agreement. 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 City of Rochester Hills to increase the number of Deputy II (no-fill) from thirty-two (32) to a new total of thirty-five (35). BE IT FURTHER RESOLVED that three (3) Deputy II position be created in the Contracted Patrol-Rochester Hills Unit, Patrol Services Division of the Sheriff=s Department. BE IT FURTHER RESOLVED that one (1) marked patrol vehicle (with mobile, prep radio and MDT) be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on August 14, 1999. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of City of Rochester Hills, Schedules A and A-1 as Amended, Sheriff=s Deputies Contracted For And To Be Assigned to Municipality, on file in County Clerk=s office. (The vote for this motion appears on page 277.) (REFERRED TO PERSONNEL COMMITTEE AND THE FINANCE COMMITTEE) * REPORT (Misc. #99162) BY: Public Services Committee, Frank Millard, Chairperson IN RE: AMEND SHERIFF====S DEPARTMENT - CONTRACT AMENDMENT TO RECLASSIFY ONE (1) DEPUTY II (NO-FILL) PATROL SERGEANT POSITION FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having received a request from the City of Rochester Hills to amend the expansion of the Law Enforcement Services Contract with Rochester Hills, recommends that the resolution before the Oakland County Board of Commissioners today, be amended as shown on the attached resolution, which contains the proposed amendments. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE Copy of resolution showing proposed amendments on file in County Clerk=s office. MISCELLANEOUS RESOLUTION #99162 Commissioners Minutes Continued. July 15, 1999 276 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT TO RECLASSIFY ONE (1) DEPUTY II (NO-FILL) TO A PATROL SERGEANT POSITION FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Rochester Hills has contracted with the Oakland County Sheriff=s Department to provide law enforcement services for the City (Miscellaneous Resolution #98011); and WHEREAS paragraph 23 of this agreement provides that an amendment to this agreement must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the City of Rochester Hills Council; and WHEREAS the City of Rochester Hills is requesting a proposed amendment to the contract (Schedule A-Sheriff=s Deputies Contracted) which would upgrade one (1) Deputy II (no-fill) to a Patrol Sergeant position resulting in a new total of thirty-two (32) Deputy II (no-fill) and six (6) Patrol Sergeants being contracted and keep the total number of contracted deputies to fifty (50); and WHEREAS the Sheriff has agreed to reclassify one (1) Deputy II (no-fill) to a Patrol Sergeant for the City of Rochester Hills under the terms of this agreement. 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 City of Rochester Hills to reclassify one (1) Deputy II (no-fill), (Position #43617- ) to a Patrol Sergeant position, in Patrol Services/Contracted Patrol/Rochester Hills. BE IT FURTHER RESOLVED that this amendment will take effect on August 14, 1999. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of City of Rochester Hills, Schedules A and A-1, as Amended, Sheriff=s Deputies Contracted for and to be Assigned to Municipality on file in County Clerk=s office. (The vote for this motion appears on page 277.) (REFERRED TO PERSONNEL COMMITTEE AND THE FINANCE COMMITTEE) * MISCELLANEOUS RESOLUTION #99163 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: EMERGENCY MANAGEMENT - TENTATIVE AMENDED 9-1-1 SERVICE PLAN FOR THE COUNTY OF OAKLAND AND AUTHORIZATION TO LEVY EMERGENCY TELEPHONE OPERATIONS SURCHARGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #86245 (dated August 21, 1986), adopted the Final 9-1-1 Service Plan for Oakland County pursuant to the Emergency Telephone Services Enabling Act, Michigan Public Act 32 of 1986, thereby authorizing County-wide 9-1-1 service to be implemented in Oakland County; and WHEREAS the Oakland County 9-1-1 system became operational November 14, 1988; and WHEREAS since 1988 there have been many technological and legislative changes regarding 9-1-1 systems, as well as revised requirements identified by Oakland County public safety agencies and supported by the Oakland County Board of Commissioners, providing for greater interoperability of public safety telecommunications and radio communications systems; and WHEREAS recently passed statutes mandate that all final 9-1-1 service plans in the State of Michigan be amended to address the requirements of the Wireless Service Order issued by the Federal Communications Commission; and WHEREAS these changes and mandates necessitate amendments to the original Final 9-1-1 Service Plan for the County of Oakland; and Commissioners Minutes Continued. July 15, 1999 277 WHEREAS a county may amend its Final 9-1-1 Service Plan by complying with the procedures prescribed in Section 312 of the Emergency Telephone Service Enabling Act, Michigan Public Act 32 of 1986, as amended; and WHEREAS by Miscellaneous Resolution #99045, the Board of Commissioners established an Ad Hoc 9-1-1 Advisory Committee to formulate proposed changes to the 9-1-1 Emergency Communications Plan for future adoption by the Board of Commissioners; and WHEREAS the Ad Hoc 9-1-1 Advisory Committee has formulated proposed changes and incorporated them into the document entitled the Tentative Amended 9-1-1 Service Plan for the County of Oakland with favorable recommendation for the adoption by the Board of Commissioners; and WHEREAS Public Act 29 of 1994 enables the Board of Commissioners to authorize a telephone surcharge up to four (4%) percent for emergency telephone operations; and WHEREAS the Board of Commissioners, by Miscellaneous Resolution #98308 dated December 10, 1998, authorized the levy of the aforementioned surcharge contingent upon a thorough investigation as to availability of an alternate source of funds; and WHEREAS a comprehensive financial and operational review of County finances has been performed by the Department of Management and Budget in conjunction with development of the County Executive=s Fiscal Year 2000 and Fiscal Year 2001 Biennial Budget Recommendation with the determination that an alternative source of funds is not available; and WHEREAS the County Executive recommends adoption of the attached Tentative Amended 9-1-1 Service Plan for the County of Oakland and authorization of the various telephone companies throughout the County to levy a four (4%) percent surcharge for emergency telephone companies which would generate sufficient funds (approximately $6 million annually) to address the interoperability requirements of all public safety agencies in Oakland County. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves and adopts the attached Tentative Amended 9-1-1 Service Plan for the County of Oakland. BE IT FURTHER RESOLVED that upon final approval of the Tentative Amended 9- 1-1 Service Plan for the County of Oakland, the Board of Commissioners authorizes the various telephone companies throughout the County to levy four (4%) percent surcharge for emergency telephone operations which would generate sufficient funds (approximately $6 million annually) to address the interoperability requirements of all public safety agencies in Oakland County. BE IT FURTHER RESOLVED that consistent with the Emergency Telephone Service Enabling Act, Michigan Public Act 32 of 1986, as amended, a Public Hearing will be held regarding the Final Amended 9-1-1 Service Plan for the County of Oakland on November 18, 1999, at 10:00 a.m. Eastern Standard Time in the Board of Commissioners Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Tentative Amended 9-1-1 Service Plan for the County of Oakland on file in County Clerk=s office. (REFERRED TO FINANCE COMMITTEE) Vote for resolutions on Consent Agenda: AYES: Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos. (22) NAYS: None. (0) A sufficient majority having voted therefor, the Consent Agenda motion carried. MISCELLANEOUS RESOLUTION #99164 BY: Finance Committee, Sue Ann Douglas, Chairperson Commissioners Minutes Continued. July 15, 1999 278 IN RE: DEPARTMENT OF CENTRAL SERVICES/LEASED VEHICLES TEMPORARY FLEET EXPANSION OF ONE (1) VAN FOR COMMUNITY CORRECTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolutions #93230 and #94357, the Oakland County Board of Commissioners adopted a Leased Vehicle Policy requiring that additions to the County fleet be approved by the Board of Commissioners; and WHEREAS the Sheriff=s Department is currently leasing one (1) fully depreciated van from the County fleet which is scheduled to be traded in for a new vehicle within the month; and WHEREAS this van is acceptable for the current Community Corrections needs and can be reassigned to the Community Corrections Division at a lease cost of approximately $250 per month; and WHEREAS the WAM Program is generating sufficient revenues to cover the additional Leased Vehicle monthly charges by the Motor Pool; and WHEREAS because the Sheriff=s Department will receive a replacement van, these reassignments will temporarily expand the fleet. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the temporary expansion of the County Vehicle Fleet by reassigning one (1) fully depreciated van from the Sheriff=s Department to the Community Corrections Division. BE IT FURTHER RESOLVED that due to the age of the vehicle, any future repair expense in excess of $1,000 shall be absorbed by the Community Corrections Division. BE IT FURTHER RESOLVED that because the reduced monthly charge for a fully depreciated vehicle does not contemplate eventual replacement, such vehicles shall be disposed of in the County auction at the conclusion of their useful economic life without provision for a replacement vehicle, thereby automatically reducing the size of the County vehicle fleet. BE IT FURTHER RESOLVED that sufficient revenue is available in Community Corrections to cover the charges for the three months remaining in Fiscal Year 1999. BE IT FURTHER RESOLVED that amendments for Fiscal Year 2000 and Fiscal Year 2001 Budgets will be recommended during the Finance Committee=s budget review process. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Gregory the resolution be adopted. AYES: Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99165 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AUTHORIZATION TO PROCEED AND APPROPRIATION FOR THE COURTHOUSE NORTHWEST REPAVE AND EXPAND PARKING LOT - PROJECT 98-17N To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 1999 Capital Improvement Program includes funding for parking lot repaving; and WHEREAS in accordance with Purchasing Division procedures, bids for the repaving and expansion of the courthouse northwest lot project were received and reviewed; and WHEREAS the lowest responsible bidder was T & M Asphalt Paving of Milford, Michigan in the amount of $462,715.75 for the courthouse northwest parking lot; and WHEREAS total project costs of $538,000 are available in the Building Fund (401). Commissioners Minutes Continued. July 15, 1999 279 NOW THEREFORE BE IT RESOLVED the Board of Commissioners give project authorization and approve the transfer of funds from the Capital Improvement Fund (401) to the Project Work Order Fund (404) to establish the Courthouse Northwest Parking Lot Repaving Project. BE IT FURTHER RESOLVED that the budgets be amended as follows: Building Improvement Fund #401 FY1999 3-14-210006-10000-8001 Oper. Transf. Out ($538,000) Project Work Order Fund #404 3-14-310007-89053-1701 Oper. Transf. In $538,000 Total $ 0 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (Misc. #99165) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: AWARD OF CONTRACT FOR THE 1999 PARKING LOT REPAVING PROGRAM - COURTHOUSE NORTHWEST PARKING LOT, PROJECT 98-17N To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed on July 6, 1999, the bids received for the above-referenced project reports with the recommendation that the County enter into a contract with T & M Asphalt Paving in the amount of $462,715.75. The Committee further recommends funding the total project cost of $538,000, 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 Jensen the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Douglas supported by Jensen the resolution be adopted. AYES: Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99166 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AUTHORIZATION TO PROCEED AND APPROPRIATION FOR THE SOUTH OAKLAND HEALTH REPAVE PARKING LOT AND IMPROVED LIGHTING PROGRAM - PROJECT 98-17S To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 1999 Capital Improvement Program includes funding for parking lot repaving; and WHEREAS in accordance with Purchasing Division procedures, bids for the repaving and lighting improvements of the south Health parking lot project were received and reviewed; and WHEREAS the lowest responsible bidder was Thompson/McCully Company of Clarkston, Michigan in the amount of $231,172.80 for the South Oakland Health parking lot; and WHEREAS total project costs of $265,000 are available in the Building Fund (401), including the contract award of $231,172.80, administrative expenses of $500, landscape repair expenses of $3,000, and contingency of $30,327.20. Commissioners Minutes Continued. July 15, 1999 280 NOW THEREFORE BE IT RESOLVED the Board of Commissioners give project authorization and approve the transfer of funds from the Capital Improvement Fund (401) to the Project Work Order Fund (404) to establish the South Oakland Health Parking Lot Repaving and Lighting Improvement Project. BE IT FURTHER RESOLVED that the budgets be amended as follows: Building Improvement Fund #401 FY1999 3-14-210006-10000-8001 Oper. Transf. Out ($265,000) Project Work Order Fund #404 3-14-310007-87053-1701 Oper. Transf. In $265,000 Total $ 0 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (Misc. #99166) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: AWARD OF CONTRACT FOR THE 1999 PARKING LOT REPAVING PROGRAM - SOUTH HEALTH PARKING LOT, PROJECT 98-17S To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed on July 6, 1999, the bids received for the above-referenced project, reports with the recommendation that the County enter into a contract with Thompson/McCully Company in the amount of $231,172.80. The Committee further recommends funding the total project cost of $265,000, 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 Millard the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Douglas supported by Millard the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99167 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - ALLOCATION FOR ENHANCED ACCESS MARKETING CONTRACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as provided by Public Act 462 of 1996 - Enhanced Access to Public Records Act, the Board of Commissioners, by approving Miscellaneous Resolution #97165 on August 14, 1997, adopted the Oakland County Enhanced Access to Public Records Policy; and WHEREAS over 83 million Americans, nearly 31 percent of the country=s population, have on-line access, according to IntelliQuest, a provider of information regarding technology services; and WHEREAS this cultural shift reflects the potential for on-line distribution of information and services continues to increase at an astounding rate; and WHEREAS policy makers would be wise to quickly seize the opportunity to leverage Oakland County=s status of being the only county to offer such services that further enhance high-quality business interests and economic development; and Commissioners Minutes Continued. July 15, 1999 281 WHEREAS an effective marketing program is essential to ensure that Oakland County=s leading-edge e-commerce tools are utilized to enhance the image of the County while, simultaneously, reaching and educating potential users about their benefits; and WHEREAS the Administration, in conjunction with the Purchasing Division, solicited proposals for an Enhanced Access Marketing Program, with seven firms responding, three selected for presentation, and Caponigro Public Relations, Inc. selected as the preferred vendor; and WHEREAS the proposed contract, covering the period August 1, 1999 thru July 31, 2000, amounts to $100,000, with $25,000 requested to be allocated in the Fiscal Year 1999 Budget and $75,000 allocated in the Fiscal Year 2000 Budget; and WHEREAS the Board of Commissioners, by Miscellaneous Resolutions #98241 and #99055, established enhanced access fee structure for several e-commerce products, including Mortgage Application Acceleration Program (MAAP), Parcel Attribute Query and Mini Ad Hoc Query which are anticipated to generate sufficient County revenue to more than cover the cost of the proposed marketing program; and WHEREAS the County Executive recommends approval of this resolution. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the development and implementation of an effective enhanced access marketing program to ensure that Oakland County=s leading-edge e-commerce tools are utilized to enhance the image of the County while, simultaneously, reaching and educating potential users about their benefits. BE IT FURTHER RESOLVED that the Fiscal Year 1999-Fiscal Year 2000 Biennial Budget be amended as follows: FY 1999 FY 2000 Information Technology Revenue: 18-636171-25000-0979 Enhanced Access $25,000 $75,000 Information Technology Expense: 18-636172-15000-3348 Professional Services $25,000 $75,000 $ 0 $ 0 Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Moffitt the resolution be adopted. AYES: Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99168 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: MANAGEMENT AND BUDGET/PURCHASING DIVISION - AUTHORIZATION TO PURCHASE GOODS USING PURCHASING CARDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Purchasing Division is desirous to establish a purchasing card program for purchase of goods costing less than $500; and WHEREAS use of purchasing cards will improve departmental operating efficiency, emergency response time and reduce number of financial transactions processed and checks issued; and WHEREAS Act 266 of Public Acts of 1995 authorizes and regulates credit card transactions involving local units of governments by officers and employees; and WHEREAS Act 266 requires the County Board of Commissioners to adopt by resolution a written policy that provides the following: C Designation of an employee or officer to oversee compliance, C Restrictions on use of purchasing cards for official business, C Documentation detailing goods, cost, date, and purpose, on purchase, C Protection and custody of card, procedure for lost and stolen cards, Commissioners Minutes Continued. July 15, 1999 282 C Termination of card if officer or employee is terminated, C System of internal accounting controls to monitor use, C Procedure for approval of purchasing card invoices before payment, C Balance including interest due be paid within 60 days of the initial statement date, C Disciplinary measures consistent with law for the unauthorized use of a purchasing card; and WHEREAS a policy has been developed for Oakland County in accordance with State law (see Attachment A ); and WHEREAS various purchasing card systems have been reviewed by representatives of Purchasing, Fiscal Services and the Oakland County Treasurer=s Office; and WHEREAS Comerica has been chosen as the Commercial Card Service provider. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Oakland County Purchasing Card Policy per Attachment A . BE IT FURTHER RESOLVED that all purchasing cards, credit cards and charge accounts in the name of Oakland County must be reviewed, processed and monitored by the Program Administrator as specified in the Purchasing Card Policy. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Department of Management and Budget to enter into an agreement on behalf of Oakland County. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Attachment A on file in County Clerk=s office. Moved by Douglas supported by Garfield the resolution be adopted. Moved by Garfield supported by Millard the resolution be amended, in the Purchasing Card Policies & Procedures, 10.0, VERIFICATION OF CHARGES:, by adding the following: 10.6 All purchase documentation must be submitted by the Cardholder to the Card Administrator within 30 days of transaction. Chairperson McCulloch, as a friendly amendment, added the following language to the Cardholder Agreement: 9. I agree to turn in documentation regarding purchases to my supervisor or department on a timely basis within 30 days of purchase. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Galloway, Garfield, Gregory, Jensen, Law, McCulloch, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Amos, Causey-Mitchell, Devine, Dingeldey, Douglas. (19) NAYS: McPherson, Taub, Colasanti. (3) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #99169 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS - AWARD OF CONTRACT FOR FISCAL YEAR 1999 THROUGH FISCAL YEAR 2003 AUDITS, WITH OPTION THROUGH FISCAL YEAR 2005 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County has adopted the practice of hiring independent public accounting firms to audit the County=s financial reports; and WHEREAS the Audit Subcommittee has reviewed proposals submitted by various firms and recommends contracting with Pricewaterhouse Coopers to conduct the annual independent audit of the County=s financial records for the fiscal year ending September 30, 1999 through the fiscal year ending September 30, 2003, with an option to include Fiscal Year 2004 and Fiscal Year 2005. Commissioners Minutes Continued. July 15, 1999 283 NOW THEREFORE BE IT RESOLVED that the Board of Commissioners awards a contract to Pricewaterhouse Coopers to conduct the annual independent audit of the County=s financial records for the fiscal year ending September 30, 1999 through the fiscal year ending September 30, 2003, with an option to include Fiscal Year 2004 and Fiscal Year 2005. BE IT FURTHER RESOLVED that should the Community Mental Health Authority Board use Pricewaterhouse Coopers to provide the annual audit of Community Mental Health, that this contract provision be included in the County=s contract with Pricewaterhouse Coopers as an annual option. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (Misc. #99169) BY: Audit Subcommittee, Sue Ann Douglas, Chairperson IN RE: RECOMMENDATION FOR AWARD OF CONTRACT TO PERFORM OUTSIDE AUDITING SERVICES FOR THE COUNTY OF OAKLAND To the Finance Committee Chairperson, Ladies and Gentlemen: The Audit Subcommittee, having reviewed the responses to the Request for Proposals to provide outside auditing services for the County of Oakland for the fiscal years ending September 30, 1999, through September 30, 2003, with an option for the years 2004 and 2005, reports with the recommendation that the contract be awarded to Pricewaterhouse Coopers. The Audit Subcommittee also recommends that alternate #1, the price evaluation figures for audit of Community Mental Health, be provided to the Community Mental Health Board for consideration in the selection of their auditor. The Audit Subcommittee further recommends that should the Community Mental Health Board use Pricewaterhouse Coopers to provide for their annual audit of Community Mental Health, that this contract provision be included in the County=s contract with Pricewaterhouse Coopers as an annual option. Chairperson, on behalf of the Audit Subcommittee, I move the acceptance of the foregoing report. AUDIT SUBCOMMITTEE Moved by Douglas supported by Law the Audit Subcommittee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Douglas supported by Law the resolution be adopted. AYES: Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99170 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT - 1999 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #98126, the Sheriff Department applied to the Automobile Theft Prevention Authority (ATPA) for $450,556 in grant funding for the period January 1, through December 31, 1999; and WHEREAS the ATPA has awarded Oakland County with a calendar year 1999 grant in the amount of $420,818, or 93.4% of the application amount; and WHEREAS as detailed on the attached schedule, of the total award, $346,171 will fund Oakland County operations including four (4) Deputy II positions, this is the same staffing level as the 1998 award; and Commissioners Minutes Continued. July 15, 1999 284 WHEREAS the remaining $74,647 will fund one (1) Police Officer and vehicle for the City of Pontiac; and WHEREAS the total program effort of $420,818 is funded by a $289,317 grant from ATPA, a $108,175 match from Oakland County, of which $20,000 will come from the Auto Theft Forfeiture Account, and a $18,371 match from the City of Pontiac; and WHEREAS funding is available in the Sheriff's Department Grant Match line- item and the Auto Theft Forfeiture General Ledger Account to cover the required match, no additional appropriation is required; and WHEREAS the grant award is only $29,738 (6.6%) less than the original application; and WHEREAS acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1999 Automobile Theft Prevention Authority Grant in the amount of $420,818 with a County match of $108,175, of which $20,000 will come from the Auto Theft Forfeiture Account, and a participating jurisdiction match of $23,326. BE IT FURTHER RESOLVED that the 1998 Grant Revenue and Expenditure Budget be amended to reflect the 1999 award. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to sign the grant agreement and to approve grant modifications and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. BE IT FURTHER RESOLVED that the future level of service, including personnel, is contingent upon continued grant funding for this program. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Oakland County Auto Theft Squad Budget Detail, 1998 Award vs. 1999 Application, on file in County Clerk=s office. Moved by Douglas supported by Causey-Mitchell the resolution be adopted. AYES: Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99171) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: OAKLAND COUNTY JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT ACCEPTANCE (JAIBG) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on July 7, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Commissioners Minutes Continued. July 15, 1999 285 REPORT (Misc. #99171) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: OAKLAND COUNTY JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT ACCEPTANCE (JAIBG) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution on July 15, 1999, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE REPORT (Misc. #99171) BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: OAKLAND COUNTY JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT ACCEPTANCE (JAIBG) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above-referenced resolution on July 15, 1999, reports with the 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 #99171 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: OAKLAND COUNTY JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT ACCEPTANCE (JAIBG) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County submitted a multi-departmental grant application under the Juvenile Accountability Incentive Block Grant Program to the Michigan Family Independence Agency for assistance in increasing the accountability of juvenile criminal offenders; and WHEREAS the Michigan Family Independence Agency approved the application and awarded Oakland County a Federal pass-through grant totaling $502,921 of which $452,629 is from the State, as a Federal pass-through, and the balance, $50,292 is the County's match amount; and WHEREAS the grant award provides funding for the creation of four (4) new positions which include one (1) SR Probation Officer I position for the Prosecutor's Teen Court Program, one (1) SR Pretrial Services Investigator II position, one (1) SR Pretrial Services Investigator I position and one (1) Typist I position for Community Correction's In-Step Program; and WHEREAS the award also provides funding for operating, construction and capital expenses as detailed in Schedule A; and WHEREAS the County match is available from funds allocated to the non-departmental Tax Tribunal Appeals account which is no longer required due to a reduction in activity; and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the contract has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Juvenile Accountability Incentive Block Grant (JAIBG) in the total amount of $502,921, $452,629 from the State and $50,292 as the required County Match for the period of June 1, 1999 through May 31, 2000, once insurance and indemnification provisions acceptable to the County have been negotiated. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes the creation of one (1) SR Probation Officer I position for the Teen Court program, in the Juvenile Unit of the Prosecutor's Office. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners also authorizes the creation of one (1) Pretrial Services Investigator II position, one (1) Pretrial Services Investigator I position, and one (1) Typist I position for the In-Step Program in the Court Community Services Unit of the Community Corrections Division. Commissioners Minutes Continued. July 15, 1999 286 BE IT FURTHER RESOLVED the 1999 Adopted Budget be amended as follows: Grant Funding Sources 17-305001-70500-0171 Grants-State $452,629 17-402220-70111-2872 Grant Match 50,292 $502,921 Grant Appropriations Children's Village 16-xxxxxx-25001-2556 Construction 86,667 16-xxxxxx-25001-4100 Expendable Equipment 17,426 Community Corrections In-Step Program 17-305002-70500-2001 Salaries 77,445 17-305002-70500-2075 Fringes 34,290 17-305002-70500-2556 Construction 32,052 17-305002-70500-3324 Printing 1,500 17-305002-70500-6675 Telephone Communications 2,660 Juvenile Court 34-800200-40012-3348 S.T.A.R.T. Program 116,077 34-800200-40013-3348 JAMS Program 75,000 Prosecuting Attorney Teen Court Program 41-270001-221001-2001 Salaries 37,102 41-270001-221001-2075 Fringes 14,564 41-270001-221001-4100 Expendable Equipment 3,142 41-270001-221001-6637 Info Tech Equipment Rental 2,336 41-270001-221001-6675 Telephone Communications 2,660 $502,921 Grant Match Transfer General Fund 90-211000-21000-9009 Tax Tribunal Appeals ($ 50,292) Grant Fund 17-402220-70111-2872 Grant Match 50,292 $ 0 BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that future level of service, including personnel, will be contingent upon the level of funding available from the State for this program. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Schedule A, with attachments, on file in County Clerk=s office. Moved by Douglas supported by Schmid the Personnel Committee, Planning and Building Committee and Public Services Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Douglas supported by Schmid the resolution be adopted. AYES: Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99172 BY: General Government Committee, Shelley Taub, Chairperson IN RE: PARKS & RECREATION MILLAGE, 2002 - 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the one-quarter voted millage for the Oakland County Parks and Recreation areas in Oakland County will expire after the year 2001; and Commissioners Minutes Continued. July 15, 1999 287 WHEREAS the Oakland County Parks and Recreation Commission has requested the question to be placed on the ballot at the August 8, 2000 Primary Election for the continuation of the one-quarter (1/4) mill for an additional ten (10) years for the purpose of improving and/or constructing suitable parks and recreation facilities. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, State of Michigan, as follows: That there shall be submitted to the Electors of the County of Oakland at the Primary August Election to be held on the 8th day of August, 2000, from 7:00 a.m. to 8:00 p.m., Eastern Daylight Savings Time, the following proposition: Shall the constitutional tax limitation on the total amount of general ad valorem taxes which may be imposed each year for all purposes upon real and tangible personal property in Oakland County, Michigan, be increased as provided in Section 6, Article IX of the Constitution of Michigan for a period of ten (10) years from 2002 to 2011 both inclusive, by one-quarter (1/4) mill, twenty-five (254) cents per One Thousand ($1,000.00) Dollars of the assessed valuation as finally equalized for the purpose of acquiring, developing, operating and maintaining parks and recreation areas in Oakland County, Michigan (such increase being a renewal of the one-quarter (1/4) mill increase which expires in 2001) That each City and Township Clerk shall give notice of the submission of the aforesaid proposition by including same in the election notice for the said Primary August Election, which notice shall contain the statement of the Oakland County Treasurer as to previously voted tax limitation increases affecting property within the County of Oakland. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Taub supported by Palmer the resolution be adopted. AYES: Jensen, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99173) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PARKS & RECREATION - REORGANIZATION AND RELATED PERSONNEL ACTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on July 7, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #99173 BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: PARKS & RECREATION - REORGANIZATION AND RELATED PERSONNEL ACTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks & Recreation Department proposes a reorganization of their management team to better identify the tasks being performed and the responsibilities of administrative positions; and WHEREAS the department seeks to better serve their customers through a management structure that increases management efficiency and effectiveness and that customers can identify services with; and WHEREAS new titles and classification changes will clarify the roles and functions of the operations; and Commissioners Minutes Continued. July 15, 1999 288 WHEREAS funding for the reorganization will come from the Parks & Recreation Fund. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the reorganization of the Parks & Recreation management team. BE IT FURTHER RESOLVED to reclassify one (1) Chief-Parks & Recreation Administrative Services position (#53401-00824), salary grade 17, to a new classification titled Administrator-Parks & Recreation Administrative Services, salary grade 18, OT exempt. BE IT FURTHER RESOLVED to reclassify one (1) Chief-Park Operations position (#53401-03167), salary grade 15, to a new classification titled Administrator- Parks & Recreation Operations, salary grade 18, OT exempt. BE IT FURTHER RESOLVED to retitle the classifications of Assistant Manager- Parks & Recreation to Assistant Administrator-Parks & Technical Support (position #53401-02405), one (1) Chief of Landscape Services position (#53401-02677) to Chief of Golf, and Architectural Engineer III to Chief of Design & Development (position #53401-01225). BE IT FURTHER RESOLVED to delete three classifications from the salary schedule titled Chief-Parks & Recreation Administrative Services, Chief-Park Operations, and Assistant Manager-Parks & Recreation. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #99173) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PARKS & RECREATION - REORGANIZATION AND RELATED PERSONNEL ACTIONS 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 Parks & Recreation Department has requested a reorganization of its management team. 2. The reorganization consists of reclassifying one (1) Chief-Parks & Recreation Administrative Services position (#53401-00824), salary grade 17, to a newly created classification titled Administrator- Parks & Recreation Administrative Services, salary grade 18, OT exempt. 3. Reclassifying one (1) Chief-Park Operations position (#53401-03167), salary grade 15, to a new classification titled Administrator-Parks & Recreation Operations, salary grade 18, OT exempt. 4. Retitling the classifications of Assistant Manager-Parks & Recreation to Assistant Administrator-Parks & Technical Support (position #53401-02405), one (1) Chief of Landscape Services position (#53401-02677) to Chief of Golf and Architectural Engineer III to Chief-Design and Development (position #53401- 01225). 5. Funding for the reorganization is available in the Parks & Recreation 1999 Adopted Budget, therefore no amendments are needed. Funding for the 2000 Recommended Budget is available in the Parks & Recreation fund balance. An amendment will be recommended at the Parks & Recreation budget hearing. FINANCE COMMITTEE Moved by Taub supported by Melton the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Melton the resolution be adopted. AYES: Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. July 15, 1999 289 REPORT (Misc. #99142) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS - CREATION OF NEW POSITIONS FOR THE REAL ESTATE AND CASHIERING UNIT AND THE PLAT REVIEW UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on July 7, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #99142 BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS - CREATION OF NEW POSITIONS FOR THE REAL ESTATE AND CASHIERING UNIT AND THE PLAT REVIEW UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Register of Deeds Division has experienced a significant increase in workload due to the increase in home purchases and the refinancing of mortgages; and WHEREAS the Register of Deeds processes approximately 2,000 documents a day, and subdivisions continue to be developed for condominiums and homes; and WHEREAS Register of Deeds has utilized temporary agency staff to assist with processing incoming documents and has not fallen further behind in workload, however, they have not eliminated the existing six month backlog; and WHEREAS the Register of Deeds is implementing a new indexing system and is making the transition from the old indexing system to the new system; and WHEREAS the Personnel Department has worked closely with the Register of Deeds Division to assess the staffing needs of the division and recommends additional positions and one reclassification to accommodate increased workload. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the creation of one (1) GF/GP Real Estate Recording Clerk position, one (1) GF/GP Cashier position, two (2) GF/GP Typist II positions, and the reclassification of one Typist II position (position #21401-01204) to Cashier in the Real Estate/Cashiering Unit. BE IT FURTHER RESOLVED that one (1) GF/GP Engineering Technician position be created within the Plat Review Unit. BE IT FURTHER RESOLVED that the Plat Engineer classification be removed from the Salary Administration Plan, the salary changed to a flat rate of $25 per hour, and the position changed from full-time eligible to part-time non-eligible (520 hours/yr). Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #99142) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS - CREATION OF NEW POSITIONS FOR THE REAL ESTATE AND CASHIERING UNIT AND THE PLAT REVIEW UNIT 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 Register of Deeds Division has experienced a significant increase in workload due to the increase in real estate activity. Due to the increased activity, additional personnel are needed to process the associated documents. 2. The only additional operation cost associated with the new positions is for telephones. Enough favorability exists within the Register of Deeds telephone communications budget to cover the additional cost ($1,995 annually). Sufficient space, furniture, and computer equipment are currently available at the Register of Deeds to accommodate the additional personnel. Commissioners Minutes Continued. July 15, 1999 290 3. In Fiscal Year 1999, there exists enough favorability in the Register of Deeds Controllable Personnel budget, due to turnover, to cover the costs of the positions. The partial year personnel costs total $28,668, which includes $21,243 for salaries and $7,425 for fringe benefits. 4. In Fiscal Year 2000, the increased activity is projected to produce an increase in revenue sufficient to fully cover the expense of the new positions. The Fiscal Year 2000 personnel costs total $142,314, which includes $104,128 for salaries and $38,186 for fringe benefits. Budget amendments for Fiscal Year 2000 and Fiscal Year 2001 will be recommended during the Finance Committee=s budget review process. FINANCE COMMITTEE Moved by Taub supported by Suarez the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Suarez the resolution be adopted. AYES: McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99174 BY: Personnel Committee, Thomas Law, Chairperson IN RE: PERSONNEL DEPARTMENT - CHANGES TO MERIT RULE 20 - TUITION REIMBURSEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the method of distribution of tuition reimbursement to employees has been changed; and WHEREAS the attached change to Merit Rule 20.3.1.1. - Employment Status will keep with the intent and purpose of the original rule, by allowing that only current employees are eligible to receive reimbursement; and WHEREAS the County will benefit by allowing employees who are members of the State Bar to be reimbursed for law school classes taken to enhance their County job; and WHEREAS the attached proposed change to Merit Rule 20.6.1 - Law School Courses will assist in providing such job enhancement. NOW THEREFORE BE IT RESOLVED that the Chairperson of this Board, on behalf of the County of Oakland, is authorized to execute the Merit System Rule changes, consistent with the provisions of Miscellaneous Resolution #4606, Section IV, A. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Proposed Change in Merit System Rule on file in County Clerk=s office. The Chairperson stated that by Statute, the resolution shall lay over for thirty (30) days. MISCELLANEOUS RESOLUTION #99175 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: DEPARTMENT OF PERSONNEL/HUMAN RESOURCES - CHANGE TO MERIT SYSTEM RULE 2.2 - SALARY GRADE PLACEMENT REVIEWS AND APPEALS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes in the rules and regulations of the Merit System shall be submitted to the Board of Commissioners at a regular meeting of the Board and Commissioners Minutes Continued. July 15, 1999 291 shall become effective thirty (30) days after such meeting unless objection is received in writing by the Chairperson of the Board of Commissioners, in which case the objection shall become a matter of business at the next meeting of the Board; and WHEREAS it has become desirable to make changes to Merit Rule 2.2 regarding the appeals of salary grade determinations made by the Personnel Department as spelled out in the attachments to this resolution; and WHEREAS currently the rule does not specify any time frames for appeals of these studies; and WHEREAS this revision involves the addition of specific time frames of 21 calendar days from the date of the notice prepared by the Personnel Department for submission of such appeals. NOW THEREFORE BE IT RESOLVED that the reading of this notice and the attached copies of the proposed changes to Merit Rule 2.2, to all Commissioners present and absent, be considered as the official submission to the Board of Commissioners of the described changes to Merit Rule 2.2. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Proposed Change in Merit System Rule on file in County Clerk=s office. The Chairperson stated that by Statute, the resolution shall lay over for thirty (30) days. REPORT (Misc. #99101) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: RETIREMENT HEALTH CARE BENEFITS FOR EMPLOYEES IN THE DEFINED BENEFIT RETIREMENT PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: The Finance Committee, having reviewed Miscellaneous Resolution #99101, reports with the recommendation that it concurs with the Personnel Committee=s report that Miscellaneous Resolution #99101 be amended in the NOW THEREFORE BE IT RESOLVED paragraph as stated and in addition that the same paragraph be amended by deleting the reference to the 25th birthday and inserting --19th birthday--. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE REPORT (Misc. #99101) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: RETIREMENT HEALTH CARE BENEFITS FOR EMPLOYEES IN THE DEFINED BENEFIT RETIREMENT PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on June 2, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted after amending the NOW THEREFORE BE IT RESOLVED paragraph as follows: Dependent children of the retiree, are eligible for continued health coverage after the retiree=s death if they were covered by the retiree=s health plan at the time of death and continue as dependents under the spouse who was the spouse of record at the time of retirement, subject to the requirements of the health plan. In the case where a spouse of record is not named at the time of retirement, but a dependent child is named for health coverage IN THE CASE WHERE THERE IS NO SPOUSE OF RECORD AT THE TIME OF RETIREMENT BUT THERE ARE DEPENDENT CHILDREN, the dependent child will be eligible for continued health coverage upon the retiree=s death through the end of the year in which they have their 25th birthday, if they were covered by the retiree=s health plan at the time of death. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #99101 Commissioners Minutes Continued. July 15, 1999 292 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: RETIREMENT HEALTH CARE BENEFITS FOR EMPLOYEES IN THE DEFINED BENEFIT RETIREMENT PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #94292, adopted by the Board of Commissioners on October 27, 1994 and signed by County Executive L. Brooks Patterson on November 3, 1994, defines retirement health coverage for all employees; and WHEREAS Miscellaneous Resolution #94292 states the level of retirement health coverage is determined by the date of hire and number of years of actual service; and WHEREAS the intent of Miscellaneous Resolution #94292 was to provide employees choosing to transfer to the Defined Contribution Retirement Plan no loss of retirement health coverage; and WHEREAS an inconsistency has been found in the retirement health coverage for named beneficiaries between Defined Benefit and Defined Contribution Retirement plan participants; and WHEREAS eliminating this inconsistency may benefit the named beneficiaries and dependent children of long term employees; and WHEREAS on September 26, 1996, the Oakland County Employees= Retirement Board recommended this Board amend Miscellaneous Resolution #94292 to provide health coverage for named beneficiaries after the retirement allowance stops for all options of the Defined Benefit Retirement Plan; and WHEREAS this recommendation was analyzed by the actuarial firm of Gabriel, Roeder, Smith and Company; and WHEREAS the actuary reported there is no need to appropriate funds to implement this change. NOW THEREFORE BE IT RESOLVED that Miscellaneous Resolution #94292 be amended as follows: Defined Benefit Plan - Retirement health care covers the employee and their spouse of record at the time of retirement, both for their lifetime. If the retiree dies, the spouse will continue to receive health coverage as long as the spouse was the spouse of record at the time of retirement and was covered by the retiree=s health plan at the time of the retiree=s death. If the surviving spouse were to remarry, the new spouse could not be added to the County health care plan. A subsequent spouse of the retiree can be added to the retiree=s health plan but would not be eligible for health coverage upon the retiree=s death. Dependent children of the retiree are eligible for continued health coverage after the retiree=s death if they were covered by the retiree=s health plan at the time of death and continue as dependents under the spouse who was the spouse of record at the time of retirement, subject to the requirements of the health plan. In the case where a spouse of record is not named at the time of retirement, but a dependent child is named for health coverage, the dependent child will be eligible for continued health coverage upon the retiree=s death through the end of the year in which they have their 25th birthday, if they were covered by the retiree=s health plan at the time of death. Children of the retiree, whether natural, adopted or for which the retiree is the legal guardian or provides principal support who were not covered under the retiree=s health plan at the time of retirement, may be added at a later date. A surviving spouse may not subsequently add children to the health care coverage. Chairperson, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (Misc. #99101) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: RETIREMENT HEALTH CARE BENEFITS FOR EMPLOYEES IN THE DEFINED BENEFIT RETIREMENT PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: Commissioners Minutes Continued. July 15, 1999 293 1. The resolution amends Miscellaneous Resolution #94292, which defines retirement health care coverage for all employees, by providing health coverage for named beneficiaries after the retirement allowance stops for all options of the Defined Benefit Retirement Plan. 2. The proposed change affects future retirements from the Defined Benefit Retirement Plan and eliminates an inconsistency between Defined Benefit and Defined Contribution Retirement Plan participants in retirement health coverage for named beneficiaries. 3. The change was analyzed by the actuarial firm of Gabriel, Roeder, Smith and Company which reported there is no need to appropriate funds to implement this change. Funding will be provided in future actuarially-determined contributions to the Retiree=s Health Care Trust to cover the proposed change. FINANCE COMMITTEE Moved by Law supported by Garfield the Finance Committee Report and the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Law supported by Garfield the resolution be adopted. Moved by Law supported by Garfield the resolution be amended to coincide with the recommendations in the Finance Committee Report and the Personnel Committee Report. A sufficient majority having voted therefor, the motion to amend to coincide with the Finance Committee Report and the Personnel Committee Report carried. Vote on resolution, as amended: AYES: McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McCulloch. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #99176 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION APPROVING PROJECT PLAN (JOHNSON GROUP SERVICES, INC. [formerly Johnson's Press, Inc.] PROJECT) - CITY OF NOVI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Economic Development Corporation of the County of Oakland (the "EDC") has recommended that the Board of Commissioners approve the Project Plan required by the Economic Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented to this meeting (the "Project Plan"); and WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act and that the Project Plan satisfies all of the requirements of the Act regarding project plans; and WHEREAS the governing body of the City of Novi, Oakland County, Michigan, has also approved the Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; and WHEREAS the Board of Commissioners has held a Public Hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Act; and WHEREAS the Board of Commissioners, following such Public Hearing and its review of the Project Plan, concurs in the determinations of the EDC with respect thereto. Commissioners Minutes Continued. July 15, 1999 294 NOW THEREFORE BE IT RESOLVED that the Project Plan is hereby determined to constitute a public purpose as contemplated by the Act and is hereby approved. BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such steps as are necessary to implement the Project and the financing thereof by the issuance of its limited obligation revenue bonds as contemplated by the Project Plan. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of attachments on file in County Clerk=s office. Moved by Palmer supported by Schmid the resolution be adopted. AYES: Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99177 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (AMERICAN SPEEDY PRINTING CENTERS, INC. PROJECT) - CITY OF TROY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (American Speedy Printing Centers, Inc. Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval. NOW THEREFORE BE IT RESOLVED that the Project Area as designated by the EDC to this Board is hereby certified as approved. BE IT FURTHER RESOLVED that it having been determined that the territory surrounding said designated Project Area will not be significantly affected by the Project because the surrounding territory is devoted to commercial/industrial uses, a Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved be hereby established. BE IT FURTHER RESOLVED that it having been determined that there are less than eighteen residents, real property owners, or representatives of establishments located within the Project District Area, a Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of attachments on file in County Clerk=s office. Commissioners Minutes Continued. July 15, 1999 295 Moved by Palmer supported by Garfield the resolution be adopted. AYES: Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99178 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (AMERICAN SPEEDY PRINTING CENTERS, INC. PROJECT) - CITY OF TROY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of the Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (American Speedy Printing Centers, Inc. Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation in connection with said Project, in accordance with Section 4(2) of the Act. NOW THEREFORE BE IT RESOLVED that the appointments of Nino Licari and James C. Bacon, Jr., who are representative of neighborhood residents and business interests likely to be affected by said Project, to the Board of Directors of the Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2) of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefor. BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby repealed, but only to the extent of such conflict. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the Economic Development Corporation. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appointment of Two Additional Directors to the EDC by the County Executive for the American Speedy Printing Centers, Inc., on file in County Clerk=s office. Moved by Palmer supported by Garfield the resolution be adopted. AYES: Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99145) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RECLASSIFY TWO (2) POSITIONS, REMOVE TWO (2) CLASSIFICATIONS FROM THE SALARY ADMINISTRATION PLAN AND RETITLE TWO (2) CLASSIFICATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on July 7, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Commissioners Minutes Continued. July 15, 1999 296 Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #99145 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RECLASSIFY TWO (2) POSITIONS, REMOVE TWO (2) CLASSIFICATIONS FROM THE SALARY ADMINISTRATION PLAN AND RETITLE TWO (2) CLASSIFICATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the concept of business and economic development has expanded and there is now competition between agencies, counties, Chambers of Commerce, and cities to create business and economic development positions to foster growth, development, expansion, and retention of current businesses; and WHEREAS recruitment statistics since 1996 show a decrease in the pool of interested and qualified applicants for the Oakland County Business Development Representative positions; and WHEREAS because of the competition for qualified applicants, salaries for classifications in this area in the marketplace have increased resulting in potential retention problems; and WHEREAS a salary survey of comparable positions shows that current County salary rates are considerably below average market salary rates; and WHEREAS the County Executive is requesting an increase in the salary range of the Business Development Representative and the Senior Business Development Representative; and WHEREAS during the 1999 Budget process the Development and Planning Division changed its name to the Planning and Economic Development Services Division to better identify their function to the communities they serve; and WHEREAS per Miscellaneous Resolution #99022 the Employment and Training Division changed its name to the Workforce Development Division. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the reclassification of two (2) Business Development Representative positions (#19205-05257 and #19205-05336) to Senior Business Development Representative. BE IT FURTHER RESOLVED to remove two (2) classifications titled Business Development Representative and Senior Business Development Representative, OT exempt, from the Salary Administration Plan. BE IT FURTHER RESOLVED to increase the salary range of the Business Development Representative by 10% resulting in a new range as follows: Base 1 Year 2 Year 3 Year 4 Year 5 Year Ann. $42,472 $45,059 $47,647 $50,237 $52,826 $55,414 Bi-Wk 1,633.52 1,733.02 1,832.58 1,932.19 2,031.78 2,131.31 BE IT FURTHER RESOLVED to increase the salary range of the Senior Business Development Representative by 10% resulting in a new range as follows: Base 1 Year 2 Year 3 Year 4 Year 5 Year Ann. $44,715 $46,472 $50,225 $52,984 $55,739 $58,494 Bi-Wk 1,719.81 1,825.84 1,931.72 2,037.84 2,143.80 2,249.79 BE IT FURTHER RESOLVED to retitle the classifications of Manager-Development and Planning to Manager-Planning and Economic Development Services and the Manager-Grant Employment and Training to Manager-Workforce Development with no change in salary. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (Misc. #99145) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RECLASSIFY TWO (2) POSITIONS, REMOVE TWO (2) CLASSIFICATIONS FROM THE SALARY ADMINISTRATION PLAN AND RETITLE TWO (2) CLASSIFICATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: Commissioners Minutes Continued. July 15, 1999 297 1. The reclassification of two (2) Business Development Representative positions to Senior Business Development Representative. 2. An increase of 10% in salary range for Business Development Representative and an increase of 10% in salary range for Senior Business Development Representative. 3. The removal of Business Development Representative and Senior Business Development Representative, OT exempt, classifications from the Salary Administration Plan. 4. Retitling the classifications of Manager-Development and Planning to Manager-Planning and Economic Development Services and Manager-Grant Employment and Training to Manager-Workforce Development with no change in salaries. 5. Budget amendments for Fiscal Year 1999 as follows: 90-290000-25000-2564 Contingency $(9,252) 19-225000-10000-2001 Salary 7,308 19-225000-10000-2075 Fringe Benefits 1,944 $ 0 6. Budget amendments for Fiscal Year 2000 and Fiscal Year 2001 will be recommended during the Finance Committee=s budget review process. FINANCE COMMITTEE Moved by Palmer supported by Galloway the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Palmer supported by Galloway the resolution be adopted. AYES: Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt. (22) NAYS: Palmer. (1) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99146) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: FACILITIES MANAGEMENT/ADMINISTRATION/SOLID WASTE - PERSONNEL RELATED ACTIONS AND TRANSFER SOLID WASTE UNIT AND POSITIONS TO COMMUNITY AND ECONOMIC DEVELOPMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on June 2, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #99146 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: FACILITIES MANAGEMENT/ADMINISTRATION/SOLID WASTE - PERSONNEL RELATED ACTIONS AND TRANSFER SOLID WASTE UNIT AND POSITIONS TO COMMUNITY AND ECONOMIC DEVELOPMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the current Manager-Solid Waste position will become vacant in June through retirement; and WHEREAS a Manager-Solid Waste is required to facilitate the County=s role on the solid waste management plan issue; and WHEREAS the Manager-Solid Waste periodically monitors reduction achievement efforts and continually monitors the availability of disposal facilities to ensure that sufficient capacity continues to exist; and WHEREAS the Manager-Solid Waste also monitors legislation affecting solid waste and communicates the issues to each municipality; and Commissioners Minutes Continued. July 15, 1999 298 WHEREAS the County Executive has reviewed the function and proposes to transfer the function and two positions from Facilities Management/Administration to Community and Economic Development/Administration; and WHEREAS the County Executive is also proposing to change the salary range and the status of the Manager-Solid Waste classification from appointed to Merit System; and WHEREAS the current Civil Engineer II position in the Solid Waste Unit is proposed to be reclassified to Senior Planner. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the transfer of the Solid Waste Unit and two (2) positions from Facilities Management/Administration to Community and Economic Development/Administration. BE IT FURTHER RESOLVED to change the Manager-Solid Waste from appointed to Merit System status (position #14115-06678). BE IT FURTHER RESOLVED to make the Manager-Solid Waste classification an exception from salary grade placement in a new range as follows: Base 1 Year 2 Year 3 Year 4 Year 5 Year Ann. $59,868 $63,471 $67,074 $70,676 $74,279 $77,886 Bi-Wk 2,302.61 2,441.18 2,579.76 2,718.29 2,856.90 2,995.60 BE IT FURTHER RESOLVED to reclassify the Civil Engineer II position, salary grade 12, (position #14115-02268) to the existing classification of Senior Planner, salary grade 12. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of attachments on file in County Clerk=s office. FISCAL NOTE (Misc. #99146) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT/ADMINISTRATION/SOLID WASTE - PERSONNEL RELATED ACTIONS AND TRANSFER OF SOLID WASTE UNIT AND POSITIONS TO COMMUNITY AND ECONOMIC DEVELOPMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1) The Oakland County Solid Waste function currently resides organizationally in the Administration Division of the Department of Facilities Management, and the Solid Waste Manager=s position will become vacant in June 1999. 2) The Solid Waste Manager is required to facilitate the County=s role on the Solid Waste Management Plan, by monitoring reduction achievement efforts, and continually monitors the availability of disposal facilities to ensure that sufficient capacity continues to exist, he also monitors legislation affecting solid waste and communicates the issues to each municipality. 3) The County Executive has reviewed the function and proposes to transfer the function and two positions from Facilities Management/Administration to Community and Economic Development/Administration. 4) The County Executive is also proposing to change the salary range and the status of the Manager-Solid Waste classification from appointed to Merit System; in addition, the current Civil Engineer II position in the Solid Waste Unit is proposed to be reclassified to Senior Planner. 5) Although the organizational hierarchy would change, the Solid Waste function would continue to be charged to the General Fund (Fund 101). 6) Amendment to transfer budget and position is as follows: ACCOUNT NUMBERS OBJECT TITLE 1999 AMOUNT 2000 AMOUNT Revenues: 1-14-101-111000-30000-0863 Reimb. Solid Waste Mgt. P ($ 67) ($ 200) 1-14-101-111000-30000-1588 Sale of Land & Bldg. ( 24,917) ( 74,250) 1-14-101-111000-30000-0905 Reimb. Gen. Fund ( 95,833) ( 287,500) Commissioners Minutes Continued. July 15, 1999 299 ACCOUNT NUMBERS OBJECT TITLE 1999 AMOUNT 2000 AMOUNT Revenues continued: 1-19-101-xxxxxx-x0000-0863 Reimb. Solid Waste Mgt. P 67 200 1-19-101-xxxxxx-x0000-1588 Sale of Land & Bldg. 24,917 74,750 1-19-101-xxxxxx-x0000-0905 Reimb. Gen. Fund 95,833 287,500 Sub-Total General Fund Revenue $ 0 $ 0 Expenditures: 2-14-101-211000-30000-2001 Salaries Regular ($ 42,863) ($128,588) 2-14-101-211000-30000-2075 Workers Comp. ( 270) ( 809) 2-14-101-211000-30000-2076 Group Life ( 223) ( 669) 2-14-101-211000-30000-2077 Retirement ( 6,867) ( 20,600) 2-14-101-211000-30000-2078 Hospitalization ( 4,135) ( 12,408) 2-14-101-211000-30000-2079 Social Security ( 2,882) ( 8,645) 2-14-101-211000-30000-2080 Dental ( 331) ( 992) 2-14-101-211000-30000-2081 Disability ( 172) ( 515) 2-14-101-211000-30000-2082 Unemployment Insur. ( 60) ( 180) 2-14-101-211000-30000-2085 Optical ( 61) ( 184) 2-19-101-xxx000-x0000-2001 Salaries Regular 39,219 115,053 2-19-101-xxx000-x0000-2075 Workers Comp. 245 716 2-19-101-xxx000-x0000-2076 Group Life 202 592 2-19-101-xxx000-x0000-2077 Retirement 6,232 18,240 2-19-101-xxx000-x0000-2078 Hospitalization 4,135 12,408 2-19-101-xxx000-x0000-2079 Social Security 2,615 7,654 2-19-101-xxx000-x0000-2080 Dental 331 992 2-19-101-xxx000-x0000-2081 Disability 156 456 2-19-101-xxx000-x0000-2082 Unemployment Insur. 55 160 2-19-101-xxx000-x0000-2085 Optical 61 184 2-19-101-290000-25000-2564 Contingency $ 4,613 $ 17,135 Sub-Total Personnel Expense $ 0 $ 0 2-14-101-213000-30000-2340 Advertising ($ 706) ($ 500) 2-14-101-213000-30000-3060 Legal Services ( 25,315) ( 10,000) 2-14-101-213000-30000-3172 Membership Dues & Pub. ( 287) ( 861) 2-14-101-213000-30000-3292 Personal Mileage ( 894) ( 2,681) 2-14-101-213000-30000-3756 Travel & Conf. ( 895) ( 2,686) 2-14-101-213000-30000-3348 Professional Services ( 25,000) ( 75,000) 2-14-101-213000-30000-4096 Engineering Supplies ( 53) ( 159) 2-14-101-213000-30000-4148 Information Supplies ( 529) ( 1,587) 2-14-101-213000-30000-4272 Office Supplies ( 71) ( 212) 2-14-101-213000-30000-4284 Postage ( 1,201) ( 3,604) 2-14-101-213000-30000-6018 Equip. Rental ( 33) ( 100) 2-14-101-213000-30000-6105 Stationery Stock ( 32) ( 95) 2-14-101-213000-30000-6631 Bldg. Space ( 2,614) ( 8,001) 2-14-101-213000-30000-6636 Info. Tech. Oper. ( 22,830) ( 34,183) 2-14-101-213000-30000-6666 Print Shop ( 101) ( 10,000) 2-14-101-213000-30000-6667 Convenience Copier ( 72) ( 515) 2-14-101-213000-30000-6675 Telephone Comm. ( 494) ( 1,482) 2-14-101-213000-30000-6677 Insurance Fund ( 425) ( 1,316) 2-19-101-xxx000-30000-2340 Advertising 706 500 2-19-101-xxx000-30000-3060 Legal Services 25,315 10,000 2-19-101-xxx000-30000-3172 Membership Dues & Pub. 287 861 2-19-101-xxx000-30000-3292 Personal Mileage 894 2,681 2-19-101-xxx000-30000-3756 Travel & Conf. 895 2,686 2-19-101-xxx000-30000-3348 Professional Services 25,000 75,000 2-19-101-xxx000-30000-4096 Engineering Supplies 53 159 2-19-101-xxx000-30000-4148 Information Supplies 529 1,587 2-19-101-xxx000-30000-4272 Office Supplies 71 212 2-19-101-xxx000-30000-4284 Postage 1,201 3,604 2-19-101-xxx000-30000-6018 Equip. Rental 33 100 2-19-101-xxx000-30000-6105 Stationery Stock 32 95 2-19-101-xxx000-30000-6631 Bldg. Space 2,614 8,001 2-19-101-xxx000-30000-6636 Info. Tech. Oper. 22,830 34,183 2-19-101-xxx000-30000-6666 Print Shop 101 10,000 2-19-101-xxx000-30000-6667 Convenience Copier 72 515 2-19-101-xxx000-30000-6675 Telephone Comm. 494 1,482 2-19-101-xxx000-30000-6677 Insurance Fund 425 1,316 Sub-Total General Fund Oper. Exp. $ 0 $ 0 Net General Fund Adjustment $ 0 $ 0 Commissioners Minutes Continued. July 15, 1999 300 FINANCE COMMITTEE Moved by Palmer supported by Colasanti the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Palmer supported by Colasanti the resolution be adopted. AYES: Patterson, Schmid, Sever, Suarez, Taub, Amos, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht. (22) NAYS: Palmer. (1) A sufficient majority having voted therefor, the resolution was adopted. Commissioner Palmer requested a Public Hearing be scheduled for the purpose of allowing public comment on the Maple Avenue, L.L.C., EDC Project Plan. The Chairperson scheduled the hearing for August 5, 1999 at 9:40 A.M. in the Board of Commissioners= Auditorium. MISCELLANEOUS RESOLUTION #99179 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR SPECIAL EVENT LAW ENFORCEMENT SERVICES IN THE TOWNSHIP OF GROVELAND 1999-2001 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into contracts with townships, villages and cities for the purpose of providing Sheriff patrol services; and WHEREAS Miscellaneous Resolution #98012, adopted March 5, 1998 established the standard Law Enforcement Services overtime rates for the period 1999-2003; and WHEREAS the Township of Groveland, by Board action, has requested that the Oakland County Sheriff provide patrol services to the citizens of the Township for special events; and WHEREAS the Township of Groveland has requested that a contract for special events on an overtime basis be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Township of Groveland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Township of Groveland for special events on an overtime basis at rates established by this Board. BE IT FURTHER RESOLVED that this contract will take effect on August 7, 1999. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Auxiliary Sheriff=s Deputy Services for the Township of Groveland on file in County Clerk=s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99180 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT DIVISION - IMPLEMENTATION OF THE CHILD SUPPORT ENFORCEMENT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency (FIA) is charged with Child Support Enforcement administration and is responsible for the development, implementation and support of the application called Child Support Enforcement System (CSES); and Commissioners Minutes Continued. July 15, 1999 301 WHEREAS CSES is a comprehensive statewide child support system, including centralized collections and disbursements, which will meet all Federal system requirements and will be installed in all components of the Michigan IV-D program: Office of Child Support central office, Friend of the Court offices, Office of Child Support field offices and Prosecuting Attorney offices; and WHEREAS annual statewide activity results in approximately 12 million transactions, over 836,000 cases, and $1.3 billion in collections. Of the 83 counties in Michigan, 68 are currently using CSES, with the current plan that all counties will be utilizing the system by October 1, 2000; and WHEREAS previous failures to implement CSES within the federally required time period (October 1, 1997) resulted in a 4% reduction in Title IV-D funds in 1998 and an additional 8% in 1999. The combined penalties for Fiscal Year 1998 and Fiscal Year 1999, amounting to $12.5 million, were absorbed by the State; and WHEREAS the penalties for non-compliance continue to increase; 16%, equivalent to $17.4 million for Fiscal Year 2000 and 24%, equivalent to $25.5 million for Fiscal Year 2001; and WHEREAS Senate Bill 365, FIA Budget Authorization, which has passed and ordered enrolled includes a hold-harmless clause for county governments which reads as follows: A county shall be required to pay a penalty due to the State=s failure to be in compliance with Federal child support enforcement system requirements unless the county, Friend of the Court and the department have a written agreement that outlines the county=s commitment to participate in the federally required child support enforcement system and the county complies with a timeline for completion established by the department; and WHEREAS FIA has entered into a contract with Oracle Corporation to perform a High Volume Assessment of the large non-CSES counties, including Wayne, Oakland, Macomb and Genesee Counties, which will serve as a blueprint for migration to a future CSES system that meets the requirements of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, otherwise known as Welfare Reform; and WHEREAS the Board of Commissioners approved Miscellaneous Resolution #95043 (dated March 2, 1995) which supports the position taken by the Friend of the Court Association requiring the State to resolve the operating and technical problems in the Child Support Enforcement System (CSES) prior to implementation in Oakland County; and WHEREAS the resolution further resolved that CSES operating and technical capabilities must be greater than the current computer system in place at the Oakland County Friend of the Court prior to its implementation in Oakland County and that all conversion costs shall be borne by the State of Michigan, and that no additional staff shall be required after conversion applicable to the CSES computer system; and WHEREAS failure to participate may result in a system foisted upon Oakland County that fails to meet the business needs of our clients; and WHEREAS the County Executive recommends approval of this resolution. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes Oakland County=s participation in the development and implementation of a Child Support Enforcement System, including centralized collections and disbursements, which meets the business needs of Oakland County, as well as the requirements of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996. BE IT FURTHER RESOLVED that execution of this resolution is as confirmed in writing by Douglas E. Howard, Director of the Family Independence Agency, in his attached letter dated June 28, 1999. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of letter from Douglas E. Howard, Director of the State of Michigan Family Independence Agency, on file in County Clerk=s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. July 15, 1999 302 REPORT (Misc. #99117) BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: PUBLIC SERVICE COMMISSION - ELIMINATION OF UNREQUESTED AUTOMATIC CALLBACK FEATURE AND LIKE EXPANDED SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having met on July 6, 1999, reports with the recommendation that the resolution be adopted with an amendment in the first WHEREAS paragraph, line 1, deleting the word certain and inserting the word -- various--. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE REPORT (Misc. #99117) BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: PUBLIC SERVICE COMMISSION - ELIMINATION OF UNREQUESTED AUTOMATIC CALLBACK FEATURE AND LIKE EXPANDED SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on June 2, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #99117 BY: Commissioner Ruel E. McPherson IN RE: PUBLIC SERVICE COMMISSION - ELIMINATION OF UNREQUESTED AUTOMATIC CALLBACK FEATURE AND LIKE EXPANDED SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS certain areas of Oakland County have been targeted by the telephone company to receive unsolicited features such as the automatic callback service which causes additional charges to our constituents= monthly telephone bills; and WHEREAS no charge for enhanced service should be placed on the telephone customer=s phone bill without the prior express consent of the customer; and WHEREAS such a presumptive action by the telephone company undermines the community=s faith in our public utilities, and is an encroachment on the rights of the telephone customer. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby request the Michigan Public Service Commission to review and hold public hearings on the telephone companies= practice of adding unsolicited and costly additional telephone services to its customers= telephone statements. Chairperson, I move the adoption of the foregoing resolution. Ruel E. McPherson, Nancy Dingeldey, William R. Patterson, Frank Millard, Kay Schmid, Michelle Friedman Appel, George W. Suarez, Vincent Gregory, Eric Coleman, David Galloway, Brenda A. Causey-Mitchell Moved by Millard supported by McPherson the Public Services Committee and the General Government Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Millard supported by McPherson the resolution be adopted. Moved by Millard supported by McPherson the resolution be amended to coincide with the recommendation of the Public Services Committee. A sufficient majority having voted therefor, the amendment carried. Moved by Obrecht supported by McPherson the resolution be referred back to the General Government Committee. Commissioners Minutes Continued. July 15, 1999 303 A sufficient majority having voted therefor, the motion to refer back to the General Government Committee carried. In accordance with Rule XXII "G", the Chairperson made the following referrals: FINANCE COMMITTEE a. Huron River Watershed Council - Dues GENERAL GOVERNMENT COMMITTEE a. Monroe County Board of Commissioners - Tobacco Settlement Funds b. Kalkaska County Board of Commissioners - Tobacco Settlement Funds c. Tuscola County Board of Commissioners - Endorsement of Resolution #99094 d. Arenac County Board of Commissioners - Transportation Needs Study e. City of Pleasant Ridge - Federal Assistance for Capital Improvement George Kuhn Drain f. City of Oak Park - Federal Assistance for Capital Improvement George Kuhn Drain g. City of Ferndale - Federal Assistance for Capital Improvement George Kuhn Drain h. City of Troy - Federal Assistance for Capital Improvement George Kuhn Drain i. City of Ferndale - Approve Project Plan for Twelve Towns Combined Sewer Overflow Control j. Crawford County Board of Commissioners - Severance Taxes Returned to Counties Experiencing Oil and Gas Development/Expansion k. Antrim County Board of Commissioners - Oppose Legislative Action Allowing Nonresidents the Right to Vote on Tax Issues PLANNING AND BUILDING COMMITTEE a. Huron River Watershed Council - Dues b. City of Pleasant Ridge - Federal Assistance for Capital Improvement George Kuhn Drain c. City of Oak Park - Federal Assistance for Capital Improvement George Kuhn Drain d. City of Ferndale - Federal Assistance for Capital Improvement George Kuhn Drain e. City of Troy - Federal Assistance for Capital Improvement George Kuhn Drain f. City of Ferndale - Approve Project Plan for Twelve Towns Combined Sewer Overflow Control g. Arenac County Board of Commissioners - Solid Waste Disposal Companies h. Michigan Department of Transportation - Excess Property - Highland Township i. Bloomfield Law Center, P.C. - Detention or Work Release Facility/Royal Oak Township PUBLIC SERVICES COMMITTEE a. Bloomfield Law Center, P.C. - Detention or Work Release Facility/Royal Oak Township b. Family Independence Agency - Fiscal Year 2000 Cooperative Reimbursement Contract Application c. Family Independence Agency - Fiscal Year 2000 Medical Support Enforcement Application and Contract OTHERS Equalization a. Equalization - Ind. Fac. Ex. A.S.T. Incorporated, Village of Holly There were no objections to the referrals. The Board adjourned at 11:45 A.M. to the call of the Chair or August 5, 1999 at 9:30 A.M. PATRICK D. CAMPBELL JOHN P. McCULLOCH Deputy Clerk Chairperson