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HomeMy WebLinkAboutMinutes - 2002.03.13 - 8302 69 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES March 14, 2002 Meeting called to order by Chairperson Thomas Law at 10:00 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (24) ABSENT: Gregory (absent with notice). (1) Quorum present. Invocation given by Fran Amos. Pledge of Allegiance to the Flag. Moved by Dingeldey supported by Coleman the minutes of the February 21, 2002, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Buckley supported by Obrecht the rules be suspended and the agenda be amended, as follows: ITEMS ON PRINTED AGENDA GENERAL GOVERNMENT COMMITTEE d. Department of Human Services/Health Division – Renewal of Partnership Agreement with the City of Southfield for Sanitarian Services. (Reason for suspension for General Government Committee, item d: Waiver of Rule XII.C.1 – Direct referral to Finance Committee.) ITEMS NOT ON PRINTED AGENDA FINANCE COMMITTEE k. Department of Management and Budget – Acquisition of Software License for Integrated E- Financial System Including Single Sign-On Capabilities. (Reason for suspension for Finance Committee, item k: Waiver of Rule III – Committee meeting held immediately prior to today’s Board Meeting.) Commissioners Minutes Continued. March 14, 2002 70 Vote on agenda, as amended: AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (24) NAYS: None. (0) A sufficient majority having voted therefore, the motion to suspend the rules and amend the agenda carried. The following people addressed the board: Carla Page, James Page, Barbara Talley, representing Delta Sigma Theta Sorority, and Alma Edwards representing United Methodist Women. Moved by Palmer supported by Crawford the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). (The vote on this motion appears on page 97.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #02033 BY: William Patterson, District #1 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF HOLLY - FY 2002 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the Township of Holly has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Township of Holly is requesting reimbursement for expenses directly related to the improvement of the drainage system directly related to the North Holly Road Improvement Project; and WHEREAS the FY 2002 authorized amount of funding for the Township of Holly is $13,284.23 annually from the Environmental Infrastructure Fund as repayment to the Township of Holly for expenses incurred in connection with environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Holly as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2002 appropriation in the amount of $13,284.23 annually from the Environmental Infrastructure Fund (Account #90-263210-41000-3985) to repay the Township of Holly for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM R. PATTERSON Copy of letter of correspondence from Holly Township regarding Environmental Infrastructure Fund Reimbursement Request, Attachment A: Project Description, Attachment B Holly Township Resolution 99-11, and Attachment C Expense Invoices on file in County Clerk’s office. FISCAL NOTE (MISC. #02033) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF HOLLY – FY 2002 ALLOCATION 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. March 14, 2002 71 1. $13,284.23 is available annually in the Environmental Infrastructure Fund for FY 2002, to reimburse the Township of Holly for this project; no additional appropriation is required. 2. The committee recommends adoption of the resolution. FINANCE COMMITTEE (The vote for this motion appears on page 97.) *MISCELLANEOUS RESOLUTION #02034 BY: Commissioner William Patterson, District #1 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT GROVELAND TOWNSHIP - OPTIONAL ACCELERATED PAYMENT SCHEDULE ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to Miscellaneous Resolution #00035, the Board of Commissioners modified the Environmental Infrastructure Funds Disbursement Policy by authorizing an Optional Accelerated Payment Schedule by which communities may request their remaining years payment in advanced, at a discounted rate, with the knowledge that no further payments will be made from the Environmental Infrastructure Funds; and WHEREAS pursuant to the Modified Disbursement Policy, Groveland Township has requested use of the Optional Accelerated Payment Schedule to defer the costs associated the data system to monitor well/septic information and the Fire Station #2 septic system; and WHEREAS the Optional Accelerated Payment Schedule authorized amount of funding for Huntington Woods is $101,708.13 from the Environmental Infrastructure Fund; and WHEREAS through Miscellaneous Resolution #99349, Groveland Township received a portion of its FY 1999 Environmental Infrastructure Fund allocation ($20,588.69) in the amount of $11,000, leaving $9,588.69 in the remaining FY 1999 allocation, and $81,119.44 in total for FY 2000 through FY 2003 allocations; and WHEREAS a total allocation of $90,708.13 is remaining, which can be sent to the city under the Optional Accelerated Payment Schedule. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the projects submitted by Groveland Township as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the use of the Optional Accelerated Payment Schedule to pay Groveland Township the amount of $90,703.13 from the Environmental Infrastructure Fund (Account #90-263208-41000-3985). No further payments from the Environmental Infrastructure Fund will be made to Groveland Township after receipt of the $90,708.13. Chairperson, I move the adoption of the foregoing resolution. WILLIAM R. PATTERSON Copy of letter of correspondence from Groveland Township regarding Environmental Infrastructure Fund Reimbursement Request For Two Projects, Data System to Monitor Well/Septic Information, and Fire Station #2 Septic System on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. March 14, 2002 72 FISCAL NOTE (MISC. #02034) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN GROVELAND TOWNSHIP - OPTIONAL ACCELERATED PAYMENT SCHEDULE ALLOCATION 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. Under Miscellaneous Resolution #00035, the Environmental Infrastructure Fund Optional Accelerated Payment Schedule, $90,708.13 is available to provide Groveland Township for this project; no additional appropriation is required. 2. Once Groveland Township receives the $90,708.13 allocation, no further payments from the Environmental Infrastructure Fund will be made to the Township. 3. The Committee recommends adoption of the resolution. FINANCE COMMITTEE (The vote for this motion appears on page 97.) *MISCELLANEOUS RESOLUTION #02035 BY: Terry Sever, District #19 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF FARMINGTON - FY 1999 AND FY 2000 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the City of Farmington has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the City of Farmington is requesting reimbursement for expenses directly related to the Sanitary Sewer Grit Chamber Abandonment Project (inspection and repair of failing septic systems); and WHEREAS the FY 1999 and FY 2000 authorized amount of funding for the City of Farmington is $42,456.64 annually from the Environmental Infrastructure Fund as repayment to the City of Farmington for expenses incurred in connection with environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Farmington as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 1999 and FY 2000 appropriation in the amount of $42,456.64 annually from the Environmental Infrastructure Fund (Account #90-263238-41000- 3985) to repay the City of Farmington for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. TERRY SEVER, DAVID MOFFITT Copy of letter of correspondence from Orchard, Hiltz & McCliment, Inc. regarding Environmental Infrastructure Fund Reimbursement for the City of Farmington on file in County Clerk’s office. FISCAL NOTE (Misc. #02035) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF FARMINGTON - FY 1999 AND FY 2000 ALLOCATION 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. March 14, 2002 73 1. $42,456.64 is available annually in the Environmental Infrastructure Fund for FY 1999 and FY 2000, to reimburse the City of Farmington for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. FINANCE COMMITTEE (The vote for this motion appears on page 97.) *MISCELLANEOUS RESOLUTION #02036 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 2001 TAXES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS ad valorem real property taxes are imposed by the County and the local taxing units within the County on July 1 and/or December 1 of each year; and WHEREAS a certain portion of these taxes remain unpaid and uncollected on March 1 of the year following assessment, at which time they are returned delinquent to the County's treasurer (the "Treasurer"); and WHEREAS the Treasurer is bound to collect all delinquent taxes, interest and property tax administration fees that would otherwise be payable to the local taxing units within the County; and WHEREAS the statutes of the State of Michigan authorize the County to establish a fund, in whole or in part from borrowed proceeds, to pay local taxing units within the County their respective shares of delinquent ad valorem real property taxes in anticipation of the collection of those taxes by the Treasurer; and WHEREAS the County Board of Commissioners (the "Board") has adopted a resolution authorizing the County's Delinquent Tax Revolving Fund (the "Revolving Fund Program"), pursuant to Section 87b of Act No. 206, Michigan Public Acts of 1893, as amended ("Act 206"); and WHEREAS such fund has been established to provide a source of monies from which the Treasurer may pay any or all delinquent ad valorem real property taxes that are due the County, and any city, township, school district, intermediate school district, community college district, special assessment district, drainage district, or other political unit within the geographical boundaries of the County participating in the County's Revolving Fund Program pursuant to Act 206 ("local units"); and WHEREAS the Treasurer is authorized under Act 206, and has been directed by the Board, to make such payments with respect to delinquent ad valorem real property taxes (including the property tax administration fees assessed under subsection (6) of Section 44 of Act 206) owed in 2001 to the County and the local units (collectively, the "taxing units") that will have remained unpaid on March 1, 2002 and the Treasurer is authorized to pledge these amounts in addition to any amounts not already pledged for repayment of prior series of notes (or after such prior series of notes are retired as a secondary pledge) all as the Treasurer shall specify in an order when the notes authorized hereunder are issued (the "Delinquent Taxes"); and WHEREAS the Board has determined that in order to raise sufficient monies to adequately fund the Revolving Fund, the County must issue its General Obligation Limited Tax Notes, Series 2002 in one or more series, in accordance with Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206 and on the terms and conditions set forth below. NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners as follows: I. GENERAL PROVISIONS 101. Establishment of 2002 Revolving Fund. In order to implement the continuation of the Revolving Fund Program and in accordance with Act 206, the County hereby establishes a 2002 Delinquent Tax Revolving Fund (the "Revolving Fund") as a separate and segregated fund within the existing Delinquent Tax Revolving Fund of the County previously established by the Board pursuant to Section 87b of Act 206. Commissioners Minutes Continued. March 14, 2002 74 102. Issuance of Notes. The County shall issue its General Obligation Limited Tax Notes, Series 2002 in one or more series (the "Notes"), in accordance with this Resolution and Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206, payable in whole or in part from the Delinquent Taxes and/or from the other sources specified below. 103. Aggregate Amount of Notes. (a) The Notes shall be issued in an aggregate amount to be determined by the Treasurer in accordance with this Section. (b) The aggregate amount of the Notes shall not be less than the amount by which the actual or estimated Delinquent Taxes exceeds (i) the County's participating share of Delinquent Taxes, and (ii) any sums otherwise available to fund the Tax Payment Account established under Section 702 (including any monies held in respect of Section 704(c). (c) The aggregate amount of the Notes shall not be greater than the sum of (i) the actual amount of the Delinquent Taxes pledged to the payment of debt service on the Notes, plus (ii) the amount determined by the Treasurer to be allocated to a reserve fund. Original proceeds of the Notes devoted to a reserve fund shall not exceed the lesser of (A) the amount reasonably required for those of the Notes secured by the reserve fund, (B) 10% of the proceeds of such Notes, (C) the maximum amount of annual debt service on such Notes, or (D) 125% of average annual debt service on such Notes. (d) The aggregate amount of the Notes shall be designated by the Treasurer by written order after (i) the amount of the Delinquent Taxes, or the amount of Delinquent Taxes to be funded by the issuance of the Notes, has been estimated or determined, and (ii) the amount of the reasonably required reserve fund has been calculated. Delinquent Taxes shall be estimated based on delinquencies experienced during the past three fiscal years and on demographic and economic data relevant to the current tax year, and shall be determined based on certification from each of the taxing units. The amount of the reasonably required reserve fund shall be calculated pursuant to such analyses and certificates as the Treasurer may request. 104. Proceeds. If the Notes are issued and sold before the Treasurer has received certification from the taxing units of the amount of the Delinquent Taxes and if such certification is not reasonably anticipated to occur to allow distribution of the proceeds of the Notes within 20 days after the date of issue, the proceeds of the Notes shall be deposited in the County's 2002 Delinquent Tax Project Account and thereafter used to fund the whole or a part of the County's 2002 Tax Payment Account, 2002 Note Reserve Account and/or 2002 Note Payment Account, subject to and in accordance with Article VII. If the Notes are issued and sold on or after such time, the proceeds of the Notes shall be deposited directly into the County's 2002 Tax Payment Account, 2002 Note Reserve Account and/or 2002 Note Payment Account, as provided in Article VII. 105. Treasurer's Order Authorizing Notes and Establishing Delinquent Taxes. At or prior to the time any Notes are issued pursuant to this resolution, the Treasurer, as authorized by Act 206, may issue a written order specifying the amount and character of the Delinquent Taxes, the Article or Articles under which the Notes are being issued and any other matters subject to the Treasurers control under either this resolution or Act 206. II. FIXED MATURITY NOTES 201. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued in accordance with this Article II. All reference to "Notes" in Article II refers only to Notes issued pursuant to Article II, unless otherwise specified. 202. Date. The Notes shall be dated as of the date of issue or as of such earlier date specified by written order of the Treasurer. 203. Maturity and Amounts. Notes issued pursuant to this Article II shall be structured in accordance with subsections (a) or (b) below as determined by the Treasurer pursuant to written order. (a) The first maturity of the Notes or of a series of the Notes shall be determined by the Treasurer pursuant to written order, but shall not be later than two years after the date of issue. Later maturities of the Notes shall be on the first anniversary of the preceding maturity or on such earlier date as the Treasurer may specify by written order. The Notes shall be structured with the number of maturities determined by the Treasurer to be necessary or appropriate, and the last maturity shall be scheduled for no later than the fourth anniversary of the date of issue. The amount of each maturity shall be set by the Treasurer when the amount of Delinquent Taxes is determined by the Treasurer or when a reliable estimate of the Delinquent Taxes is available to the Treasurer. In determining the exact amount Commissioners Minutes Continued. March 14, 2002 75 of each maturity the Treasurer shall consider the schedule of delinquent tax collections prepared for the tax years ending December 31, 2001, and the corollary schedule setting forth the anticipated rate of collection of those Delinquent Taxes which are pledged to the repayment of the Notes. The amount of each maturity and the scheduled maturity dates of the Notes shall be established to take into account the dates on which the Treasurer reasonably anticipates the collection of such Delinquent Taxes and shall allow for no more than a 10% variance between the debt service payable on each maturity date. The Notes, and the anticipated amount of pledged monies available on such maturity date to make payment of such debt service. (b) Alternatively, the Notes or a series of the Notes may be structured with a single stated maturity falling not later than the fourth anniversary of the date of issue. Notes issued under this subsection (b) shall be subject to redemption on such terms consistent with Section 209 as shall be ordered by the Treasurer, but in no event shall such Notes be subject to redemption less frequently than annually. 204. Interest Rate and Date of Record. (a) Except as otherwise provided in this paragraph, Notes issued pursuant to subsection (a) of Section 203 shall bear interest payable semi-annually, with the first interest payment to be payable (i) on the first date, after issuance, corresponding to the day and month on which the maturity of such Notes falls, or (ii) if the Treasurer so orders, six months before such date. In the event (i) any maturity of the Notes arises either less than six months before the succeeding maturity date or less than six months after the preceding maturity date and (ii) the Treasurer so orders in writing, interest on the Notes shall be payable on such succeeding or preceding maturity date. Subject to the following sentence, Notes issued pursuant to subsection (b) of Section 203 shall, pursuant to written order of the Treasurer, bear interest monthly, quarterly, or semiannually, as provided by written order of the Treasurer. If Notes issued under this Article II are sold with a variable rate feature as provided in Article IV, such Notes may, pursuant to written order of the Treasurer, bear interest weekly, monthly, quarterly or on any put date, or any combination of the foregoing, as provided by written order of the Treasurer. (b) Interest shall not exceed the maximum rate permitted by law. (c) Interest shall be mailed by first class mail to the registered owner of each Note as of the applicable date of record, provided, however, that the Treasurer may agree with the Registrar (as defined below) on a different method of payment. (d) Subject to Section 403 in the case of variable rate Notes, the date of record shall be not fewer than 14 nor more than 31 days before the date of payment, as designated by the Treasurer prior to the sale of the Notes. 205. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution and shall reflect all material terms of the Notes. Unless the Treasurer shall by written order specify the contrary, the Notes shall be issued in fully registered form both as to principal and interest, registrable upon the books of a note registrar (the "Registrar") to be named by the Treasurer. If the Notes are issued in bearer form the Treasurer shall appoint a paying agent (the "Paying Agent"). (The Registrar or Paying Agent so named may be any bank or trust company or other entity, including the County, offering the necessary services pertaining to the registration and transfer of negotiable securities.) 206. Denominations and Numbers. The Notes shall be issued in one or more denomination or denominations of $1,000 each or any integral multiple of $1,000 in excess of $1,000, as determined by the Treasurer. Notwithstanding the foregoing, however, in the event the Notes are deposited under a book entry depository trust arrangement pursuant to Section 208, the Notes shall, if required by the depository trustee, be issued in denominations of $5,000 each or any integral multiple of $5,000. The Notes shall be numbered from one upwards, regardless of maturity, in such order as the Registrar shall determine. 207. Transfer or Exchange of Notes. (a) Notes issued in registered form shall be transferable on a note register maintained with respect to the Notes upon surrender of the transferred Note, together with an assignment executed by the registered owner or his or her duly authorized attorney-in-fact in form satisfactory to the Registrar. Upon receipt of a properly assigned Note, the Registrar shall authenticate and deliver a new Note or Notes in equal aggregate principal amount and like interest rate and maturity to the designated transferee or transferees. Commissioners Minutes Continued. March 14, 2002 76 (b) Notes may likewise be exchanged for one or more other Notes with the same interest rate and maturity in authorized denominations aggregating the same principal amount as the Note or Notes being exchanged, upon surrender of the Note or Notes and the submission of written instructions to the Registrar or, in the case of bearer Notes, to the Paying Agent. Upon receipt of a Note with proper written instructions the Registrar or Paying Agent shall authenticate and deliver a new Note or Notes to the owner thereof or to owner's attorney-in-fact. (c) Any service charge made by the Registrar or Paying Agent for any such registration, transfer or exchange shall be paid for by the County as an expense of borrowing, unless otherwise agreed by the Treasurer and the Registrar or Paying Agent. The Registrar or Paying Agent may, however, require payment by a noteholder of a sum sufficient to cover any tax or other governmental charge payable in connection with any such registration, transfer or exchange. 208. Book Entry Depository Trust. At the option of the Treasurer, and notwithstanding any contrary provision of Section 212, the Notes may be deposited, in whole or in part, with a depository trustee designated by the Treasurer who shall transfer ownership of interests in the Notes by book entry and who shall issue depository trust receipts or acknowledgments to owners of interests in the Notes. Such book entry depository trust arrangement, and the form of depository trust receipts or acknowledgments, shall be as determined by the Treasurer after consultation with the depository trustee. The Treasurer is authorized to enter into any depository trust agreement on behalf of the County upon such terms and conditions as the Treasurer shall deem appropriate and not otherwise prohibited by the terms of this Resolution. The depository trustee may be the same as the Registrar otherwise named by the Treasurer, and the Notes may be transferred in part by depository trust and in part by transfer of physical certificates as the Treasurer may determine. 209. Redemption. (a) Subject to the authority granted the Treasurer pursuant to subsection (c) of this Section (in the case of fixed rate Notes) and to the authority granted the Treasurer pursuant to Section 404 (in the case of variable rate Notes), the Notes or any maturity or maturities of the Notes shall be subject to redemption prior to maturity on the terms set forth in subsection (b) below. (b) Notes scheduled to mature after the first date on which any Notes of the series are scheduled to mature shall be subject to redemption, in inverse order of maturity, on each interest payment date arising after the date of issue. (c) If the Treasurer shall determine such action necessary to enhance the marketability of the Notes or to reduce the interest rate to be offered by perspective purchasers on any maturity of the Notes, the Treasurer may, by written order prior to the issuance of such Notes, (i) designate some or all of the Notes as non-callable, regardless of their maturity date, and/or (ii) delay the first date on which the redemption of callable Notes would otherwise be authorized under subsection (b) above. (d) Notes of any maturity subject to redemption may be redeemed before their scheduled maturity date, in whole or in part, on any permitted redemption date or dates, subject to the written order of the Treasurer. Notes called for redemption shall be redeemed at par, plus accrued interest to the redemption date, plus, if the Treasurer so orders, a premium of not more than 1%. Redemption may be made by lot or pro rata, as shall be determined by the Treasurer. (e) With respect to partial redemptions, any portion of a Note outstanding in a denomination larger than the minimum authorized denomination may be redeemed, provided such portion as well as the amount not being redeemed constitute authorized denominations. In the event less than the entire principal amount of a Note is called for redemption, the Registrar or Paying Agent shall, upon surrender of the Note by the owner thereof, authenticate and deliver to the owner a new Note in the principal amount of the principal portion not redeemed. (f) Notice of redemption shall be by first class mail 30 days prior to the date fixed for redemption, or such shorter time prior to the date fixed for redemption as may be consented to by the holders of all outstanding Notes to be called for redemption. Such notice shall fix the date of record with respect to the redemption if different than otherwise provided in this Resolution. Any defect in any notice shall not affect the validity of the redemption proceedings. Notes so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with a paying agent to redeem the same. 210. Discount. At the option of the Treasurer, the Notes may be offered for sale at a discount not to exceed 2%. Commissioners Minutes Continued. March 14, 2002 77 211. Public or Private Sale. The Treasurer may, at the Treasurer's option, conduct a public sale of the Notes after which sale the Treasurer shall either award the Notes to the lowest bidder or reject all bids. The conditions of sale shall be as specified in a published Notice of Sale prepared by the Treasurer announcing the principal terms of the Notes and the offering. Alternatively, the Treasurer may, at the Treasurer's option, negotiate a private sale of the Notes as provided in Act 206. If required by law, or if otherwise determined by the Treasurer to be in the best interest of the County, (a) the Notes shall be rated by a national rating agency selected by the Treasurer, (b) a good faith deposit shall be required of the winning bidder, and/or (c) CUSIP numbers shall be assigned to the Notes. If a public sale is conducted or if otherwise required by law or the purchaser of the Notes, the Treasurer shall prepare or cause to be prepared and disseminated an offering memorandum or official statement containing all material terms of the offer and sale of the Notes. Pursuant to any sale of the Notes, the County shall make such filings, shall solicit such information and shall obtain such governmental approvals as shall be required pursuant to any state or federal law respecting back-up income tax withholding, securities regulation, original issue discount or other regulated matter. 212. Execution and Delivery. The Treasurer is authorized and directed to execute the Notes on behalf of the County by manual or facsimile signature, provided that if the facsimile signature is used the Notes shall be authenticated by the Registrar or any tender agent as may be appointed pursuant to Section 801(c). The Notes shall be sealed with the County seal or imprinted with a facsimile of such seal. The Treasurer is authorized and directed to then deliver the Notes to the purchaser thereof upon receipt of the purchase price. The Notes shall be delivered at the expense of the County in such city or cities as may be designated by the Treasurer. 213. Renewal, Refunding or Advance Refunding Notes. If at any time it appears to be in the best interests of the County, the Treasurer, by written order, may authorize the issuance of renewal, refunding or advance refunding Notes. The terms of such Notes, and the procedures incidental to their issuance, shall be set subject to Section 309 and, in appropriate cases, Article X. III. SHORT TERM RENEWABLE NOTES 301. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued in accordance with this Article III. All references to "Notes" in Article III refer only to Notes issued pursuant to Article III, unless otherwise specified. 302. Date and Maturity. The Notes shall be dated as of their date of issuance or any prior date selected by the Treasurer, and each issuance thereof shall mature on such date or dates not exceeding one year from the date of their issuance as may be specified by written order of the Treasurer. 303. Interest and Date of Record. The Notes shall bear interest payable at maturity at such rate or rates as may be determined by the Treasurer not exceeding the maximum rate of interest permitted by law on the date the Notes are issued. The date of record shall be not fewer than two nor more than 31 days before the date of payment, as designated by the Treasurer prior to the sale of the Notes. 304. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution and shall reflect all material terms of the Notes. The Notes shall, in the discretion of the Treasurer and consistent with Section 205, either be payable to bearer or be issued in registered form. If issued in registered form, the Notes may be constituted as book-entry securities consistent with Section 208, notwithstanding any contrary provision of Section 308. 305. Denomination and Numbers. The Notes shall be issued in one or more denomination or denominations, as determined by the Treasurer. The Notes shall be numbered from one upwards in such order as the Treasurer determines. 306. Redemption. The Notes shall not be subject to redemption prior to maturity. 307. Sale of Notes. The authority and obligations of the Treasurer set forth in Sections 210 and 211 respecting Fixed Maturity Notes shall apply also to Notes issued under Article III. 308. Execution and Delivery. The authority and obligations of the Treasurer set forth in Section 212 respecting Fixed Maturity Notes shall also apply to Notes issued under Article III. 309. Renewal or Refunding Notes. (a) The Treasurer may by written order authorize the issuance of renewal or refunding Notes (collectively the "Renewal Notes"). Renewal Notes shall be sold on the maturity date of, and the proceeds of the Renewal Notes shall be applied to the payment of debt service on, Notes to be renewed. The maturities and repayment terms of the Renewal Notes shall be set by written order of the Treasurer. Commissioners Minutes Continued. March 14, 2002 78 (b) In the order authorizing Renewal Notes, the Treasurer shall specify whether the Notes shall be issued in accordance with this Article III, in which event the provisions of Article III shall govern the issuance of the Notes, or whether the Notes shall be issued in accordance with Article II, in which event the provisions of Article II shall govern the issuance of the Notes. The order shall also provide for and shall also govern with respect to: (i) the aggregate amount of the Renewal Notes; (ii) the date of the Renewal Notes; (iii) the denominations of the Renewal Notes; (iv) the interest payment dates of the Renewal Notes; (v) the maturity or maturities of the Renewal Notes; (vi) the terms of sale of the Renewal Notes; (vii) whether any Renewal Notes issued in accordance with Article II shall be subject to redemption and, if so, the terms thereof; and (viii) any other terms of the Renewal Notes consistent with, but not specified in, Article II or Article III. (c) Regardless of whether Renewal Notes need be approved by prior order of the Department of Treasury, the Treasurer, pursuant to Section 89(5)(d) of Act 206, shall promptly report to the Department of Treasury the issuance of any Renewal Notes. IV. VARIABLE INTEREST RATE 401. Variable Rate Option. At the option of the Treasurer, exercisable by written order, the Notes, whether issued pursuant to Article II or Article III, may be issued with a variable interest rate, provided that the rate shall not exceed the maximum rate of interest permitted by law. 402. Determination of Rate. The order of the Treasurer shall provide how often the variable interest rate shall be subject to recalculation, the formula or procedure for determining the variable interest rate, whether and on what terms the rate shall be determined by a remarketing agent in the case of demand obligations consistent with Section 801(d), and whether and on what terms a fixed rate of interest may be converted to or from a variable rate of interest. Such formula or procedure shall be as determined by the Treasurer, but shall track or float within a specified percentage band around the rates generated by any one or more of the following indices: (i) Publicly reported prices or yields of obligations of the United States of America; (ii) An index of municipal obligations periodically reported by a nationally recognized source; (iii) The prime lending rate from time to time set by any bank or trust company in the United States with unimpaired capital and surplus exceeding $40,000,000; (iv) Any other rate or index that may be designated by order of the Treasurer provided such rate or index is set or reported by a source which is independent of and not controlled by the Treasurer or the County. The procedure for determining the variable rate may involve one or more of the above indices as alternatives or may involve the setting of the rate by a municipal bond specialist provided such rate shall be within a stated percentage range of one or more of the indices set forth above. 403. Date of Record. The Date of Record shall be not fewer than one nor more than 31 days before the date of payment, as designated by written order of the Treasurer. 404. Redemption. Notwithstanding any contrary provision of subsections (b) and (c) of Section 209, but subject to the last sentence of this Section 404, Notes bearing interest at a variable rate may be subject to redemption by the County and/or put by the holder at any time or times and in any order, as may be determined pursuant to written order of the Treasurer. Notes shall not be subject to redemption more frequently than monthly. 405. Remarketing, Repurchase and Resale. (a) In the event Notes issued under this Article IV are constituted as demand obligations, the interest rate on the Notes shall be governed by, and shall be subject to, remarketing by a remarketing agent appointed in accordance with Section 801(c), under the terms of a put agreement employed in accordance with Section 801(d). (b) The County shall be authorized, consistent with Act 206 and pursuant to order of the Treasurer, to participate in the repurchase and resale of Notes in order to reduce the cost of, or increase the revenue, attendant to the establishment of the Revolving Fund and the issuance and discharge of the Notes. Any purchase of Notes pursuant to this subsection (b) shall be made with unpledged monies Commissioners Minutes Continued. March 14, 2002 79 drawn from revolving funds established by the County in connection with retired general obligation limited tax notes. V. MULTIPLE SERIES 501. Issuance of Multiple Series. At the option of the Treasurer, exercisable by written order, the Notes issued under Article II, Article III or Article X may be issued in two or more individually designated series. Each series shall bear its own rate of interest, which may be fixed or variable in accordance with Article IV. Various series need not be issued at the same time and may be issued from time to time in the discretion of the Treasurer exercisable by written order. In determining the dates of issuance of the respective series, the Treasurer shall consider, among other pertinent factors, the impact the dates selected may have on the marketability, rating and/or qualification for credit support or liquidity support for, or insurance of, the Notes. The Notes of each such series shall be issued according to this Resolution in all respects (and the term "Notes" shall be deemed to include each series of Notes throughout this Resolution), provided that: (a) The aggregate principal amount of the Notes of all series shall not exceed the maximum aggregate amount permitted under Section 103; (b) Each series shall be issued pursuant to Article II or Article III, and different series may be issued pursuant to different Articles; (c) Each series shall be issued pursuant to Section 502 or Section 503, and different series may be issued pursuant to different Sections; (d) A series may be issued under Article II for one, two, or three of the annual maturities set forth in Article II with the balance of the annual maturities being issued under Article II or under Article III in one or more other series, provided that the minimum annual maturities set forth in Section 203 shall be reduced and applied pro rata to all Notes so issued; and (e) The Notes of all series issued pursuant to Article II above shall not, in aggregate, mature in amounts or on dates exceeding the maximum authorized maturities set forth in Section 203. 502. Series Secured Pari Passu. If the Notes are issued in multiple series pursuant to this Article V, each series of Notes may, by written order of the Treasurer, be secured pari passu with the other by the security described in and the amounts pledged by Article VII below. Moreover, such security may, pursuant to further order of the Treasurer, be segregated in accordance with the following provisions. (a) The Treasurer may by written order establish separate sub-accounts in the County's 2002 Note Reserve Account for each series of Notes, into which shall be deposited the amount borrowed for the Note Reserve Account for each such series. (b) The Treasurer may by written order establish separate sub-accounts in the County's 2002 Note Payment Account for each series of Notes, and all amounts deposited in the Note Payment Account shall be allocated to the sub-accounts. (c)(i) In the event separate sub-accounts are established pursuant to subsection (b) above, and subject to Paragraph (ii) below, the percentage of deposits to the County's 2002 Note Payment Account allocated to each sub-account may be set equal to the percentage that Notes issued in the corresponding series bears to all Notes issued under this Resolution or to any other percentage designated by the Treasurer pursuant to written order; provided that if the various series are issued at different times or if the various series are structured with different maturity dates, (I) sums deposited in the Note Payment Account prior to the issuance of one or more series may upon the issuance of each such series be reallocated among the various sub-accounts established under Subsection (b) above to achieve a balance among the sub-accounts proportionate to the designated percentage allocation, and/or (II) deposits to the Note Payment Account may be allocated among the sub-accounts according to the total amount of debt service that will actually be paid from the respective sub-accounts. (ii) Alternatively, the Treasurer may, by written order, rank the sub-accounts established under Subsection (b) above in order of priority, and specify that each such sub-account shall receive deposits only after all sub-accounts having a higher priority have received deposits sufficient to discharge all (or any specified percentage of) Notes whose series corresponds to any of the sub-accounts having priority. (d) In the absence of a written order of the Treasurer to the contrary, the amounts in each sub- account established pursuant to this Section 502 shall secure only the Notes issued in the series for which such sub-account was established, until such Notes and interest on such Notes are paid in full, Commissioners Minutes Continued. March 14, 2002 80 after which the amounts in such sub-account may, pursuant to written order of the Treasurer, be added pro rata to the amounts in the other sub-accounts and thereafter used as part of such other sub-accounts to secure all Notes and interest on such Notes for which such other sub-accounts were created, until paid in full. Alternatively, amounts held in two or more sub-accounts within either the Note Reserve Account or the Note Payment Account may be commingled, and if commingled shall be held pari passu for the benefit of the holders of each series of Notes pertaining to the relevant sub-accounts. 503. Series Independently Secured. If the Notes are issued in multiple series pursuant to this Article V, each series of Notes may, by written order of the Treasurer, be independently secured in accordance with this Section 503. (a) Each series of Notes shall pertain to one or more taxing units, as designated by the Treasurer pursuant to written order, and no two series of Notes shall pertain to the same taxing unit. A school district, intermediate school district, or community college district extending beyond the boundaries of a city in which it is located may, pursuant to written order of the Treasurer, be subdivided along the boundaries of one or more cities and each such subdivision shall be deemed a taxing unit for purposes of this Section 503. (b) Separate sub-accounts shall be established in the County's 2002 Tax Payment Account. Each sub-account shall receive the proceeds of one and only one series of Notes, and amounts shall be disbursed from the sub-account to only those taxing units designated as being in that series. (c) In the event Notes are issued for deposit into the Project Account established under Section 701, separate sub-accounts shall be established in the Project Account. Each sub-account shall receive the proceeds of one and only one series of Notes, and amounts shall be disbursed from the sub-account only to accounts, sub-accounts and/or taxing units designated as being in the series corresponding to the sub-account from which disbursement is being made. (d) A separate sub-account shall be established in the County's 2002 Note Reserve Account for each series of Notes, into which shall be deposited the amount determined by the Treasurer under Section 103 or Section 703 with respect to the series. Each sub-account shall secure one and only one series. (e) A separate sub-account shall be established in the County's 2002 Note Payment Account for each series of Notes. Each sub-account shall be allocated only those amounts described in Section 704 which pertain to the taxing units included in the series corresponding to the sub-account. Chargebacks received from a taxing unit pursuant to Section 906 shall be deposited in the sub-account corresponding to the series in which the taxing unit is included. Amounts held in each sub-account shall secure the debt represented by only those Notes included in the series corresponding to the sub-account, and disbursements from each sub-account may be applied toward the payment of only those Notes included in the series corresponding to the sub-account. (f) The amounts in each sub-account established pursuant to this Section 503 shall secure only the Notes issued in the series for which such sub-account was established until such Notes and interest on such Notes are paid in full, after which any amounts remaining in such sub-account shall accrue to the County and shall no longer be pledged toward payment of the Notes. VI. TAXABILITY OF INTEREST 601. Federal Tax. The County acknowledges that the current state of Federal law mandates that the Notes be structured as taxable obligations. Consequently, the Notes shall, subject to Article X, be issued as obligations the interest on which is not excluded from gross income for purposes of Federal income tax. 602. State of Michigan Tax. Consistent with the treatment accorded all obligations issued pursuant to Act 206, interest on the Notes shall be exempt from the imposition of the State of Michigan income tax and the State of Michigan single business tax, and the Notes shall not be subject to the State of Michigan intangibles tax. 603. Change in Federal Tax Status. In the event there is a change in the Federal tax law or regulations, a ruling by the U.S. Department of Treasury or Internal Revenue Service establishes that the Notes may be issued as exempt from Federal income taxes or a change in Michigan law causes the Notes in the opinion of counsel to be exempt from federal income taxes, the Notes may be so issued. VII. FUNDS AND SECURITY 701. Delinquent Tax Project Account. If the Notes are issued and sold before the Treasurer has received certification from the taxing units of the amount of the Delinquent Taxes and if such certification Commissioners Minutes Continued. March 14, 2002 81 is not reasonably anticipated in time to allow distribution of the proceeds of the Notes within 20 days after the date of issue, a 2002 Delinquent Tax Project Account (the "Project Account") shall be established by the Treasurer as a separate and distinct fund of the County within its general fund. The Project Account shall receive all proceeds from the sale of the Notes, including any premium or accrued interest received at the time of sale. The Project Account shall be held in trust by an escrow agent until the monies therein are disbursed in accordance with this Article VII. The escrow agent shall be a commercial bank, shall be located in Michigan, shall have authority to exercise trust powers, and shall have a net worth in excess of $25,000,000. The form and content of the agreement between the County and the escrow agent shall be approved by the Treasurer. Subject to the following sentence, monies deposited in the Project Account shall be expended only (i) for the purpose of funding the Tax Payment Account established under Section 702 and (ii) to the extent permitted by Act 206, for the purpose of paying the expenses of the offering of the Notes. In the event the Treasurer by written order so directs, additional funding of the Project Account may be undertaken, and any surplus proceeds remaining in the Project Account after the Treasurer has completed the funding of the Tax Payment Account may be transferred to either the 2002 Note Reserve Account created under Section 703 or the 2002 Note Payment Account created under Section 704. Monies in the Project Account may be disbursed by the escrow agent to the County's 2002 Tax Payment Account at any time and from time to time, upon receipt of a written requisition signed by the Treasurer. 702. 2002 Tax Payment Account. The County's 2002 Tax Payment Account (the "Tax Payment Account") is hereby established as a distinct account within the Revolving Fund. The Treasurer shall designate all or a portion of the proceeds of the Notes, not to exceed the amount of Delinquent Taxes, for deposit in the Tax Payment Account. If, however, the proceeds of the Notes are initially deposited in the Project Account pursuant to Section 701, the Treasurer is instead authorized and directed to transfer monies included in the Project Account in accordance with the procedures set forth in Section 701. The County shall apply the monies in the Tax Payment Account to the payment of the Delinquent Taxes or expenses of the borrowing in accordance with Act 206. The allocation of monies from the Tax Payment Account may be made pursuant to a single, comprehensive disbursement or may instead be made from time to time, within the time constraints of Act 206, to particular taxing units as monies are paid into the Tax Payment Account, such that the source of the monies (whether from the County's own funds, from the proceeds of a tax exempt borrowing or from the proceeds of a taxable borrowing) may be traced to the particular taxing unit receiving the funds. Moreover, and regardless of whether multiple series of Notes are issued, the Tax Payment Account may be divided into separate sub-accounts in order to allow the Treasurer to designate which taxing units shall receive borrowed funds and which shall receive funds otherwise contributed by the County. 703. 2002 Note Reserve Account. In the event funding is provided as described in this Section 703, the Treasurer shall establish a 2002 Note Reserve Account (the "Note Reserve Account") as a distinct account within the Revolving Fund. After depositing all of the monies to fund the Tax Payment Account pursuant to Section 702, the Treasurer shall next transfer to the Note Reserve Account, either from the Project Account or directly from the proceeds of Notes, any proceeds remaining from the initial issuance of the Notes. In addition, the Treasurer may transfer unpledged monies from other County sources to the Note Reserve Account in an amount which, when added to any other amounts to be deposited in the Note Reserve Account, does not exceed the amount reasonably required for the Notes secured by the Reserve Account or, if less, 20% of the total amount of the Notes secured by the Reserve Account. Except as provided below, all monies in the Note Reserve Account shall be used solely for payment of principal of, premium, if any, and interest on the Notes to the extent that monies required for such payment are not available in the County's 2002 Note Payment Account. Monies in the Note Reserve Account shall be withdrawn first for payment of principal of, premium, if any, and interest on the Notes before County general funds are used to make the payments. All income or interest earned by, or increment to, the Note Reserve Account due to its investment or reinvestment shall be deposited in the Note Reserve Account. When the Note Reserve Account is sufficient to retire the Notes and accrued interest thereon, the Treasurer may order that the Note Reserve Account be used to purchase the Notes on the market, or, if the Notes are not available, to retire the Notes when due. If so ordered by the Treasurer, all or any specified portion of the Note Reserve Account may be applied toward the redemption of any Notes designated for redemption in accordance with Section 209. Commissioners Minutes Continued. March 14, 2002 82 704. 2002 Note Payment Account. (a) The County's 2002 Note Payment Account is hereby established as a distinct account within the Revolving Fund. (The County's 2002 Note Payment Account, as supplemented by monies held in any interim account that are designated for transfer to the 2002 Note Payment Account, is herein referred to as the "Note Payment Account".) The Treasurer is directed to deposit into the Note Payment Account, promptly on receipt, those amounts described below in Paragraphs (i), (ii), (iv), and (v) that are not excluded pursuant to Subsection (c) below. Furthermore, the Treasurer may, by written order, deposit into the Note Payment Account all or any portion of the amounts described below in Paragraph (iii). (i) All Delinquent Taxes. (ii) All statutory interest on the Delinquent Taxes. (iii) All property tax administration fees on the Delinquent Taxes, net of any amounts applied toward the expenses of this borrowing. (iv) Any amounts that are received by the Treasurer from the taxing units within the County because of the uncollectability of the Delinquent Taxes. (v) Any amounts remaining in the Project Account after the transfers to the Tax Payment Account and Note Reserve Account have been made as specified in Sections 702 and 703. (b) Monies in the Note Payment Account shall be used by the County to pay principal of, premium, if any, and interest on the Notes as the same become due and payable. (c) (i) The Treasurer may by written order provide that only a portion of the sums described above in Subsection (a) shall be deposited into the Note Payment Account and applied toward the payment of debt service on the Notes, in which event those sums which are withheld from the Note Payment Account shall be deposited into the Tax Payment Account or, pursuant to further order of the Treasurer, applied toward any other purpose consistent with Act 206. The portion of any sums described in Subsection (a) which are withheld from the Note Payment Account pursuant to this Subsection shall be determined in accordance with the following Paragraph. (ii) Prior to the issuance of the Notes, the Treasurer may by written order specify a cut-off date not earlier than March 1, 2002, and only those sums payable to the Note Payment Account and received by the County after the cut-off date shall be applied to the Note Payment Account. (d) The Treasurer may by written order provide that at such time as sufficient funds shall have been deposited into the Note Payment Account to pay all remaining amounts owed under the Notes the pledge on any additional monies otherwise payable to the Note Payment Account shall be discharged and such monies shall not be deposited into the Note Payment Account or otherwise pledged toward payment of the Notes. (e) The Treasurer may by written order provide that in the event Notes are issued pursuant to Article III, amounts that would otherwise be included in the Note Payment Account or the Note Reserve Account (or any sub-account therein for a particular series of Notes) shall not include any amounts received by the County prior to the latest maturity date of any series of Notes previously issued under Article II and/or Article III. 705. Limited Tax General Obligation and Pledge. (a) The Notes shall be the general obligation of the County, backed by the County's full faith and credit, the County's tax obligation (within applicable constitutional and statutory limits) and the County's general funds. The County budget shall provide that if the pledged monies are not collected in sufficient amounts to meet the payments of the principal and interest due on the Notes, the County, before paying any other budgeted amounts, shall promptly advance from its general funds sufficient monies to pay such principal and interest. (b) In addition, the monies listed below are pledged to the repayment of the Notes and, subject to Section 901, shall be used solely for repayment of the Notes until the principal of, premium (if any) and interest on the Notes are paid in full: (i) All amounts deposited or earned in any Project Account, until disbursed in accordance with Section 701; (ii) All net proceeds from the sale of the Notes deposited or earned in the Tax Payment Account, until disbursed in accordance with Section 702; (iii) All amounts deposited in the Note Payment Account pursuant to Section 704(a); (iv) All amounts deposited in the Note Reserve Account; Commissioners Minutes Continued. March 14, 2002 83 (v) All amounts earned from the investment of monies held in the Note Payment Account or the Note Reserve Account; and (vi) Any supplemental monies placed in the Note Payment Account and drawn in the discretion of the Treasurer from unpledged sums on the revolving funds, which pledge shall be subject to such limitations or exceptions as shall be set forth in the written order of the Treasurer. (c) If the Notes shall be issued in various series pursuant to Article V, this pledge shall in the case of any independently secured series extend only to monies in accounts or sub-accounts pertaining to the particular series. (d) If the amounts so pledged are not sufficient to pay the principal and interest when due, the County shall pay the same from its general funds or other available sources. Pursuant to written order of the Treasurer, the County may later reimburse itself for such payments from the Delinquent Taxes collected. 706. Security for Renewal, Refunding or Advance Refunding Notes. Renewal, refunding, or advance refunding Notes shall be secured by all or any portion of the same security securing the Notes being renewed, refunded or advance refunded. The monies pledged in Section 705 for the repayment of the Notes are also pledged for the repayment of the principal of, premium, if any, and interest on any renewal, refunding, or advance refunding Notes issued pursuant to this Resolution, and any such renewal, refunding, or advance refunding Notes shall be the general obligation of the County, backed by its full faith and credit, which shall include the tax obligation of the County, within applicable constitutional and statutory limits. 707. Use of Funds after Full Payment or Provisions for Payment. After all principal of, premium, if any, and interest on the Notes have been paid in full or provision made therefor by investments of pledged amounts in direct noncallable obligations of the United States of America in amounts and with maturities sufficient to pay all such principal, premium, if any, and interest when due, any further collection of Delinquent Taxes and all excess monies in any fund or account of the Revolving Fund, and any interest or income on any such amounts, may, pursuant to written order of the Treasurer and subject to Article V, be used for any proper purpose within the Revolving Fund including the securing of subsequent issues of notes. VIII. SUPPLEMENTAL AGREEMENTS 801. Supplemental Agreements and Documents. The Treasurer, on behalf of the County, is authorized to enter into any or all of the following agreements or commitments as may, in the Treasurer's discretion, be necessary, desirable or beneficial in connection with the issuance of the Notes, upon such terms and conditions as the Treasurer may determine appropriate: (a) A letter of credit, line of credit, repurchase agreement, note insurance, or similar instrument, providing backup liquidity and/or credit support for the Notes; (b) A reimbursement agreement, revolving credit agreement, revolving credit note, or similar instrument, setting forth repayments of and security for amounts drawn under the letter of credit, line of credit, repurchase agreement or similar instrument; (c) A marketing, remarketing, placement, authenticating, paying or tender agent agreement or dealer agreement designating a marketing, remarketing, authenticating, paying, tender or placement agent or dealer and prescribing the duties of such person or persons with respect to the Notes; and (d) A put agreement or provision allowing the purchaser of the Notes to require the County to repurchase the Notes upon demand at such times as may be provided in such put agreement or provision. (e) An agreement to use amounts formerly pledged to other years borrowings as security for the Notes when no longer so pledged. 802. Revolving Credit Notes. If the Treasurer enters into a revolving credit agreement (the "Agreement") pursuant to Section 801 above, the Agreement may call for the issuance of one or more revolving credit notes (the "Revolving Credit Notes") for the purpose of renewing all or part of maturing Notes or Notes that have been put pursuant to a put agreement or provision. Such Revolving Credit Notes shall be issued pursuant to Article II or III, as appropriate, and in accordance with the following provisions: (a) Interest on the Revolving Credit Notes may be payable on maturity, on prior redemption, monthly, bi-monthly, quarterly, or as otherwise provided in the Agreement. Commissioners Minutes Continued. March 14, 2002 84 (b) The Revolving Credit Notes may mature on one or more date or dates not later than the final maturity date of the Notes, as provided in the Agreement. (c) The Treasurer may, at the time of the original issuance of the Notes, execute and deliver one Revolving Credit Note in a maximum principal amount not exceeding the lending commitment under the Agreement from time to time in force (and may substitute one such Note in a lesser principal amount for another in the event the lending commitment is reduced), provided that a schedule shall be attached to such Note on which loans and repayments of principal and interest are evidenced and further provided that the making of a loan and the evidencing of such loan on the schedule of any such Note shall constitute the issuance of a renewal Note for purposes of this Resolution. IX. MISCELLANEOUS PROVISIONS 901. Expenses. Expenses incurred in connection with the Notes shall be paid from the property tax administration fees collected on the Delinquent Taxes and, if so ordered by the Treasurer, from any earnings on the proceeds of the offering or from other monies available to the County. 902. Application to Department of Treasury. The Treasurer or Bond Counsel is authorized to make application to the Department of Treasury on behalf of the County for an order permitting the County to make this borrowing and issue the Notes or to apply to the Department of Treasury for an exception to prior approval. 903. Bond Counsel. The Notes (and any renewal, refunding or advance refunding Notes) shall be delivered with the unqualified opinion of Axe & Ecklund, P.C., which selection of bond counsel may, at the option of the Treasurer, be for one or more years. 904. Financial Consultants Municipal Financial Consultants Incorporated, Grosse Pointe Farms, Michigan, is hereby retained to act as financial consultant and advisor to the County in connection with the sale and delivery of the Bonds. 905. Complete Records. The Treasurer shall keep full and complete records of all deposits to and withdrawals from each of the funds and accounts in the Revolving Fund and any account or sub- account created pursuant to this Resolution and of all other transactions relating to such funds, accounts and sub-accounts, including investments of money in, and gain derived from, such funds and accounts. 906. Chargebacks. If, by the date which is three months prior to the final maturity date of the Notes, sufficient monies are not on deposit in the Note Payment Account and the Note Reserve Account to pay all principal of and interest on the Notes when due, Delinquent Taxes not then paid or recovered at or prior to the latest tax sale transacted two or more months before the final maturity of the Notes shall, if necessary to ensure full and timely payment on the date of final maturity, be charged back to the local units in such fashion as the Treasurer may determine, and, subject to Article V, the proceeds of such chargebacks shall be deposited into the County's 2002 Note Payment Account no later than five weeks prior to the final maturity of the Notes. This Section 905 shall not be construed to limit the authority of the Treasurer under State law to charge back under other circumstances or at other times. 907. Investments. The Treasurer is authorized to invest all monies in the Project Account, in the Revolving Fund or in any account or sub-account therein that is established pursuant to this Resolution in any one or more of the investments authorized as lawful investments for counties under Act No. 20, Public Acts of 1943, as amended. The Treasurer is further authorized to enter into a contract on behalf of the County under the Surplus Funds Investment Pool Act, Act No. 367, Michigan Public Acts of 1982, as amended, and to invest in any investment pool created thereby monies held in the Project Account, in the Revolving Fund, or in any account or sub-account therein which is established pursuant to this Resolution. 908. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is mutilated, lost, stolen, or destroyed, the Treasurer may, on behalf of the County, execute and deliver, or order the Registrar or Paying Agent to authenticate and deliver, a new Note having a number not then outstanding, of like date, maturity and denomination as that mutilated, lost, stolen or destroyed. In the case of a mutilated Note, a replacement Note shall not be delivered unless and until such mutilated Note is surrendered to the Treasurer or the Registrar or Paying Agent. In the case of a lost, stolen, or destroyed Note, a replacement Note shall not be delivered unless and until the Treasurer and the Registrar or Paying Agent shall have received such proof of ownership and loss and indemnity as they determine to be sufficient. ARTICLE X. TAX-EXEMPT NOTES OR REFUNDING Commissioners Minutes Continued. March 14, 2002 85 1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The County acknowledges that the current state of Federal law precludes the issuance of the Notes as obligations the interest on which is exempt from Federal income tax. However, the County presently contemplates that anticipated amendments to the Internal Revenue Code of 1986 (the "Code") and/or the Treasury Regulations issued thereunder (the "Regulations") or a change in Michigan law changing the character of the Notes may in the future permit the issuance of general obligation limited tax notes on a tax-exempt basis, and, in view of this expectation, the County, through the offices of the Treasurer, shall issue tax-exempt notes or issue obligations to refund any or all outstanding Notes issued as taxable obligations, at the time, on the terms, and to the extent set forth in this Article X. 1002. Timing of Refunding. The aforementioned refunding obligations (the "Refunding Notes") shall be issued after the effective date of any change in the Code, Regulations, Internal Revenue Service pronouncements or judicial rulings which, as confirmed by the written opinion of bond counsel, permit the refunding of all or some of the outstanding Notes with proceeds from obligations the interest on which is excluded from gross income for purposes of Federal income tax. 1003. Extent of Refunding. Subject to the other provisions of this Section 1003, the Refunding Notes shall refund all Notes outstanding at or after the effective date of any change in the law described in Section 1002. This Section 1003 shall not, however, be construed to require the refunding of any Note prior to the time such Note may be refunded on a tax-exempt basis, nor shall this Section 1003 be construed to require the refunding of any Note, if that refunding would result in greater cost to the County (including interest expense, professional fees and administrative outlays) than would arise if the Note were to remain outstanding. 1004. Confirmatory Action. Subsequent to any change in the law described in Section 1002, the Board shall convene to consider any terms of the Refunding Bonds requiring specific ratification by the Board. 1005. Arbitrage Covenant and Tax Law Compliance. In the event tax-exempt Notes or Refunding Notes are issued pursuant to this Article X, the following covenants shall be observed by the County: (i) the County will make no use of the proceeds of the Notes or Refunding Notes and will undertake no other intentional act with respect to the Notes or Refunding Notes which, if such use or act had been reasonably expected on the date of issuance of the Notes or Refunding Notes or if such use or act were intentionally made or undertaken after the date of issuance of the Notes or Refunding Notes, would cause the Notes or Refunding Notes to be "arbitrage bonds," as defined in Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), in the Regulations promulgated under Sections 103 and 148 of the Code or in any successor or supplementary provision of law hereinafter promulgated, (ii) the County will undertake all actions as shall be necessary to maintain the Notes or Refunding Notes as obligations the interest on which qualifies for the tax exemption provided by Section 103(a) of the Code, including, where appropriate and without limitation, filing informational returns with the Secretary of Treasury, keeping accurate account of all monies earned in any fund, account or sub- account authorized by this Resolution or any resolution adopted in accordance with Section 1004 above, certifying cumulative cash flow deficits of the County and the local units, and investing any required portion of the gross proceeds of the Notes or Refunding Notes, whether on behalf of the County or the local units, in tax-exempt obligations or State and Local Government Series obligations, and (iii) the County will make timely payment to the United States of any investment earnings, realized by the County on the gross proceeds of the Notes or Refunding Notes, as may be subject to rebate under Section 148(f) of the Code, and, to the extent required under applicable law or deemed by the Treasurer to be in the best interest of the County pursuant to written order, the County's obligation to make such payment to the United States shall also account for excess investment earnings realized by local units on all or a portion of the gross proceeds distributed to, and held by, the local units pursuant to Section 702, (iv) the Treasurer shall be directed to take such actions and to enter into such agreements and certifications, on behalf of the County, as the Treasurer shall deem necessary or appropriate to comply with the foregoing covenants. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. March 14, 2002 86 (The vote for this motion appears on page 97.) *MISCELLANEOUS RESOLUTION #02037 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND FOR DELINQUENT 2001 TAXES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Administrative Fund is necessary for the County Treasurer to administer the Delinquent Tax Revolving Fund. NOW THEREFORE BE IT RESOLVED that the County Treasurer, pursuant to Section 87c, Sub-Section (2), of Act 206, is designated as Agent for the County, and the Treasurer's office shall receive such sums as are provided in Section 87c, Sub-section (3), to cover administrative expenses. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 97.) *MISCELLANEOUS RESOLUTION #02038 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES - LEASED VEHICLES - FLEET EXPANSION OF ONE (1) VEHICLE FOR PARKS AND RECREATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted a leased vehicle policy through Miscellaneous Resolution #93230 which was amended by Miscellaneous Resolution #94357 and requires additional vehicles to be approved by the Board of Commissioners; and WHEREAS the Parks and Recreation Commission has requested the addition of one leased vehicle, a pick-up truck; and WHEREAS the vehicle will be assigned to Lyon Oaks for maintenance operations; and WHEREAS $24,000 is required to purchase the vehicle, and funding is available in General Fund Contingency to cover the capital acquisition fee; and WHEREAS as required by policy, the County Executive's Department of Central Services has reviewed the request and determined it is justified within the policy. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the expansion of the fleet by one (1) vehicle to be assigned to Parks and Recreation. BE IT FURTHER RESOLVED that in the event Parks & Recreation reduces its fleet anytime in the future, the remaining capital from this reduction will be returned to the County's General Fund (#101). FY 2002 FY 2003 General Fund Expense 101-90-290000-25000-2564 Contingency ($24,000) 101-90-310000-21000-8001 Oper. Trans.Out 24,000 $ - 0 - Motor Pool Fund Revenue 661-13-661001-10-0635 Leased Equipment $ 2,050 $4,920 661-13-661003-10-1701 Oper. Trans. In 24,000 $26,050 $4,920 Expense 661-13-661002-10-3903 Depreciation $ 2,050 $4,920 661-13-661002-10-8005 Chg in Fund Equity 24,000 $26,050 $4,920 $- 0 - $ - 0 - Commissioners Minutes Continued. March 14, 2002 87 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 97.) *REPORT (MISC #02039) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION MASTER PLAN – FEBRUARY 2, 2002 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution on February 26, 2002, recommends the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #02039 BY: General Government Committee, William Patterson, Chairperson IN RE: PARKS AND RECREATION COMMISSION - OAKLAND COUNTY PARKS AND RECREATION MASTER PLAN – FEBRUARY 2, 2002 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission has reviewed the “Oakland County Parks and Recreation Master Plan – February 6, 2002”; and WHEREAS the “Oakland County Parks and Recreation Master Plan – February 6, 2002” goals and objectives were developed in response to the identified needs and deficiencies based on citizen surveys and input from county and local governmental officials, parks and recreation department directors, and Oakland County Parks and Recreation Commission and staff members; and WHEREAS the “Oakland County Parks and Recreation Master Plan – February 6, 2002” meets the Oakland County Parks and Recreation Commission’s long-range goals, objectives, and financial funding; and WHEREAS the goals and objectives will assist the Oakland County Parks and Recreation Commission in determining future planning by lending direction while remaining flexible to allow for adjustments by creative and responsible management; and WHEREAS the Oakland County Parks and Recreation adopted the revised “Oakland County Parks and Recreation Master Plan – February 6, 2002.” NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the “Oakland County Parks and Recreation Master Plan – February 6, 2002.” Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of memo from Ralph Richard, Executive Officer Oakland County Parks and Recreation Commission, to William Patterson, and Oakland County Parks and Recreation Master Plan Update 2002- 2006 Executive Summary on file in County Clerk’s office. (The vote for this motion appears on page 97.) Commissioners Minutes Continued. March 14, 2002 88 *MISCELLANEOUS RESOLUTION #02021 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/DIGITAL INFORMATION SERVICE CENTER – REVISION OF @CCESS OAKLAND MASTER FEE STRUCTURE 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 Misc. Resolution #97165 dated August 14, 1997, adopted the Oakland County Enhanced Access to Public Records Policy; and WHEREAS Section 3 (FEES) of the aforementioned policy specifies that “ It is the policy of Oakland County to charge a reasonable fee for providing enhanced access to a public record”; and WHEREAS the policy defines “reasonable fee” as a charge calculated to enable recovery, over time, only those operating expenses directly related to the public body’s provision of enhanced access; and WHEREAS the policy further specifies that proposed fees shall be presented to and approved by the Board of Commissioners before they shall be effective; and WHEREAS the Board of Commissioners, by Misc. Resolution #00026 dated February 4, 2000, approved a Master Fee Structure for all Oakland County enhanced access products and services; and WHEREAS upon the request of the Clerk/Register of Deeds, the Department of Information Technology wishes to expand the Master Fee Structure to add two (2) new product offerings entitled ROD Electronic Image (per page) and ROD Electronic Index (per document) – see revised Master Fee Structure attached; and WHEREAS the aforementioned product additions and recommended prices are as follows: ROD Electronic Image: 1983 through immediate past year (2002) $.08 per page Current Records (2003) $.10 per page ROD Electronic Index: 1983 through immediate past year (2002) $.10 per document Current Records (2003) $.12 per document NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the revised @CCESS Oakland Master Fee Structure (copy attached) which includes the aforementioned new product offerings. BE IT FURTHER RESOLVED that because the source data for these particular products is the Register of Deeds office and not local units, the revenue generated from the ROD Electronic Image and ROD Electronic Index is exempt from @CCESS Oakland revenue sharing to local units of government. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Attachment 1, @ccess Oakland Master Fee Structure on file in County Clerk’s office. FISCAL NOTE (MISC. #02021) By: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/DIGITAL INFORMATION SERVICE CENTER – REVISION OF @CCESS OAKLAND MASTER FEE STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Department of Information Technology, in partnership with the Clerk/Register of Deeds office, would like to expand the Master Fee Structure to add two (2) new products offerings entitled ROD Electronic Image, and ROD Electronic Index. 2. Fees for the ROD Electronic Image will be set at $.08 per page for 1983 through immediate past year (2002), $.10 per page for current records (2003). Fees for the ROD Electronic Index will be set at $.10 per document for 1983 through immediate past year (2002), $.12 per document for current records (2003). Commissioners Minutes Continued. March 14, 2002 89 3. The source data for these two products is the Register of Deeds office and not local units. The revenue generated from ROD Electronic Image and ROD Electronic Index is therefore exempt from @CCESS Oakland revenue sharing to local units of government. 4. At this time a budget amendment is not recommended due to insufficient data available regarding the cost of the implementation, as well as the amount of revenue to be generated. Once sufficient data becomes available a budget amendment will be recommended. FINANCE COMMITTEE (The vote for this motion appears on page 97.) *MISCELLANEOUS RESOLUTION #02022 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2002 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the non- departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the First Quarter 2002 data processing development charges to be $1,075,090 and the imaging development charge to be $65,729 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $347,265.81 and non-county agencies is $0 for the First Quarter 2002; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the First Quarter 2002 Data Processing Development Report and approves the First Quarter appropriation transfer as specified on the attached schedule. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Information Technology Data Processing Development Summary 1st Quarter 2002, and Information Technology – Reserve Fund Development/Support Detail – First Quarter, 2002 on file in County Clerk’s office. FISCAL NOTE (MISC. #02022) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2002 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-reference resolution and finds: 1. The resolution appropriates and charges the Information Technology First Quarter 2002 Development cost to benefiting departments. 2. The first quarter data processing development charges are $1,075,090; imaging development charges are $65,729 for General Fund/General Purpose departments; direct charges to Special Revenue and Proprietary fund departments are $347,265.81; and charges to non- county agencies are $0. 3. The respective departmental Fiscal Year 2002 budgets are to be amended as specified in the attached detail schedule. FINANCE COMMITTEE (The vote for this motion appears on page 97.) Commissioners Minutes Continued. March 14, 2002 90 *MISCELLANEOUS RESOLUTION #02023 BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: PERSONNEL DEPARTMENT – FISCAL YEAR 2002-2004 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION (MNA) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Michigan Nurses Association, have been negotiating a contract covering 126 Public Health Nurses; and WHEREAS a 3–year agreement has been reached for the period October 1, 2001, through September 30, 2004, and said agreement has been reduced to writing; and WHEREAS this agreement provides for a 4% increase for Fiscal Year 2002; the same increase as the general non-represented employees for Fiscal Year 2003; and a wage re-opener for Fiscal Year 2004; and WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and the Michigan Nurses Association, covering the period of October 1, 2001, through September 30, 2004, and that the Board Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of the County of Oakland and Michigan Nurses Association Collective Bargaining Agreement 2001- 2004 on file in County Clerk’s office. FISCAL NOTE (MISC. #02023) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT – FISCAL YEAR 2002-2004 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION (MNA) 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 County of Oakland and the Michigan Nurses Association have reached an agreement regarding wages and benefits for Fiscal Year 2002 – 2004. 2. The agreement includes a 4% wage increase for FY 2002, an increase in FY 2003 that matches the non-represented employees and a wage re-opener for FY 2004, as well as providing that the employees represented by this bargaining agreement will receive any benefit changes provided to the general non-represented County employees in the same time and the same manner. 3. The total annual cost of the contract change equals $210,823 for the salary increase and related fringe benefits. 4. Funding to cover this contract change was included in the FY 2002 and FY 2003 Adopted Budget. Therefore, no additional appropriation is required. FINANCE COMMITTEE (The vote for this motion appears on page 97.) *REPORT (MISC. #02028) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: CIRCUIT COURT – CREATION OF TWO (2) JUDGESHIPS IN THE SIXTH JUDICIAL CIRCUIT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed Miscellaneous Resolution #02028 on February 27, 2002, recommends the resolution be adopted. Commissioners Minutes Continued. March 14, 2002 91 Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #02028 BY: Public Services, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT – CREATION OF TWO (2) JUDGESHIPS IN THE SIXTH JUDICIAL CIRCUIT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the last time a Circuit Court judge was added was in 1994 when one new Oakland County Circuit Court Judge was approved to take office January 1, 1995 bringing the total number of Circuit Judges to 17; and WHEREAS the State Court Administrative Office (SCAO) has completed its biennial review (Judicial Resources Recommendation Report of August 2001) of the judicial resource needs of Michigan’s trial courts; and WHEREAS the SCAO report recommends that two (2) Circuit Judgeships be created in the Sixth Judicial Circuit Court with a review of judgeship needs in two years; and WHEREAS the Circuit Court concurs with the SCAO recommendation that two circuit judgeships be added to the Sixth Judicial Circuit Court; and WHEREAS the Oakland County Board of Commissioners, in Miscellaneous Resolution #01286, supported the legislation authorizing an additional two (2) Circuit Judgeships in the Sixth Judicial Circuit; and WHEREAS the State of Michigan’s 91st Legislature passed PA 252 of 2001 authorizing statewide reorganization of the courts enabling the creation of two (2) Circuit Court Judgeships for the Sixth Judicial Circuit Court; and WHEREAS PA 236 of 1961 specifies that the responsibility to approve the creation of recommended judgeships rests with the County Board of Commissioners; and WHEREAS the 2002 total annual compensation for Circuit Court Judges in the State of Michigan is $139,919 consisting of a State share of $94,195 and the County reimbursed share being $45,724; and WHEREAS requests for appropriate related support staff will be included as part of the FY 2003-2004 Biennial budget process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of two (2) Circuit Court Judge positions in the Sixth Judicial Circuit Court to be filled by election in 2002 for a judicial term to begin January 1, 2003. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners agrees to provide and maintain facilities, personnel and operating costs to operate these judgeships and court in accordance with the statutes of the State of Michigan, the Michigan Court Rules, and the Michigan Constitution. BE IT FURTHER RESOLVED that a copy of this resolution shall be filed with the State Court Administrator. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Overview on file in County Clerk’s office. FISCAL NOTE (MISC. #02028) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT – CREATION OF TWO (2) JUDGESHIPS IN THE SIXTH JUDICIAL CIRCUIT COURT 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. By recommendation of the State Court Administrative Office’s (SCAO) biennial review (Judicial Resources Recommendation Report of August 2001), the SCAO report recommends that two (2) Circuit Judgeships be created in the Sixth Judicial Circuit Court. Commissioners Minutes Continued. March 14, 2002 92 2. The State of Michigan’s 91st Legislature passed PA 252 of 2001 authorizing statewide reorganization of the courts enabling the creation of two (2) Circuit Court Judgeships in the Sixth Judicial Circuit Court. 3. The State of Michigan will reimburse Oakland County for the County’s portion of the salary. 4. The associated operating cost and the ongoing salary and fringe cost will be budgeted during the FY 2003/FY 2004 budget cycle. 5. The following budget amendment is recommended to the FY 2003 General Fund budget to cover the period of January 1, 2003 through September 30, 2003: General Fund (101) FY 2003 Revenue 1-90-290000-25000-0207 Cir Ct Judge Sal $158,638 Total Revenue $158,638 Expenditure Circuit Court 2-35-210000-21100-2001 Salaries $ 71,329 2-35-210000-21100-2074 Fringes 87,309 Total Expenditures $158,638 Net of Revenues and Expenditures $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 97.) *MISCELLANEOUS RESOLUTION #02027 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT – USE OF MEDIATION FUNDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #90177, the Board of Commissioners established the Circuit Court Civil Mediation Fund; and WHEREAS the fund is to be used to help pay for Circuit Court enhancements and improvements as requested by the Circuit Court and approved by the Board of Commissioners; and WHEREAS the Court seeks to utilize the Mediation Fund for the following purposes: QTY DESCRIPTION COST Furniture 27 Courtroom (Jury box chairs, bench chair, $18,250 Counsel chairs, courtroom chairs, Witness chair) 20 Judges (Desk, side chairs, computer table, 21,100 Bookcases, conference room chairs, Conference table) 5 Judicial Staff (desk, fax cabinets, printer stand, 5,600 Task chair) 13 Court Administration (task chairs) 4,680 15 Jury Assembly Room (cubicles) 6,000 Equipment 1 Judicial Staff (4-drawer lateral file cabinet) 1,000 Other Oakland Mediation Center (mediate cases 10,000 Involving PPOs) Oakland County Bar Association (offset 10,000 Mediation administrative expenses and 2002 Bench/Bar Conference TOTAL MEDIATION FUND REQUEST $75,630 WHEREAS the total Civil Mediation Fund transfer for the above-referenced items is estimated to be $75,630. Commissioners Minutes Continued. March 14, 2002 93 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the use of $75,630 from the Circuit Court Civil Mediation Fund for the above-referenced items. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #02027) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT – USE OF MEDIATION FUNDS 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. Resolution authorizes the utilization of Circuit Court Civil Mediation funds as established by Miscellaneous Resolution #90177. 2. Request for these funds are to be used to pay for courtroom furniture ($54,630) equipment cost ($1,000) and other mediation cost ($20,000) for a total of $75,630. 3. Funding of $562,823 is available in the Circuit Court Civil Mediation account of which a portion is reserved to pay attorney bills. 4. The following budget amendment is recommended to the FY 2002 budget: Circuit Court Mediation Funds(101) FY 2002 Revenue 1-35-130000-22200-0351 Civil Mediation $ 75,630 Expenditures 2-35-210000-11000-3348 Professional Svcs. $ 10,000 2-35-243000-34000-3348 Professional Svcs. 10,000 2-35-220000-11000-4100 Expendable Equip. 4,680 2-35-230000-21100-4100 Expendable Equip. 25,950 2-35-230000-21200-4100 Expendable Equip. 350 2-35-230000-24000-4100 Expendable Equip. 6,000 2-35-244000-31100-4100 Expendable Equip. 18,650 Total Expenditures $ 75,630 Net of Revenues and Expenditures $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 97.) *MISCELLANEOUS RESOLUTION #02025 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT - CONTRACT EXTENSION FOR PRIVATE FOOD SERVICE VENDOR THROUGH 2006 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff requested that the County Purchasing Division send out a Request for Proposal (RFP) to have a private company operate the food service operation within the Sheriff’s Department; and WHEREAS proposals were received and evaluated and the lowest bidder was approved as an acceptable vendor; and WHEREAS Corporation Counsel in conjunction with Purchasing and the Sheriff’s Department and per the direction of Miscellaneous Resolution #00163 contracted with ARAMARK CORRECTIONAL SERVICES, INC; and WHEREAS the contract was for three (3) years with a start date of August 19, 2000; and WHEREAS the Sheriff Department kitchen is in need of some new equipment; and WHEREAS ARAMARK has offered to put a capital investment of $100,000 into equipment if the County agrees to extend the contract for three (3) years; and WHEREAS Corporation Counsel in conjunction with the Sheriff and Management and Budget has drafted a proposed extension for three (3) years to include the $100,000 capital investment by ARAMARK. Commissioners Minutes Continued. March 14, 2002 94 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract amendment with ARAMARK CORRECTIONAL SERVICES, INC., to extend the current professional services contract for three (3) years including the investment of $100,000 by ARAMARK. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Amendment and Change Order of Contract Amendment #1 and Attachment A on file in County Clerk’s office. FISCAL NOTE (MISC. #02025) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT EXTENSION FOR PRIVATE FOOD SERVICE VENDOR THROUGH 2006 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. Aramark Correctional Services Inc. currently has a three (3) year contract with Oakland County to provide food services with a start date of August 19, 2000. 2. The Sheriff Department kitchen is in need of new equipment, which is estimated at a replacement cost of $138,000. 3. Aramark Correctional Services, Inc. has offered to supply $100,000 in capital investment in return for extending the current contract an additional three (3) years through 2006. 4. Funds are available in General Fund Designated Fund Balance for Cafeteria Equipment (90- 190000-14000-9407-9000) to cover the difference $38,000 ($138,000 - $100,000). 5. No budget amendments are required for FY 2002 and FY 2003 with respect to Contracted Services (Inmate Meals). Budgets for FY 2004, FY 2005 and FY 2006 will be developed as more information on the cost per meal becomes available. 6. A budget amendment for equipment expenditures for FY 2002 is recommended as follows: FY 2002 Fund Dept OCA PCA Object Revenue 101 90 190000 14000 1582 Prior Year Balance $38,000 Expend. 101 43 023335 22000 9157 Equipment $38,000 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 97.) *MISCELLANEOUS RESOLUTION #02026 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT - APPROVAL OF DRAGOON ARMORED VEHICLE USAGE CONTRACT WITH GENERAL DYNAMICS LAND SYSTEMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS General Dynamics Land Systems manufactures an armored vehicle called a Dragoon Police Emergency Rescue Vehicle-Model Patroller, and has offered to allow the Oakland County Sheriff's Department to use or demonstrate the Dragoon vehicle when it is available; and WHEREAS the Sheriff's Department foresees the possibility of emergency or other law enforcement situations when the use of a Dragoon may help prevent injuries or loss to properties of persons; and WHEREAS the Sheriff's Department would require the use of the vehicle for scheduled training purposes if the vehicle were to be used during emergency situations; and WHEREAS Miscellaneous Resolution #92052 and #95242 approved by the Board of Commissioners approved a previous contract; and Commissioners Minutes Continued. March 14, 2002 95 WHEREAS this contract has been approved by Corporation Counsel; and WHEREAS this contract has been approved consistent with the County Executive's Contract Approval Procedure. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve the attached contract with General Dynamics Land Systems for the use of a Dragoon Police Emergency Rescue Vehicle by the Oakland County Sheriff's Department and authorizes the County Executive and Chairperson of the Board of Commissioners to execute the attached contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Dragoon Patroller Armored Vehicle Loan Agreement between General Dynamics Land Systems, Oakland County, and the Oakland County Sheriff, and Schedule A Dragoon Description on file in County Clerk’s office. FISCAL NOTE (MISC. #02026) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT - APPROVAL OF DRAGOON ARMORED VEHICLE USAGE CONTRACT WITH GENERAL DYNAMICS LAND SYSTEMS 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. General Dynamics Land Systems (GDLS) has offered the use of an armored vehicle called a Dragoon Police Emergency Rescue Vehicle-Model Patroller to the Oakland County Sheriff’s Department when available. 2. The Sheriff’s Department foresees that in the case of an emergency, the Dragoon may help to prevent injuries and the loss of property. 3. Miscellaneous Resolution #92052 and #95242 approved previous contracts with General Dynamics for this same purpose. 4. For the period of use, the County shall pay to GDLS $500 for routine and preventive maintenance (Sec. 6). 5. The agreement covers such period of time as GDLS may have a Dragoon available for such purposes. There is a 30-day termination clause, which can be exercised by either party. 6. Insurance for this vehicle is included in the auto insurance policy. 7. Sufficient funds exist in the FY 2002 and FY 2003 Sheriff's budget to cover preventive maintenance and insurance, therefore, no budget amendments are required. FINANCE COMMITTEE (The vote for this motion appears on page 97.) *MISCELLANEOUS RESOLUTION #02040 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT – 2002 MICHIGAN DRUG COURT IMPLEMENTATION GRANT (ADULT PROGRAM) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a granting period of January 1, 2002 through December 31, 2002; and WHEREAS the application requested funding in the amount of $173,339 of which $75,000 was the state portion, $25,000 was the County’s match, and $73,339 would be derived from other sources of funding; and WHEREAS the award from the SCAO is for $60,000, $20,000 is the County’s Match, $63,339 from the Michigan Department of Corrections, and $10,000 from the Michigan Department of Community Health, Office of Substance Abuse for a total of $153,339 (a 12% variance from the application); and WHEREAS the twenty-five percent (25%) cash County Match of $20,000 was budgeted in the Circuit Court general fund budget, and no additional appropriation is required; and Commissioners Minutes Continued. March 14, 2002 96 WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS to provide program coordination the Circuit Court (Adult Program) will fund the (1) full-time eligible special revenue Community Service Coordinator for three quarters of the 2002 calendar year, as the first quarter has been funded with carryover funding from the 2002 SCAO Drug Court Grant 2001-15; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the contract is in process of approval in accordance with the County Executive’s Review Process; and WHEREAS the County will make reasonable effort to continue the Drug Court Program but is not mandated to continue the program under all circumstances. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrative Office, Michigan Drug Court Program Grant, in the amount of $153,339 which includes $60,000 from the State, $20,000 as the County’s Match, $63,339 from the Michigan Department of Corrections, and $10,000 from the Michigan Department of Community Health. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract and that the chairperson may 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 acceptance of this grant is conditioned upon the continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of the grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that the Circuit Court (Adult Program) grant fund the one (1) full-time eligible special revenue Community Service Coordinator for three quarters of the 2002 calendar year, the first quarter having already been funded with carryover funds from the 2001 SCAO Drug Court Grant 2001-15. BE IT FURTHER RESOLVED that no positions may be filled nor expenditures authorized until a grant agreement is fully executed with the County’s obligation limited to the grant funding period. BE IT FURTHER RESOLVED that the Court report semi-annually to the Public Services Committee and the Finance Committee on the effectiveness of the grant program. BE IT FURTHER RESOLVED that continuation of the new positions associated with this grant is contingent upon continuation of state funding. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract/Program Review Request on file in County Clerk’s office. FISCAL NOTE (MISC. #02040) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT – 2002 MICHIGAN DRUG COURT IMPLEMENTATION GRANT (ADULT PROGRAM) 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 Circuit Court has received a grant from the State Court Administrators Office (SCAO), Michigan Drug Court Program, for the period of January 1, 2002, through December 31, 2002, in the amount of $60,000. 2. In addition to the grant award of $60,000, a County match (currently budgeted in the Circuit Court FY 2002 Budget) of $20,000 is required. The total program also includes a $63,339 Michigan Department of Corrections in-kind match and a $10,000 Michigan Department of Community Health in-kind match, which brings the total program funding to $153,339. Commissioners Minutes Continued. March 14, 2002 97 3. This grant will fund one (1) full-time eligible special revenue Community Service Coordinator position for three quarters of the 2002 calendar year, as the first quarter has been funded with carryover funding from the 2001 SCAO Drug Court Grant 2001-15. 4. According to the current agreement language, acceptance of this grant will not require the County to continue the program beyond the grant-funding period. 5. A budget amendment is recommended as follows: Special Revenue Fund 279 Revenue 1-35-279-100111-28000-0171 Grants-State $ 60,000 1-35-279-100111-28000-0167 Grant Match 20,000 $ 80,000 Expenditures 2-35-279-200111-28000-2001 Salaries $ 38,409 2-35-279-200111-28000-2075 Fringe Benefits $ 15,272 2-35-279-200111-28000-3348 Professional Services $ 25,000 2-35-279-200111-28000-4252 Office Supplies $ 1,319 $ 80,000 FINANCE COMMITTEE Vote on resolutions on the Consent Agenda: AYES: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted with accompanying reports being accepted. MISCELLANEOUS RESOLUTION #02029 BY: Nancy Dingeldey, District #11 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF WOLVERINE LAKE - FY 2002 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the Village of Wolverine Lake has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Village of Wolverine Lake is requesting reimbursement for expenses directly related to ground and/or surface water, water supply, sewer and/or drainage systems and/or water pollution control efforts incurred as part of a City, Village or Township road project; and WHEREAS the FY 2002 authorized amount of funding for the Village of Wolverine Lake is $17,532.73 annually from the Environmental Infrastructure Fund as repayment to the Village of Wolverine Lake for expenses incurred in connection with environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Wolverine Lake as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2002 appropriation in the amount of $17,532.73 annually from the Environmental Infrastructure Fund (Account #90-263207-41000-3985) to repay the City of Farmington for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Commissioners Minutes Continued. March 14, 2002 98 Chairperson, I move the adoption of the foregoing resolution. NANCY DINGELDEY Copy of letter of correspondence from Village of Wolverine Lake Clerk Rita L. Irwin regarding Infrastructure Fund Expense Reimbursement Request on file in County Clerk’s office. FISCAL NOTE (MISC. #02029) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF WOLVERINE LAKE - FY 2002 ALLOCATION 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. $17,532.73 is available annually in the Environmental Infrastructure Fund for FY 2002, to reimburse the Village of Wolverine Lake for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. FINANCE COMMITTEE Moved by Douglas supported by Dingeldey the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Douglas supported by Dingeldey the resolution be adopted. Moved by Douglas supported by Dingeldey the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the amendment carried. Moved by Douglas supported by Dingeldey the resolution be amended in the BE IT FURTHER RESOLVED Paragraph as follows: BE IT FURTHER RESOLVED that the Board authorizes a FY 2002 appropriation in the amount of $17,532.73 annually from the Environmental Infrastructure Fund (Account #90-263207-41000- 3985) to repay the Village of Wolverine Lake for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. A sufficient majority having voted therefore, the amendment carried. Vote on resolution, as amended: AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #02041 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET / FISCAL SERVICES - CREATION OF ACCOUNTANT III POSITION FOR GRANTS ACCOUNTING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS during the past eight years, Oakland County has made a concerted effort to obtain grant funding from Federal, State, and private sources in order to expand services to its citizens without expenditure of General Fund dollars; and Commissioners Minutes Continued. March 14, 2002 99 WHEREAS during this time period the County has contracted with an outside firm to expand grant opportunities, has employed a Grant Writer to assist departments in applying for grants, and has created a Grant Administrator position to assist with grant compliance; and WHEREAS these efforts have been successful in that Oakland County has expanded the dollar value of grants from the 1994 amount of $11,874,980 to the FY 2001 amount of $21,379,403, an 80% increase, three times the rate of inflation; and WHEREAS during the same time period that grant volume increased 80%, the Grants Accounting Unit, which is responsible for the accounting and financial reporting related to grants, experienced a 33% reduction in staff, from six (6) full-time employees to four (4) full-time employees; and WHEREAS of the four current positions in the Grants Accounting Unit, one Accountant III position is dedicated full-time, and is paid from Community Development grants, and one Accountant II position is dedicated full-time, and is paid from Workforce Development grants; and WHEREAS this configuration leaves only one Accountant I and one Supervisor, paid from General Fund allocations, responsible for the accounting and financial reporting of most of the remaining grants received by the County; and WHEREAS the aforementioned increase in workload and the increased complexity of reporting requirements is making it impossible for the current Grant Accounting staff to maintain their required functions resulting in untimely or inaccurate grant reporting potentially leading to disallowed cost, which would require payback from the County General Fund, or potentially the loss of future grant opportunities; and WHEREAS the addition of one (1) General Fund / General Purpose funded Accountant III position would place the County in a better position to meet all grant accounting and financial reporting requirements; and WHEREAS the annual cost for an Accountant III position equals $70,277, including $45,634 in salary, $18,254 in fringe benefits, and $6,389 in operating. Cost for the balance of FY 2002 equals $27,530; and WHEREAS due to the work of Fiscal Services staff, in conjunction with private firm Maximus, Inc., there has been an increase in General Fund indirect cost revenue which can be used to cover the cost of an additional Accountant III position. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the creation of one (1) General Fund / General Purpose funded Accountant III position in the Fiscal Services Division / Grants Accounting Unit, to be funded by revenue generated from indirect cost charges to grants. BE IT FURTHER RESOLVED that the FY 2002 and FY 2003 Biennial Budget should be amended, as specified below, to provide the resources to fund the additional Accountant III position: FY 2002 FY 2003 Revenue 90-130000-12000-0585 Indirect Cost $27,530 $70,277 Expenditures 12-622200-28000-2001 Salaries $17,551 $45,634 12-622200-28000-2074 Fringe Benefits 7,021 18,254 12-622200-28000-6636 I.T. Operations 2,188 5,689 12-622200-28000-6675 Telephone Comm. 270 700 12-622200-28000-4101 Expend. Equipment 500 0 $27,530 $70,277 $ 0 $ 0 FINANCE COMMITTEE The Chairperson referred the resolution to the Personnel Committee. There were no objections. Commissioners Minutes Continued. March 14, 2002 100 MISCELLANEOUS RESOLUTION #02042 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – DELINQUENT TAX REVOLVING FUND – FISCAL RESPONSIBILITY PLAN – REVISION #1 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS acting under the authority of the General Property Tax Act, PA 206 of 1893, as amended by PA107 of 1968, MCL211.87b, the Board of Commissioners established the Oakland County Delinquent Tax Revolving Fund (DTRF) in 1974; and WHEREAS operation of the DTRF by the County Treasurer has consistently provided taxing units with a stable revenue stream while also generating a surplus; and WHEREAS the Board of Commissioners annually incorporate into the General Appropriations Act a strict policy for accessing funds from the DTRF; and WHEREAS the Governmental Accounting Standards Board (GASB) Statement #34 requires that the DTRF be reported as a Major Fund within the Business-type Activities Category in the Comprehensive Annual Financial Report (CAFR); and WHEREAS the Board of Commissioners, by Misc. Resolution #01183, dated July 19, 2001, adopted the original Delinquent Tax Revolving Fund – Fiscal Responsibility Plan which prudently utilizes DTRF resources without jeopardizing its primary mission, by using the fund to pay debt service on certain specified capital projects that are included in the Board of Commissioners approved Long-Term Capital Improvement Program; and WHEREAS several events have occurred since adoption of the original Plan which require incorporation of the following changes: 1. Revised bond amounts ($23.4 million), sold December 11, 2001, for Work Release Facility, including funding for Information Technology Projects: Video Conferencing and Jail Management Systems; 2. Revised estimates for bonds ($17.1 million) for acquisition of property and construction of new court facility for 52nd District Court-Division III – Rochester/Rochester Hills; 3. Revised estimates for bonds ($22.4 million) to cover cost of acquisition and renovation of the Oakland Intermediate School District Administration Building; 4. Addition of estimates for bonds ($12.2 million) to cover the cost of site work and construction of 197 T-Hangars at the three Oakland County general aviation airports; and 5. Revised assumptions for impact of market rates on DTRF interest earnings and bond interest cost, as well as anticipated bond issuance expense based on recent experience. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the attached Delinquent Tax Revolving Loan Fund – Fiscal Responsibility Plan – Revision #1 (copy on file with the County Clerk). BE IT FURTHER RESOLVED that individual projects, included in the plan, require approval by the Board of Commissioners and designation of DTRF funding to pay debt service. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Memo from County Executive Administration to the Board of Commissioners regarding Delinquent Tax Revolving Fund – Fiscal Responsibility Plan – Revision #1 on file in County Clerk’s office. Moved by Douglas supported by Amos the resolution be adopted. AYES: Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. Commissioners Minutes Continued. March 14, 2002 101 REPORT (MISC. #02031) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: EXPANSION OF OAKLAND COUNTY RESIDENT PRESCRIPTION DISCOUNT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution on February 28, 2002, reports with the recommendation that the resolution be adopted with the following amendment: Move the fourth, fifth and sixth WHEREAS paragraphs to be the first, second and third BE IT FURTHER RESOLVED paragraphs; Also, that the letter from National Prescription Administrators dated February 5, 2002, be attached to the resolution. Chairperson, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #02031 BY: Sue Ann Douglas, District #8 IN RE: EXPANSION OF OAKLAND COUNTY RESIDENT PRESCRIPTION DISCOUNT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Misc. Resolution #00264 dated October 19, 2000, authorized the establishment of a Senior Resident Prescription Discount Program, effective November 1, 2000, for Oakland County residents who have attained the age of sixty (60); and WHEREAS after successfully completing the County’s competitive bid process, the Board of Commissioners authorized the selection of National Prescription Administrators, Inc. (NPA) to administer the Senior Resident Prescription Discount Program; and WHEREAS NPA has developed a discount program for Oakland County residents under the age of sixty (60) which can be used at a national network of participating chain and independent pharmacies to receive an average savings of 40% on generic medications and an average savings of 15% off brand name medications; and WHEREAS after paying an annual family fee of $20.00 or an individual fee of $14.00, participants will pay up front the lesser of the Usual and Customary Price or Average Wholesale Price (AWP) less 13% plus $2.25 dispensing fee for brand name medications or the Maximum Allowable Cost (MAC) pricing, which can be up to 50% off the AWP price, plus the $2.25 dispensing fee on generic medications; and WHEREAS for a minimum charge of $5.00 per prescription fill to cover mailing and postage costs, mail order pharmacy service is also available at a savings of no less than 16% below AWP for brand name medication and 45% below AWP for generic medication, both requiring a $2.25 dispensing fee for each 90 days supply; and WHEREAS the annual enrollment fee that will be billed direct to the consumer includes the following bundled services: • Network management of NPA’s open network; • Eligibility acquisition, maintenance and verification; • Participant services, including toll-free access to customer service, use of IVR systems, pharmacy locator, and NPA website data files; • Claims adjudication at the point of sale; • Account management during the implementation process and while the plan is active, as well as incorporation of future design savings suggestions; • Formulary management, including rebate agreements with sixty (60) manufacturers and formulary intervention with patients, pharmacists and physicians; • Drug utilization review programs that focus on concurrent, retrospective and prospective review of drug use; • Standardized reporting package of 19 reports covering financial, management, utilization and eligibility issues surrounding the Program; and WHEREAS the County Executive recommends approval of this resolution. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the expansion of the Commissioners Minutes Continued. March 14, 2002 102 Oakland County Resident Prescription Discount Program, effective April 1, 2002, to all residents under the age of sixty (60). BE IT FURTHER RESOLVED that the firm of National Prescription Administrators, Inc. be maintained as the administrator of the expanded program for the remaining period of their three-year contract (expiring October 31, 2003). BE IT FURTHER RESOLVED that, if the State or Federal government creates a prescription program that is equal to or better than this program, the County shall terminate this program for those who qualify for the State or federal program. Chairperson, we move adoption of the foregoing resolution. SUE ANN DOUGLAS, NANCY DINGELDEY, SHELLEY TAUB, FRAN AMOS, THOMAS MIDDLETON, LAWRENCE OBRECHT, DAVID GALLOWAY, JOHN GARFIELD, MICHELLE APPEL, HUGH CRAWFORD, BRENDA CAUSEY-MITCHELL, RUEL MCPHERSON, THOMAS A. LAW, CHUCK MOSS, WILLIAM R. PATTERSON, TERRY SEVER, WILLIAM BRIAN, DAVID MOFFITT, ERIC COLEMAN, VINCE GREGORY, TIM MELTON Copy of letter from Richard Ullman, President of NPA, and Express Scripts and National Prescription Administrators Announce Acquisition Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #02031) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: EXPANSION OF OAKLAND COUNTY RESIDENT PRESCRIPTION DISCOUNT PROGRAM 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 annual enrollment fee will be billed direct to the consumer and therefore no cost to the County. FINANCE COMMITTEE Moved by Douglas supported by Palmer the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Douglas supported by Taub the resolution be adopted. Moved by Douglas supported by Taub the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the amendment carried. Vote on resolution as amended: AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. Commissioners Minutes Continued. March 14, 2002 103 REPORT (MISC. #02043) BY: General Government Committee, William Patterson, Chairperson IN RE: MANAGEMENT AND BUDGET - ACQUISITION OF SOFTWARE LICENSE FOR INTEGRATED E-FINANCIAL SYSTEM INCLUDING SINGLE SIGN-ON CAPABILITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on March 14, 2002, recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #02043 BY: Finance Committee – Sue Ann Douglas, Chairperson IN RE: MANAGEMENT AND BUDGET – ACQUISITION OF SOFTWARE LICENSE FOR INTEGRATED E-FINANCIAL SYSTEM INCLUDING SINGLE SIGN-ON CAPABILITIES To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the need exists for system technology in the areas of e-procurement, enhanced time and labor reporting, and project costing; and WHEREAS a request for proposal (RFP) was issued for the e-procurement functionality; and WHEREAS several vendors submitted proposals in response to the e-procurement RFP; and WHEREAS based on the specifications, the software license cost for the two functions of e-procurement, and project costing is estimated at $1.4 million; and WHEREAS PeopleSoft, one of the proposers, is offering an alternate proposal for a fully integrated solution which includes applications for e-procurement, time and labor, project costing, an internet portal, data warehousing applications, budgeting, financial system, on-line payment, activity based management, and additional human resource applications for an approximate license cost of $1.7 million, which includes the first year’s maintenance cost; and WHEREAS this bundled price is approximately 60% below the standard government list price; and WHEREAS PeopleSoft is offering an annual maintenance cost based on the discounted license price, providing perpetual savings into the future; and WHEREAS hardware cost for the above detailed E-Financial System are estimated to be $200,000; and WHEREAS the County currently has a positive experience using the PeopleSoft product for payroll and human resources applications, which could be further integrated into the new applications being proposed; and WHEREAS the County has been notified by our current financial system software provider, KPMG, that the Performance Series product will be migrating toward an internet web platform that will be incompatible with the County’s standard; and WHEREAS this incompatibility will gradually create functionality gaps, shortening the financial system’s life cycle to a range of two to four, significantly increasing maintenance cost and forcing the County to choose another financial system; and WHEREAS the PeopleSoft alternative proposal offers an opportunity for a fully integrated system at substantial cost savings now and into the future, as well as providing expanded functionality utilizing internet technology; and WHEREAS in order to facilitate use of a fully integrated E-Financial System with other County used application, a single sign-on capability (the ability to use one sign-on to access all County applications allowed by an individual's security profile) is also recommended; and WHEREAS the estimated cost for licenses, hardware, first year maintenance, and Information Technology staff time to implement the Single Sign-On capability is estimated to be $750,000; and WHEREAS in order to solicit vendors with the capacity to implement the proposed E-Financial System and Single Sign-On capacity, and to assist in the integration of the entire system, it is recommended that PeopleSoft Consulting be hired, at an estimated cost of $250,000, to develop specifications for a Request for Proposal for implementation; and Commissioners Minutes Continued. March 14, 2002 104 WHEREAS the total cost of licenses, hardware, first year maintenance and development of an implementation Request for Proposal equals $2.9 million; and WHEREAS the total amount of $1.5 million in the General Fund Designated Fund Balance for E-Oakland, and $1.4 million of the $3.0 million in the General Fund Designated Fund Balance for Financial System Enhancements, is available for appropriation to cover the original project cost; and WHEREAS it is estimated that implementation cost will range from $2.5 million to $3.0 million (actual cost will be based upon responses to the RFP mentioned above), these costs will be built into the FY 2003 County Executive Recommended Budget. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes acquisition of PeopleSoft licenses for an integrated E-Financial System, including e-procurement, enhanced time and labor reporting, project costing, and internet portal for on-line payment, as well as activity based management, budgeting and financial reporting. BE IT FURTHER RESOLVED that the FY 2002 Budget be amended, as specified below, for the purchase of the PeopleSoft software license by appropriating $1.5 million from the Designated General Fund Balance for E-Oakland and $1.4 million from the Designated Fund Balance for Financial System Enhancements (general ledger accounts 9407-80000 and 9407-5000): GENERAL FUND 90-190000-14000-1582 Use of Prior Years Rev. $ 2,900,000 90-310000-40000-8001 Transfer to I.T. $ 2,900,000 $ -0- INFORMATION TECHNOLOGY FUND 18-636122-15000-1701 Transfer in from G.F. $ 2,900,000 Fund Balance $ 2,900,000 $ -0- Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Patterson the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Discussion followed. Moved by Douglas supported by Middleton the resolution be adopted. AYES: Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell. (22) NAYS: Crawford, McPherson. (2) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02044 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - RENEWAL OF PARTNERSHIP AGREEMENT WITH THE CITY OF SOUTHFIELD FOR SANITARIAN SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1998 the City of Southfield sought to partner with the Oakland County Health Division for contractual sanitarian services; and WHEREAS pursuant to Miscellaneous Resolution #98271, a Senior Public Health Sanitarian position was created to assist the City of Southfield in developing an Inspection and Certification Program which will enable the city to enforce its Sewer Ordinance; and WHEREAS this position also facilitates educational forums related to the benefits of the city's sewer connection program and in addition, directs the maintenance and/or repairs of on-site sanitary systems; and Commissioners Minutes Continued. March 14, 2002 105 WHEREAS the City of Southfield entered into a contractual agreement to reimburse Oakland County for 100% of the costs associated with the Senior Public Health Sanitarian position; and WHEREAS this agreement has expired, and the City of Southfield desires to extend the agreement for a period of three (3) years ending November 28, 2004, with all other terms and conditions of the original agreement to remain the same. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the contract renewal to November 28, 2004 with the City of Southfield for sanitarian services, to assist in developing an Inspection and Certification Program. BE IT FURTHER RESOLVED that the continuation of this position is contingent upon continued reimbursement from the City of Southfield at a level sufficient to maintain the program and personnel. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the agreement and approve changes and extensions not to exceed fifteen (15%) percent, which is consistent with the agreement as originally approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Contract/Program Review Request on file in County Clerk’s office. FISCAL NOTE (MISC. #02044) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – RENEWAL OF PARTNERSHIP AGREEMENT WITH THE CITY OF SOUTHFIELD FOR SANITARIAN SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. Miscellaneous Resolution #98271 created a Senior Public Health Sanitarian position to assist the City of Southfield in developing an Inspection and Certification Program which enabled the city to enforce its Sewer Ordinance. 2. Annual costs associated with the Senior Public Health Sanitarian position are $77,926 and 100% reimbursed by the City of Southfield. 3. The contract renewal is for a (3) three year extension beginning November 28, 2001, through November 28, 2004. 4. Revenue and expenditures related to this contract are included in the FY 2002 and FY 2003 Adopted Budget, therefore, no budget amendments are required. FINANCE COMMITTEE Moved by Patterson supported by Coleman the resolution be adopted. AYES: Crawford, Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLLANEOUS RESOLUTION #02045 BY: General Government Committee, William R. Patterson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – ESTABLISHMENT OF AN INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND VARIOUS MUNICIPALITIES LOCATED IN OAKLAND COUNTY FOR THE FIRE RECORDS MANAGEMENT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners approved the acquisition of the Fire Records Management System in Miscellaneous Resolution #99309; and Commissioners Minutes Continued. March 14, 2002 106 WHEREAS the Fire Records Management System is intended to capture and create fire records from its inception at a 9-1-1 call and continuing the record to include the computer-aided dispatch information resulting with a standard records management system for all participating municipalities. The Fire Records Management System promotes communication and sharing of fire records among the municipalities that participate; and WHEREAS the Department of Information Technology, the Department of Corporation Counsel, and the Fire Governance Committee have developed a Fire Records Management System Interlcoal Agreement setting forth the rights and obligations of the County and the municipalities participating in the Fire Records Management System; and WHEREAS the following municipalities are currently participating in the Fire Records Management System: Auburn Hills, Berkley, Birmingham, Bloomfield Hills, Bloomfield Township, Brandon Township, Clawson, Farmington Hills, Ferndale, Hazel Park, Highland Township, Huntington Woods, Independence Township, Madison Heights, Milford Township, North Oakland Fire Authority, Oak Park, Oakland Township, Pontiac, Rochester, Rochester Hills, Royal Oak, Tri City Fire, Troy, Walled Lake, Waterford, West Bloomfield, White Lake Township, Wixom. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Fire Records Management System Interlocal Agreement and authorizes the Chairperson of the Board to sign the Agreements with the above-listed municipalities and for any municipalities that choose to join the Fire Records Management System in the future. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Fire Records Management Agreement on file in County Clerk’s Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02046 BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: PERSONNEL DEPARTMENT - CLERICAL CLASSIFICATION STUDY OUTCOMES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Personnel Department conducted a study in conjunction with Macomb County to improve the examination process for entry level clerical positions; and WHEREAS results of the study support the use of a computerized test that incorporates customer service and basic computer competency modules in addition to modules that will test skills previously tested (Proofreading, Math, Filing and Typing); and WHEREAS the study results also support collapsing the current classifications of Clerk I, Clerk II, Clerk III and Typist I, Typist II into fewer classifications; and WHEREAS while the new proposed classifications of Clerk, Office Assistant I, Office Assistant II will be created with this resolution, the existing classifications cited above will not be deleted until current employees are placed into the new classification structure; and WHEREAS the anticipated date for this conversion of current employees into the new classifications will on or about April 30, 2002. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the creation of the following classifications and salary ranges with the understanding that current incumbents in the classifications of Clerk I, Clerk II, Clerk III, Typist I, Typist II will be placed in one of the new classifications based on their current duties, at a rate of pay that keeps them closest to their current pay but which does not provide a decrease in pay: Fiscal Year 2002 Base 1 Yr 2 Yr 3 Yr 4 Yr 5 Yr 6 Yr Clerk 20,734 22,036 23,421 24,811 26,198 27,587 28,970 *Office Asst.I (gr 3) 22,962 24,379 25,797 27,215 28,636 30,056 *Office Asst.II (gr 5) 25,202 26,725 28,250 29,775 31,300 32,827 Commissioners Minutes Continued. March 14, 2002 107 Fiscal Year 2001 (these rates are applicable for represented employees whose union contract has not been completed for FY2002) Fiscal Year 2001 Base 1 Yr 2 Yr 3 Yr 4 Yr 5 Yr 6 Yr Clerk 19,937 21,189 22,520 23,857 25,190 26,526 27,856 *Office Asst.I (gr 3) 22,079 23,441 24,805 26,168 27,535 28,900 *Office Asst.II (gr 5) 24,232 25,697 27,163 28,629 30,096 31,564 * permissible equivalents – allows a department the ability to move an employee from one classification to the next without the need for vacancy or a test. BE IT FURTHER RESOLVED that the Personnel Department will report back to the Personnel Committee with the results of current employee movements following the completion of this conversion. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02047 BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: PERSONNEL DEPARTMENT – FISCAL YEAR 2002-2004 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY TEAMSTERS LOCAL 214 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Teamsters Local 214, have been negotiating a contract covering approximately 17 General Staff Nurses; and WHEREAS a 3–year agreement has been reached for the period October 1, 2001, through September 30, 2004, and said agreement has been reduced to writing; and WHEREAS this agreement provides for a 4% increase for Fiscal Year 2002; the same increase as the general non-represented employees for Fiscal Year 2003; and a wage re-opener for Fiscal Year 2004; and WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and the Teamsters Local 214, covering the period of October 1, 2001, through September 30, 2004, and that the Board Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of the 2001-2004 Collective Bargaining Agreement for the County of Oakland and Teamsters, State, County and Municipal Workers Local 214 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02048 BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: PERSONNEL/HUMAN RESOURCES - SALARY ADMINISTRATION SECOND QUARTERLY REPORT FOR FY 2002 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study Group Reports approved by the Board of Commissioners for Grades 1 - 21 provide for a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the Second Quarterly Report for FY 2002 identifies the reviews completed and the salary grade changes recommended by the Personnel Department after completion of this review process; and Commissioners Minutes Continued. March 14, 2002 108 WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from Salary Administration Quarterly Report recommendations; and WHEREAS additional funding is available in FM&O proprietary funds for the recommended classification change in Facilities, Maintenance and Operations. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes implementation of the Salary Administration Second Quarterly Report for FY 2002, which includes the following personnel actions: Salary Grade Classification From: To: Location-Position Clerk III 5 6 14701-01910 (Reclassify one position to new classification titled FM&O Purchasing Clerk, OT Non-exempt) BE IT FURTHER RESOLVED that the following salary grade changes be approved: Salary Grade Classification From: To: Location-Position 15 -- 12612-01814 Accounting Systems Coordinator (Retitle to Financial Systems Coordinator, OT Exempt.) Remove from Salary Admin Plan. At the following new salary range: Period Base 1 Year 2 Year 3 Year 4 Year 5 Year Annual 53,542.00 56,766.00 59,992.00 63,218.00 66,443.00 69,670.00 Bi-weekly 2,059.30 2,183.32 2,307.40 2,431.45 2,555.51 2,679.61 BE IT FURTHER RESOLVED that the following unused classifications be deleted from the Salary Schedule: Chief-Pros Criminal Invest Division, Radio Communication Engineer, Senior-Program Evaluation and Operations Analyst. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02049 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER – ENFORCEMENT PART 91 OF THE MICHIGAN NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, SOIL EROSION AND SEDIMENTATION CONTROL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS on July 19, 1973 the Oakland County Board of Commissioners by resolution, designated the Oakland County Drain Commissioner as the “County Enforcing Agency” under Act 347 of the Public Acts of 1972, commonly referred to as the Soil Erosion and Sedimentation Control Act (“1972 P.A. 347”); and WHEREAS Act 451 of the Public Acts of 1994, as amended, repealed and re-codified 1972 PA 347, as Part 91 of the Michigan Natural Resources and Environmental Protection Act, Soil Erosion and Sedimentation Control, as amended, being MCLA 324.9101 et seq. (“Part 91”); and WHEREAS Part 91 provides for the control of soil erosion and the protection of the waters of the State from sedimentation; prescribes the powers, duties and functions of state and local agencies; provides for the promulgation of rules; and provides for remedies and penalties for violation of state law; and WHEREAS Part 91 requires that the County Board of Commissioners designate a county enforcing agency as the county agency for administering and enforcing Part 91 and the rules promulgated thereunder. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby re-designates the Drain Commissioner as the Oakland County’s enforcing agency under Part 91, who shall be responsible for the administering and enforcing Part 91 and the rules and regulations promulgated thereunder, 1998 MR 7, R 323.1701 through R 323.1714, which are incorporated herein by reference. Commissioners Minutes Continued. March 14, 2002 109 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Moved by Palmer supported by Amos the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02050 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: COMMUNITY & ECONOMIC DEVELOPMENT/SOLID WASTE RESOURCE MANAGEMENT CREATION OF ONE (1) GF/GP ASSOCIATE PLANNER AND ONE (1) SR CLERK III POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Solid Waste Resource Management has an expanded focus into various County wide recycling and waste management initiatives involving GIS mapping and planning; and WHEREAS the creation of the Brownfield Redevelopment Authority has significantly increased the workload of Solid Waste Resource Management staff; and WHEREAS Solid Waste Resource Management requests the creation of one (1) GF/GP Associate Planner position to oversee the conversion of historical data with GIS data, and assist in the preparation and implementation planning projects related to waste management and specialized programs; and WHEREAS Solid Waste Resource Management also requests the creation of one (1) SR Clerk III position to provide clerical support for Solid Waste Resource Management programs and staff; and WHEREAS Solid Waste Resource Management has available grant and professional services funds to cover costs for these positions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the creation of one (1) GF/GP Associate Planner position to be located in Community & Economic Development Administration/Solid Waste Resource Management Unit (19101). BE IT FURTHER RESOLVED to create one (1) SR Clerk III position to be funded by the Brownfield Redevelopment Authority Grant, and to be located in Community & Economic Development Administration/Solid Waste Resource Management Unit (19101). BE IT FURTHER RESOLVED that the Clerk III position would be contingent on continued grant funding. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. MISCELLANEOUS RESOLUTION #02051 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT - FIRE DISPATCH SERVICE FOR ADDISON TOWNSHIP FOR 2002-2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Department to enter into contractual agreements for the purpose of Fire Dispatch services; and WHEREAS at the request of Addison Township the Sheriff’s Department has been dispatching fire calls for the Addison Township Fire Department; and WHEREAS Miscellaneous Resolution #99078 authorized a contract for the years 1999/2000/2001 between the County and Addison Township; and Commissioners Minutes Continued. March 14, 2002 110 WHEREAS Addison Township has requested that the Sheriff’s Department continue to dispatch their fire calls; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the attached dispatch agreement; and WHEREAS the Sheriff’s Department along with the Department of Management & Budget is recommending the attached contract for dispatching services at the proposed rates of $5,800 for 2002, $6,000 for 2003, $6,200 for 2004, $6,400 for 2005 and $6,600 for 2006 between the County of Oakland and the Township of Addison. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Fire Dispatch Agreement with the Township of Addison. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2002-2007 Fire Dispatch Service Agreement Between the County of Oakland and the Charter Township of Addison on file in County Clerk's office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02052 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT – CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CHARTER TOWNSHIP OF COMMERCE FOR 2002-2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Department to enter into contractual agreements for the purpose of Fire Dispatch services; and WHEREAS at the request of the Charter Township of Commerce the Sheriff’s Department has been requested to dispatch fire calls for the Commerce Township Fire Department; and WHEREAS Miscellaneous Resolution #01079 authorized a contract for the year 2001 between the County and Commerce Township; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the attached dispatch agreement; and WHEREAS the Sheriff’s Department along with the Department of Management and Budget is recommending the attached contract for dispatching services at the proposed rates of $30,200 for 2002, $31,500 for 2003, $32,700 for 2004, $33,700 for 2005 and $35,000 for 2006 between the County of Oakland and Charter Township of Commerce. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Fire Dispatch Agreement with Charter Township of Commerce. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2002–2007 Fire Dispatch Service Agreement Between the County of Oakland and the Charter Township of Commerce on file in County Clerk's office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02053 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT - FIRE DISPATCH SERVICE FOR GROVELAND TOWNSHIP FOR 2002-2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Department to enter into contractual agreements for the purpose of Fire Dispatch services; and Commissioners Minutes Continued. March 14, 2002 111 WHEREAS at the request of Groveland Township the Sheriff’s Department has been dispatching fire calls for the Groveland Township Fire Department; and WHEREAS Miscellaneous Resolution #99077 authorized a contract for the years 1999/2000/2001 between the County and Groveland Township; and WHEREAS Groveland Township has requested that the Sheriff’s Department continue to dispatch their fire calls; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the attached dispatch agreement; and WHEREAS the Sheriff’s Department along with the Department of Management and Budget is recommending the attached contract for dispatching services at the proposed rates of $8,400 for 2002, $8,700 for 2003, $9,000 for 2004, $9,300 for 2005 and $9,600 for 2006 between the County of Oakland and the Township of Groveland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Fire Dispatch Agreement with the Township of Groveland. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2002-2007 Fire Dispatch Service Agreement Between the County of Oakland and the Charter 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 #02054 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT - FIRE DISPATCH SERVICE FOR CHARTER TOWNSHIP OF HIGHLAND FOR 2002-2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Department to enter into contractual agreements for the purpose of Fire Dispatch services; and WHEREAS at the request of the Charter Township of Highland, the Sheriff’s Department has been dispatching fire calls for the Highland Township Fire Department; and WHEREAS Miscellaneous Resolution #99076 authorized a contract for the years 1999/2000/2001 between the County and Charter Township of Highland; and WHEREAS the Charter Township of Highland has requested that the Sheriff’s Department continue to dispatch their fire calls; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the attached dispatch agreement; and WHEREAS the Sheriff’s Department along with the Department of Management & Budget is recommending the attached contract for dispatching services at the proposed rates of $16,800 for 2002, $17,500 for 2003, $18,200 for 2004, $18,800 for 2005 and $19,400 for 2006 between the County of Oakland and the Charter Township of Highland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Fire Dispatch Agreement with the Charter Township of Highland. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2002-2007 Fire Dispatch Service Agreement Between the County of Oakland and the Charter Township of Highland on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. March 14, 2002 112 MISCELLANEOUS RESOLUTION #02055 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT - FIRE DISPATCH SERVICE FOR CHARTER TOWNSHIP OF INDEPENDENCE FOR 2002-2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Department to enter into contractual agreements for the purpose of Fire Dispatch services; and WHEREAS at the request of the Charter Township of Independence, the Sheriff’s Department has been dispatching fire calls for the Independence Township Fire Department; and WHEREAS Miscellaneous Resolution #99344 authorized a contract for the years 1999/2000/2001 between the County and Charter Township of Independence; and WHEREAS the Charter Township of Independence has requested that the Sheriff’s Department continue to dispatch their fire calls; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the attached dispatch agreement; and WHEREAS the Sheriff’s Department along with the Department of Management and Budget is recommending the attached contract for dispatching services at the proposed rates of $30,200 for 2002, $31,500 for 2003, $32,700 for 2004, $33,700 for 2005 and $35,000 for 2006 between the County of Oakland and the Charter Township of Independence. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Fire Dispatch Agreement with the Charter Township of Independence. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2002-2007 Fire Dispatch Service Agreement Between the County of Oakland and the Charter Township of Independence on file in County Clerk's office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02056 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT - POLICE DISPATCH SERVICE FOR THE CITY OF THE VILLAGE OF CLARKSTON FOR 2002-2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Department to enter into contractual agreements for the purpose of Police Dispatch services; and WHEREAS at the request of the City of the Village of Clarkston the Sheriff’s Department has been dispatching police calls for the City of the Village of Clarkston Police Department; and WHEREAS Miscellaneous Resolution #99074 authorized a police dispatch contract for the years 1999/2000/2001 between the County and the City of the Village of Clarkston; and WHEREAS the City of the Village of Clarkston has requested that the Sheriff’s Department continue to dispatch their police calls; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the attached dispatch agreement; and WHEREAS the Sheriff’s Department along with the Department of Management and Budget is recommending the attached contract for dispatching services at a flat rate of $4,200 per year for five years, between the County of Oakland and the City of the Village of Clarkston. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Police Dispatch Agreement with City of the Village of Clarkston. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. March 14, 2002 113 Copy of 2002-2007 Police Dispatch Service Agreement Between the County of Oakland and the City of the Village of Clarkston on file in County Clerk's office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02057 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT - POLICE DISPATCH SERVICE FOR OAKLAND COMMUNITY COLLEGE FOR 2002-2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Department to enter into contractual agreements for the purpose of Police Dispatch services; and WHEREAS at the request of Oakland Community College the Sheriff’s Department has been dispatching police calls for Oakland Community College police; and WHEREAS Miscellaneous Resolution #99075 authorized a police dispatch contract for the years 1999/2000/2001 between the County and Oakland Community College; and WHEREAS Oakland Community College has requested that the Sheriff’s Department continue to dispatch their police calls; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the attached dispatch agreement; and WHEREAS the Sheriff’s Department along with the Department of Management & Budget is recommending the attached contract for dispatching services at the proposed rates of $58,000 for 2002, $60,000 for 2003, $61,800 for 2004, $63,600 for 2005 and $65,520 for 2006 between the County of Oakland and Oakland Community College. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Police Dispatch Agreement with Oakland Community College. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2002-2007 Police Dispatch Service Agreement Between the County of Oakland and Oakland County Community College on file in County Clerk's office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02058 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT AMENDMENT #4 FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS 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 Contract provides that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Rochester Hills City Council; and WHEREAS the City of Rochester Hills has approved a proposed amendment to the contract (Schedule A and A-1 Sheriff's Deputies Contracted) which would add one (1) Deputy II (no-fill) and one (1) Patrol Investigator bringing the total Deputy II’s (no-fill) to thirty-seven (37) and Patrol Investigators to eleven (11) with the total number of contracted officers at fifty-eight (58); and WHEREAS the Sheriff has agreed to add one (1) Deputy II (no-fill) and one (1) Patrol Investigator for the City of Rochester Hills under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A and A-1 (Sheriff Deputies Contracted) of the Oakland County Commissioners Minutes Continued. March 14, 2002 114 Sheriff's Department 1999-2003 Law Enforcement Services Agreement with the City of Rochester Hills to add one (1) Deputy II (no-fill) and one (1) Patrol Investigator. BE IT FURTHER RESOLVED that two (2) Deputy II positions be added to the Rochester Hills unit, Patrol Services Division of the Sheriff’s Department. BE IT FURTHER RESOLVED that one (1) unmarked vehicle (with mobile and prep radio) and one (1) marked patrol unit (with MDC, mobile and prep radio) be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on March 30, 2002. 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 Schedule A, Schedule A-1, and Oakland County Sheriff’s Department 1999-2003 Law Enforcement Services Agreement with City of Rochester Hills Amendment 4 on file in County Clerk's office. The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. MISCELLANEOUS RESOLUTION #02059 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OXFORD 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Charter Township of Oxford has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (Miscellaneous Resolution #00001); and WHEREAS paragraph 23 of this contract provides that an amendment to this contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Oxford Township Board; and WHEREAS Charter Township of Oxford has approved a proposed amendment to the contract (Schedule A and A-1, Sheriff's Deputies Contracted) which would add one (1) Lieutenant and bring the total number of contracted officers to fourteen (14); and WHEREAS the Sheriff has agreed to add one (1) Lieutenant for the Charter Township of Oxford under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 1999-2003 Law Enforcement Services Agreement with the Charter Township of Oxford to add one (1) Lieutenant. BE IT FURTHER RESOLVED that one (1) Lieutenant position be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff's Department. BE IT FURTHER RESOLVED that one (1) marked patrol vehicle (with mobile, prep and MDC) be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on March 30, 2002. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Charter Township of Oxford (As Amended on March 28, 2002) Schedule A , Schedule A-1, and Oakland County Sheriff’s Department 1999-2003 Law Enforcement Services Agreement with Charter Township of Oxford Amendment 3 on file in County Clerk’s office. The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. Commissioners Minutes Continued. March 14, 2002 115 MISCELLANEOUS RESOLUTION #02060 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT – IMPLEMENTATION OF A MEDICAL AND FIRE DISPATCH SYSTEM AND PERSONNEL ACTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Department provides emergency dispatching services to cities, villages and townships in Oakland County; and WHEREAS emergency calls often require medical assistance and pre-arrival instructions; and WHEREAS the Sheriff’s Department receives all cellular 911 calls in Oakland County from M-59 north and numerous calls south of M-59 many which involve medical emergencies, and those calls are increasing by a rate of 50% every year; and WHEREAS until now cities, villages and townships in Oakland County have relied on receiving medical instructions from the companies providing medical transportation; and WHEREAS most cities, villages and townships serviced by the Sheriff’s Department have their own medical transportation and are in need of emergency medical dispatching services; and WHEREAS to ensure prompt and accurate processing of calls for emergency medical assistance, the Sheriff’s Department is proposing the implementation of a medical and fire priority dispatch system; and WHEREAS to coordinate these changes the Sheriff’s Department is requesting the creation of a new classification and one (1) position titled Sheriff Communications Quality Assurance Supervisor at salary grade 11, Overtime Non-Exempt. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the implementation of a medical and fire priority dispatch system in the Sheriff’s Communications Center. BE IT FURTHER RESOLVED that a new classification be created titled Sheriff Communications Quality Assurance Supervisor at salary grade 11, Overtime Non-Exempt. BE IT FURTHER RESOLVED that one (1) Sheriff Communications Quality Assurance Supervisor position be created in the Communications Unit, Technical Services Division of the Sheriff’s Department. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Sheriff Communication Quality Assurance-Supervisor Description and Qualifications on file in County Clerk’s office. The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. MISCELLANEOUS RESOLUTION #02061 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT - CREATION OF FORENSIC ARTIST CLASSIFICATION AND RECLASSIFICATION OF ONE POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Technical Services Division of the Sheriff Department investigates crimes and accidents involving the identification of victims and perpetrators; and WHEREAS valuable investigative tools in the identification process may include: two dimensional composite drawings, two and three dimensional craniofacial reconstructions, photographic re-touching, hand-drawn age progressions, crime scene sketching and graphic visual aids; and WHEREAS a valuable investigative tool in the identification process is the development of composites, which may include drawing, three and two dimensional facial reconstruction, crime scene sketching, and computerized and hand drawn age progression; and WHEREAS investigations require the distribution of sketches of unknown suspects to a larger audience as well as crime scene sketching; and WHEREAS the Sheriff Department is requesting the creation of a new classification titled Forensic Artist; and Commissioners Minutes Continued. March 14, 2002 116 WHEREAS to more efficiently conduct investigations and more effectively provide assistance to other law enforcement agencies, it is also requested that one (1) Clerk III position in the Technical Services/ Forensic Services be reclassified to this proposed new class. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of a new classification titled Forensic Artist, Overtime Non-Exempt, and excepted from salary grade placement at the following salary range: BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR $30,732 $32,586 $34,445 $36,300 $38,159 $40,015 BE IT FURTHER RESOLVED that one (1) Clerk III position (Pos.#43910-06410) be upwardly reclassified to Forensic Artist. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. MISCELLANEOUS RESOLUTION #02062 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: 52ND DISTRICT COURT/SHERIFF’S DEPARTMENT - REQUEST FOR ADDITIONAL SECURITY AT 52ND DISTRICT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Security for the County Courthouse was instituted in late 1992 under the direction of the Sheriff; and WHEREAS since 1992 this program has expanded to include security for the 52nd District Courts in Rochester Hills, Troy, and Clarkston, as Novi already had Court Security; and WHEREAS recently the Michigan Supreme Court Administrative Office conducted a security study of the 52nd District Court and recommended the implementation of certain actions; and WHEREAS a 52nd District Court Security Review Committee was established and comprised of representatives from the Court, the Sheriff’s Department, and the Facilities Management Department; and WHEREAS the Fiscal Year 2002 Adopted Budget approved funding of $244,000 for 52nd District Court Security Equipment; and WHEREAS the Fiscal Year 2001 Year-End Report and Budget Amendments authorized the designation of funds for security enhancements; and WHEREAS the 52nd District Court is now requesting the purchase and installation of metal detection and x-ray equipment and facility alterations to address security concerns at the court public areas and entrances, as well as in the courtrooms; and WHEREAS a uniformed law enforcement presence would provide the ability to respond quickly to and control situations, minimizing the risk to both the public and District Court staff; and WHEREAS additional staff will be required to operate the security equipment and provide security at each location; and WHEREAS four (4) full-time eligible Deputy I positions and three (3) part-time non-eligible Court Deputy II positions at 1,640 hours each are requested to provide adequate coverage of one (1) Deputy I and one (1) Court Deputy II each at the 52nd District Court First, Third, and Fourth Divisions, and one (1) Deputy I (2) at the Second Division. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the 52nd District Court to purchase and implement the utilization of metal detection and x-ray equipment and facility alterations. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the creation of four GF/GP (4) full-time eligible Deputy I positions and three GF/GP (3) part-time non-eligible Court Deputy II positions at 1,640 hours each in the Sheriff/Corrective Services-Satellite Facilities/Courthouse Security Unit, to provide one (1) Deputy I and one (1) Court Deputy II each at the 52nd District Court First, Third, and Fourth Divisions, and one (1) Deputy I at the Second Division. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. March 14, 2002 117 The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. MISCELLANEOUS RESOLUTION #02063 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/DISTRICT COURT/PROBATE COURT/PROSECUTING ATTORNEY/CLERK- REGISTER OF DEEDS – INFORMATION TECHNOLOGY SYSTEMS DEVELOPMENT SUPPORT FOR IMPLEMENTATION OF THE JUDICIAL INFORMATION MANAGEMENT SYSTEM (JIMS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners, by Miscellaneous Resolution #00065 dated March 23, 2000, authorized implementation of the Judicial Information Management System (JIMS), a “state-of-the-art” Courts software system that provides an integrated records management system for Circuit, District and Probate Courts, as well as the Prosecuting Attorney and County Clerk; and WHEREAS sufficient resources have been provided in terms of software licenses and vendor implementation costs, as well as user department support. However, additional resources are necessary for project development support to ensure successful implementation in Fiscal Year 2002/2003; and WHEREAS after a detailed review of the Project Plan (copy on file with the County Clerk) by the new Program Manager, a firm estimate of Information Technology (IT) systems development project hours has been determined to be 5,635 hours ($687,440) for Courts Data Warehouse Reporting and 7,480 hours ($912,560) for project systems development support; and WHEREAS in addition to providing a fully integrated courts record management system for Oakland County courts, that will be available to all municipal District Courts as well, implementation of the JIMS Project will provide a foundation upon which to build future revenue generating enhancements, such as Electronic Filing and Enhanced Access to court records; and WHEREAS the JIMS Project has the full support of the County Executive Administration. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes a one-time nonrecurring appropriation of $1.6 million to fund Information Technology systems development support to ensure successful implementation of the Judicial Information Management System (JIMS) during Fiscal Year 2002-2003. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the General Government and Finance Committees. There were no objections. MISCELLANEOUS RESOLUTION #02064 BY: Ruel McPherson, District #25 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF FERNDALE - FY 1999, FY 2000, AND FY 2001 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the City of Ferndale has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the City of Ferndale is requesting reimbursement from the FY 1999, FY 2000 and FY 2001 appropriations for expenses incurred in its 2001 Gate Valve and Well Replacement project; and WHEREAS the FY 1999, FY 2000 and FY 2001 authorized amount of funding for the City of Ferndale is $82,327.39 annually from the Environmental Infrastructure Fund as repayment to the City of Ferndale for expenses incurred in connection with environmental remediation or improvement projects. Commissioners Minutes Continued. March 14, 2002 118 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Ferndale as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 1999, FY 2000 and FY 2001 appropriation in the amount of $82,327.39 annually from the Environmental Infrastructure Fund (Account #90-263240- 41000-3985) to repay the City of Ferndale for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. RUEL MCPHERSON The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02065 BY: Commissioners Charles E. Palmer, District #16 and Lawrence A. Obrecht, District #3 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR PERMANENT REPOSITORY OF NUCLEAR WASTE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Association of Counties' Board of Directors passed a resolution to urge Michigan's U.S. Senators and members of Congress to support the efforts of the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to establish a permanent repository for high-level nuclear waste by opening Yucca Mountain, Nevada; and WHEREAS over the past four decades, nuclear power has become a significant source for the nation's production of electricity. Michigan is among the majority of states that derive energy from nuclear plants; and WHEREAS since the earliest days of nuclear power, the great dilemma associated with this technology is how to deal with the waste material that is produced. This high-level radioactive waste material demands exceptional care in all facets of its storage and disposal, including the transportation of this material; and WHEREAS in 1982, Congress passed the Nuclear Waste Policy Act of 1982. This legislation requires the federal government, through the U.S. Department of Energy, to build a facility for the permanent storage of high-level nuclear waste. This act, which was amended in 1987, includes a specific timetable to identify a suitable location and to establish the waste facility. The costs for this undertaking are to be paid from a fee that is assessed on all nuclear energy produced; and WHEREAS in accordance with the federal act, Michigan electric customers have paid $405.8 million into this federal fund for construction of the federal waste facility; and WHEREAS there are serious concerns that the federal government is not complying with the timetables set forth in federal law. The U.S. Department of Energy, working with the Nuclear Regulatory Commission, must not fail to meet its obligation as provided by law. There is too much at stake. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby call upon Michigan's elected officials to support the U.S. Department of Energy and the U.S. Regulatory Commission in their effort to fulfill their obligation to establish a permanent repository at Yucca Mountain, Nevada, for high-level nuclear waste. BE IT FURTHER RESOLVED that copies of this resolution be transmitted the U.S. Department of Energy, the U.S. Nuclear Regulatory Commission, Michigan's U.S. Senators and members of Congress and the Michigan Association of Counties. Chairperson, we move the adoption of the foregoing resolution. CHARLES PALMER, LAWRENCE OBRECHT The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioners Minutes Continued. March 14, 2002 119 MISCELLANEOUS RESOLUTION #02066 BY: Lawrence Obrecht, District #3 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF ORION - FY 2001 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Orion has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Charter Township of Orion is requesting reimbursement from the FY 2001 appropriation for expenses related to the Brown Road Drainage Study, the Reid & Branch Drain Study (Phase II), the Hi Hill Watermain and Sanitary Sewer Improvements, and the Paint Creek Trailway - Goldengate Access project; and WHEREAS the FY 2001 authorized amount of funding for the Charter Township of Orion is $118,292.80 annually from the Environmental Infrastructure Fund as repayment to the Charter Township of Orion for expenses incurred in connection with environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Orion as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2001 appropriation in the amount of $118,292.80 annually from the Environmental Infrastructure Fund (Account #90-263218-41000-3985) to repay the Charter Township of Orion for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. LAWRENCE OBRECHT The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02067 BY: Thomas F. Middleton, District #4, and Nancy Dingeldey, District #11 IN RE: BOARD OF COMMISSIONERS - SUPPORT OF OAKLAND COUNTY 4-H YOUTH LEADERSHIP INSTITUTE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County 4-H Youth Leadership Institute is a comprehensive, ten-month program that helps high school-age youth build a broad array of leadership skills, along with an understanding of how they can take action to improve the community; and WHEREAS this unique program is a collaboration between business, government and local organizations to provide a high quality educational experience for Institute participants; and WHEREAS by participating as sponsors, Oakland County Commissioners make it possible for a local young person to put their ideas into action through the innovative and comprehensive program offered by the Oakland County 4-H Youth Leadership Institute; and WHEREAS sponsorship of the Oakland County 4-H Youth Leadership Institute requires support from each Oakland County Commissioner to: (1) identify potential youth participants, (2) serve as a mentor and (3) help with fundraising; and WHEREAS authorization is sought to identify the Oakland County Board of Commissioners as a program partner. NOW THEREFORE BE IT RESOLVED that the Oakland County Commissioners agrees to participate as a program partner and support the Oakland County 4-H Youth Leadership Institute. BE IT FURTHER RESOLVED that the Oakland County 4-H Youth Leadership Institute is authorized to identify Oakland County Commissioners as a program sponsor. Commissioners Minutes Continued. March 14, 2002 120 BE IT FURTHER RESOLVED that the participation of the Board of Commissioners does not include any financial commitment on the part of Oakland County in support of the Oakland County 4-H Youth Leadership Institute. Chairperson, we move the adoption of the foregoing resolution. THOMAS MIDDLETON, NANCY DINGELDEY, HUGH CRAWFORD, THOMAS LAW, SHELLEY GOODMAN TAUB, DAVID MOFFITT, JOHN GARFIELD, DAVID BUCKLEY The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #02068 BY: Peter H. Webster, District #22 IN RE: BOARD OF COMMISSIONERS - PUBLIC HEARINGS REQUIRED BEFORE VOTING ON THE ADOPTION OF AN OAKLAND COUNTY ORDINANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners operates under Public Act 139 of 1973, the Optional Unified Form of County Government; and WHEREAS Section 45.556(6) of Public Act 139 of 1973, provides that the Board of Commissioners may establish policies to be followed by county government for the conducting of its affairs; and WHEREAS County Board of Commissioners may adopt ordinances and rules necessary for the conduct of county business; and WHEREAS the Board of Commissioners are authorized under Public Act 156 of 1851 and other state legislation to designate that a violation of the ordinance is a municipal civil infraction and provide for a civil fine for that violation; and WHEREAS except as provided in the State Public Health Code or other state regulations, the Board of Commissioners are neither required nor prohibited from holding a public hearing prior to the adoption of an ordinance; and WHEREAS the holding of a public hearing before the adoption of an ordinance allows the public an opportunity to present data, views, questions and arguments. The effectiveness of the proposed ordinance is likely enhanced when the public has the opportunity to be heard regarding the proposed ordinance; and WHEREAS the Oakland County Board of Commissioners does not presently have an adopted Board Rule or procedure that requires a public hearing be held before the entire body prior to the adoption of an ordinance. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners shall hold a public hearing before the full Board before voting on the adoption of an ordinance. BE IT FURTHER RESOLVED that the Oakland County Clerk shall publish the notice of the public hearing not less than ten (10) days and not more than sixty (60) days before the date of the public hearing in a newspaper of general circulation in Oakland County, with a copy of the published notice being forwarded to the Board of Commissioners. BE IT FURTHER RESOLVED that the posting of meeting notices for the public hearing shall be in compliance with the Open Meetings Act. Chairperson, I move the adoption of the foregoing resolution. PETER WEBSTER The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:47 a.m. to the call of the Chair or March 28, 2002, at 9:30 a.m. G. WILLIAM CADDELL THOMAS A. LAW Clerk Chairperson