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HomeMy WebLinkAboutMinutes - 2002.12.12 - 8318543 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES December 12, 2002 Meeting called to order by Chairperson Thomas Law at 10:05 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster. (21) ABSENT: Amos, Coleman, Garfield, Taub (absent with notice). (4) Quorum present. Invocation given by Charles Moss. Pledge of Allegiance to the Flag. Moved by Dingeldey supported by Buckley the minutes of the November 21, 2002, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Sever supported by Causey-Mitchell the rules be suspended and the agenda be amended, as follows: ITEMS ON BOARD AGENDA: GENERAL GOVERNMENT COMMITTEE b. Clerk/Register of Deeds – Creation of Support Staff for Newly Elected Judgeships in the Sixth Judicial Circuit Court. d. Department of Human Services/Health Division – Renewal of the Inter-Governmental Contract Between the County of Oakland and the Oakland County Community Mental Health Authority. e. Department of Human Services/Health Division – Adjustments to the Health Division Fee Schedule. PERSONNEL COMMITTEE a. Personnel/Human Resources – Salary Administration First Quarterly Report for FY 2003. b. Personnel Department – Three Year Extension of Contract with Total Employee Assistance and Management, Inc. (T.E.A.M.) Commissioners Minutes Continued. December 12, 2002 544 PLANNING AND BUILDING COMMITTEE a. Department of Facilities Management – Recommendation to Grant and Easements for Water Main and Sanitary Sewer to the City of Rochester Hills – 52-3 Courthouse and Sheriff Substation, located in the City of Rochester Hills (Tax Parcel No. 15-26-377-001). b. Drain Commissioner – Watkins Lake Level and Augmentation Well Project. PUBLIC SERVICES COMMITTEE a. 52nd District Court, Division II – Creation of Support Staff for Additional Judgeship in the Second Division, Clarkston. f. County Executive Emergency Response and Preparedness – Tornado Warning System Expansion – Lyon Township. g. Sheriff’s Department – Contract Amendment #2 for Law Enforcement Services in the Charter Township of Lyon 1999-2003. h. Sheriff’s Department – Contract Amendment #4 for Law Enforcement Services in the Charter Township of Oxford 1999-2003. i. Sheriff’s Department – Contract Amendment #2 for Law Enforcement Services in the Charter Township of Springfield 1999-2003. k. 52nd District Court, Division I – FY 2003 Michigan Sobriety Court Continuation. r. State of Michigan Child Support enforcement System (MiCSES) Memorandum of Understanding – Conversion to Michigan Child Support Enforcement System 2.4. s. Sheriff Department – Use of Forfeited Funds for Armored Vehicle. (Reason for Suspension of General Government Committee, items b,d, and e, Personnel Committee, items a and b, Planning and Building Committee, items a and b, and Public Services Committee, items f, i, r, and s: Waiver of Rule XII.C.1 – Direct Referral to Finance Committee.) (Reason for Suspension of Public Services Committee, items a,g,h, and k : Waiver of Rule XII.C.1 – Direct Referral to Finance Committee and Personnel Committee.) Deputy Clerk Frank Millard read a communication from Chairperson Thomas A. Law appointing Commissioner George Suarez to the Personnel Appeal Board for a term ending December 31, 2003. Deputy Clerk Frank Millard read a communication from County Executive L. Brooks Patterson appointing Beth E. Belter, Samuel Chambers, Jr., Margaret A. McGee, and Julie A. Scislowicz to fill vacancies on the Substance Abuse Advisory Council in addition to reappointing Pamela Howitt, Dennis Kaszeta, and Dorothy Pfaff for a term ending September 30, 2004. Deputy Clerk Frank Millard read a communication from Commissioner Shelley Taub resigning as member of the Oakland County Parks and Recreation Commission and the Oakland County Library Board effective December 31, 2002. Deputy Clerk Frank Millard read a communication from Richard D. Kuhn, Jr. resigning as member of the Oakland County Parks and Recreation Commission effective December 31, 2002. Deputy Clerk Frank Millard read a communication from Michele Compton, Chapter Director of MADD Oakland County extending her heartfelt thanks for proclaiming Tuesday, November 26, 2002 “Tie One on for Safety Red Ribbon Day” in Oakland County. Commissioner Charles Palmer along with Chairperson Thomas Law, Commissioners David Buckley, Peter Webster and David Moffitt presented a Proclamation to the law firm of Miller, Canfield, Paddock and Stone in honor of their 150th Anniversary. The following people addressed the board: Commissioner Elect Mattie Hatchett, Porsha Gomez and Commissioner David Buckley. Commissioners Minutes Continued. December 12, 2002 545 Moved by Sever supported by Suarez the resolutions on the Consent Agenda, be adopted (with accompanying reports being accepted). (The vote on this motion appears on page 599). The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #02288 BY: Charles E. Palmer, District #16, David B. Buckley, District #14, John P. Garfield, District #9, and Peter Webster, District #22 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF TROY – FISCAL YEARS 1999, 2000, 2001, 2002 AND 2003 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 Troy 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 Troy is requesting reimbursement for expenses directly related to the Dennis Powers Drain project; and WHEREAS the FY 1999, FY 2000, FY 2001, FY 2002 and FY 2003 authorized amount of funding for the City of Troy is $418,630.17 annually from the Environmental Infrastructure Fund as repayment to the City of Troy 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 Troy as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 1999, FY 2000, FY 2001, FY 2002 and FY 2003 appropriations in the amount of $418,630.17 annually from the Environmental Infrastructure Fund (Account #90-263259-41000-3985) to repay the City of Troy for expenses incurred in connection with the Dennis Powers Drain project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHARLES PALMER Copy of letter from William Need, Director of Public Works of City of Troy, Attachment A, and City of Troy Resolution - Environmental Infrastructure Fund Reimbursement on file in County Clerk’s office. FISCAL NOTE (MISC. #02288) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF TROY - FISCAL YEARS 1999, 2000, 2001, 2002 AND 2003 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. Annual funding of $418,630.17 is available annually in the Environmental Infrastructure Fund for FY 1999, FY 2000, FY 2001, FY 2002 and FY 2003 to reimburse the City of Troy 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 599.) Commissioners Minutes Continued. December 12, 2002 546 *MISCELLANEOUS RESOLUTION #02289 BY: Lawrence A. Obrecht, District #3 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN ADDISON TOWNSHIP – FISCAL YEARS 2001, 2002 AND 2003 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, Addison Township has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS Addison Township is requesting reimbursement for expenses directly related to the purchase of watershed which will act as a rechargeable area for Addison Township’s aquifer and a catch basin to aid in flood control; and WHEREAS the FY 2001, FY 2002 and FY 2003 authorized amount of funding for Addison Township is $22,762.63 annually from the Environmental Infrastructure Fund as repayment to Addison Township for expenses incurred in connection with environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by Addison Township as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2001, FY 2002 and FY 2003 appropriations in the amount of $22,762.63 annually from the Environmental Infrastructure Fund (Account #90-263201-41000-3985) to repay Addison Township for expenses incurred in connection with the purchase of watershed area which will act as a rechargeable area for Addison Township’s aquifer and a catch basin to aid in flood control, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. LAWRENCE OBRECHT Copy of letter from Robert Koski, Supervisor of Addison Township, Township of Addison Environmental Infrastructure Project Description, and Township of Addison Resolution – Infrastructure Fund Expense Reimbursement Request on file in County Clerk’s office. FISCAL NOTE (MISC. #02289) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN ADDISON TOWNSHIP - FISCAL YEARS 2001, 2002 AND 2003 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. Annual funding of $22,762.63 is available annually in the Environmental Infrastructure Fund for FY 2001, FY 2002 and FY 2003 to reimburse Addison Township 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 599.) Commissioners Minutes Continued. December 12, 2002 547 *MISCELLANEOUS RESOLUTION #02290 BY: Sue Ann Douglas, District #8 and John P. Garfield, District #9 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ROCHESTER HILLS – FISCAL YEAR 2002 AND FISCAL YEAR 2003 ALLOCATIONS 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 (CVT's); and WHEREAS pursuant to the Disbursement Policy, the City of Rochester Hills 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 Rochester Hills is requesting reimbursement from the FY 2002, and FY 2003 appropriations for expenses incurred with the Moon Drain and Green Acre Drain projects; and WHEREAS the FY 2002, and FY 2003 authorized amount of funding for the City of Rochester Hills is $291,919.73 annually from the Environmental Infrastructure Fund as repayment to the City of Rochester Hills 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 Rochester Hills as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2002, and FY 2003 appropriation in the amount of $291,919.73 annually from the Environmental Infrastructure Fund (Account #90-263254- 41000-3985) to repay the City of Rochester Hills 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. SUE ANN DOUGLAS, JOHN GARFIELD Copy of letter from Pat Somerville, Mayor of City of Rochester Hills, and Rochester Hills City Council Resolution on file in County Clerk’s office. FISCAL NOTE (MISC. #02290) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ROCHESTER HILLS – FISCAL YEAR 2002 AND FISCAL YEAR 2003 ALLOCATIONS 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. Annual funding of $291,919.73 is available in the Environmental Infrastructure Fund for FY 2002 and FY 2003 to reimburse the City of Rochester Hills 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 599.) *MISCELLANEOUS RESOLUTION #02291 BY: William R. Patterson, District #1 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF HOLLY – FISCAL YEAR 2003 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 Commissioners Minutes Continued. December 12, 2002 548 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 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 Village of Holly is requesting reimbursement for expenses directly related to storm sewer, sanitary sewer and watermain replacement for the Maple Street project; and WHEREAS authorized funding for FY 2003 for the Village of Holly is $18,567.29 from the Environmental Infrastructure Fund as repayment to the Village of Holly for expenses incurred in connection with the Maple Street project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Holly as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2003 appropriation in the amount of $18,567.29 from the Environmental Infrastructure Fund (Account #90-263211-41000-3985) to repay the Village of Holly for expenses incurred in connection with the sewer and drainage related to the Maple Street project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM R. PATTERSON Copy of Request for Environmental Infrastructure Fund Reimbursement and Attachments A, B and C on file in County Clerk’s office. FISCAL NOTE (MISC. #02291) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF HOLLY – FISCAL YEAR 2003 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. Annual funding of $18,567.29 is available in the Environmental Infrastructure Fund for FY 2003 to reimburse the Village 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 599.) *MISCELLANEOUS RESOLUTION #02292 BY: William Patterson, District #1 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF ROSE – FISCAL YEAR 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 Township of Rose 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 Rose is requesting reimbursement for expenses directly related to the improvement of public water supply the Rose Township Hall and creation of Local Area Network to monitor groundwater protection; and Commissioners Minutes Continued. December 12, 2002 549 WHEREAS the FY 2001 authorized amount of funding for the Township of Rose is $20,555.25 annually from the Environmental Infrastructure Fund as repayment to the Township of Rose 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 Rose 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 $20,555.25 annually from the Environmental Infrastructure Fund (Account #90-263222-41000-3985) to repay the Township of Rose 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 from Chester W. Koop, Supervisor of Rose Township, Oakland County Environmental Infrastructure Fund – Rose Township Project Summaries, and Township of Rose Infrastructure Fund Expense Reimbursement Request on file in County Clerk’s office. FISCAL NOTE (MISC. #02292) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF ROSE – FISCAL YEAR 2001 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. Annual funding of $20,555.25 is available in the Environmental Infrastructure Fund for FY 2001 to reimburse the Township of Rose 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 599.) *MISCELLANEOUS RESOLUTION #02293 BY: Shelley G. Taub, District #12 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ORCHARD LAKE VILLAGE – FISCAL YEAR 2003 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 Orchard Lake Village 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 Orchard Lake Village is requesting reimbursement for expenses directly related to sewer and drainage related to the Indian Trail paving project; and WHEREAS authorized funding for FY 2003 for the City of Orchard Lake Village is $20,101.47 from the Environmental Infrastructure Fund as repayment to the City of Orchard Lake for expenses incurred in connection with the paving project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Orchard Lake Village as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2003 appropriation in the amount of $20,101.47 from the Environmental Infrastructure Fund (Account #90-263250-41000-3985) to repay the Commissioners Minutes Continued. December 12, 2002 550 City of Orchard Lake Village for expenses incurred in connection with the sewer and drainage related to the Indian Trail paving project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. SHELLEY TAUB Copy of letter from Janet Overholt Green, Clerk of City of Orchard Lake Village on file in County Clerk’s office. FISCAL NOTE (MISC. #02293) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ORCHARD LAKE VILLAGE – FISCAL YEAR 2003 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. Annual funding of $20,101.47 is available in the Environmental Infrastructure Fund for FY 2003 to reimburse the City of Orchard Lake Village 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 599.) *MISCELLANEOUS RESOLUTION #02294 BY: William E. Brian, District #10 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF SOUTH LYON – FISCAL YEARS 1999, 2000, 2001, 2002 AND 2003 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 South Lyon 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 South Lyon is requesting reimbursement for expenses directly related to the South Lyon #1 Drain project; and WHEREAS the FY 1999, FY 2000, FY 2001, FY 2002 and FY 2003 authorized amount of funding for the City of South Lyon is $28,515.42 annually from the Environmental Infrastructure Fund as repayment to the City of South Lyon 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 South Lyon as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 1999, FY 2000, FY 2001, FY 2002 and FY 2003 appropriations in the amount of $28,515.42 annually from the Environmental Infrastructure Fund (Account #90-263257-41000-3985) to repay the City of South Lyon for expenses incurred in connection with the South Lyon #1 Drain project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM E. BRIAN Copy of letter from Rodney L. Cook, City Manager of South Lyon, and motion on CM 10-4-02 – Appropriation for Design Engineering on file in County Clerk’s office. Commissioners Minutes Continued. December 12, 2002 551 FISCAL NOTE (MISC. #02294) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF SOUTH LYON - FISCAL YEARS 1999, 2000, 2001, 2002 AND 2003 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. Annual funding of $28,515.42 is available annually in the Environmental Infrastructure Fund for FY 1999, FY 2000, FY 2001, FY 2002 and FY 2003 to reimburse the City of South Lyon 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 599.) *MISCELLANEOUS RESOLUTION #02295 BY: Hugh D. Crawford, District #17 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF WALLED LAKE – FISCAL YEARS 2000, 2001, 2002 AND 2003 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 Walled 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 City of Walled Lake is requesting reimbursement for expenses directly related to the Wellsboro Drive water system improvement project; and WHEREAS the FY 2000, FY 2001, FY 2002 and FY 2003 authorized amount of funding for the City of Walled Lake is $24,028.43 annually from the Environmental Infrastructure Fund as repayment to the City of Walled 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 City of Walled Lake as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2000, FY 2001, FY 2002 and FY 2003 appropriations in the amount of $24,028.43 annually from the Environmental Infrastructure Fund (Account #90-263260-41000-3985) to repay the City of Walled Lake for expenses incurred in connection with the Wellsboro Drive water system improvement project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. HUGH D. CRAWFORD Copy of letter from Carol L. Woodruff, Public Works Services Coordinator of City of Walled Lake, Minutes from March 19, 2002 Regular Council Meeting, and Memo from Loyd Cureton, Director of Public Works of City of Walled Lake. Commissioners Minutes Continued. December 12, 2002 552 FISCAL NOTE (MISC. #02295) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF WALLED LAKE - FISCAL YEARS 2000, 2001, 2002 AND 2003 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. Annual funding of $24,028.43 is available annually in the Environmental Infrastructure Fund for FY 2000, FY 2001, FY 2002 and FY 2003 to reimburse the City of Walled Lake 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 599.) *MISCELLANEOUS RESOLUTION #02296 BY: Commissioner Hugh Crawford, District #17 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NORTHVILLE – FISCAL YEARS 2000, 2001, 2002 AND 2003 ALLOCATIONS 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 Northville 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 Northville is requesting reimbursement for expenses directly related to eliminating illicit discharge as specified under the State of Michigan General Storm Water Permit; and WHEREAS authorized funding for FY 2000 – FY 2003 for the City of Northville is $15,598.13 annually from the Environmental Infrastructure Fund as repayment to the City of Northville for expenses incurred in connection with the elimination of illicit discharge. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Northville as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2000, FY 2001, FY 2002 and FY 2003 appropriation in the amount of $15,598.13 annually from the Environmental Infrastructure Fund (Account #90-263247-41000-3985) to repay the City of Northville for expenses incurred in connection with the elimination of illicit discharge, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. HUGH CRAWFORD Copy of letter from Gary Word, City Manager of City of Northville, Council Communication – Environmental Infrastructure Fund Program – Oakland County, Attachment A, and Resolution authorizing an Environmental Infrastructure fund Expense Reimbursement Request on file in County Clerk’s office. FISCAL NOTE (MISC. #02296) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NORTHVILLE – FISCAL YEARS 2000, 2001, 2002 AND 2003 ALLOCATIONS 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. December 12, 2002 553 1. Annual funding of $15,598.13 is available in the Environmental Infrastructure Fund for FY 2000, FY 2001, FY 2002 and FY 2003 to reimburse the City of Northville 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 599.) *MISCELLANEOUS RESOLUTION #02297 BY: Hugh D. Crawford, District #17 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NOVI – FISCAL YEAR 2003 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 Novi 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 Novi is requesting reimbursement for expenses directly related to protection of shallow ground water wells at the former orchard site; and WHEREAS authorized funding for FY 2003 for the City of Novi is $192,638.01 from the environmental Infrastructure Fund as repayment to the City of Novi for expenses incurred in connection with the well protection project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Novi as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2003 appropriation in the amount of $192,638.01 from the Environmental Infrastructure Fund (Account #90-263248-41000-3985) to repay the City of Novi for expenses incurred in connection with the well protection project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. HUGH CRAWFORD Copy of letter from Richard Clark, Mayor of City of Novi, Invoice #00-0097 – City of Novi Treasurer’s Office, letters from Keith W. Uutinen, Vice President of JCK & Associates, Inc., Check #24639 to Waterland Trucking Service, Inc., and Regular Pay Estimate No. 32 on file in County Clerk’s office. FISCAL NOTE (MISC. #02297) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NOVI – FISCAL YEAR 2003 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. Annual funding of $192,638.01 is available in the Environmental Infrastructure Fund for FY 2003 to reimburse the City of Novi 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 599.) Commissioners Minutes Continued. December 12, 2002 554 *MISCELLANEOUS RESOLUTION #02298 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 2002 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 2002 to the County and the local units (collectively, the "taxing units") that will have remained unpaid on March 1, 2003 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 2003 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 2003 Revolving Fund. In order to implement the continuation of the Revolving Fund Program and in accordance with Act 206, the County hereby establishes a 2003 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. 102. Issuance of Notes. The County shall issue its General Obligation Limited Tax Notes, Series 2003 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, Commissioners Minutes Continued. December 12, 2002 555 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 2003 Delinquent Tax Project Account and thereafter used to fund the whole or a part of the County's 2003 Tax Payment Account, 2003 Note Reserve Account and/or 2003 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 2003 Tax Payment Account, 2003 Note Reserve Account and/or 2003 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 of each maturity the Treasurer shall consider the schedule of delinquent tax collections prepared for the tax years ending December 31, 2002, 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 Commissioners Minutes Continued. December 12, 2002 556 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. December 12, 2002 557 (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 Commissioners Minutes Continued. December 12, 2002 558 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%. 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. Commissioners Minutes Continued. December 12, 2002 559 306. 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. (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. Commissioners Minutes Continued. December 12, 2002 560 404. 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 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 2003 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 2003 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 2003 Note Payment Account allocated to each sub-account may be set equal to the percentage that Notes Commissioners Minutes Continued. December 12, 2002 561 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, 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 2003 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 2003 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 2003 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. Commissioners Minutes Continued. December 12, 2002 562 (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 is not reasonably anticipated in time to allow distribution of the proceeds of the Notes within 20 days after the date of issue, a 2003 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 2003 Note Reserve Account created under Section 703 or the 2003 Note Payment Account created under Section 704. Monies in the Project Account may be disbursed by the escrow agent to the County's 2003 Tax Payment Account at any time and from time to time, upon receipt of a written requisition signed by the Treasurer. 702. 2003 Tax Payment Account. The County's 2003 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 Commissioners Minutes Continued. December 12, 2002 563 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. 2003 Note Reserve Account. In the event funding is provided as described in this Section 703, the Treasurer shall establish a 2003 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 2003 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. 704. 2003 Note Payment Account. (a) The County's 2003 Note Payment Account is hereby established as a distinct account within the Revolving Fund. (The County's 2003 Note Payment Account, as supplemented by monies held in any interim account that are designated for transfer to the 2003 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 Commissioners Minutes Continued. December 12, 2002 564 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, 2003, 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; (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. Commissioners Minutes Continued. December 12, 2002 565 707. 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. (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. Commissioners Minutes Continued. December 12, 2002 566 902. 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. 903. 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. 904. 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. 905. 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 2003 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. 906. 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. 907. 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 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 Commissioners Minutes Continued. December 12, 2002 567 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 (The vote for this motion appears on page 599.) Commissioners Minutes Continued. December 12, 2002 568 *MISCELLANEOUS RESOLUTION #02299 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT 2002 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 599.) *MISCELLANEOUS RESOLUTION #02300 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: MANAGEMENT AND BUDGET DEPT – APPORTIONMENT OF LOCAL TAX RATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS your Finance Committee on Local Taxes has examined certificates, statements, papers and records submitted to it from the various townships, cities and villages having taxes to be spread upon the Tax Rolls, and has checked these documents with the pertinent laws, specifically Section 37 General Property Tax Laws, and has caused corrections to be made where necessary; and WHEREAS your committee has prepared tax certificates showing the certified rates as adjusted by M.C.L. 211.24E, M.C.L. 211.34, M.C.L. 211.34D, and M.C.L. 211.34E of the General Property Tax Laws, authorized to be spread against state taxable valuations, which certificates are submitted herewith, and which are the basis for the tabulation above mentioned, and it is recommended that the Board of Commissioners authorize the Equalization Director to sign these certificates; and WHEREAS the electorate of the State of Michigan amended Article IX of the constitution and added Section 36; and WHEREAS the legislature, as directed, implemented said legislation under Section 37 of the General Property Tax Act and the 1976 State School Code, as amended; and WHEREAS the certified rates are subject to M.C.L. 211.36 which allows additional millage to be voted up to and including December 7, 2002 for schools and, if adopted, up to and including November 5, 2002 for taxing jurisdictions, as specified in said section; said additional millage(s) would require Board approval before they could be spread; and WHEREAS the electorate of the State of Michigan voted to limit school operating levies on homestead and non-homestead property taxes in accordance with this report. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopt the attached certificates with the recommendations herein contained as part of the permanent records of the Board. BE IT FURTHER RESOLVED that the Manager of the Equalization Division be authorized and directed to sign the several tax certificates on which the attached tabulation was based, thereby authorizing and directing the various assessing officers to spread the rates against the taxable valuation set forth herein for 2002. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in compliance with the General Property Tax Act and the 50 mill limitation, directs the Equalization Division to revise the apportionment report for 2002 as follows: Commissioners Minutes Continued. December 12, 2002 569 Previous Revised Reason Tax Authority Rate Rate for change Wayne Co. Reg. Education 1.9643 3.4643 Election Birmingham School 10.2849 10.3006 Revision Warren Cons. School 0.0000 7.4662 Correction Township of Commerce 2.7349 3.8349 Election Township of Royal Oak 6.8866 10.7166 Revision Township of Waterford 10.5388 10.2719 Revision Township of West Bloomfield 9.3751 9.5140 Revision City of Rochester Hills 8.9295 9.3681 Election Chairperson, on behalf of the Finance Committee, I move for the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 599.) *MISCELLANEOUS RESOLUTION #02281 BY: General Government Committee, William Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - FOURTH 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 Fourth Quarter 2002 data processing development charges to be $1,670,122.66 and the imaging development charge to be $64,281.50 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are ($269,903.57) and non-county agencies are $0 for the Fourth Quarter 2002; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges; and WHEREAS an appropriation transfer of $99,627.00 to Fire Records Management Fund (FRMS) is needed. This represents the previously agreed to 75% General Fund contribution to the FRMS to offset the ongoing expenses (the CVTs provide 25%). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Fourth Quarter 2002 Data Processing Development Report and approves the Fourth Quarter appropriation transfer as specified on the attached schedule along with the transfer to FRMS. 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 4th Quarter 2002, and Information Technology – Reserve Fund Development/Support Detail – Fourth Quarter 2002 on file in County Clerk’s office. FISCAL NOTE (MISC. #02281) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FOURTH 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-referenced resolution and finds: 1. The resolution appropriates and charges the Information Technology Fourth Quarter 2002 Development cost to benefiting departments. Commissioners Minutes Continued. December 12, 2002 570 2. The fourth quarter data processing development charges are $1,670,122.66; imaging development charges are $64,281.50 for General Fund/General Purpose departments; direct charges to Special Revenue and Proprietary fund departments are ($269,903.57); 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. 4. Additionally, the Fire Records Management (FRMS) Fund is to be reimbursed $99,627.00. This represents the previously agreed to 75% General Fund contribution to the FRMS Fund to offset the ongoing expenses (the CVTs provide the remaining 25%). This transaction is in addition to those in the attached schedule. A worksheet is attached to summarize transfers. General Fund (101) 90-290000-25000-6030 IT Development Appropriation ($ 99,627) 90-310000-40000-8001 Operating Transfer Out $ 99,627 $ -0- Fire Records Management Fund (531) 23-531003-531001-1701 Operating Transfer In $ 99,627 Change in Fund Balance ($ 99,627) $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 599.) *REPORT (MISC. #02301) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – CREATION OF SUPPORT STAFF FOR NEWLY ELECTED JUDGESHIPS IN THE SIXTH JUDICIAL CIRCUIT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-mentioned resolution on December 4, 2002, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #02301 BY: General Government, William R. Patterson, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS - CREATION OF SUPPORT STAFF FOR NEWLY ELECTED JUDGESHIPS IN THE SIXTH JUDICIAL CIRCUIT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: 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 the Oakland County Board of Commissioners approved, in Miscellaneous Resolution #02028, 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; and WHEREAS the Oakland County Board of Commissioners agreed, in Miscellaneous Resolution #02028, 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; and WHEREAS the requests for appropriate related support staff was not approved in the FY 2003-2004 Biennial budget process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation two (2) GF/GP Court Clerk positions in Clerk Register/County Clerk Administration (21201). Commissioners Minutes Continued. December 12, 2002 571 BE IT FURTHER RESOLVED that these positions be effective 1/1/03 with the installation of the new judges. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #02301) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS - CREATION OF SUPPORT STAFF FOR NEWLY ELECTED 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. 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 effective January 1, 2003. 2. The Oakland County Board of Commissioners approved, in Miscellaneous Resolution # 02028, 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. 3. The resolution approves the creation of two (2) GF/GP Court Clerk positions in Clerk Register of Deeds/County Clerk Administration (21201), the total salary and fringe cost is estimated to be $62,900 for nine (9) months of FY 2003, and $86,074 for the full year of FY 2004. 4. Operating cost is estimated to be $15,815 for FY 2003, and $21,483 for FY 2004. The total cost for personnel and operating is $ 78,715 for FY 2003, and $107,557 for FY 2004. Sufficient funding has been appropriated in the non-departmental general fund budget for transfer to the appropriate line items. 5. The budget is amended for the FY 2003 and FY 2004 General Fund budget for Clerk Register of Deeds/County Clerk Administration and the General Fund/Non-departmental budgets as follows: General Fund (101) FY 2003 FY 2004 Expenditure 2-90-290000-25000-9046 Cir Ct Jud #1 ($ 39,655) ($ 54,172) 2-90-290000-25000-9047 Cir Ct Jud #2 ($ 39,060) ($ 53,385) Total Non-Departmental Dept. 90 ($ 78,715) ($107,557) Expenditure County Clerk – Administration 2-21-210100-10000-2001 Salaries $ 44,578 $ 61,002 2-21-210100-10000-2074 Fringes 18,322 25,072 2-21-210100-10000-4252 Office Supplies 1,500 2,000 2-21-210100-10000-6636 Info Tech Oper. 9,515 12,683 2-21-210100-10000-6666 Print Shop 1,500 2,000 2-21-210100-10000-6675 Telephone Comm. 3,300 4,800 Total Expenditures $ 78,715 $107,557 Net of Expenditures $ -0- $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 599.) Commissioners Minutes Continued. December 12, 2002 572 *MISCELLANEOUS RESOLUTION #02302 BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS - AUTHORIZATION FOR BOARD CHAIRPERSON TO SIGN COVENANT NOT TO SUE RELATIVE TO BLOOMFIELD ACRES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the General Government Committee, having carefully considered and deliberated upon the attached Covenant Not to Sue, hereby finds that the parties to the Litigation and the Administrative Proceedings intend on settling all of their differences with respect to the matters raised or that could have been asserted in the Litigation and Administrative Proceedings; and WHEREAS it is in the best interest of Oakland County and the Board of Commissioners to join in accepting the Agreement reached between the parties, in compromise and settlement of claims that were in dispute in the Litigation and Administrative Proceedings. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached Covenant Not to Sue and ratifies the Chairperson of the Oakland County Board of Commissioner execution of the Covenant Not to Sue. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing Resolution. GENERAL GOVERNMENT COMMITTEE Copy of Covenant Not to Sue on file in County Clerk’s office. (The vote for this motion appears on page 599.) *MISCELLANEOUS RESOLUTION #02303 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT EASEMENTS FOR WATER MAIN AND SANITARY SEWER TO THE CITY OF ROCHESTER HILLS - NEW 52-3 COURTHOUSE AND SHERIFF SUBSTATION, LOCATED IN THE CITY OF ROCHESTER HILLS (TAX PARCEL NO. 15-26-377-001) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is proceeding with the construction of a new Courthouse and Sheriff Substation on Barclay Circle in the City of Rochester Hills to replace the existing leased courthouse facilities; and WHEREAS as a condition of providing water and sewer service to the new buildings, the City of Rochester Hills has requested that the County of Oakland grant permanent easements for water main and sanitary sewer and related appurtenances over a portion of the Court property; and WHEREAS the Department of Facilities Management and the City of Rochester Hills have agreed upon a route for the said water main and sanitary sewer, which will satisfy all fire code and sanitary sewer requirements as required by city code; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easements for water main and sanitary sewer and related appurtenances to the City of Rochester Hills for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easements for water main and sanitary sewer and related appurtenances. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant of Water Main Easement in Gross and Request to Grant Water Main and Sanitary Sewer Easements to the City of Rochester Hills New 52-3 District Court and Sheriff Substation Parcel No. 15-26- 377-001 on file in County Clerk’s office. Commissioners Minutes Continued. December 12, 2002 573 FISCAL NOTE (MISC. #02303) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT EASEMENTS FOR WATER MAIN AND SANITARY SEWER TO THE CITY OF ROCHESTER HILLS – NEW 52-3 COURTHOUSE AND SHERIFF SUBSTATION, LOCATED IN THE CITY OF ROCHESTER HILLS (TAX PARCEL NO. 15-26-377-001) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes and approves the granting of easements for water main and sanitary sewer and related appurtenances to the City of Rochester Hills for the sum of one (1) dollar. 2. The easements will provide access for water main and sanitary sewer service to the new 52- 3 Courthouse and Sheriff Substation. 3. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 599.) *REPORT (MISC. #02304) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: 52ND DISTRICT COURT, DIVISION II – CREATION OF SUPPORT STAFF FOR ADDITIONAL JUDGESHIP IN THE SECOND DIVISION, CLARKSTON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #02304 BY: Public Services, Hugh D. Crawford, Chairperson IN RE: 52ND DISTRICT COURT, DIVISION II - CREATION OF SUPPORT STAFF FOR ADDITIONAL JUDGESHIP IN THE SECOND DIVISION, CLARKSTON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Act 448 of the Public Acts of 2000 transferred Rose and White Lake Townships from the jurisdiction of the First Division to the Second Division of the 52nd District effective January 1, 2003; and WHEREAS the Oakland Board of Commissioners, in Miscellaneous Resolution #01096, confirmed the transfer of the judgeship whose term expires January 1, 2005 from the First to the Second Division of the 52nd District Court effective January 1, 2003; and WHEREAS this action resulted in the Second Division of the 52nd District Court increasing from one to two judges, effective January 1, 2003; and WHEREAS additional support staff is needed for the second judgeship in the Second Division; and WHEREAS Act 448 of the Public Acts of 2000 transferred Rose and White Lake Townships from the jurisdiction of the First Division to the Second Division of the 52nd District effective January 1, 2003; and WHEREAS the Oakland Board of Commissioners, in Miscellaneous Resolution #01096 agreed to provide and maintain facilities, personnel, and operating costs to operate the court in accordance with statutes of the State of Michigan and the Michigan Court Rules Court; and WHEREAS the requests for appropriate related support staff was recommended in the FY 2003-2004 Biennial budget to be addressed by separate resolution in the fall of 2002. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of the following General Fund/General Purpose positions in the 52nd District Court, Division II: Commissioners Minutes Continued. December 12, 2002 574 one (1) District Court Recorder II and one (1) Court Clerk in the Administration unit and one (1) Probation Officer I in the Probation unit effective January 1, 2003. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #02304) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: 52ND DISTRICT COURT, DIVISION II - CREATION OF SUPPORT STAFF FOR ADDITIONAL JUDGESHIP IN THE SECOND DIVISION, CLARKSTON 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. Act 448 of the Public Acts of 2000 transferred Rose and White Lake Townships from the jurisdiction of the 52nd District Court, Division I to the 52nd District Court, Division II effective January 1, 2003. 2. The Oakland Board of Commissioners, pursuant to Miscellaneous Resolution #01096, transferred one judgeship whose term expires January 1, 2005, the 52nd District Court, Division I to the 52nd District Court, Division II effective January 1, 2003. This action increased the total number of judges in the 52nd District Court, Division II to two. 3. The FY 2003 and FY 2004 Budget included funding for the new judge position in the 52nd District Court, Division II and transferred the judge’s operating cost from Division I to Division II. In addition, funding was set aside in non-departmental accounts to cover the cost of support staff in Division II and remaining required operating cost is Division I, to be transferred once a detailed recommendation was prepared. 4. This resolution completes the process by creating one (1) GF/GP District Court Recorder II, one (1) GF/GP Court Clerk and one (1) GF/GP Probation Officer I in the 52nd District Court, Division II. 5. Cost for the additional staff in the 52nd District Court, Division II equals $145,148 for the balance of FY 2003 and $201,678 for FY 2004. 6. Required additional operating cost for the 52nd District Court, Division I is $113,320 for the balance of FY 2003, and $128,105 for FY 2004. 7. The following budget amendment is recommended to the FY 2003 and FY 2004 General Fund budget, transferring funds from non-departmental accounts to the 52nd District Court, Division I (for required operating) and the 52nd District Court, Division II (for support staff): General Fund (101) FY 2003 FY 2004 Expenditure 2-90-290000-25000-9049 Dist Ct Prop Jud ($258,468) ($324,603) Total Non-Departmental Dept. 90 ($258,468) ($324,603) Expenditure 52-1 Novi District Court 2-32-201200-20001-2548 Comp Res. Svcs 2,600 2,600 2-32-201200-20001-2608 Ct. Rept. Svcs 4,900 4,900 2-32-201200-20001-2640 Def. Atty Fees 36,400 36,400 2-32-201200-20001-2760 Equip. Rent. 443 443 2-32-201200-20001-2900 Heat, Light, Gas 1,225 24,010 2-32-201200-20001-2988 Interpreter Fees 800 800 2-32-201200-20001-3016 Juror Fees & Mile 10,557 10,557 2-32-201200-20001-3052 Laundry & Clean. 50 50 2-32-201200-20001-3172 Membership Dues 1,700 1,700 2-32-201200-20001-3292 Personal Mile. 710 710 2-32-201200-20001-3324 Printing 189 189 2-32-201200-20001-3360 Property Taxes 4,895 4,895 2-32-201200-20001-3476 Rent 30,315 30,315 Commissioners Minutes Continued. December 12, 2002 575 2-32-201200-20001-3756 Travel & Conf. 3,553 3,553 2-32-201200-20001-4076 Dry Goods & Cloth 374 374 2-32-201200-20001-4252 Office Supplies 4,600 4,600 2-32-201200-20001-4284 Postage 2,000 2,000 2-32-201200-20001-4292 Provisions 9 9 2-32-201200-20001-9169 Misc Cap’l 8,000 -0- Total Expenditures $ 113,320 $128,105 52-2 Clarkston District Court 2-32-301200-20001-2001 Salaries $ 51,510 $ 70,488 2-32-301200-20001-2074 Fringes 21,171 28,971 2-32-305200-20006-2001 Salaries 26,577 36,368 2-32-305200-20006-2074 Fringes 10,923 14,947 2-32-301200-20001-2001 Salary (new judge) 34,967 45,724 2-32-301200-20001-2074 Fringes (frg. adj) -0- -0- Total Expenditures $ 145,148 $196,498 Net of Expenditures $ -0- $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 599.) *MISCELLANEOUS RESOLUTION #02305 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: 52ND DISTRICT COURT, DIVISION I – 2003 MICHIGAN DRUG COURT PROGRAM CONTINUATION GRANT CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division I (Novi) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a granting period of January 1, 2003 through December 31, 2003; and WHEREAS the application requested total funding in the amount of $95,684 of which $37,284 is the State portion and $12,428 is the County’s in-kind match, and $58,400 was received from the Byrne Memorial Grant; and WHEREAS the award from the SCAO is for $37,284 and the County’s in-kind Match is $12,428 totaling $49,712; and WHEREAS the twenty-five percent (25%) County in-kind Match of $12,428 will come from the Byrne Memorial Grant for FY 2003; and 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 continued intensive probation supervision and frequent alcohol testing of defendants, there is one (1) special revenue full-time eligible Probation Officer I position (32205-09903) in the Probation Unit; and WHEREAS this position changes from SCAO to Byrne Memorial Grant funding effective the first pay period of the second quarter of the FY 2003; and WHEREAS the 25% grant match funding ($12,428) for this position will be SCAO funded; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrative Office, Michigan Drug Court Program Grant, in the amount of $49,712 which includes $37,284 from the State and $12,428 as the County’s Match. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement 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. Commissioners Minutes Continued. December 12, 2002 576 BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon 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 25% grant match funding ($12,428) for one (1) full-time eligible special revenue Probation Officer I position (32205-09903) in the Probation unit of 52nd District Court, Division I (Novi), be paid from the SCAO grant award, approval of the SCAO. 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 in June and December of 2003 to the Public Services Committee and the Finance Committee on the effectiveness of the grant program. BE IT FURTHER RESOLVED that continuation of the position associated with this grant is contingent upon continuation of State funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of letters from Dawn Monk Deputy State Court Administrator, Contract Review – District Court 52-1 Novi, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2003 Grant Contract and Budget Summary Fiscal Year 2003 on file in County Clerk’s office. FISCAL NOTE (MISC. #02305) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: 52ND DISTRICT COURT, DIVISION I – 2003 MICHIGAN DRUG COURT PROGRAM CONTINUATION GRANT CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 52nd District Court, Division I (Novi) has received a grant from the State Court Administrator’s Office (SCAO), Michigan Drug Court Program, for the period of January 1, 2003, through December 31, 2003. 2. The award from SCAO is for $37,284 requiring $12,428 in County match to come from the 2003 Byrne Memorial Grant. The total program amount equals $49,712. 3. The County match of $12,428 is met by the 2003 Byrne Memorial Grant of $58,400. 4. The grant application included the continued funding of one (1) special revenue full-time eligible Probation Officer I position (32205-09903). 5. This position changes from SCAO to Byrne Memorial Grant funding effective the first pay period of the second quarter of FY 2003. 6. The Fiscal Year 2003 budget should be amended as follows to accept continued funding from the SCAO, 52-1 District Court Drug Court grant: Special Revenue Fund 279 Revenue 1-32-279-100303-28000-0171 Grants-State $ 37,284 1-32-279-100303-28000-0167 Grant Match $ -0- $ 37,284 Expenditures 2-32-279-200303-28000-2001 Salaries $ -0- 2-32-279-200303-28000-2075 Fringe Benefits $ -0- 2-32-279-200303-28000-2560 Consultant $ 26,120 2-32-279-200303-28000-4156 Lab. Supplies $ 11,164 $ 37,284 7. Program continuation, including personnel, is contingent upon continued grant funding. FINANCE COMMITTEE Commissioners Minutes Continued. December 12, 2002 577 (The vote for this motion appears on page 599.) *MISCELLANEOUS RESOLUTION #02306 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: 52ND DISTRICT COURT, DIVISION IV – 2003 MICHIGAN DRUG COURT PROGRAM CONTINUATION GRANT CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division IV (Troy) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a granting period of January 1, 2003 through December 31, 2003; and WHEREAS the total program cost is $121,444 of which $35,000 is the State portion, $55,944 is the County’s in-kind match and $25,000 will be derived from other sources of funding, and a local match from the city of Troy of $5,500; and WHEREAS the award from the SCAO is for $35,000 and $55,944 is the County’s in-kind match, $5,500 will be funded from the City of Troy, and $25,000 from other sources for a total of $121,444; and WHEREAS the contract will require a twenty-five percent (25%) County Match of $55,944 that must come from local or other sources and an undefined portion of that match must be cash; and WHEREAS the actual County Match is an in-kind match of $55,944 and will not require any additional County appropriation; and 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 intensive probation supervision and frequent drug testing of defendants, one (1) part-time non-eligible Probation Officer I position, be continued in the Probation Unit, which will be covered by grant funds; and WHEREAS the Court contracts with A.D.E. inc. for its NEEDS assessment instrument; and WHEREAS A.D.E. inc. has case management software and an outcome assessment instrument available that will meet data reporting requirements for the State and Federal government; and WHEREAS the cost of the case management software is $2.00 per case, with the outcome assessment instrument provided at no additional cost; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the contract has been approved in accordance with the County Executive’s Review Process. 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 $121,444 which includes $35,000 from the State, $55,944 as the County’s In-kind Match, $5,500 from the City of Troy and $25,000 from Other sources. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement 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 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 one (1) part-time non-eligible special revenue Probation Officer I position (pos. 32505-09716) be continued within the Probation Unit of the 52nd District Court, Division IV (Troy). 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 utilize the case management and outcome assessment instruments available through A.D.E. inc. 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. Commissioners Minutes Continued. December 12, 2002 578 BE IT FURTHER RESOLVED that continuation of the existing 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 letter from Dawn Monk Deputy State Court Administrator, Contract Review – District Court 52-4 – Troy, Budget Section Calendar Year 2003, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2003 Grant Contract and memo from James VerPloeg Court Administrator 52-4 District Court on file in County Clerk’s office. FISCAL NOTE (MISC. #02306) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: 52ND DISTRICT COURT, DIVISION IV – 2003 MICHIGAN DRUG COURT PROGRAM CONTINUATION GRANT CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 52nd District Court, Division IV (Troy) has received a grant from the State Court Administrator’s Office (SCAO), Michigan Drug Court Program, for the period of January 1, 2003, through December 31, 2003. 2. The award from SCAO is for $35,000 in addition $55,944 in County in-kind match, $5,500 from the city of Troy local in-kind match, and $25,000 of County in-kind match. The total program amount is $121,444. 3. The County match of $55,944 is in-kind personnel support from general fund funded employees. 4. The match of $25,000 is also in-kind County match support from the Office of Substance Abuse Coordinating Agency of the Oakland County Health Department. 5. Because the in-kind matches are currently budgeted in the General Fund/General Purpose budget, an amendment adding the match to the Special Revenue Fund is inappropriate. 6. The grant contract includes the continued funding of one (1) special revenue part-time non- eligible Probation Officer I position (32505-09716) total salary and fringes are $26,840. 7. The grant also funds the $8,160 of contracted services consultant cost, for a total SCAO grant funded budget of $35,000. 8. The Fiscal Year 2003 budget should be amended as follows to accept continued funding from the SCAO, 52-4 District Court Drug Court grant: Special Revenue Fund 279 Revenue 1-32-279-100403-28000-0171 Grants-State $ 35,000 1-32-279-100403-28000-0218 Local Match $ -0- $ 35,000 Expenditures 2-32-279-200403-28000-2001 Salaries $ 22,000 2-32-279-200403-28000-2075 Fringe Benefits $ 4,840 2-32-279-200403-28000-2560 Consultant $ 8,160 2-32-279-200403-28000-4156 Lab. Supplies $ -0- $ 35,000 9. Program continuation, including personnel, is contingent upon continued grant funding. FINANCE COMMITTEE (The vote for this motion appears on page 599.) Commissioners Minutes Continued. December 12, 2002 579 *MISCELLANEOUS RESOLUTION #02307 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/GENERAL JURISDICTION – 2003 MICHIGAN DRUG COURT CONTINUATION 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, 2003 through December 31, 2003; and WHEREAS the award from the SCAO is for $53,333, of which $40,000 is the SCAO portion and $13,333 is County match; and WHEREAS the twenty-five percent (25%) County Match of $13,333 is funded by the Byrne Memorial grant, and no additional General Fund appropriations are required; and 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/General Jurisdiction (Adult Program) there is (1) full-time eligible special revenue Community Service Coordinator (35301-09837); and WHEREAS to evaluate the Circuit Court (Adult Program) to determine both its strengths and weaknesses and to establish a foundation from which the program may be more effectively developed, the Circuit Court seeks to contract for the services of a professional to conduct a program evaluation; to further develop the Circuit Court (Adult Program), grant funds would also be used to obtain continued training for team members at the Michigan Association of Drug Court Professionals Annual Conference in January 2003; and to ensure that funds are available as necessary for emergency drug or alcohol detoxification of a program participant, funds would be reserved for that purpose; and WHEREAS one (1) special revenue Community Service Coordinator position (#35301-09837) is funded by the SCAO grant through 12/31/02, and will be switched over to the Byrne grant effective 1/1/03 per Miscellaneous Resolution #02277; and WHEREAS $24,300 of the FY 2003 SCAO grant will be counted toward an in-kind match to the FY 2003 Byrne grant; and WHEREAS the funding for this position changes from SCAO to Byrne Memorial Grant funding effective the first pay period of the second quarter of FY 2003; and WHEREAS the 25% grant match funding ($13,333), for this position will be SCAO funded; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the contract has been approved in accordance with the County Executive’s Review Process. 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 $53,333 which includes $40,000 from the State and $13,333 as County match from the Byrne Memorial Grant. 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 evaluation of the Circuit Court (Adult Program) to determine both its strengths and weakness and to establish a foundation from which the program may be more effectively developed; continued training for team members at the Michigan Association of Drug Court Professionals Annual Conference in January 2003; and reserve funds as necessary for emergency drug or alcohol detoxification of a program participant. Commissioners Minutes Continued. December 12, 2002 580 BE IT FURTHER RESOLVED that one (1) special revenue Community Service Coordinator position (#35301-09837) is funded by the SCAO grant through 12/31/02, and will be switched over to the Byrne grant effective 1/1/03 per Miscellaneous Resolution #02277. BE IT FURTHER RESOLVED that $24,300 of the FY 2003 SCAO grant will be counted toward an in-kind match to the FY 2003 Byrne grant. 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 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 letter from Dawn Monk Deputy State Court Administrator, Contract Review – Circuit Court – Adult, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2003 Grant Contract and Budget Summary Calendar Year 2003 on file in County Clerk’s office. FISCAL NOTE (MISC. #02307) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/GENERAL JURISDICTION – 2003 MICHIGAN DRUG COURT CONTINUATION 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, 2003, through December 31, 2003, in the amount of $40,000. 2. In addition to the grant award of $40,000, a County in-kind match (currently budgeted in the Byrne Memorial Grant for FY 2003) of $13,333 is required, for total program funding of $53,333. 3. This grant funds drug testing services, program evaluation, and emergency treatment for detoxification for $35,500; also, grant funds for travel and conference for personnel training of $2,000; and program materials and supplies of $2,500. In addition one (1) full-time eligible special revenue Community Service Coordinator position (35301-09837) is funded by in-kind matching funds from the Byrne Memorial Grant. 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 1-35-279-100103-28000-0171 Grants-State $ 40,000 1-35-279-100103-28000-0167 Grant Match -0- $ 40,000 Expenditures 2-35-279-200103-28000-2001 Salaries $ -0- 2-35-279-200103-28000-2075 Fringe Benefits $ -0- 2-35-279-200103-28000-3348 Professional Services $ 35,500 2-35-279-200103-28000-3756 Travel and Conference $ 2,000 2-35-279-200103-28000-4252 Office Supplies $ 2,500 $ 40,000 FINANCE COMMITTEE (The vote for this motion appears on page 599.) Commissioners Minutes Continued. December 12, 2002 581 *MISCELLANEOUS RESOLUTION #02308 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION – 2003 MICHIGAN DRUG COURT CONTINUATION GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court, Family Division, applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a granting period of January 1, 2003 through December 31, 2003; and WHEREAS the application requested total funding in the amount of $140,000 of which $105,000 was the State portion, and $35,000 was the County’s match; and WHEREAS the award from the SCAO is for $105,000, the twenty-five percent (25%) County Match of $35,000 will come from the FY 2003 Byrne Memorial Grant, requiring no additional County appropriations; and 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 coordination and supervision of the grant program, one (1) full-time eligible special revenue SCAO funded Community Service Coordinator (Juvenile Drug Court Coordinator) will be continued within the Family Division of the Circuit Court, which will be covered by grant funds; and WHEREAS to carry out the duties of the program one (1) full time Special Revenue Youth and Family Case Worker II (34502-09835) and one (1) PTNE Special Revenue Technical Aide (35402-09836) in Circuit Court Family Div., are funded by the Byrne Memorial Grant, with the grant match being furnished by the SCAO grant; and WHEREAS the Family Court is taking part in the drug court program and needs to evaluate that program; and WHEREAS a case management and outcome assessment tool has been implemented; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the contract has been approved in accordance with the County Executive’s Review Process. 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 $140,000 which includes $105,000 from the State, and $35,000 as the County Match to be funded by the Byrne Memorial Grant. BE IT FURTHER RESOLVED that the total grant funded program cost of $140,000 include personnel cost of $72,983, contractual consultant cost of $62,800, travel of $2,794, and operating supplies of $1,423. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement 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 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 one (1) full-time eligible special revenue Community Service Coordinator (Juvenile Drug Court Coordinator) position (35402-9712) be continued within the Family Division of the Circuit Court, with the 25% grant match funding ($35,000) paid by budgeted departmental funds. BE IT FURTHER RESOLVED that the 25% grant match funding ($35,000) for one (1) full-time eligible Special Revenue Youth and Family Case Worker II (34502-09835) and one (1) PTNE Special Revenue Technical Aide (35402-09836) within the Family Division of the Circuit Court, funded by the Byrne Memorial Grant, be paid by the SCAO grant award, effective the first pay period of the second quarter of FY 2003, per approval of the SCAO. 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. Commissioners Minutes Continued. December 12, 2002 582 BE IT FURTHER RESOLVED that the court utilize a case management and outcome assessment instrument acceptable to the Board of Commissioners. 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 position 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 letter from Dawn Monk Deputy State Court Administrator, Contract Review – Circuit Court Family Division, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2003 Grant Contract and Budget Summary Fiscal Year 2003 on file in County Clerk’s office. FISCAL NOTE (MISC. #02308) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION – 2003 MICHIGAN DRUG COURT CONTINUATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Circuit Court has received a grant from the State Court Administrators Office (SCAO), Michigan Drug Court Program, for the period of January 1, 2003, through December 31, 2003, in the amount of $105,000. 2. In addition to the grant award of $105,000, a County in-kind match (currently budgeted in the Byrne Memorial Grant for FY 2003) of $35,000 is required, for total program funding of $140,000. 3. This grant funds one (1) full-time eligible special revenue Community Service Coordinator position (35402-09712) to provide program coordination and supervision, in the amount of $73,000 also, program related contracted services of $32,000. In addition, in-kind matching funds from the Byrne Memorial Grant funds additional contracted services, travel and conference, and operating supplies in the amount of $35,000. 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 1-35-279-100203-28000-0171 Grants-State $105,000 1-35-279-100203-28000-0167 Grant Match -0- $105,000 Expenditures 2-35-279-200203-28000-2001 Salaries $ 54,500 2-35-279-200203-28000-2075 Fringe Benefits $ 18,500 2-35-279-200203-28000-2572 Contracted Services $ 32,000 2-35-279-200203-28000-3756 Travel and Conference $ -0- 2-35-279-200203-28000-4252 Office Supplies $ -0- $105,000 FINANCE COMMITTEE (The vote for this motion appears on page 599.) Commissioners Minutes Continued. December 12, 2002 583 *MISCELLANEOUS RESOLUTION #02309 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - TORNADO WARNING SYSTEM EXPANSION – LYON TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS Lyon Township, has executed the attached purchase agreement; and WHEREAS Lyon Township has agreed to pay seventy-five percent of the total estimated cost of two sirens; and WHEREAS consistent with the attached standard agreement, Lyon Township agrees that Oakland County will retain ownership of the sirens and will be responsible for the maintenance and the electrical costs for said sirens purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the contract with Lyon Township for the purchase of two (2) tornado sirens. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the Township of Lyon. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Lyon Township Tornado Sirens Budget Summary on file in County Clerk’s office. FISCAL NOTE (MISC. #02309) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS – TORNADO WARNING SYSTEM EXPANSION – LYON TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The resolution recognizes that Lyon Township has issued a purchase agreement for the purchase of two (2) warning sirens and has requested to become part of the County’s centrally activated tornado warning system. 2. The total cost of the sirens is $42,000. 3. The Township of Lyon has agreed to pay $31,500, seventy-five percent (75%) of the estimated cost of the sirens. 4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, $10,500. 5. Consistent with past agreements, the County will retain ownership and be responsible for the maintenance and electrical costs for the sirens. 6. Funds are available in the FY2003 Emergency Response and Preparedness budget to cover cost. 7. No additional budget amendments are necessary. FINANCE COMMITTEE (The vote for this motion appears on page 599.) Commissioners Minutes Continued. December 12, 2002 584 *REPORT (MISC. #02310) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: SHERIFF'S DEPARTMENT – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF LYON 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-mentioned resolution on December 4, 2002, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #02310 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF LYON 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Lyon Township has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (Miscellaneous Resolution #98011); and WHEREAS paragraph 23 of this contract provides that an amendment to this contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Lyon Township Board; and WHEREAS Lyon Township has approved a proposed amendment to the contract (Schedule A-Sheriff's Deputies Contracted) which would add one (1) Deputy II (Patrol Investigator) resulting in a new total of three (3) Deputy II (Patrol Investigators) being contracted and bring the total number of contracted deputies to thirteen (13); and WHEREAS the Sheriff has agreed to add one (1) Deputy II (Patrol Investigator) for Lyon Township under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 1999-2003 Law Enforcement Services Agreement with the Charter Township of Lyon to increase the number of Patrol Investigators from two (2) to a new total of three (3). BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff's Department. BE IT FURTHER RESOLVED that one (1) unmarked vehicle (with mobile and prep) be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on January 1, 2003. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Charter Township of Lyon Schedule A-1 on file in County Clerk’s office. FISCAL NOTE (MISC. #02310) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF LYON 1999-2003 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 Charter Township of Lyon has requested an amendment to the contract the Township has with the Oakland County Sheriff for law enforcement services beginning January 1, 2003. 2. This amendment would add one (1) Deputy II (Patrol Investigator) to the Contracted Patrol Unit, Patrol Services Division. 3. Operating costs and revenues equal $65,367 for FY 2003 and $89,450 for FY 2004. Commissioners Minutes Continued. December 12, 2002 585 4. This change will require the addition of one (1) unmarked vehicle (with mobile and prep radio) to the County fleet. The Capital Costs will come from contingency. 5. A budget amendment to the FY 2003 and FY 2004 budget is recommended as follows: FY 2003 FY 2004 FUND DEPT OCA PCA OBJECT Revenue 101 43 13601 30000 985 Contract Revenue $65,367 $89,450 Expenditures 101 43 23601 31150 2001 SALARY TOTAL $36,450 $49,879 101 43 23601 31150 2075 FRINGE BENEFIT TOTAL $17,562 $24,032 101 43 23601 30000 6660 Radio Rental $ 1,034 $ 1,415 101 43 23601 30000 6661 Transportation 4,303 5,889 101 43 23901 40000 4044 Deputy Supplies 328 449 101 43 23201 10000 3784 Uniform Cost 337 461 101 43 23301 20000 6636 Info Tech Operations 140 191 101 43 23101 10000 6677 Liability Ins 1,592 2,178 OPERATING TOTAL $ 7,734 $10,583 101 43 23601 30000 6024 CLEMIS $ 169 $ 231 101 43 23901 41000 2002 Dispatch 3,452 4,725 OPER. SUPPORT TOTAL $ 3,621 $ 4,956 TOTAL COST $65,367 $89,450 Capital Costs 101 43 33601 30000 8001 Motor Pool Transfer $20,773 101 43 33601 30000 8001 Radio Transfer 5,186 101 90 290000 25000 2564 Contingency (25,959) $ -0- MOTOR POOL FUND Revenue 661 13 661001 10 635 Leased Equipment $ 4,303 $ 5,889 Operating Transfer 661 13 661003 10 1701 Operating Transfer In 20,773 $25,076 $ 5,889 Expense 661 13 661002 10 3903 Depreciation $ 4,303 $ 5,889 661 13 661002 10 4264 Leased Vehicles 20,773 $25,076 $ 5,889 RADIO COMMUNICATIONS FUND Revenue 660 23 660711 60005 635 Leased Equipment $ 1,034 $ 1,415 Operating Transfer 660 23 660713 60005 1701 Operating Transfer In 5,186 $ 6,220 $ 1,415 Expense 660 23 660712 60005 3900 Depreciation $ 1,034 $ 1,415 General Ledger 660 23 660712 60005 8005 Est. Profit/Loss 5,186 $ 6,220 $ 1,415 INFO TECH - CLEMIS FUND Revenue 635 23 635111 30001 583 In-Car Terminals $ 169 $ 231 $ 169 $ 231 Commissioners Minutes Continued. December 12, 2002 586 Expense 635 23 635152 30001 3900 Depreciation $ 169 $ 231 $ 169 $ 231 FINANCE COMMITTEE (The vote for this motion appears on page 599.) *REPORT (MISC. #02311) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: SHERIFF'S DEPARTMENT – CONTRACT AMENDMENT #4 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OXFORD 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-mentioned resolution on December 4, 2002, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #02311 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT AMENDMENT #4 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) Deputy II (no-fill) making the new total of two (2) Deputy II (no-fill) and bring the total number of contracts to fifteen (15); and WHEREAS the Sheriff has agreed to add one (1) Deputy II (no-fill) 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 and A-1 (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) Deputy II (no-fill). BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff's Department. BE IT FURTHER RESOLVED that this amendment will take effect on January 1, 2003. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A-1 and Amendment #4 on file in County Clerk’s office. FISCAL NOTE (MISC. #02311) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT AMENDMENT # 4 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OXFORD 1999-2003 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. December 12, 2002 587 1. The Charter Township of Oxford has requested an amendment to the contract between the Charter Township of Oxford and the Oakland County Sheriff for law enforcement services beginning January 1, 2003. 2. This amendment would add one (1) Deputy II (No-fill) to the Contracted Patrol Unit, Patrol Services Division. 3. Operating costs and revenues equal $66,160 for FY 2003 and $90,534 for FY 2004. 4. A budget amendment to the FY 2003 and FY 2004 budget is recommended as follows: FY 2003 FY 2004 FUND DEPT OCA PCA OBJECT Revenue 101 43 13601 30000 985 Contract Revenue $66,160 $90,534 Expenditures 101 43 23601 31175 2001 SALARY TOTAL $36,450 $49,879 101 43 23601 31175 2075 FRINGE BENEFIT $17,562 $24,032 TOTAL 101 43 23601 30000 6660 Radio Rental $ 345 $ 472 101 43 23601 30000 6661 Transportation 5,582 7,638 101 43 23901 40000 4044 Deputy Supplies 328 449 101 43 23201 10000 3784 Uniform Cost 337 461 101 43 23301 20000 6636 Info Tech Operations 343 469 101 43 23101 10000 6677 Liability Ins 1,592 2,178 OPERATING TOTAL $ 8,527 $11,667 101 43 23601 30000 6024 CLEMIS $ 169 $ 231 101 43 23901 41000 2002 Dispatch 3,452 4,725 OPER. SUPPORT TOTAL $ 3,621 $ 4,956 TOTAL COST $66,160 $90,534 MOTOR POOL FUND Revenue 661 13 661001 10 635 Leased Equipment $ 5,582 $ 7,638 $ 5,582 $ 7,638 Expense 661 13 661002 10 3903 Depreciation $ 5,582 $ 7,638 $ 5,582 $ 7,638 RADIO COMMUNICATIONS FUND Revenue 660 23 660711 60005 635 Leased Equipment $ 345 $ 472 $ 345 $ 472 Expense 660 23 660712 60005 3900 Depreciation $ 345 $ 472 $ 345 $ 472 INFO TECH - CLEMIS FUND. Revenue 635 23 635111 30001 583 In-Car Terminals $ 169 $ 231 $ 169 $ 231 Expense 635 23 635152 30001 3900 Depreciation $ 169 $ 231 $ 169 $ 231 FINANCE COMMITTEE Commissioners Minutes Continued. December 12, 2002 588 (The vote for this motion appears on page 599.) *REPORT (MISC. #02312) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: SHERIFF'S DEPARTMENT – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF SPRINGFIELD 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-mentioned resolution on December 4, 2002, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #02312 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF SPRINGFIELD 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Charter Township of Springfield has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (Miscellaneous Resolution #98011); and WHEREAS paragraph 23 of this contract provides that an amendment to this contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Springfield Township Board; and WHEREAS Charter Township of Springfield has approved a proposed amendment to the contract (Schedule A-1 Sheriff's Deputies Contracted) which would add one (1) Deputy II (with fill-in) resulting in a new total of nine (9) Deputy II’s (with fill-in) being contracted and bring the total number of contracted deputies to ten (10); and WHEREAS the Sheriff has agreed to add one (1) Deputy II (with fill-in) for the Charter Township of Springfield 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-1 (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 1999-2003 Law Enforcement Services Agreement with the Charter Township of Springfield to add a Deputy II (with fill-in). BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff's Department. BE IT FURTHER RESOLVED that this amendment will take effect on January 1, 2003. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A-1 and Amendment 2 on file in County Clerk’s office. FISCAL NOTE (MISC. #02312) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF SPRINGFIELD 1999-2003 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 Charter Township of Springfield has requested an amendment to the contract between the Charter Township of Springfield and the Oakland County Sheriff for law enforcement services beginning January 1, 2003. 2. This amendment would add one (1) Deputy II (with fill-in) to the Contracted Patrol Unit, Patrol Services Division. 3. Operating costs and revenues equal $74,860 for FY 2003 and $102,444 for FY 2004. Commissioners Minutes Continued. December 12, 2002 589 4. A budget amendment to the FY 2003 and FY 2004 budget is recommended as follows: FY 2003 FY 2004 Fund Dept OCA PCA Object Revenue 101 43 13601 30000 985 Contract Revenue $ 74,860 $102,444 Expend. 101 43 23601 31150 2001 SALARY TOTAL $ 45,144 $ 61,789 101 43 23601 31150 2075 FRINGE BENEFIT TOTAL $ 17,556 $ 24,032 101 43 23601 30000 6660 Radio Rental $ 342 $ 472 101 43 23601 30000 6661 Transportation 5,586 7,638 101 43 23901 40000 4044 Deputy Supplies 323 449 101 43 23201 10000 3784 Uniform Cost 342 461 101 43 23301 20000 6636 Info Tech Operations 342 469 101 43 23101 10000 6677 Liability Ins 1,596 2,178 OPERATING TOTAL $ 8,531 $ 11,667 101 43 23601 30000 6024 CLEMIS $ 171 $ 231 101 43 23901 41000 2002 Dispatch 3,458 4,725 OPER. SUPPORT TOTAL $ 3,629 $ 4,956 TOTAL COST $ 74,860 $102,444 MOTOR POOL FUND Revenue 661 13 661001 10 635 Leased Equipment $ 5,586 $ 7,638 $ 5,586 $ 7,638 Expense 661 13 661002 10 3903 Depreciation $ 5,586 $ 7,638 $ 5,586 $ 7,638 RADIO COMMUNICATIONS FUND Revenue 660 23 660711 60005 635 Leased Equipment $ 342 $ 472 $ 342 $ 472 Expense 660 23 660712 60005 3900 Depreciation $ 342 $ 472 $ 342 $ 472 INFO TECH - CLEMIS FUND Revenue 635 23 635111 30001 583 In-Car Terminals $ 171 $ 231 $ 171 $ 231 Expense 635 23 635152 30001 3900 Depreciation $ 171 $ 231 $ 171 $ 231 FINANCE COMMITTEE (The vote for this motion appears on page 599.) Commissioners Minutes Continued. December 12, 2002 590 *REPORT (MISC. #02286) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: SHERIFF'S DEPARTMENT – CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF HIGHLAND 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed Miscellaneous Resolution #02286 on December 4, 2002, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #02286 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 HIGHLAND 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Charter Township of Highland has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (Miscellaneous Resolution #98011); and WHEREAS paragraph 23 of this contract provides that an amendment to this contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Charter Township of Highland Board; and WHEREAS the Charter Township of Highland has approved a proposed amendment to the contract (Schedule A-1 Sheriff's Deputies Contracted) which would change eleven (11) Deputy II (with fill-in) to eleven (11) Deputy II (no-fill) and add one (1) Patrol Investigator (Deputy II) bringing the total number of no-fill contracts to fourteen (14), and bringing the total number of Patrol Investigators to four (4) and bring the total number of contracted deputies to twenty (20); and WHEREAS the Sheriff has agreed to this contract amendment and recommends to the Board of Commissioners that the eleven (11) Deputy II (with fill-in) be changed to eleven (11) Deputy II (no-fill) and to add one (1) Patrol Investigator (Deputy II) for the Charter Township of Highland under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the amended Schedule A-1 (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 1999-2003 Law Enforcement Services Agreement with the Charter Township of Highland to change eleven (11) Deputy II (with fill-in) to eleven (11) Deputy II (no-fill) and add one (1) Patrol Investigator. BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff’s Department. BE IT FURTHER RESOLVED that one (1) unmarked vehicle (with mobile and prep) be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on January 1, 2003. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Charter Township of Highland Schedule A-1 on file in County Clerk’s office. FISCAL NOTE (MISC. #02286) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF HIGHLAND 1999-2003 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 Charter Township of Highland has requested an amendment to the contract the Township has with the Oakland County Sheriff for law enforcement services beginning January 1, 2003. Commissioners Minutes Continued. December 12, 2002 591 2. This amendment would downgrade eleven (11) Deputy II (with fill-in) to eleven (11) Deputy II (no-fill) and add one (1) Deputy II (Patrol Investigator) to the Contracted Patrol Unit, Patrol Services Division. 3. Operating costs and revenues equal ($30,366) for FY 2003 and $(41,560) for FY 2004. 4. This change will require the addition of one (1) unmarked vehicle (with MDC, mobile and prep radio) to the County fleet. The Capital Costs will come from contingency. 5. A budget amendment to the FY 2003 and FY 2004 budget is recommended as follows: FY 2003 FY 2004 FUND DEPT OCA PCA OBJECT Revenue 101 43 13601 30000 985 Contract Revenue $(30,366) $(41,560) Expenditures 101 43 23601 31130 2001 SALARY TOTAL $(59,283) $(81,131) 101 43 23601 31130 2075 FRINGE BENEFIT TOTAL $ 17,562 $ 24,032 101 43 23601 30000 6660 Radio Rental $ 1,034 $ 1,415 101 43 23601 30000 6661 Transportation 4,303 5,889 101 43 23901 40000 4044 Deputy Supplies 328 449 101 43 23201 10000 3784 Uniform Cost 337 461 101 43 23301 20000 6636 Info Tech Operations 140 191 101 43 23101 10000 6677 Liability Ins 1,592 2,178 OPERATING TOTAL $ 7,734 $ 10,283 101 43 23601 30000 6024 CLEMIS $ 169 $ 231 101 43 23901 41000 2002 Dispatch 3,452 4,725 OPER. SUPPORT TOTAL $ 3,621 $ 4,956 TOTAL COST $(30,366) $(41,560) Capital Costs 101 43 33601 30000 8001 Motor Pool Transfer $ 20,773 101 43 33601 30000 8001 Radio Transfer 5,186 101 43 33601 30000 8001 Computer Transfer 6,308 101 90 290000 25000 2564 Contingency ( 32,267) $ -0- MOTOR POOL FUND Revenue 661 13 661001 10 635 Leased Equipment $ 4,303 $ 5,889 Operating Transfer 661 13 661003 10 1701 Operating Transfer In 20,773 $ 25,076 $ 5,889 Expense 661 13 661002 10 3903 Depreciation $ 4,303 $ 5,889 661 13 661002 10 4264 Leased Vehicles 20,773 $ 25,076 $ 5,889 RADIO COMMUNICATIONS FUND Revenue 660 23 660711 60005 635 Leased Equipment $ 1,034 $ 1,415 Operating Transfer 660 23 660713 60005 1701 Operating Transfer In 5,186 $ 6,220 $ 1,415 Expense 660 23 660712 60005 3900 Depreciation $ 1,034 $ 1,415 Commissioners Minutes Continued. December 12, 2002 592 General Ledger 660 23 660712 60005 8005 Est. Profit/Loss 5,186 $ 6,220 $ 1,415 INFO TECH - CLEMIS FUND Revenue 635 23 635111 30001 583 In-Car Terminals $ 169 $ 231 Operating Transfer 635 23 635113 30001 1701 Operating Transfer In 6,308 $ 6,477 $ 231 Expense 635 23 635152 30001 3900 Depreciation $ 169 $ 231 General Ledger 635 23 635152 30001 8005 Est. Profit/Loss 6,308 $ 6,477 $ 231 FINANCE COMMITTEE (The vote for this motion appears on page 599.) *REPORT (MISC. #02313) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: 52ND DISTRICT COURT, DIVISION I – FISCAL YEAR 2003 MICHIGAN SOBRIETY COURT CONTINUATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-mentioned resolution on December 4, 2002, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #02313 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: 52ND DISTRICT COURT, DIVISION I – FISCAL YEAR 2003 MICHIGAN SOBRIETY COURT CONTINUATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 2001 the 52nd District Court, Division I (Novi) implemented a Sobriety Court to address the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS this program was initially implemented through the State Court Administrative Office (SCAO), Michigan Sobriety Court Grant Program in 2001; and WHEREAS the Sobriety Court program retains offenders in treatment for a specific length of time with a goal of successfully reducing recidivism among repeat drunk drivers; and WHEREAS to support the continuation of the Sobriety Court program in a cost-effective manner, Division I proposes to increase the Sobriety Court Cost from $100 to $125, which is imposed on all offenders in this jurisdiction convicted of drinking and driving related charges; and WHEREAS the program provides intensive probation supervision and frequent alcohol testing of defendants; and WHEREAS the continuation of two (2) Probation Officer I positions is requested, with positions costs to be covered by Sobriety Court Costs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the continuation of two (2) General Fund/General Purpose Probation Officer I positions (#32205-09904 and 09905) within the Probation Unit of the 52nd District Court, Division I (Novi). BE IT FURTHER RESOLVED that the 52nd District Court, Division I (Novi) will report to the Public Services, Personnel and Finance Committees in June 2003 and December 2003 to provide an update on the program and related revenue generation. Commissioners Minutes Continued. December 12, 2002 593 BE IT FURTHER RESOLVED that continuation of the two positions be contingent upon sufficient revenue to cover the cost of the positions. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Sobriety Court Revenue Projection for Fiscal Year 2003 and Fiscal Year 2004 and Interoffice Memo from Patricia Crane on file in County Clerk’s office. FISCAL NOTE (MISC. #02313) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: 52ND DISTRICT COURT, DIVISION I – FISCAL YEAR 2003 MICHIGAN SOBRIETY COURT CONTINUATION 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 Miscellaneous Resolution #01042, the Board of Commissioners authorized the establishment of two Probation Officer I positions responsible for the case management of offenders participating in the Sobriety Court. These positions were to be funded by the revenue generated by a Sobriety Court fee of $100 per case. 2. These general fund funded positions will sunset on December 31, 2002. 3. To support the continuation of the two Probation Officer I positions in the Drug Court program in a cost effective manner, the Court is proposing to raise the Sobriety Court Fee from $100 to $125, to be imposed on all offenders convicted of drinking and driving related charges, effective January 1, 2003 and ending December 31, 2003. 4. The Sobriety Court Fee assessment is estimated to generate approximately $105,569 of revenue per calendar year (1,000 cases at $125 per case). The cost of the two positions for FY 2003 is $102,630. Revenue may exceed the cost of positions. 5. The cost of the two positions, salary and fringes is $75,000 for the nine months remaining in FY 2003, and $27,630 for the first three months of FY 2004. 6. The following budget amendment is recommended to the FY 2003 and FY 2004 budget: 52-1 District Court (Novi) Fund (101) FY 2003 FY 2004 Revenue 1-32-201100-20006-0296 Assessment Fees $ 75,000 $ 27,630 Expenditures 2-32-205200-20006-2001 Salaries $ 53,154 $ 19,582 2-32-205200-20006-2074 Fringes 21,846 8,048 Total Expenditures $ 75,000 $ 27,630 Net of Revenues and Expenditures $ -0- $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 599.) *MISCELLANEOUS RESOLUTION #02314 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE EMERGENCY RESPONSE AND PREPAREDNESS – 2002 STATE DOMESTIC PREPAREDNESS EQUIPMENT GRANT (SDPEG) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of State Police, Emergency Management Division, has received funding through a federal grant to provide equipment to local governmental agencies for emergency response; and WHEREAS an Oakland County Needs Assessment was conducted for the State in 2001 for future grant funds in accordance with the Michigan Three-Year Domestic Preparedness Strategy; and WHEREAS THE State of Michigan has awarded Oakland County $301,790 for equipment and an additional award of $4,500 for exercises; and Commissioners Minutes Continued. December 12, 2002 594 for the 2002 State Domestic Preparedness Program Grant; and WHEREAS the purpose is to provide funds for the purchase of specialized emergency response equipment and begin an exercise program to enhance the basic defensive capabilities of the County to respond to an incident of domestic terrorism or incident involving weapons of mass destruction; and WHEREAS this grant is one 100% federal pass through funded with no county match; and WHEREAS the grant agreement has been processed through the County Executive Contract Review and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the grant funding from the State of Michigan in the amount of $301,790 for equipment and $4,500 for exercises. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Emergency Response and Preparedness Executive Summary State Domestic Preparedness Equipment Grant 2002 and Contract Review – Emergency Response and Preparedness on file in County Clerk’s office. FISCAL NOTE (MISC. #02314) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: COUNTY EXECUTIVE EMERGENCY RESPONSE AND PREPAREDNESS – 2002 STATE DOMESTIC PREPARDNESS EQUIPMENT GRANT (SDPEG) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. Oakland County conducted a Needs Assessment for the State in 2001 for future grant funds in accordance with the Michigan Three-Year Domestic Preparedness Strategy. 2. The County Executive – Emergency Response and Preparedness Division has been awarded $301,790, for the purchase of specialized equipment and an additional award of $4,500 for exercises. 3. The specialized equipment will enhance the capability of state and local agencies to respond to incident of domestic terrorism or incidents involving weapons of mass destruction. 4. The grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. 5. The Fiscal Year 2003 County Executive-Emergency Preparedness Grant budget should be entered, as specified below, to recognize the revenues and expenses of the State Domestic Preparedness Equipment Grant (SDPEG) Grant Agreement for the period of October 1, 2002 through December 31, 2003 as follows: Revenue 1-11-276-100602-65001-0113 Grants - Federal $306,290 Expense 2-11-276-200602-65001-3712 Training Related $ 4,500 2-11-276-200602-65001-3364 Protective Cloth. & Eq. 148,790 2-11-276-200602-65001-4101 Expend. Equip. Exp. 153,000 $306,290 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 599) Commissioners Minutes Continued. December 12, 2002 595 *MISCELLANEOUS RESOLUTION #02315 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT - 2003 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Automobile Theft Prevention Authority (ATPA) has awarded the Auto Theft Unit of the Oakland County Sheriff’s Department grant funding in the amount of $406,403 for the period January 1, through December 31, 2003, which is $9,515 less than the application amount; and WHEREAS this is the seventeenth (17) year of funding requests to ATPA; and WHEREAS this is the seventeenth (17) year of funding requests to ATPA; and WHEREAS the police departments of Waterford and Pontiac have been included in the grant awarded to Oakland County, while the police departments for Madison Heights and Hazel Park will be requesting their own funding; and WHEREAS Oakland County has been awarded $277,350, with a required $92,450 in County match, the Waterford Police Department has been awarded $72,252, with a required Local Jurisdiction match of $24,084 and the Pontiac Police Department has been awarded $56,801, with a required Local Jurisdiction match of $18,934 for a total program cost of $541,871; and WHEREAS the staffing level is the same as the 2002 program year and no personnel changes were requested with the 2003 grant award with funding covering four (4) Deputy II positions as follows. Position numbers #6108, #6109, #6147 and #6148 located in Division 439 Unit 15 Sheriff Special Teams; and WHEREAS funds are available in the Sheriff's Department Grant Match line-item (#43-023101-10000- 2872) to cover the required county match of $92,450; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been approved through the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2003 Automobile Theft Prevention Authority Grant in the amount of $406,403 ($277,350 - Oakland County Sheriff's Department, $72,252 Waterford Police Department and $56,801 Pontiac Police Department), with a County match of $92,450 and a participating jurisdiction match of $24,804 (Waterford) and $18,934 (Pontiac). BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to sign the grant agreement and to approve grant modifications and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. BE IT FURTHER RESOLVED that the future level of service, including personnel, is contingent upon continued grant funding for this program. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Sheriff’s Department and Oakland County Auto Theft Squad Budget Detail on file in County Clerk’s office. FISCAL NOTE (MISC #02315) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT - 2003 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Automobile Theft Prevention Authority (ATPA) has awarded the Auto Theft Unit of the Oakland County Sheriff’s Department grant funding in the amount of $406,403 for the period January 1, 2003 through December 31, 2003. 2. Oakland County has been awarded $277,350 with a required $92,450 in County match, the Waterford Police Department has been awarded $72,252 with a required $24,084 in Jurisdiction match and the Pontiac Police Department has been awarded $56,801 with a required $18,934 in Jurisdictional match for a total program cost of $541,871. Commissioners Minutes Continued. December 12, 2002 596 3. Funds are available in the Sheriff’s Department Grant Match line item (#43-023101-10000- 2872) to cover the required county match. The County match requirement increased $2,153 from the 2002 Program Year and is available in the Sheriff's grant match budget. No budget appropriation from the General Fund is required. 4. Staffing level is the same as the 2002 program year and no personnel changes were requested with the 2003 grant award. 5. The Waterford Police department will cover its own required match of $24,084. 6. The Pontiac Police Department will cover its own required match of $18,934. 7. The Fiscal Year 2003 Special Revenue Budget should be amended to reflect current year’s grant award, as specified below. FY2003 Fund Dept OCA PCA Object Revenue 272 43 120103 44200 0167 Grant Match $135,468 272 43 120103 44200 0171 Grants-State 406,403 $541,871 Expend 272 43 220103 44200 2001 Salaries $227,367 272 43 220103 44200 2002 OT 17,052 272 43 220103 44200 2074 F.B. 93,981 272 43 220103 44200 2572 Contractual Serv 172,071 272 43 220103 44200 4044 Deputy Supp. 2,492 272 43 220103 44200 6675 Telephone 4,508 272 43 220103 44200 6661 Motor Pool 24,400 $541,871 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 599.) *MISCELLANEOUS RESOLUTION #02316 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT – 2002/2003 SECONDARY ROAD PATROL GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #98246, the Sheriff Department applied to the Michigan Department of State Police - Office of Highway Safety Planning for $1,006,621 in grant funding from Public Act 416 to conduct secondary road patrol activities for the period October 1, 2002 through September 30, 2003; and WHEREAS the Michigan Department of State Police - Office of Highway Safety Planning has awarded Oakland County with a grant in the amount of $1,047,698, which is a 9.83% increase over the 2001/2002 award; and WHEREAS the attached schedule shows the total award contributed by the State is 100% with no County Match requirement; and WHEREAS the staffing level is the same as the 2001/2002 program year and no personnel changes were requested with the 2002/2003 grant award with funding covering eight (8) Deputy II positions (#1539, #2572, #2957, #3114, # 3324, #7327, #7501 and #9191) and two (2) Sergeant positions (#7790 and #9982) located in Division 436 Unit 30; and WHEREAS acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the 2002/2003 Public Act 416 Secondary Road Patrol Grant from the State of Michigan Department of State Police in the amount of $1,047,698. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to sign the grant agreement and to approve grant modifications and extensions, within fifteen (15) percent of the original Commissioners Minutes Continued. December 12, 2002 597 award, consistent with the grant agreement approved. BE IT FURTHER RESOLVED that the future level of service, including personnel, is contingent upon the continued grant funding for this program. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Sheriff’s Department and Sheriff Department Secondary Road Patrol Grant Budget Detail on file in County Clerk’s office. FISCAL NOTE (MISC. #02316 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT- 2002-2003 SECONDARY ROAD PATROL GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of State Police Office of Highway Safety Planning awarded Oakland County a grant in the amount of $1,047,698 for the period October 1, 2002 through September 30, 2003. 2. There is no County match requirement for the 2002-2003 award. 3. Staffing level is the same as the 2001-2002 program year and no personnel changes were requested with the 2002-2003 grant award. 4. The Fiscal Year 2003 Special Revenue Budget should be amended to reflect current year’s grant award, as specified below. FY2003 Fund Dept OCA PCA Object Revenue 272 43 680600 32100 0171 Grants State $1,047,698 Expense 272 43 680601 32100 2001 Salaries $ 595,338 272 43 680601 32100 2002 Overtime 70,000 272 43 680601 32100 2074 F.B. 262,516 272 43 680601 32100 2960 Indirect Cost 24,620 272 43 680601 32100 6660 Radio Comm 13,824 272 43 680601 32100 6661 Motor Pool 81,400 $1,047,698 $ -0- FINANCE COMMITTEE *REPORT BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: REPORT FROM JAIL DIVERSION FOR PERSONS WITH MENTAL ILLNESS TASK FORCE – RECOMMENDATIONS TO REDUCE THE MENTALLY ILL POPULATION IN JAIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above-mentioned report submitted on December 3, 2002, reports with a recommendation to accept it per Miscellaneous Resolution #01008. Chairperson, on behalf of the Public Services Committee, I move acceptance of the above-mentioned report. PUBLIC SERVICES COMMITTEE Copy of Report by Jail Diversion for Persons with Mental Illness Task Force, Shelly Taub and Ann Russell and Miscellaneous Resolution #01008 on file in County Clerk’s office. (The vote for this motion appears on page 599.) Commissioners Minutes Continued. December 12, 2002 598 *MISCELLANEOUS RESOLUTION #02317 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: PROSECUTING ATTORNEY - ACCEPTANCE OF THE 2003 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Automobile Theft Prevention Authority (ATPA) has awarded the Office of the Prosecuting Attorney grant funding in the amount of $238,928 for the period January 1, 2003 through December 31, 2003; and WHEREAS the Automobile Theft Prevention Authority (ATPA) has awarded the Office of the WHEREAS this the fifteenth (15th) year of grant award for this program; and WHEREAS the 2003 award of $238,928 is $10,687 (4.68%) higher than the current award; and WHEREAS the State contribution is $179,196 (75%) and the County contribution is $59,732 (25%); and WHEREAS the grant will continue to fund one (1) SR Assistant Prosecuting Attorney IV (position #41201- 06387) and one (1) SR Assistant Prosecuting Attorney III (position #41201-06113); and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Prosecuting Attorney's Automobile Theft Prevention Authority grant in the total amount of $238,928 (ATPA: $179,196 (75%); County match: $59,732 (25%)) for the period of January 1, 2003 through December 31, 2003. BE IT FURTHER RESOLVED that the continuation of this program, including personnel, is contingent upon continued grant funding. BE IT FURTHER RESOLVED that amendments be made to the Prosecuting Attorney’s grant budget to reflect the changes in the award as detailed in Attachment A. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Automobile Theft Prevention Grant Comparison of 2002 Budget to 2003 Grant Award, Contract Review – Prosecutor’s Office, letter from Valdis Vitols Executive Director and Oakland County Prosecutor’s Anti-auto Theft Program Budget Detail on file in County Clerk’s office. FISCAL NOTE (MISC. #02317) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY - ACCEPTANCE OF THE 2003 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the State of Michigan 2003 Automobile Theft Prevention Authority (ATPA) Grant. 2. The grant award of $238,928 is $10,687 (4.68%) higher than the current award of $228,241 (shown on Attachment A). 3. The State contribution is $179,196 (75%) and the County grant match is $59,732 (25%). 4. Acceptance of this grant does not obligate the County to future commitments and continuation is contingent upon future grant funding. 5. The Prosecutor’s 2003 Automobile Theft Prevention Authority Grant budget will be amended as shown on Attachment A. 6. An additional $2,672 is needed in the Prosecuting Attorney’s general fund grant match line item. Commissioners Minutes Continued. December 12, 2002 599 7. Funds are available in the Witness Fees and Mileage line item. 8. The FY 2003 GF/GP budget be amended as follows: 41-211000-41700-3836 Witness Fees & Mileage ($2,672) 41-211000-41400-2872 Grant Match 2,672 -0- FINANCE COMMITTEE Copy of Attachment A on file in County Clerk’s office. Vote on resolutions on the Consent Agenda: AYES: Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). MISCELLANEOUS RESOLUTION #02318 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES - LEASED VEHICLES - FLEET EXPANSION OF ONE (1) DEPARTMENT OWNED VEHICLE FOR EMERGENCY RESPONSE PERTAINING TO HAZARDOUS MATERIALS 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 terrorist incidents occurring in New York and Pennsylvania and at the Pentagon on September 11, 2001 has caused the County to review the Emergency Response and Preparedness program relationship with the Cities, Villages and Townships (CVTs); and WHEREAS numerous tasks and action steps have been undertaken before and since September 11, 2001 to improve the relationship between the County and the CVTs’ first responders (police, fire, and emergency medical services); and WHEREAS previously Miscellaneous Resolution #02085 provided equipment, projects and other tasks which included the purchase of mass decontamination units and two bio-hazardous trucks to encourage the development of formal mutual aid consortia in the County for improved mutual aid between the first responders; and WHEREAS Emergency Response and Preparedness has requested the addition of one department owned emergency response vehicle to be provided to a local mutual aid group for bioterrorism response; and WHEREAS funding was appropriated to Emergency Response and Preparedness per Miscellaneous Resolution #02085 and for the addition of one (1) department owned emergency response vehicle to be provided to a local mutual aid group for bioterrorism response. Therefore, no additional appropriation is required; 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 increase in fleet for (1) Hazmat department owned vehicle. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. December 12, 2002 600 Moved by Douglas supported by Causey-Mitchell the resolution be adopted. AYES: Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02319 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2002 YEAR-END REPORT AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all accounts have been posted and final adjustments made for Fiscal Year (FY) 2002; and WHEREAS Statement #1 of the Governmental Accounting, Auditing and Financial Reporting Standards requires that encumbrances and appropriations carried-forward be treated as a reserved fund balance at the year-end and that such amounts be re-appropriated in the subsequent year in order to be available for expenditure; and WHEREAS the results of operation after consideration of expenditures, accruals, encumbrances, appropriations carried forward, transfers, adjustments, and closing entries produces a shortfall of resources over total charges as was planned. This is reflected in the attached schedule; and WHEREAS FY 2002 General Fund actual operating revenue fell below budgeted revenue by $5,373,028.10 (note that this figure does not include $19,955,600.99 used from FY 2001 fund balance nor the additional $5,995,532.08 in property tax revenue collected in FY 2002 for use in FY 2003); and WHEREAS FY 2002 General Fund actual operating expenditures and transfers fell below budgeted operating expenditures and transfers by $14,720,756.92, rendering overall operating revenues in excess of expenditures for FY 2002 of $9,347,728.82; and WHEREAS the following reserves have been created: - $47,751,454.88 in property tax revenue collected in FY 2002 for use in FY 2003, (this will be accounted for and treated as a designated fund balance) - $2,252,083.87 for General Fund/General Purpose operations ($1,782,146.19 for General Fund alone) to cover encumbrances and pre-encumbrances obligated through the end of FY 2002, - $621,118 for General Fund/General Purpose operations to cover requested carry forward of unspent FY 2002 appropriations (the carry forward reserve will be accounted for and treated as a designated fund balance), - $24,292.91 to cover long and short term advances - $2,105,886.69 to cover prepaids - $337,195 for payroll and petty cash; and WHEREAS Oakland County and other local governments have appealed a ruling regarding the State Tax Commission’s new rate table calculations for the calculation of personal property taxes for public utilities; a designated fund balance of $9,000,000 has been established to cover potential tax tribunal claims; and WHEREAS pursuant to Miscellaneous Resolution #02043, Oakland County has purchased Peoplesoft Financial and Human Resource software, funds are needed to install and implement this system and therefore a designated fund balance of $5,000,000 has been created to cover the cost of implementation; and WHEREAS subsequent to the events of September 11, 2001, the Administration is reviewing the security of County facilities and operations; a designated fund balance of $4,081,062 has been established to fund anticipated improvements recommended as a result of the study; and WHEREAS Information Technology proposes to implement “Thin Client Computing” which will save computer hardware costs and improve operating efficiency; a designated fund balance of $2,750,000 has been established to fund transition costs; and WHEREAS pursuant to Miscellaneous Resolution #89283, the Board of Commissioners established a Designated Fund for Operational Improvements, which makes available a source of funds departments Commissioners Minutes Continued. December 12, 2002 601 can use to support innovative programs, providing the Board approves the use of the fund balance and the requesting department commits to a pay-back within six (6) years of the original allocation; the designated fund balance of $3,000,000 is restored from current year favorability, resulting from efficiencies achieved due to implementation of approved projects; and WHEREAS various areas of State spending have been reduced and this revenue reduction was recognized in the FY 2003 Adopted Budget; specifically payments for State Revenue Sharing; a designated fund balance in the amount of $2,500,000 has been created in order to offset the affect of the state spending reductions; and WHEREAS the Drain Commissioner wishes to digitize his current hard copy record system so that the records can be more easily maintained, have greater access to the public, and can be integrated with the County's Geographic Information System (GIS); $2,070,000 has been designated to cover this conversion project; and WHEREAS has been created per the agreement with the Road Commission for Oakland County for the Northwestern Highway extension (Miscellaneous Resolution. #02113); and WHEREAS an ongoing analysis reveals current receivables of $2,000,000 due from the State of Michigan which could be in jeopardy as a result of economic conditions and a designated fund balance has been created for a potential loss; and WHEREAS a designated fund balance, in the amount of $1,600,000, has been created in order to meet future capital facility needs of the County; and WHEREAS the rates charged by the Information Technology fund do not include an amount required to replace equipment as it depreciates; $1,000,000 has been designated to begin to build a replacement fund for future information technology needs; and WHEREAS Information Technology and the Health Division are collaborating in an effort to upgrade the technology used by the Health Division in the performance of their public health duties, including the scheduling and reporting of inspections, immunizations, etc. A designated fund balance of $1,000,000 has been created to assist in funding these E-Health operations; and WHEREAS during 2003, every County Department utilizing medical reports and/or records (Health, Human Services, Personnel, Courts, Prosecutor, Sheriff, Community Corrections, Medical Care Facility etc.) will become subject to unfunded mandates imposed by the United States Congress pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPPA). A designated fund balance of $1,000,000 has been created to provide resources necessary to insure compliance by Oakland County government with the HIPPA mandates governing the privacy of electronic transactions and health plans; WHEREAS pursuant to Miscellaneous Resolution. #01315, the Board of Commissioners authorized the creation of a Sheriff's Aviation Unit and the purchase of one (1) helicopter, which has been recognized in the FY 2003 Adopted Budget. A designated fund balance of $873,341 has been established to cover the repayment of the loan for a second helicopter; and WHEREAS Miscellaneous Resolution.#02104 authorized the Drain Commissioner to implement a Watershed Management program for FY 2002 and FY 2003; $624,283 has been set aside in a designated fund balance to cover the cost of this project for FY 2003; and WHEREAS $621,118 of previously budgeted but unspent funds, designated for carry forwards in the General Fund is requested to be appropriated to departments for use (fund #101- general ledger account 9407-079000), as reviewed and recommended by the Department of Management and Budget; and WHEREAS a designated fund balance, in the amount of $500,000, has been created in order to respond to Health Emergencies; and WHEREAS the implementation of the COPS MORE grant, as well as the continued success of the CLEMIS system, has increased the demand for various CLEMIS related projects, such as Computer Aided Dispatch (CAD) and Automated Fingerprint Identification System (AFIS); a designated fund balance of $400,000 has been established to meet the increased service demands; and WHEREAS many departments/divisions will be faced with a need for additional resources to ease the transitions resulting from staff reductions due to retirements and budget reductions. A designated fund balance of $400,000 has been set aside to fund these transition costs; and WHEREAS the State Supreme Court Administrative Office (SCAO) mandated the jurisdiction change and added one (1) judgeship to the County controlled 52nd District Court; the FY 2003 Adopted Budget includes funding from the designated fund balance of $387,707 to cover the cost of the new judge, related staff and operating costs; and Commissioners Minutes Continued. December 12, 2002 602 WHEREAS a designated fund balance in the amount of $333,200 has been established to support the development of a Fire Records Management system; and WHEREAS, pursuant to Miscellaneous Resolution #01270, the Board of Commissioners established an Emergency Response and Preparedness Unit, under the County Executive, to coordinate all emergency related activities; $327,000 has been set aside in a designated fund balance to cover the operational needs of this unit; and WHEREAS a designated fund balance of $255,000 has been created to cover enhancements to the information base of the County's Geographic Information System (GIS); and WHEREAS a $250,000 designated fund balance has been created for the Board of Commissioners to utilize on special projects; and WHEREAS pursuant to Miscellaneous Resolution #01249, the Board of Commissioners authorized the elimination of the separate County Library Fund and required that the remaining balance in that fund, including accrued interest, be transferred to the General Fund. A designated fund balance in the amount of $218,479, reflecting the remaining Library Fund balance and accrued interest, has been included for the Library's use; and WHEREAS the Health Division, Equalization Division and the Purchasing Division are participating in the Cost Reduction Incentive Management Program (CRIMP); a designated fund balance of $198,654 is required to cover payment to these divisions once their annual savings are verified; and WHEREAS Miscellaneous Resolution #00264 required an appropriation of $480,000 per year for three years to cover the enrollment charges related to the Oakland County Senior Citizen Prescription Drug program. A designated fund balance in the amount of $100,000 has been created to cover the FY 2003 appropriation; and WHEREAS counter renovations at the Clerk’s Office would improve customer service and work flow; a designated fund balance of $77,000 has been created; and WHEREAS Purchasing Division wishes to use CRIMP funds of $1,250 to purchase chairs and file storage; and WHEREAS Equalization Division wishes to use CRIMP funds of $36,000 towards the purchase of computers, a plotter and a printer; and WHEREAS donations have been received by the Health Division for $236.25 and the Animal Control Division for $1,295.69 from various sources; and WHEREAS the Finance Committee and subsequently the full Board approved the transfer of $9,620,616 to Community Mental Health Authority and the FY 2003 Adopted Budget was printed in error and therefore needs to be amended; and WHEREAS the printed Adopted Budget for FY 2003 did not accurately reflect the approved amount of General Fund contingency of $342,000 for FY 2003 and $300,000 for FY 2004 and therefore needs to be amended; and WHEREAS Section 25 of the General Appropriations Act requires that the Board of Commissioners receive a quarterly report regarding adjustments made to Inmate Accounts on transactions billed in excess of ability to pay, as well as approve the write-off of any bad debt in excess of $1,000; and WHEREAS with the Year End Report, the Department of Management and Budget requests the write-off of $343,343.00 in unpaid debt for 1998 Health Cost sharing; and WHEREAS also with the Year End Report, the Department of Management and Budget requests the write-off of $1,150.00 in unpaid debt for services provided by the Medical Care Facility to a patient that has since expired; and WHEREAS the Department of Management and Budget attempted several methods to collect these debts; and WHEREAS in accordance with Governmental Accounting Standards Board (GASB) Statement #34, proprietary fund assets which are not available for expenditure require restriction. In the Delinquent Tax Revolving Fund (DTRF), receivables of $80 million from local units of governments and school district require restriction under this guidance. The Board of Commissioners can legally restrict these funds for this purpose. NOW THEREFORE BE IT RESOLVED that the report of operations for Fiscal Year 2002, is accepted and the results of operations by line-item after inclusion of expenditures, accruals, encumbrances, appropriations carried-forward, transfers, adjustments, and closing entries is approved. Commissioners Minutes Continued. December 12, 2002 603 BE IT FURTHER RESOLVED in accordance with Section 25 of the General Appropriations Act, the Board of Commissioners approves the write-off of the debt in the amount of $343,343.00 for 1998 Health Cost Sharing and Medical Care Facility debt of $1,150. BE IT FURTHER RESOLVED that the Delinquent Tax Revolving Fund record $80 million as Restricted Net Assets. BE IT FURTHER RESOLVED that various line items in the FY 2003 General Fund / General Purpose Budgets be amended to include $2,252,083.87 for outstanding purchase orders as detailed in the attached schedules. BE IT FURTHER RESOLVED adjustments to the fund balance be approved as follows: Balance Before Adjustments (result of FY 2002 activity) $ (4,612,340.09) (Note that this is the result of $5,995,532.08 in deferred tax revenue, offset by actual FY 2002 activity equaling $1,383,191.99) Add to General Fund Balance: Repayment of Advance for Long Lake 11,000.00 Bunny Run 8,662.35 Long Term Advance 30,000.00 Prior Years Encumbrances 1,232,461.12 Oakland County Library 71,521.00 Emergency Response and Preparedness 673,000.00 Financial System 3,000,000.00 Health Satellite Centers 150,000.00 CRIMP 346.00 Cafeteria Replacement Equipment 400,000.00 GIS 100,000.00 Future Technology Replacement 3,000,000.00 Mainland Drain Reconstruction 1,800,000.00 Insurance Premiums 750,000.00 Clerk Records Conversion 1,086,200.00 Drain Lake Level SCADA Pilot 200,000.00 Capital Improvement Reserve 6,900,000.00 Security Enhancements 918,938.00 Address Standards 500,000.00 Community Corrections - GPS 500,000.00 Drain Records Conversion 2,930,000.00 Helicopter 1,126,659.00 E-Oakland 1,500,000.00 Senior Citizens Prescriptions 380,000.00 District Court Judge 12,293.00 Airport Grant Match 666,800.00 Indirect Cost 743,900.00 Adjusted Total Including Additions $ 24,079,440.38 Deduct from General Undesignated Fund Balance: Increase in Petty Cash ($ 10,570.00) Increase in Prepaids ( 2,074,579.87) Increase in reserve for Property Taxes ( 5,995,532.08) CLEMIS Match ( 100,000.00) Succession Planning/Transition ( 200,000.00) Fire Records Management ( 83,200.00) Tax Tribunal Appeals ( 1,500,000.00) Carry Forwards ( 289,218.00) Clerk Counter Renovations ( 77,000.00) IT Thin Client ( 2,750,000.00) HIPAA ( 1,000,000.00) State Receivable Adjustment ( 2,000,000.00) Commissioners Minutes Continued. December 12, 2002 604 Financial/HR Upgrade ( 5,000,000.00) Health Emergency Response ( 500,000.00) Watershed Management ( 624,283.00) Northwestern Highway Settlement ( 2,000,000.00) Adjusted Total Including Additions/Subtractions ($ 124,942.57) Undesignated Fund Balance At Beginning of Year $ 207,312.24 Undesignated Fund Balance At the End of Year $ 82,369.67 BE IT FURTHER RESOLVED that the uncollectable debts, as recommended by the Department of Management and Budget, and as listed on the attached schedules, are authorized to be written off. BE IT FURTHER RESOLVED that CRIMP funds from the FY 2003 Designated Fund Balance be appropriated: $36,000 to Equalization Division to purchase computer equipment and $1,250 to Purchasing Division to purchase chairs and files and $83,963 in Health Division for office equipment and renovations at Health South and Health North offices. GENERAL FUND Revenue 90-190000-14000-1582 Prior Years Balance $ 121,213 Expenditure 16-201200-33100-2448 Budgeted Projects $ 3,963 12-340000-10001-8001 Equalization Transfer to IT $ 36,000 12-401200-40010-4100 Purchasing – Expend Equip. $ 1,250 $ 121,213 IT Fund 18-636113-15000-1701 Transfer in $ 36,000 18-636142-15000-3900 Depreciation $ 7,200 Change in Fund Equity $ 28,800 BE IT FURTHER RESOLVED that $200,000 from the FY 2003 Designated Fund Balance for HIPAA be appropriated in the General Fund for transfer to Information Technology to begin preliminary development of the HIPAA project ensuring privacy of health records. GENERAL FUND Revenue 90-190000-14000-1582 Prior Years Balance $ 200,000 Expenditure 90-310000-40000-8001 Non Dept Transfer to IT $ 200,000 $ -0- IT Fund 18-636113-10000-1701 Transfer in $ 200,000 18-636122-15000-3348 Professional Services $ 200,000 Change in Fund Equity $ -0- BE IT FURTHER RESOLVED that $2,000,000 from the FY 2003 Designated Fund Balance, as authorized per Miscellaneous Resolution #02113 for the Northwestern Highway extension, and based on agreement with the Road Commission for Oakland County, be appropriated in the General Fund as specified below (release of these funds is contingent upon the assurance of guaranteed funding by the Michigan Department of Transportation for $30 million, Road Commission for Oakland County for $5 million, and the State of Michigan for $3 million): GENERAL FUND Revenue 90-190000-14000-1582 Prior Years Balance ($ 2,000,000) Expenditure 90-210000-37000-8003 Transfer to Component/Road Comm 2,000,000 $ -0- BE IT FURTHER RESOLVED the FY 2003 Budget be amended to show correct appropriation to Community Mental Health Authority, non-departmental professional services, General Fund contingency and Budget Target as approved by Finance Committee: GENERAL FUND Commissioners Minutes Continued. December 12, 2002 605 Expenditure 90-210000-30500-3348 Professional Services ($ 341,114) 90-210000-30500-8003 Transfer to Component Unit-CMHA 341,114 90-290000-25000-2564 Contingency ($ 419,734) 90-290000-25000-9006 Budget Target 419,734 $ -0- BE IT FURTHER RESOLVED that $77,000 from the FY 2003 Designated Fund Balance for Clerk counter renovations be appropriated, as specified below, to increase efficiency and work flow: GENERAL FUND Revenue 90-190000-14000-1582 Prior Years Balance $ 77,000 Expenditure 21-320500-40000-8001 Clerk–Trf Out/Project Work Fund $ 77,000 $ -0- Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of County of Oakland Fiscal Year 2002 Year End Report on file in County Clerk’s office. Moved by Douglas supported by Melton the resolution be adopted. Discussion followed. Vote on resolution: AYES: Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. Chairperson Thomas Law thanked Commissioner Sue Ann Douglas for her years of dedicated service as Chairperson of the Finance Committee. MISCELLANEOUS RESOLUTION #02320 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - RENEWAL OF THE INTER- GOVERNMENTAL CONTRACT BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Health Division, Office of Substance Abuse Services, coordinates substance abuse services in Oakland County under a contract with the Michigan Department of Community Health (MDCH); and WHEREAS MDCH and the Oakland County Community Mental Health Authority (OCCMHA) have entered into a contract to provide substance abuse services to Medicaid recipients; and WHEREAS an Inter-Governmental Contract between the County of Oakland and the Oakland County Community Mental Health Authority was negotiated for the Health Division by Corporation Counsel and the Department of Human Services; and WHEREAS the Oakland County Health Division has been providing substance abuse services to Medicaid recipients and is willing to continue this service subject to the terms and conditions outlined in the ongoing inter-governmental agreement; and WHEREAS Oakland County Health Division, as the designated Coordinating Agency for Oakland County, continues to have the capacity to administer Medicaid funds and to deliver services through a treatment network of substance abuse providers; and Commissioners Minutes Continued. December 12, 2002 606 WHEREAS the Inter-Governmental Contract covers the period October 1, 2002, to September 30, 2003; and WHEREAS the Contract calls for OCCMHA to pay to Oakland County $136,226.30 per month for the term of the agreement, for a total of $1,634,715.60; and WHEREAS acceptance of these funds does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the funds as specified in the Inter-Governmental Contract between the County of Oakland and the Oakland County Community Mental Health Authority in the amount of $1,634,715.60, effective October 1, 2002, through September 30, 2003. BE IT FURTHER RESOLVED that services associated with this contract be contingent upon continued funding at a level sufficient to maintain the services. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the agreement and approve changes and extensions not to exceed fifteen percent (15%) which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Inter-Governmental Contract between the County of Oakland and the Oakland County Community Mental Health Authority on file in County Clerk’s office. FISCAL NOTE (MISC. #02320) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – RENEWAL OF THE INTER- GOVERNMENTAL CONTRACT BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Oakland County Health Division, Office of Substance Abuse Services, coordinates substance abuse services in Oakland County under a contract with the Michigan Department of Community Health (MDCH). 2. The Michigan Department of Community Health (MDCH) and the Oakland County Community Mental Health Authority (OCCMHA) have entered into a contract to provide substance abuse services to Medicaid recipients. 3. The Inter-Governmental contract covers the period from October 1, 2002 to September 30, 2003. 4. This contract requires OCCMHA to pay Oakland County $136,226.30 per month for the term of the agreement, for a total of $1,634,715.60. 5. Funding relating to the acceptance of this agreement has been included in the Fiscal Year 2003 budget, no budget amendments are required. FINANCE COMMITTEE Moved by Patterson supported by Appel the resolution be adopted. AYES: Crawford, Dingeldey, Douglas, Galloway, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey-Mitchell. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. Commissioners Minutes Continued. December 12, 2002 607 REPORT (MISC. #02321) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADJUSTMENTS TO THE HEALTH DIVISION FEE SCHEDULE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-titled resolution on December 5, 2002, hereby recommends that the PROPOSED FEE SCHEDULE be amended to strike the two references to Onsite Sewerage System Fees, Public/Commercial. Further the Finance Committee requests that the Health Division return within 90 days to the appropriate committees to provide a recommendation on the fees for Onsite Sewerage System Fees, Public/Commercial. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #02321 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADJUSTMENTS TO THE HEALTH DIVISION FEE SCHEDULE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Health Division has reviewed the fee schedule for certain personal health and environmental health services; and WHEREAS these fees have not been adjusted since 1993; and WHEREAS it is indicated certain fees should be adjusted upward at this time; and WHEREAS certain other fees are recommended to be established; and WHEREAS certain environmental health activities benefit the individual person or firm being regulated as well as the public; and WHEREAS a percentage of benefit as established by the Board of Commissioners (Miscellaneous Resolution #82369) has been applied to these fees; and WHEREAS the fees being recommended for adjustment are listed on the attached schedule; and WHEREAS an Oakland County resident seeking personal health care is never denied service based on the inability to pay. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Health Division fee schedule, as detailed on the attached schedules, effective immediately. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Health Division Proposed Fee Schedule December 2002 on file in County Clerk’s office. FISCAL NOTE (MISC #02321) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – ADJUSTMENTS TO THE HEALTH DIVISION FEE SCHEDULE 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 Health Division’s fees have not been adjusted since 1993 and a modification in the fee schedule is requested. 2. The recommended fee adjustments for certain personal health and environmental health services are listed per the attached detail. 3. It is requested that the fee schedule be effective immediately. Commissioners Minutes Continued. December 12, 2002 608 4. The following amendment to the FY2003/04 Adopted Budget is recommended: FY2003/2004 Amendment Revenue 1-221-220100-62200-0745 On-Site Sew.Permits $ 59,857 1-221-220100-64100-1125 Water Sample Tests 22,407 1-221-220100-64400-0827 Pub. Swim. Pools-State 22,407 1-221-220100-62400-0745 On-Site Sew.Permits 700 1-221-220100-67000-0648 Licenses 10 1-221-220100-66600-0648 Licenses 135 1-221-220100-61100-0525 Food Svs. License 56,915 1-221-220100-61100-0461 Education Fees 42,000 1-221-234100-54100-0517 Flu Vaccine Fees 64,000 1-221-234100-54100-0791 Pneumo-Vax 456 1-221-234100-54110-0561 Hepatitis Vaccine 10,520 1-221-234100-54100-0363 Clinic Charges 59,368 1-221-233100-45000-0727 Nutrition Internship 715 $339,490 Expenditure 2-90-290000-25000-9006 Budget Task 339,490 $ -0- FINANCE COMMITTEE Moved by Patterson supported by McPherson the resolution be adopted. Moved by Patterson supported by McPherson the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by McPherson the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: Dingeldey, Douglas, Galloway, Gregory, Law, McPherson, Melton, Middleton, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey-Mitchell, Crawford. (20) NAYS: Moffitt. (1) A sufficient majority having voted therefore, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #02322 BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE PERSONNEL/HUMAN RESOURCES - SALARY ADMINISTRATION FIRST QUARTERLY REPORT FOR FISCAL YEAR 2003 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 First Quarterly Report for FY2003 identifies the reviews completed and the salary grade changes recommended by the Personnel Department after completion of this review process; and WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from Salary Administration Quarterly Report recommendations. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes Commissioners Minutes Continued. December 12, 2002 609 implementation of the Salary Administration First Quarterly Report for FY 2003, which includes the following salary grade change: Salary Grade Classification From: To: Location-Position Contract Coordinator 10 11 43201-09629 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Salary Administration First Quarterly Report for Fiscal Year 2003 on file in County Clerk’s office. FISCAL NOTE (MISC. #02322) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL/HUMAN RESOURCES – SALARY ADMINISTRATION FIRST QUARTERLY REPORT FOR FISCAL YEAR 2003 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 Personnel Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1-21. 2. The annual cost of the recommended salary grade changes for General Fund/General Purpose positions is $3,300 for FY 2004. The impact on the remainder of FY 2003 is $2,538. 3. Funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from the Salary Administration Quarterly Report recommendations for general fund/general purpose positions. 4. A budget amendment is recommended for FY 2003 and FY 2004 as follows: Dept-OCA-PCA-Object Description FY 2003 FY 2004 Non-Departmental 90-290000-25000-9021 Class. Rate Change ($2,538) ($3,300) Sheriff 43-023201-10000-2001 Salaries $2,011 $2,615 43-023201-10000-2075 Fringe Benefits $ 527 $ 685 $2,538 $3,300 TOTAL GF/GP $ -0- $ -0- FINANCE COMMITTEE Moved by Dingeldey and Galloway supported by Buckley the resolution be adopted. AYES: Galloway, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey. (20) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. Commissioners Minutes Continued. December 12, 2002 610 MISCELLANEOUS RESOLUTION #02323 BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: PERSONNEL DEPARTMENT - THREE YEAR EXTENSION OF CONTRACT WITH TOTAL EMPLOYEE ASSISTANCE AND MANAGEMENT, INC. (T.E.A.M.) To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS Oakland County has utilized Total Employee Assistance & Management, Inc. (T.E.A.M.) to provide employee assistance services to the County’s full-time and part-time eligible employees since January 1, 2000; and WHEREAS T.E.A.M. has provided this service for the past two years with no increase in cost to the County; and WHEREAS T.E.A.M. has consistently provided these services to employees with 93% to 99% of all cases handled within T.E.A.M.; and WHEREAS the continuity of this service to the employees is particularly important at this time; and WHEREAS the Purchasing Division has reviewed this contract extension and agrees that it is acceptable. NOW THEREFORE BE IT RESOLVED that the attached contract with T.E.A.M. Employee Assistance be extended for three years for the period of January 1, 2003, through December 31, 2005, at a 4% increase per year. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Professional Services Contract between Total Employee Assistance and Management, Inc. and Oakland County Government on file in County Clerk’s office. FISCAL NOTE (MISC. #02323) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT – THREE YEAR EXTENSION OF CONTRACT WITH TOTAL EMPLOYEE ASSISTANCE AND MANAGEMENT, INC. (T.E.A.M.) 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. Oakland County has utilized Total Employee Assistance & Management, Inc. (T.E.A.M.) to provide employee assistance services to the County’s full-time and part-time eligible employees. 2. The contract with T.E.A.M. Employee Assistance is extended for three (3) years for a period from January 1, 2003, through December 31, 2005, at a four percent (4%) increase per year. 3. The Purchasing Division has reviewed this contract extension and agrees that it is acceptable. 4. Funds are available in the Fringe Benefit Fund to cover the costs needed for FY 2003, FY 2004 and FY 2005. No budget amendment is required. FINANCE COMMITTEE Moved by Dingeldey and Galloway supported by Melton the resolution be adopted. AYES: Galloway, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. Commissioner Nancy Dingeldey thanked the board for the opportunity to serve as Chairperson of the Personnel Committee. Commissioners Minutes Continued. December 12, 2002 611 MISCELLANEOUS RESOLUTION #02324 By: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER – WATKINS LAKE LEVEL AND AUGMENTATION WELL PROJECT To the Oakland County Board of Commissioner Chairperson, Ladies and Gentlemen: WHEREAS the procedures for establishing the normal level of an inland lake and the powers and duties of the delegated county authority are found in Part 307 of Act 451 of the Public Acts of 1994, as amended, MCL 324.30701 et seq., (“Part 307”); and WHEREAS pursuant to Part 307 the Drain Commissioner is the delegated county authority, responsible for maintaining the normal level as established by the circuit court for Watkins Lake, located in the Charter Township of Waterford, Oakland County, Michigan; and WHEREAS Watkins Lake presently has a normal level and a special assessment district for the operation and maintenance of a dam by the Drain Commissioner; and WHEREAS the present court order does not provide a winter level; and WHEREAS Section 30707(5) of Part 307 provides that the circuit court may determine that the normal level vary seasonally (Section 324.30707(5)); and WHEREAS the Drain Commissioner has historically utilized a winter lake for Watkins Lake to avoid flooding following the winter season; and WHEREAS the Drain Commissioner was presented with a petition from 2/3 of the property owners abutting Watkins Lake requesting that a "winter" level be established consistent with the level utilized by the Drain Commissioner; and that the Drain Commissioner proceed with constructing a new augmentation well for maintaining the normal level for Watkins Lake. The Drain Commissioner has certified these petitions to be adequate; and WHEREAS Section 30702 of Part 307 (MCL 324.30702) provides that the County Board of Commissioners shall within 45 days of receipt of a petition from 2/3 of the owners abutting an inland lake, initiate action to take the necessary steps to have a normal level of an inland lake determined by the circuit court; and WHEREAS Part 307 provides that all costs associated with the establishing a winter level and augmentation well project shall be assessed as a cost to all benefiting property owners within the special assessment district for Watkins Lake. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby acknowledges receipt of the petition for the establishment of a winter level and construction of an augmentation well project for Watkins Lake and BE IT FURTHER RESOLVED that Corporation Counsel shall initiate proceedings in the Circuit Court for a determination of a "winter" level for Watkins Lake and the construction of an augmentation well consistent with the provisions of Part 307. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #02324 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – WATKINS LAKE LEVEL AUGMENTATION WELL PROJECT 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. Procedures for establishing the normal level of an inland lake and the powers and duties of the delegated county authority are found in Part 307 of Act 451 of the Public Acts of 1994, as amended, MCL 324.30701 et seq., (" 307"). 2. The Oakland Drain Commissioner was presented with a petition from 2/3 of the property owners abutting Watkins Lake, requesting that a "winter" level be established consistent with the level utilized by the Drain Commissioner. 3. The petition requests the Drain Commissioner proceed with construction a new augmentation well for maintaining the normal level for Watkins Lake. Commissioners Minutes Continued. December 12, 2002 612 4. Section 30702 of Part 307 (MCL 324.30702) provides that the County Board of Commissioners shall within 45 days of the receipt of a petition from 2/3 of the owners abutting an inland lake level, initiate action to take the necessary steps to have normal level of an inland lake determined by the circuit court. 5. All costs associated with the establishing a winter level and augmentation well project shall be assessed as a cost to all benefiting property owners within the special assessment district for Watkins Lake. 6. The Board of Commissioners shall acknowledge the receipt of the petition for the establishment of a winter level and construction of an augmentation well project for Watkins Lake. Also, to authorize Corporation Council to initiate proceedings in the Circuit Court for a determination of the project. 7. There are no fiscal implications with this item at this time. Therefore, no budget amendment is required. 8. Passage of the resolution is contingent upon fulfillment of the obligation to escrow $10,000 at the Drain Commissioner's Office to begin the process. FINANCE COMMITTEE Moved by Palmer supported by Brian the resolution be adopted. AYES: Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02325 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY AND HOME IMPROVEMENT DIVISION – FISCAL YEAR 2002 HOUSING COUNSELING GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the U.S. Department of Housing and Urban Development (HUD) has awarded the Department of Community and Economic Development – Community and Home Improvement Division federal housing counseling grant funding in the amount of $20,281 for the 2002 federal fiscal year; and WHEREAS this is the 8th year of the grant; and WHEREAS the grant award of $20,281 represents a 18.88% variance from the application of $25,000, and an increase of $6,739 from last year’s award of $13,542; and WHEREAS the grant provides a full range of housing counseling services, information and assistance to housing consumers in improving their housing conditions and meeting the responsibilities of home ownership and tenancy including information for first time buyers, pre-occupancy, rental delinquency and mortgage default assistance, Home Equity Conversion Mortgage Program, home improvement and rehabilitation resources, displacement and relocation resources and pre-foreclosure assistance; and WHEREAS the County intends to use the grant to supplement Community Development Block Grant personnel funds allocated to deliver housing counseling services county-wide in accordance with the Federal Comprehensive Housing Counseling Program guidelines; and WHEREAS no County funding is required for this grant continuation; and WHEREAS this grant has been reviewed and approved through the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners accepts the FY 2002 Housing Counseling Grant in the amount of $20,281. BE IT FURTHER RESOVLED that future level of service, including personnel, will be contingent upon the level of funding available for this program. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Commissioners Minutes Continued. December 12, 2002 613 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize the Board’s Chairperson and the County Executive to execute the grant agreement and attached addendum and to approve amendments and extensions up to a fifteen (15) percent variance from the award. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Contract Review – Community and Home Improvement and Addendum to Housing Counseling Grant FY 2002 on file in County Clerk’s office. FISCAL NOTE (MISC. #02325) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT – COMMUNITY AND HOME IMPROVEMENT DIVISION – FISCAL YEAR 2002 HOUSING COUNSELING GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The U.S. Department of Housing and Urban Development has awarded federal FY 2002 Housing Counseling Grant funding in the amount of $20,281 to the Community & Home Improvement Division. 2. The grant will supplement Community Development Block Grant funds allocated to deliver housing counseling services in accordance with Federal Comprehensive Housing Counseling Program guidelines. 3. This is the eighth (8th) year of the grant. 4. The funding period is from October 1, 2002 through September 30, 2003. 5. The award is $4,719 less than the application amount of $25,000 and $6,739 more than the FY 2001 award of $13,542. 6. No County match is required for this grant continuation. 7. An amendment to the Community and Home Improvement Division’s FY 2003 Special Revenue Fund Budget is recommended as follows: Revenue 19-702400-60006-0113 Grants – Federal $20,281 Expenditure 19-702401-60006-2001 Salaries 20,281 $ -0- FINANCE COMMITTEE Moved by Palmer supported by Sever the resolution be adopted. AYES: Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway, Gregory. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #02287) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS/DARE, INTERNET AND DRUG AWARENESS AND EQUIPMENT FOR THE RANGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-titled resolution on December 5, 2002, hereby recommends that the resolution be amended to insert a BE IT FURTHER RESOLVED as follows: Commissioners Minutes Continued. December 12, 2002 614 BE IT FURTHER RESOLVED that future maintenance, repairs and replacement costs associated with the Certificate Machine for DARE be paid for by the Sheriff's Department Law Enforcement Enhancement Account. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #02287 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS/DARE, INTERNET AND DRUG AWARENESS AND EQUIPMENT FOR THE RANGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $550,437.12 (balance as of 9/30/02) as a result of Sheriff Department forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for educational supplies for Dare, Internet/Drug Awareness as listed below: Internet & Drug Awareness Program- Coloring Books, Crayons, Pencils, Brochures, Other supplies $25,000; Certificate Machine for DARE $ 8,750; and WHEREAS Miscellaneous Resolution #02011 authorized the Sheriff to purchase a simulated firing range and an additional $8,100 will be necessary in order to complete the project; and WHEREAS these supplies and equipment will be used by the Sheriff Department to enhance law enforcement efforts in compliance with state law. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $41,850 from the Sheriff Department Law Enforcement Enhancement Account (#101-43-223101- 20001-2853-60053) to purchase the equipment and supplies listed above. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #02287) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS/ DARE, INTERNET AND DRUG AWARENESS AND EQUIPMENT FOR THE RANGE 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. Funds in the amount of $550,437.12 are available in the Sheriff’s Law Enforcement Account as of 09/30/02. 2. The Sheriff is requesting $33,750 of these funds be used to pay for educational supplies for Dare,Internet/Drug Awareness activities. Supplies include but are not limited to coloring books, crayons, pencils, brochures and other supplies. These purchases are being made to enhance law enforcement efforts in compliance with state law for use of these funds. 3. The Sheriff is also requesting that an additional amount of $8,100 is necessary to complete the purchase of a simulated firing range. Miscellaneous Resolution #02011 originally authorized the purchase of a simulated firing range. These purchases are being made to enhance law enforcement efforts in compliance with state law for use of these funds. 4. Funds are held in General Ledger Account 101-43-013101-10000-2203-60053. A budget amendment to the FY 2003 budget is recommended as follows: Commissioners Minutes Continued. December 12, 2002 615 Dept OCA PCA Object FY2003 Revenue 43 013101 10000 1568 Enhancement Revenue $33,750 43 013201 10000 1568 Enhancement Revenue 8,100 $41,850 Expenditure 43 023101 10000 4886 Educational Supplies $25,000 43 023101 10000 9157 Equipment 8,750 43 023201 10000 9157 Equipment 8,100 $41,840 FINANCE COMMITTEE Moved by Crawford supported by Brian the resolution be adopted. Moved by Crawford supported by Brian the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Crawford supported by Melton the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway, Gregory, Law. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #02326 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: STATE OF MICHIGAN CHILD SUPPORT ENFORCEMENT SYSTEM (MICSES) MEMORANDUM OF UNDERSTANDING – CONVERSION TO MICHIGAN CHILD SUPPORT ENFORCEMENT SYSTEM 2.4 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency (FIA) is charged with administrating Child Support Enforcement and is responsible for the development, implementation and support of the application called Michigan Child Support Enforcement System (MICSES); and WHEREAS Miscellaneous Resolution #01043 authorized the Chairperson of the Oakland County Board of Commissioners to sign the Memorandum of Understanding on behalf of the Board of Commissioners which resulted in the implementation of the MICSES in Oakland County; and WHEREAS in order to obtain federal certification of MICSES and avoid approximately $142 million in penalties, Michigan must deploy MICSES version 2.4 statewide by September 30, 2003; and WHEREAS in order to meet the September 30, 2003 deadline the State of Michigan must obtain signed Memorandums of Understanding from each county’s Chief Judge of the Circuit Court and Board of Commissioners; and WHEREAS the Memorandum of Understanding is being reviewed by Oakland County’s Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to sign a Memorandum of Understanding for converting to MICSES version Commissioners Minutes Continued. December 12, 2002 616 2.4, with the Family Independence Agency when agreed to by representatives of the County Executive, the Sixth Judicial Circuit Court, and the Board of Commissioners. Chairperson, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Memos from Chief Justice Corrigan and Judith K. Cunningham on file in County Clerk’s office. FISCAL NOTE (MISC. #02326) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: STATE OF MICHIGAN CHILD SUPPORT ENFORCEMENT SYSTEM (MICSES) MEMORANDUM OF UNDERSTANDING – CONVERSION TO MICHIGAN CHILD SUPPORT ENFORCEMENT SYSTEM 2.4 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. In order to obtain federal certification of MICSES and avoid approximately $142 million in penalties, Michigan must deploy MICSES version 2.4 statewide by September 30, 2003. 2. In order to meet the September 30, 2003 deadline the State of Michigan must obtain signed Memorandums of Understanding from each county’s Chief Judge of the Circuit Court and Board of Commissioners. 3. There are no financial implications with this action therefore no budget amendments are required. FINANCE COMMITTEE Moved by Crawford supported by Sever the resolution be adopted. AYES: Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway, Gregory, Law, McPherson. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #02327) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS FOR ARMORED VEHICLE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-titled resolution on December 5, 2002, hereby recommends that the resolution be amended to insert two BE IT FURTHER RESOLVED paragraphs as follows: BE IT FURTHER RESOLVED that any future costs for maintenance, repair or replacement of this new armored vehicle be paid for by the Sheriff's Department Law Enforcement Enhancement Account. BE IT FURTHER RESOLVED that any future costs for maintenance, and repair associated with the existing Dragoon be paid for by the Sheriff's Department Law Enforcement Enhancement Account with prior authorization by the Board of Commissioners. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. Commissioners Minutes Continued. December 12, 2002 617 MISCELLANEOUS RESOLUTION #02327 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS FOR ARMORED VEHICLE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $537,052.12 (balance as of 9/30/02) as a result of Sheriff Department forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to purchase an armored vehicle with a ramp system for the Special Response Team (SRT), for use within the department; and WHEREAS this vehicle will be used by the Sheriff Department to enhance law enforcement efforts in compliance with state law; and WHEREAS the estimated capital costs are $355,000 as described on Schedule A; and WHEREAS Miscellaneous Resolution #02011 authorized the use of $80,000 for a liberator MARS ramp system which has not been purchased at this time; and WHEREAS this vehicle will be used in place of the Liberator MARS ramp system, therefore bringing the necessary costs from the forfeiture funds to $275,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $275,000 from the Sheriff’s Department Law Enforcement Enhancement Account (#101-43- 223101-20001-2853-60053) to purchase an armored vehicle for the Sheriff Special Response Team. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Sheriff Department Use of Forfeited Funds December, 2002 – Armored Tactical Vehicle on file in County Clerk’s office. FISCAL NOTE (MISC. #02327) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS FOR ARMORED VEHICLE 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. Funds in the amount of $550,437.12 are available in the Sheriff’s Law Enforcement Account as of 09/30/02. 2. The Sheriff is requesting to purchase an armored vehicle with a ramp system for the Special Response Team (SRT) at a total cost of $355,000. Miscellaneous Resolution #02011 authorized the purchase of a liberator MARS ramp system ($80,000) that has not been purchased at this time. Funds have been carried forward into FY 2003 budget to purchase this item. 3. Additional Forfeited Funds in the amount of $275,000 are requested to purchase the armored vehicle for the Special Response Team (SRT). These purchases are being made to enhance law enforcement efforts in compliance with state law for use of these funds. 4. Funds are held in General Ledger Account 101-43-013101-10000-2203-60053. A budget amendment to the FY 2003 budget is recommended as follows: DEPT OCA PCA Object FY 2003 Revenue 43 013601 20000 1568 Enhancement Revenue $275,000 $275,000 Commissioners Minutes Continued. December 12, 2002 618 Expenditure 43 023601 20000 9157 Equipment $275,000 $275,000 $ -0- FINANCE COMMITTEE Moved by Crawford supported by Buckley the resolution be adopted. Moved by Crawford supported by Buckley the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Crawford supported by Moffitt the resolution be amended in the second WHEREAS paragraph to read as follows: WHEREAS the courts have distributed $537,052.12 $550,437.12 (balance as of 09/30/02) as a result of Sheriff Department forfeiture efforts; and A sufficient majority having voted therefore, the amendment carried. Moved by Crawford supported by Galloway the resolution be amended to coincide with the recommendation in the Finance Committee Report and the amendment made by Commissioner Crawford. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway, Gregory, Law, McPherson, Melton. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. Chairperson Thomas Law along with Vice Chairperson David Moffitt presented the following Commissioners with a plaque recognizing them for their distinguished and dedicated service as Commissioners of Oakland County: Fran Amos, 8 years; Michelle Friedman Appel, 4 years; William Brian, 2 years; David Buckley, 3 years; Brenda Causey-Mitchell, 4 years; Nancy Dingeldey, 10 years; David Galloway, 4 years; John Garfield, 10 years; Ruel McPherson, 20 years; Tim Melton, 4 years; Terry Sever, 4 years; and Shelly Taub with 10 years of service. In accordance with Rule XII.G, the Chairperson made the following referrals: GENERAL GOVERNMENT COMMITTEE a. Letter from LDMI Telecommunications – Request Board of Commissioners to Oppose SBC Ameritech Request for Long Distance Authority in Michigan. The Board adjourned at 11:20 a.m. to the call of the Chair or January 9, 2003, at 5:30 p.m. G. WILLIAM CADDELL THOMAS A.LAW Clerk Chairperson