HomeMy WebLinkAboutMinutes - 2003.03.06 - 832250
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 6, 2003
Meeting called to order by Chairperson Thomas Law at 10:31 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian,
Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter,
Rogers, Scott, Suarez, Webster, Zack. (24)
ABSENT: None. (0)
Quorum present.
Invocation given by Mattie McKinney Hatchett.
Pledge of Allegiance to the Flag.
Moved by Long supported by Suarez the minutes of the February 13, 2003, Board Meeting be approved.
A sufficient majority having voted therefore, the minutes were approved as printed.
Moved by Webster supported by Rogers the rules be suspended and the agenda be amended, as
follows:
ITEMS NOT ON PRINTED AGENDA
FINANCE COMMITTEE
j. Board of Commissioners – Proposed City of Pleasant Ridge Downtown Development Authority
Expansion.
(Reason for suspension for Finance Committee, item j: Waiver of Rule III – Finance Committee meeting
held immediately prior to today’s Board Meeting.)
GENERAL GOVERNMENT COMMITTEE
j. Board of Commissioners – Award of Professional Services Contract for Government Relations
Consulting Firm to Strategic Public Affairs, LLC.
(Reason for suspension for General Government Committee, item j: Waiver of Rule XII.C. – Finance
Committee meeting held immediately prior to today’s Board Meeting.)
Discussion followed.
Commissioners Minutes Continued. March 6, 2003
51
Vote on agenda, as amended:
AYES: Crawford, Jamian, Knollenberg, Law, Long, Middleton, Moffitt, Moss, Palmer, Patterson,
Potter, Rogers, Webster, Bullard. (14)
NAYS: Coleman, Coulter, Douglas, Gregory, Hatchett, Kowall, McMillin, Scott, Suarez, Zack.
(10)
A sufficient majority having voted therefore, the motion to suspend the rules and amend the agenda
carried.
Chairperson Thomas A. Law, Commissioners Peter Webster, Charles Moss, David Moffitt, and Bill
Bullard, Jr. presented a proclamation to Judge Alice Gilbert for her many years of service and leadership
in Oakland County.
Ellen Thomerson addressed the board with a presentation to kickoff Oakland County Parenting
Awareness Month. Rebecca Williams, Grade 12, Seaholm High School and Jamie Neely, Grade 11,
Holly High School were given recognition as first and second place winners in the 2003 State Parenting
Awareness Month poster contest.
The following people addressed the board: Richard Skarritt, Chairperson of Oakland County Road
Commission, Bill McMaster, Taxpayers United, and George Graunke.
Moved by Jamian supported by Coulter the resolutions on the Consent Agenda, be adopted. (The vote
on this motion appears on page 77.) The resolutions on the Consent Agenda follow (annotated by an
asterisk {*}):
*MISCELLANEOUS RESOLUTION #03031
BY: Finance Committee, Charles Moss, Chairperson
IN RE: TREASURER - RESOLUTION TO AUTHORIZE OAKLAND COUNTY WATER SUPPLY
REFUNDING BONDS (CITY OF ORCHARD LAKE VILLAGE – 2003)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act
342"), the County of Oakland (the "County") has issued its Oakland County Water Supply Bonds (City of
Orchard Lake Village System) dated March 1, 1994 (the "1994 Prior Bonds"), in the original principal
amount of $3,750,000 to defray part of the cost of acquiring and constructing the City of Orchard Lake
Water Supply System pursuant to the City of Orchard Lake Village Water Supply System Contract (the
"1990 Contract") dated as of November 1, 1990, between the City of Orchard Lake (the "Municipality")
and the County; and
WHEREAS the 1994 Prior Bonds remain outstanding in the aggregate principal amount of $2,605,000,
mature in various principal amounts on November 1 in the years 2003 through 2013 and bear interest at
rates per annum that vary from 5.40% to 6.00%; and
WHEREAS Act No. 34, Public Acts of Michigan, 2001, as amended ("Act 34") authorizes the County to
refund all or any part of the outstanding 1994 Prior Bonds; and
WHEREAS the County received a request from the Municipality to refund all or part of the outstanding
1994 Prior Bonds; and
WHEREAS it is in the best interests of the County and the Municipality that the 1994 Prior Bonds be
refunded.
NOW THEREFORE BE IT RESOLVED:
1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County (the "Refunding
Bonds") aggregating the principal sum of not to exceed Three Million Dollars ($3,000,000) shall
be issued and sold pursuant to the provisions of Act 34, and other applicable statutory provisions,
for the purpose of refunding all or part of the outstanding 1994 Prior Bonds.
Commissioners Minutes Continued. March 6, 2003
52
2. BOND DETAILS. The Refunding Bonds shall be designated Oakland County Water
Supply Refunding Bonds (City of Orchard Lake Village – 2003); shall be in the principal amount
and shall be dated as of such date as shall be determined by County Drain Commissioner as
County Agency under Act 342, at the time of sale; shall be numbered from 1 upwards; shall be
fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not
exceeding the aggregate principal amount for each maturity at the option of the purchaser
thereof; shall bear interest at a rate or rates not exceeding 6% per annum to be determined upon
the sale thereof payable on such dates as shall be determined at the time of sale; and shall
mature on such dates and in such amounts as shall be determined at the time of sale.
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the
Refunding Bonds shall be payable in lawful money of the United States. Principal shall be
payable upon presentation and surrender of the bonds to the bond registrar and paying agent as
they severally mature. Interest shall be paid to the registered owner of each bond as shown on
the registration books at the close of business on the fifteenth day of the calendar month
preceding the month in which the interest payment is due. Interest shall be paid when due by
check or draft drawn upon and mailed by the bond registrar and paying agent to the registered
owner at the registered address.
4. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the
aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of
The Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the
book-entry-only transfer system of DTC. In the event the County determines that it is in the best
interest of the County not to continue the book-entry system of transfer or that the interests of the
holders of the Refunding Bonds might be adversely affected if the book-entry system of transfer is
continued, the County may notify DTC and the bond registrar and paying agent, whereupon DTC
will notify the Participants of the availability through DTC of bond certificates. In such event, the
bond registrar and paying agent shall deliver, transfer and exchange bond certificates as
requested by DTC and any Participant or "beneficial owner" in appropriate amounts in
accordance with this Resolution. DTC may determine to discontinue providing its services with
respect to the Refunding Bonds at any time by giving notice to the County and the bond registrar
and paying agent and discharging its responsibilities with respect thereto under applicable law or
the County may determine that DTC is incapable of discharging its duties and may so advise
DTC. In either such event, the County shall use reasonable efforts to locate another securities
depository. Under such circumstances (if there is no successor securities depository), the County
and the bond registrar and paying agent shall be obligated to deliver bond certificates in
accordance with the procedures established by this Resolution. In the event bond certificates are
issued, the provisions of this Resolution shall apply to, among other things, the transfer and
exchange of such certificates and the method of payment of principal of and interest on such
certificates. Whenever DTC requests the County and the bond registrar and paying agent to do
so, the County and the bond registrar and paying agent shall cooperate with DTC in taking
appropriate action after reasonable notice to make available one or more separate certificates
evidencing the Refunding Bonds to any Participant having Refunding bonds certified to its DTC
account or to arrange for another securities depository to maintain custody of certificates
evidencing the Refunding Bonds.
Notwithstanding any other provision of this Resolution to the contrary, so long as any Refunding
Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to
the principal of, interest on and redemption premium, if any, on such Refunding Bonds and all
notices with respect to the Refunding Bonds shall be made and given, respectively, to DTC as
provided in the Blanket Issuer Letter of Representations between DTC and the County. The
County Agency or the County Treasurer is authorized to sign the Letter of Representations on
behalf of the County, in such form as the County Agency or the County Treasurer deems
necessary or appropriate, in order to accomplish the issuance of the Refunding Bonds in
accordance with law and this Resolution.
Commissioners Minutes Continued. March 6, 2003
53
5. PRIOR REDEMPTION. The Refunding Bonds shall be subject to redemption prior to
maturity upon such terms and conditions as shall be determined by the Drain Commissioner as
County Agency at the time of sale.
6. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate and
enter into an agreement with a bond registrar and paying agent for the Refunding Bonds that
shall be a bank or trust company located in the State of Michigan that is qualified to act in such
capacity under the laws of the United States of America or the State of Michigan. The Treasurer
may from time to time as required designate a similarly qualified successor bond registrar and
paying agent.
7. EXECUTION, AUTHENTICATION AND DELIVERY OF REFUNDING BONDS. The
Refunding Bonds shall be executed in the name of the County by the facsimile signatures of the
Chairman of the Board of Commissioners and the County Clerk and authenticated by the manual
signature of an authorized representative of the bond registrar and paying agent, and the seal of
the County (or a facsimile thereof) shall be impressed or imprinted on the Refunding Bonds. After
the Refunding Bonds have been executed and authenticated, they shall be delivered by the
County Treasurer to the purchaser upon receipt of the purchase price. Additional Refunding
Bonds bearing the facsimile signatures of the Chairman of the Board of Commissioners and the
County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or
imprinted may be delivered to the bond registrar and paying agent for authentication and delivery
in connection with the exchange or transfer of the Refunding Bonds. The bond registrar and
paying agent shall indicate on each Refunding Bond the date of its authentication.
8. EXCHANGE AND TRANSFER OF REFUNDING BONDS. Any Refunding Bond, upon
surrender thereof to the bond registrar and paying agent with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly executed by the registered owner or his
duly authorized attorney, at the option of the registered owner thereof, may be exchanged for
Refunding Bonds of any other authorized denominations of the same aggregate principal amount
and maturity date and bearing the same rate of interest as the surrendered Refunding Bond.
Each Refunding Bond shall be transferable only upon the books of the County, which shall be
kept for that purpose by the bond registrar and paying agent, upon surrender of such Refunding
Bond together with a written instrument of transfer satisfactory to the bond registrar and paying
agent duly executed by the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any Refunding Bond, the bond registrar and paying agent on
behalf of the County shall cancel the surrendered Refunding Bond and shall authenticate and
deliver to the transferee a new Refunding Bond or Bonds of any authorized denomination of the
same aggregate principal amount and maturity date and bearing the same rate of interest as the
surrendered Refunding Bond. If, at the time the bond registrar and paying agent authenticates
and delivers a new Refunding Bond pursuant to this section, payment of interest on the
Refunding Bonds is in default, the bond registrar and paying agent shall endorse upon the new
Refunding Bond the following: "Payment of interest on this bond is in default. The last date to
which interest has been paid is __________, ____."
The County and the bond registrar and paying agent may deem and treat the person in whose
name any Refunding Bond shall be registered upon the books of the County as the absolute
owner of such Refunding Bond, whether such Refunding Bond shall be overdue or not, for the
purpose of receiving payment of the principal of and interest on such Refunding Bond and for all
other purposes, and all payments made to any such registered owner, or upon his order, in
accordance with the provisions of Section 3 of this Resolution shall be valid and effectual to
satisfy and discharge the liability upon such Refunding Bond to the extent of the sum or sums so
paid, and neither the County nor the bond registrar and paying agent shall be affected by any
notice to the contrary. The County agrees to indemnify and save the bond registrar and paying
agent harmless from and against any and all loss, cost, charge, expense, judgment or liability
incurred by it, acting in good faith and without negligence hereunder, in so treating such
registered owner.
For every exchange or transfer of Refunding Bonds, the County or the bond registrar and paying
agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge
required to be paid with respect to such exchange or transfer, which sum or sums shall be paid
Commissioners Minutes Continued. March 6, 2003
54
by the person requesting such exchange or transfer as a condition precedent to the exercise of
the privilege of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or exchange Refunding
Bonds or portions of Refunding Bonds that have been selected for redemption.
9. FORM OF REFUNDING BONDS. The Refunding Bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY WATER SUPPLY REFUNDING BOND
(CITY OF ORCHARD LAKE VILLAGE – 2003)
INTEREST RATE
MATURITY DATE
DATE OF ORIGINAL ISSUE
CUSIP
Registered Owner:
Principal Amount:
The County of Oakland, State of Michigan (the "County"), acknowledges itself indebted to, and for value
received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the
Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as
hereinafter provided, upon presentation and surrender of this bond at
_____________________________________________________________________, the bond registrar
and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant
to the Resolution, and to pay to the Registered Owner as shown on the registration books at the close of
business on the 15th day of the calendar month preceding the month in which an interest payment is due,
by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail
postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount
from __________, ____, or such later date through which interest has been paid until the County's
obligation with respect to the payment of such Principal Amount is discharged, at the rate per annum
specified above. Interest is payable on the first days of May and November in each year, commencing on
__________ 1, ____. Principal and interest are payable in lawful money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of _______________
_________________________ Thousand Dollars ($_________) issued by the County under and
pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 34,
Public Acts of 2001, as amended) and a resolution adopted by the Board of Commissioners of the County
(the "Resolution") and an order of the Drain Commissioner of the County as County Agency for the
purpose of refunding the outstanding Oakland County Water Supply Bonds (City of Orchard Lake Village
System), dated March 1, 1994, maturing in the years _____ through _____. The bonds of this series are
issued in anticipation of, and the principal of and interest on the bonds are payable from, moneys to be
received by the County from the City of Orchard Lake Village (the "Municipality") in payment of its
obligations under a certain contract dated as of November 1, 1990 between the Municipality and the
County. The full faith and credit of the Municipality have been pledged for the making of such payments.
As additional security for the payment of the principal of and interest on the bonds of this series the full
faith and credit of the County have been pledged. Taxes imposed by the Municipality and the County are
subject to constitutional tax rate limitations.
This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that
purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written
instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered
owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond
or bonds of any authorized denomination, in the same aggregate principal amount and of the same
interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as
provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so
Commissioners Minutes Continued. March 6, 2003
55
authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not
exceeding the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of
bonds that have been selected for redemption.
Bonds maturing prior to __________, ____, are not subject to redemption prior to maturity. Bonds
maturing on and after __________, ____, are subject to redemption prior to maturity at the option of the
County, in such order as shall be determined by the County, on any one or more interest payment dates
on and after __________, ____. Bonds of a denomination greater than $5,000 may be partially
redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing
in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot.
The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus
interest to the date fixed for redemption and a premium as follows:
% of the par value if called for redemption on or after __________ 1, ____, but prior
to __________ 1, ____;
% of the par value if called for redemption on or after__________ 1, ____, but prior
to __________ 1, ____;
% of the par value if called for redemption on or after __________ 1, ____, but prior
to __________ 1, ____.
Not less than thirty days' notice of redemption shall be given to the registered owners of bonds called to
be redeemed by mail to each registered owner at the registered address. Bonds or portions of bonds
called for redemption shall not bear interest on and after the date fixed for redemption, provided funds are
on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen
and be performed precedent to and in the issuance of the bonds of this series, existed, have happened
and have been performed in due time, form and manner as required by law, and that the total
indebtedness of the County, including the series of bonds of which this bond is one, does not exceed any
constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board of Commissioners, has
caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of
Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or
imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually
executed by an authorized representative of the bond registrar and paying agent.
COUNTY OF OAKLAND
By:
Chairman, Board of Commissioners
[SEAL]
And:
County Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolution.
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHENTICATION DATE:
Commissioners Minutes Continued. March 6, 2003
56
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________________
(please print or type name, address and taxpayer identification number of transferee) the within bond and
all rights thereunder and hereby irrevocably constitutes and appoints
______________________________________________________________________________
attorney to transfer the within bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated: ____________________
Signature Guaranteed: __________________________________________
Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer
Association recognized signature guarantee program.
[END OF BOND FORM]
10. SECURITY. The Refunding Bonds shall be issued in anticipation of the payments to be
made by the Municipality pursuant to the Contract. As additional security the full faith and credit
of the County of Oakland are hereby pledged for the prompt payment of the principal of and
interest on the Refunding Bonds as the same shall become due. If the Municipality shall fail to
make payments to the County that are sufficient to pay the principal of and interest on the
Refunding Bonds as the same shall become due, then an amount sufficient to pay the deficiency
shall be advanced from the general fund of the County.
11. DEFEASANCE. In the event cash or direct obligations of the United States or obligations
the principal of and interest on which are guaranteed by the United States, or a combination
thereof, the principal of and interest on which, without reinvestment, come due at times and in
amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the
principal of, premium if any, and interest on the Refunding Bonds or any portion of the Refunding
Bonds, shall have been deposited in trust, this Bond Resolution shall be defeased with respect to
such Refunding Bonds and the owners of the Refunding Bonds shall have no further rights under
this Bond Resolution except to receive payment of the principal of, premium if any, and interest
on the Refunding Bonds from the cash or securities deposited in trust and the interest and gains
thereon and to transfer and exchange Refunding Bonds as provided herein.
12. PRINCIPAL AND INTEREST FUND. There shall be established for the Refunding Bonds
a Principal and Interest Fund that shall be kept in a separate bank account. From the proceeds
of the sale of the Refunding Bonds there shall be set aside in the Principal and Interest Fund any
premium and accrued interest received from the purchaser of the Refunding Bonds at the time of
delivery of the same. All payments received from the Municipality pursuant to the Contract are
pledged for the payment of the principal of and interest on the 1994 Prior Bonds that are not
refunded and the Refunding Bonds and expenses incidental thereto and as received shall be
placed in the Principal and Interest Fund or the principal and interest funds for the 1994 Prior
Bonds as appropriate. The County Agency shall transfer moneys in the Principal and Interest
Fund to the bond registrar and paying agent for the 1994 Prior Bonds and the bond registrar and
paying agent for the Refunding Bonds as necessary for the payment of the principal of and
interest on the 1994 Prior Bonds that are not refunded and the Refunding Bonds.
Commissioners Minutes Continued. March 6, 2003
57
13. PAYMENT OF ISSUANCE EXPENSES - ESCROW FUND. The remainder of the
proceeds of the Refunding Bonds shall be used to pay the issuance expenses of the Refunding
Bonds and to establish an escrow fund for the 1994 Prior Bonds that are refunded. After the
issuance expenses have been paid or provided for the remaining proceeds shall be used to
establish an escrow fund (the "Escrow Fund") consisting of cash and investments in direct
obligations of, or obligations the principal of and interest on which are unconditionally guaranteed
by, the United States of America or other obligations the principal of and interest on which are
fully secured by the foregoing and used to pay the principal of, interest on and redemption
premiums on the 1994 Prior Bonds that are refunded. The Escrow Fund shall be held by a
trustee (the "Trustee") in trust pursuant to an escrow agreement (the "Escrow Agreement") that
irrevocably shall direct the Trustee to take all necessary steps to pay the interest on the 1994
Prior Bonds that are refunded when due and to call such 1994 Prior Bonds for redemption at such
time as shall be determined in the Escrow Agreement. The County Treasurer shall select the
Trustee and enter into the Escrow Agreement with the Trustee on behalf of the County. The
amounts held in the Escrow Fund shall be such that the cash and the investments and the
income received thereon will be sufficient without reinvestment to pay the principal of, interest on
and redemption premiums on the 1994 Prior Bonds that are refunded when due at maturity or call
for redemption as required by the Escrow Agreement.
14. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the
Refunding Bonds shall be subject to permission being granted therefor by the Department of
Treasury of the State of Michigan under Act 34; and the County Agency, the County Treasurer, or
a representative of Municipal Financial Consultants Incorporated, the financial consultant for the
County, shall, if necessary, file a qualifying statement with the Michigan Department of Treasury
or make application to the Department of Treasury for permission to issue and sell the Refunding
Bonds as provided by the terms of this Resolution.
15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF REFUNDING
BONDS. The County Agency shall determine the principal amount of the Refunding Bonds to be
sold and shall determine the other bond details as described in Section 2 hereof and the terms
and conditions for prior redemption as described in Section 5 hereof. The County Agency shall
prescribe the form of Notice of Sale for the Refunding Bonds and shall publish the notice in
accordance with law in a publication to be selected by the County Agency. The County Agency
and the County Treasurer and other County officials are authorized to do all things necessary to
effectuate the sale, issuance, delivery, transfer and exchange of the Refunding Bonds in
accordance with the provisions of this Resolution.
16. REPLACEMENT OF REFUNDING BONDS. Upon receipt by the County Treasurer of
proof of ownership of an unmatured Refunding Bond, of satisfactory evidence that the Refunding
Bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity that
complies with applicable law and is satisfactory to the Treasurer, the Treasurer may authorize the
bond registrar and paying agent to deliver a new executed Refunding Bond to replace the bond
lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an
outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully taken, the
Treasurer may authorize the bond registrar and paying agent to pay the Refunding Bond without
presentation upon the receipt of the same documentation required for the delivery of a
replacement Refunding Bond. The bond registrar and paying agent, for each new Refunding
Bond delivered or paid without presentation as provided above, shall require the payment of
expenses, including counsel fees, that may be incurred by the bond registrar and paying agent
and the County in the premises. Any Refunding Bond delivered pursuant the provisions of this
Section 16 in lieu of any Refunding Bond lost, apparently destroyed or wrongfully taken shall be
of the same form and tenor and be secured in the same manner as the Refunding Bond in
substitution for which such Refunding Bond was delivered.
17. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Revenue Code of 1986, as amended, necessary to assure that the interest on the Refunding
Bonds will be and will remain excludable from gross income for federal income tax purposes.
The County Agency is authorized to do all things necessary to assure that the interest on the
Refunding Bonds will be and will remain excludable from gross income for federal income tax
purposes.
Commissioners Minutes Continued. March 6, 2003
58
18. OFFICIAL STATEMENT. The County shall cause the preparation of an official statement
for the Refunding Bonds for the purpose of enabling compliance with Rule 15c2-12 issued under
the Securities Exchange Act of 1934, as amended (the "Rule") and shall do all other things
necessary to enable compliance with the Rule. After the award of the Refunding Bonds, the
County will provide copies of a "final official statement" (as defined in paragraph (e)(3) of the
Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or
bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules
of the Municipal Securities Rulemaking Board.
19. CONTINUING DISCLOSURE. The County Treasurer is hereby authorized to execute
and deliver in the name and on behalf of the County (i) a certificate of the County to comply with
the requirements for a continuing disclosure undertaking of the County pursuant to subsection
(b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the
terms of such certificate (the certificate and any amendments thereto are collectively referred to
herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that
it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The
remedies for any failure of the County to comply with and carry out the provisions of the
Continuing Disclosure Certificate shall be as set forth therein.
20. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they
may be in conflict herewith are hereby rescinded.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 77.)
*MISCELLANEOUS RESOLUTION #03032
BY: Finance Committee, Charles Moss, Chairperson
IN RE: TREASURER - RESOLUTION TO AUTHORIZE OAKLAND COUNTY WATERFORD IRON
REMOVAL FACILITIES REFUNDING BONDS, SERIES 2003
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act
342"), the County of Oakland (the "County") has issued its County of Oakland Waterford Iron Removal
Facilities Bonds, Series 1992-A, dated July 1, 1992 (the "1992 Prior Bonds"), in the original principal
amount of $6,000,000 to defray part of the cost of acquiring and constructing the Waterford Water Supply
System Iron Removal Water Treatment Facilities pursuant to the Waterford Water Supply System Iron
Removal Water Treatment Facilities Contract (the "1991 Contract") dated as of October 1, 1991, between
the Charter Township of Waterford (the "Municipality") and the County; and
WHEREAS the 1992 Prior Bonds remain outstanding in the aggregate principal amount of $2,900,000,
mature in various principal amounts on May 1 in the years 2003 through 2007 and bear interest at rates
per annum that vary from 5.90% to 6.15%; and
WHEREAS Act No. 34, Public Acts of Michigan, 2001, as amended ("Act 34") authorizes the County to
refund all or any part of the outstanding 1992 Prior Bonds; and
WHEREAS the County received a request from the Municipality to refund all or part of the outstanding
1992 Prior Bonds; and
WHEREAS it is in the best interests of the County and the Municipality that the 1992 Prior Bonds be
refunded.
Commissioners Minutes Continued. March 6, 2003
59
NOW THEREFORE BE IT RESOLVED:
1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County (the "Refunding
Bonds") aggregating the principal sum of not to exceed Two Million Six Hundred Fifty Thousand
Dollars ($2,650,000) shall be issued and sold pursuant to the provisions of Act 34, and other
applicable statutory provisions, for the purpose of refunding all or part of the outstanding 1992
Prior Bonds.
2. BOND DETAILS. The Refunding Bonds shall be designated Oakland County Waterford
Iron Removal Facilities Refunding Bonds, Series 2003; shall be in the principal amount and shall
be dated as of such date as shall be determined by County Drain Commissioner as County
Agency under Act 342, at the time of sale; shall be numbered from 1 upwards; shall be fully
registered; shall be in the denomination of $5,000 each or any integral multiple thereof not
exceeding the aggregate principal amount for each maturity at the option of the purchaser
thereof; shall bear interest at a rate or rates not exceeding 6% per annum to be determined upon
the sale thereof payable on such dates as shall be determined at the time of sale; and shall
mature on such dates and in such amounts as shall be determined at the time of sale.
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the
Refunding Bonds shall be payable in lawful money of the United States. Principal shall be
payable upon presentation and surrender of the bonds to the bond registrar and paying agent as
they severally mature. Interest shall be paid to the registered owner of each bond as shown on
the registration books at the close of business on the fifteenth day of the calendar month
preceding the month in which the interest payment is due. Interest shall be paid when due by
check or draft drawn upon and mailed by the bond registrar and paying agent to the registered
owner at the registered address.
4. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the
aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of
The Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the
book-entry-only transfer system of DTC. In the event the County determines that it is in the best
interest of the County not to continue the book-entry system of transfer or that the interests of the
holders of the Refunding Bonds might be adversely affected if the book-entry system of transfer is
continued, the County may notify DTC and the bond registrar and paying agent, whereupon DTC
will notify the Participants of the availability through DTC of bond certificates. In such event, the
bond registrar and paying agent shall deliver, transfer and exchange bond certificates as
requested by DTC and any Participant or "beneficial owner" in appropriate amounts in
accordance with this Resolution. DTC may determine to discontinue providing its services with
respect to the Refunding Bonds at any time by giving notice to the County and the bond registrar
and paying agent and discharging its responsibilities with respect thereto under applicable law or
the County may determine that DTC is incapable of discharging its duties and may so advise
DTC. In either such event, the County shall use reasonable efforts to locate another securities
depository. Under such circumstances (if there is no successor securities depository), the County
and the bond registrar and paying agent shall be obligated to deliver bond certificates in
accordance with the procedures established by this Resolution. In the event bond certificates are
issued, the provisions of this Resolution shall apply to, among other things, the transfer and
exchange of such certificates and the method of payment of principal of and interest on such
certificates. Whenever DTC requests the County and the bond registrar and paying agent to do
so, the County and the bond registrar and paying agent shall cooperate with DTC in taking
appropriate action after reasonable notice to make available one or more separate certificates
evidencing the Refunding Bonds to any Participant having Refunding bonds certified to its DTC
account or to arrange for another securities depository to maintain custody of certificates
evidencing the Refunding Bonds.
Notwithstanding any other provision of this Resolution to the contrary, so long as any Refunding
Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to
the principal of, interest on and redemption premium, if any, on such Refunding Bonds and all
notices with respect to the Refunding Bonds shall be made and given, respectively, to DTC as
provided in the Blanket Issuer Letter of Representations between DTC and the County. The
County Agency or the County Treasurer is authorized to sign the Letter of Representations on
behalf of the County, in such form as the County Agency or the County Treasurer deems
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necessary or appropriate, in order to accomplish the issuance of the Refunding Bonds in
accordance with law and this Resolution.
5. PRIOR REDEMPTION. The Refunding Bonds shall be subject to redemption prior to
maturity upon such terms and conditions as shall be determined by the Drain Commissioner as
County Agency at the time of sale.
6. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate and
enter into an agreement with a bond registrar and paying agent for the Refunding Bonds that
shall be a bank or trust company located in the State of Michigan that is qualified to act in such
capacity under the laws of the United States of America or the State of Michigan. The Treasurer
may from time to time as required designate a similarly qualified successor bond registrar and
paying agent.
7. EXECUTION, AUTHENTICATION AND DELIVERY OF REFUNDING BONDS. The
Refunding Bonds shall be executed in the name of the County by the facsimile signatures of the
Chairman of the Board of Commissioners and the County Clerk and authenticated by the manual
signature of an authorized representative of the bond registrar and paying agent, and the seal of
the County (or a facsimile thereof) shall be impressed or imprinted on the Refunding Bonds. After
the Refunding Bonds have been executed and authenticated, they shall be delivered by the
County Treasurer to the purchaser upon receipt of the purchase price. Additional Refunding
Bonds bearing the facsimile signatures of the Chairman of the Board of Commissioners and the
County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or
imprinted may be delivered to the bond registrar and paying agent for authentication and delivery
in connection with the exchange or transfer of the Refunding Bonds. The bond registrar and
paying agent shall indicate on each Refunding Bond the date of its authentication.
8. EXCHANGE AND TRANSFER OF REFUNDING BONDS. Any Refunding Bond, upon
surrender thereof to the bond registrar and paying agent with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly executed by the registered owner or his
duly authorized attorney, at the option of the registered owner thereof, may be exchanged for
Refunding Bonds of any other authorized denominations of the same aggregate principal amount
and maturity date and bearing the same rate of interest as the surrendered Refunding Bond.
Each Refunding Bond shall be transferable only upon the books of the County, which shall be
kept for that purpose by the bond registrar and paying agent, upon surrender of such Refunding
Bond together with a written instrument of transfer satisfactory to the bond registrar and paying
agent duly executed by the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any Refunding Bond, the bond registrar and paying agent on
behalf of the County shall cancel the surrendered Refunding Bond and shall authenticate and
deliver to the transferee a new Refunding Bond or Bonds of any authorized denomination of the
same aggregate principal amount and maturity date and bearing the same rate of interest as the
surrendered Refunding Bond. If, at the time the bond registrar and paying agent authenticates
and delivers a new Refunding Bond pursuant to this section, payment of interest on the
Refunding Bonds is in default, the bond registrar and paying agent shall endorse upon the new
Refunding Bond the following: "Payment of interest on this bond is in default. The last date to
which interest has been paid is __________, ____."
The County and the bond registrar and paying agent may deem and treat the person in whose
name any Refunding Bond shall be registered upon the books of the County as the absolute
owner of such Refunding Bond, whether such Refunding Bond shall be overdue or not, for the
purpose of receiving payment of the principal of and interest on such Refunding Bond and for all
other purposes, and all payments made to any such registered owner, or upon his order, in
accordance with the provisions of Section 3 of this Resolution shall be valid and effectual to
satisfy and discharge the liability upon such Refunding Bond to the extent of the sum or sums so
paid, and neither the County nor the bond registrar and paying agent shall be affected by any
notice to the contrary. The County agrees to indemnify and save the bond registrar and paying
agent harmless from and against any and all loss, cost, charge, expense, judgment or liability
incurred by it, acting in good faith and without negligence hereunder, in so treating such
registered owner.
For every exchange or transfer of Refunding Bonds, the County or the bond registrar and paying
agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge
Commissioners Minutes Continued. March 6, 2003
61
required to be paid with respect to such exchange or transfer, which sum or sums shall be paid
by the person requesting such exchange or transfer as a condition precedent to the exercise of
the privilege of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or exchange Refunding
Bonds or portions of Refunding Bonds that have been selected for redemption.
9. FORM OF REFUNDING BONDS. The Refunding Bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY WATERFORD IRON REMOVAL FACILITIES
REFUNDING BOND, SERIES 2003
INTEREST RATE
MATURITY DATE
DATE OF ORIGINAL ISSUE
CUSIP
Registered Owner:
Principal Amount:
The County of Oakland, State of Michigan (the "County"), acknowledges itself indebted to, and for value
received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the
Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as
hereinafter provided, upon presentation and surrender of this bond at
___________________________________________________________________________________,
the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be
designated pursuant to the Resolution, and to pay to the Registered Owner as shown on the registration
books at the close of business on the 15th day of the calendar month preceding the month in which an
interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent
by first class mail postage prepaid to the Registered Owner at the registered address, interest on such
Principal Amount from __________, ____, or such later date through which interest has been paid until
the County's obligation with respect to the payment of such Principal Amount is discharged, at the rate
per annum specified above. Interest is payable on the first days of May and November in each year,
commencing on __________ 1, ____. Principal and interest are payable in lawful money of the United
States of America.
This bond is one of a series of bonds aggregating the principal sum of _______________
_________________________ Thousand Dollars ($_________) issued by the County under and
pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 34,
Public Acts of 2001, as amended) and a resolution adopted by the Board of Commissioners of the County
(the "Resolution") and an order of the Drain Commissioner of the County as County Agency for the
purpose of refunding the outstanding County of Oakland Waterford Iron Removal Facilities Bonds, Series
1992-A, dated July 1, 1992, maturing in the years ______ through ______. The bonds of this series are
issued in anticipation of, and the principal of and interest on the bonds are payable from, moneys to be
received by the County from the Charter Township of Waterford (the "Municipality") in payment of its
obligations under a certain contract dated as of October 1, 1991 between the Municipality and the
County. The full faith and credit of the Municipality have been pledged for the making of such payments.
As additional security for the payment of the principal of and interest on the bonds of this series the full
faith and credit of the County have been pledged. Taxes imposed by the Municipality and the County are
subject to constitutional tax rate limitations.
This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that
purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written
instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered
owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond
or bonds of any authorized denomination, in the same aggregate principal amount and of the same
Commissioners Minutes Continued. March 6, 2003
62
interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as
provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so
authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not
exceeding the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of
bonds that have been selected for redemption.
Bonds maturing prior to __________, ____, are not subject to redemption prior to maturity. Bonds
maturing on and after __________, ____, are subject to redemption prior to maturity at the option of the
County, in such order as shall be determined by the County, on any one or more interest payment dates
on and after __________, ____. Bonds of a denomination greater than $5,000 may be partially
redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing
in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot.
The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus
interest to the date fixed for redemption and a premium as follows:
% of the par value if called for redemption on or after __________ 1, ____, but prior
to __________ 1, ____;
% of the par value if called for redemption on or after__________ 1, ____, but prior
to __________ 1, ____;
% of the par value if called for redemption on or after __________ 1, ____, but prior
to __________ 1, ____.
Not less than thirty days' notice of redemption shall be given to the registered owners of bonds called to
be redeemed by mail to each registered owner at the registered address. Bonds or portions of bonds
called for redemption shall not bear interest on and after the date fixed for redemption, provided funds are
on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen
and be performed precedent to and in the issuance of the bonds of this series, existed, have happened
and have been performed in due time, form and manner as required by law, and that the total
indebtedness of the County, including the series of bonds of which this bond is one, does not exceed any
constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board of Commissioners, has
caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of
Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or
imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually
executed by an authorized representative of the bond registrar and paying agent.
COUNTY OF OAKLAND
By:
Chairman, Board of Commissioners
[SEAL]
And:
County Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolution.
Bond Registrar and Paying Agent
By:
Authorized Representative
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63
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
____________________________________________________________________________________
(please print or type name, address and taxpayer identification number of transferee) the within bond and
all rights thereunder and hereby irrevocably constitutes and appoints
____________________________________________________________________________________
attorney to transfer the within bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated: ____________________
Signature Guaranteed:__________________________________________
Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer
Association recognized signature guarantee program.
[END OF BOND FORM]
10. SECURITY. The Refunding Bonds shall be issued in anticipation of the payments to be
made by the Municipality pursuant to the Contract. As additional security the full faith and credit
of the County of Oakland are hereby pledged for the prompt payment of the principal of and
interest on the Refunding Bonds as the same shall become due. If the Municipality shall fail to
make payments to the County that are sufficient to pay the principal of and interest on the
Refunding Bonds as the same shall become due, then an amount sufficient to pay the deficiency
shall be advanced from the general fund of the County.
11. DEFEASANCE. In the event cash or direct obligations of the United States or obligations
the principal of and interest on which are guaranteed by the United States, or a combination
thereof, the principal of and interest on which, without reinvestment, come due at times and in
amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the
principal of, premium if any, and interest on the Refunding Bonds or any portion of the Refunding
Bonds, shall have been deposited in trust, this Bond Resolution shall be defeased with respect to
such Refunding Bonds and the owners of the Refunding Bonds shall have no further rights under
this Bond Resolution except to receive payment of the principal of, premium if any, and interest
on the Refunding Bonds from the cash or securities deposited in trust and the interest and gains
thereon and to transfer and exchange Refunding Bonds as provided herein.
12. PRINCIPAL AND INTEREST FUND. There shall be established for the Refunding Bonds
a Principal and Interest Fund that shall be kept in a separate bank account. From the proceeds
of the sale of the Refunding Bonds there shall be set aside in the Principal and Interest Fund any
premium and accrued interest received from the purchaser of the Refunding Bonds at the time of
delivery of the same. All payments received from the Municipality pursuant to the Contract are
pledged for the payment of the principal of and interest on the 1992 Prior Bonds that are not
refunded and the Refunding Bonds and expenses incidental thereto and as received shall be
placed in the Principal and Interest Fund or the principal and interest funds for the 1992 Prior
Bonds as appropriate. The County Agency shall transfer moneys in the Principal and Interest
Fund to the bond registrar and paying agent for the 1992 Prior Bonds and the bond registrar and
paying agent for the Refunding Bonds as necessary for the payment of the principal of and
interest on the 1992 Prior Bonds that are not refunded and the Refunding Bonds.
13. PAYMENT OF ISSUANCE EXPENSES - ESCROW FUND. The remainder of the
proceeds of the Refunding Bonds shall be used to pay the issuance expenses of the Refunding
Bonds and to establish an escrow fund for the 1992 Prior Bonds that are refunded. After the
issuance expenses have been paid or provided for the remaining proceeds shall be used to
establish an escrow fund (the "Escrow Fund") consisting of cash and investments in direct
obligations of, or obligations the principal of and interest on which are unconditionally guaranteed
Commissioners Minutes Continued. March 6, 2003
64
by, the United States of America or other obligations the principal of and interest on which are
fully secured by the foregoing and used to pay the principal of, interest on and redemption
premiums on the 1992 Prior Bonds that are refunded. The Escrow Fund shall be held by a
trustee (the "Trustee") in trust pursuant to an escrow agreement (the "Escrow Agreement") that
irrevocably shall direct the Trustee to take all necessary steps to pay the interest on the 1992
Prior Bonds that are refunded when due and to call such 1992 Prior Bonds for redemption at such
time as shall be determined in the Escrow Agreement. The County Treasurer shall select the
Trustee and enter into the Escrow Agreement with the Trustee on behalf of the County. The
amounts held in the Escrow Fund shall be such that the cash and the investments and the
income received thereon will be sufficient without reinvestment to pay the principal of, interest on
and redemption premiums on the 1992 Prior Bonds that are refunded when due at maturity or call
for redemption as required by the Escrow Agreement.
14. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the
Refunding Bonds shall be subject to permission being granted therefor by the Department of
Treasury of the State of Michigan under Act 34; and the County Agency, the County Treasurer, or
a representative of Municipal Financial Consultants Incorporated, the financial consultant for the
County, shall, if necessary, file a qualifying statement with the Michigan Department of Treasury
or make application to the Department of Treasury for permission to issue and sell the Refunding
Bonds as provided by the terms of this Resolution.
15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF REFUNDING
BONDS. The County Agency shall determine the principal amount of the Refunding Bonds to be
sold and shall determine the other bond details as described in Section 2 hereof and the terms
and conditions for prior redemption as described in Section 5 hereof. The County Agency shall
prescribe the form of Notice of Sale for the Refunding Bonds and shall publish the notice in
accordance with law in a publication to be selected by the County Agency. The County Agency
and the County Treasurer and other County officials are authorized to do all things necessary to
effectuate the sale, issuance, delivery, transfer and exchange of the Refunding Bonds in
accordance with the provisions of this Resolution.
16. REPLACEMENT OF REFUNDING BONDS. Upon receipt by the County Treasurer of
proof of ownership of an unmatured Refunding Bond, of satisfactory evidence that the Refunding
Bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity that
complies with applicable law and is satisfactory to the Treasurer, the Treasurer may authorize the
bond registrar and paying agent to deliver a new executed Refunding Bond to replace the bond
lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an
outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully taken, the
Treasurer may authorize the bond registrar and paying agent to pay the Refunding Bond without
presentation upon the receipt of the same documentation required for the delivery of a
replacement Refunding Bond. The bond registrar and paying agent, for each new Refunding
Bond delivered or paid without presentation as provided above, shall require the payment of
expenses, including counsel fees, that may be incurred by the bond registrar and paying agent
and the County in the premises. Any Refunding Bond delivered pursuant the provisions of this
Section 16 in lieu of any Refunding Bond lost, apparently destroyed or wrongfully taken shall be
of the same form and tenor and be secured in the same manner as the Refunding Bond in
substitution for which such Refunding Bond was delivered.
17. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Revenue Code of 1986, as amended, necessary to assure that the interest on the Refunding
Bonds will be and will remain excludable from gross income for federal income tax purposes.
The County Agency is authorized to do all things necessary to assure that the interest on the
Refunding Bonds will be and will remain excludable from gross income for federal income tax
purposes.
18. OFFICIAL STATEMENT. The County shall cause the preparation of an official statement
for the Refunding Bonds for the purpose of enabling compliance with Rule 15c2-12 issued under
the Securities Exchange Act of 1934, as amended (the "Rule") and shall do all other things
necessary to enable compliance with the Rule. After the award of the Refunding Bonds, the
County will provide copies of a "final official statement" (as defined in paragraph (e)(3) of the
Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or
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65
bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules
of the Municipal Securities Rulemaking Board.
19. CONTINUING DISCLOSURE. The County Treasurer is hereby authorized to execute
and deliver in the name and on behalf of the County (i) a certificate of the County to comply with
the requirements for a continuing disclosure undertaking of the County pursuant to subsection
(b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the
terms of such certificate (the certificate and any amendments thereto are collectively referred to
herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that
it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The
remedies for any failure of the County to comply with and carry out the provisions of the
Continuing Disclosure Certificate shall be as set forth therein.
20. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they
may be in conflict herewith are hereby rescinded.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 77.)
*MISCELLANEOUS RESOLUTION #03033
BY: Finance Committee, Charles Moss, Chairperson
IN RE: TREASURER - DRAIN COMMISSIONER – PEBBLE CREEK DRAINAGE DISTRICT
REFUNDING BONDS - FULL FAITH AND CREDIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Pebble Creek Drainage District previously has issued its Drain Bonds, dated November 1,
1991 (the "Drain Bonds") in the principal amount of $3,540,000, and this Board of Commissioners, by
Resolution No. 91210 adopted on September 26, 1991, pledged the full faith and credit of the County of
Oakland for the prompt payment of the principal of and interest on the Drain Bonds; and
WHEREAS the Drainage Board for the Pebble Creek Drain (the "Drainage Board"), by resolution adopted
on February 25, 2003, authorized and provided for the issuance by the Pebble Creek Drainage District of
its Refunding Bonds, Series 2003 (the "Refunding Bonds"), in the aggregate principal amount of not to
exceed $2,450,000 to refund all or a portion of the Drain Bonds maturing in the years 2004 through 2011;
and
WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to
exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal
amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage
Board at the time of sale; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of
and interest on the Refunding Bonds; and
WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve
debt service savings for the City of Farmington Hills and the County.
NOW THEREFORE BE IT RESOLVED:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as
amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and
credit of the County for the prompt payment of the principal of and interest on the Refunding
Bonds and agrees that, in the event the City of Farmington Hills or the County shall fail or neglect
to account to the County Treasurer of the County for the amount of any special assessment
installment and interest when due, the amount thereof shall be advanced immediately from
County funds, and the County Treasurer is directed to make such advancement to the extent
necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out
of County funds all or any part of an installment and interest, it shall be the duty of the County
Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
remedies permitted or authorized by law for the reimbursement of such sums so paid.
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66
3. The County Treasurer is authorized and directed, if necessary, to file a qualifying
statement with the Department of Treasury of the State of Michigan or make application to the
Department of Treasury of the State of Michigan on behalf of the County for permission to issue
and sell the Refunding Bonds.
4. The County Treasurer is authorized to approve the circulation of a preliminary and final
official statement for the Refunding Bonds, to cause the preparation of those portions of the
preliminary and final official statement that pertain to the County, and to do all other things
necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934,
as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such
certificates and to do all other things that are necessary to effectuate the sale and delivery of the
Refunding Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in the name and on
behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b) (5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the "Continuing
Disclosure Certificate",) The County hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 77.)
*MISCELLANEOUS RESOLUTION #03034
BY: Finance Committee, Charles Moss, Chairperson
IN RE: TREASURER - DRAIN COMMISSIONER – ACACIA PARK CSO DRAINAGE DISTRICT
REFUNDING BONDS - FULL FAITH AND CREDIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Acacia Park CSO Drainage District previously has issued its Drain Bonds, Series 1994B
dated August 1, 1994 in the original principal amount of $875,000 and its Drain Bonds, Series 1995C
dated April 1, 1995 in the original principal amount of $4,400,000 (collectively, the "Drain Bonds"), and
this Board of Commissioners, by Resolution No. 94160 adopted on May 26, 1994, and Resolution #95052
adopted on March 2, 1995 pledged the full faith and credit of the County of Oakland for the prompt
payment of the principal of and interest on the Drain Bonds; and
WHEREAS the Drainage Board for the Acacia Park CSO Drain (the "Drainage Board"), by resolution
adopted on February 25, 2003, authorized and provided for the issuance by the Acacia Park CSO
Drainage District of its Refunding Bonds, Series 2003 (the "Refunding Bonds"), in the aggregate principal
amount of not to exceed $4,400,000 to refund all or a portion of the Drain Bonds maturing in the years
2003 through 2014; and
WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to
exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal
amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage
Board at the time of sale; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of
and interest on the Refunding Bonds; and
WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve
debt service savings for the City of Birmingham, the Village of Beverly Hills and the County.
NOW THEREFORE BE IT RESOLVED:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as
amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and
credit of the County for the prompt payment of the principal of and interest on the Refunding
Bonds and agrees that, in the event the City of Birmingham, the Village of Beverly Hills or the
Commissioners Minutes Continued. March 6, 2003
67
County shall fail or neglect to account to the County Treasurer of the County for the amount of
any special assessment.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out
of County funds all or any part of an installment and interest, it shall be the duty of the County
Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
remedies permitted or authorized by law for the reimbursement of such sums so paid.
3. The County Treasurer is authorized and directed, if necessary, to file a qualifying
statement with the Department of Treasury of the State of Michigan or make application to the
Department of Treasury of the State of Michigan on behalf of the County for permission to issue
and sell the Refunding Bonds.
4. The County Treasurer is authorized to approve the circulation of a preliminary and final
official statement for the Refunding Bonds, to cause the preparation of those portions of the
preliminary and final official statement that pertain to the County, and to do all other things
necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934,
as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such
certificates and to do all other things that are necessary to effectuate the sale and delivery of the
Refunding Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in the name and on
behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b) (5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the "Continuing
Disclosure Certificate,) The County hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 77.)
*MISCELLANEOUS RESOLUTION #03035
BY: Finance Committee, Charles Moss, Chairperson
IN RE: TREASURER – BLOOMFIELD HILLS CSO DRAINAGE DISTRICT, DRAIN REFUNDING
BONDS, SERIES 2003 – FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Bloomfield Hills CSO Drainage District previously has issued its Drain (LTGO) Bonds,
Series 1994A, dated October 1, 1994 (the “Drain Bonds”), in the original principal amount of $1,300,000,
and this Board of Commissioners pledged the full faith and credit of the County of Oakland for the prompt
payment of the principal and interest on the Drain Bonds; and
WHEREAS the Drainage Board for the Bloomfield Hills CSO Drain, by resolution adopted on February
25, 2003, authorized and provided for the issuance by the Bloomfield Hills CSO Drainage District of its
Drain Refunding Bonds, Series 2003 (the “Refunding Bonds”) in the aggregate principal amount of not to
exceed $1,300,000 to refund the Drain Bonds maturing in the years 2004 through 2016; and
WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to
exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal
amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage
Board at the time of sale; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the “County”) for the payment of the principal of
and interest on the Refunding Bonds; and
WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve
debt service savings for the City of Bloomfield Hills.
Commissioners Minutes Continued. March 6, 2003
68
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as
amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and
credit of the County for the prompt payment of the principal of and interest on the Refunding
Bonds and agrees.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out
of County funds all or any part of an installment and interest, it shall be the duty of the County
Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
remedies permitted or authorized by law for the reimbursement of such sums so paid.
3. The County Executive, if necessary, is authorized to file with the Department of Treasury
of the State of Michigan on behalf of the County an Application for State Treasurer’s Approval to
Issue Bonds with respect to the Refunding Bonds.
4. The County Treasurer is authorized to approve the circulation of a preliminary and final
official statement for the Refunding Bonds, to cause the preparation of those portions of the
preliminary and final official statement that pertain to the County, and to do all other things
necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934,
as amended (the “Rule”). The County Treasurer is authorized to execute and deliver such
certificates and to do all other things that are necessary to effectuate the sale and delivery of the
Refunding Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in the name and on
behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the “Continuing
Disclosure Certificate”). The County hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 77.)
*MISCELLANEOUS RESOLUTION #03036
BY: Finance Committee, Charles Moss, Chairperson
IN RE: TREASURER – CHESTER DRAINAGE DISTRICT, DRAIN REFUNDING BONDS, SERIES 2003
– FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Chester Drainage District previously has issued its Drain (LTGO) Bonds, dated February
1, 1995 (the “Drain Bonds”), in the original principal amount of $2,450,000, and this Board of
Commissioners pledged the full faith and credit of the County of Oakland for the prompt payment of the
principal and interest on the Drain Bonds; and
WHEREAS the Drainage Board for the Chester Drain, by resolution adopted on February 25, 2003,
authorized and provided for the issuance by the Chester Drainage District of its Drain Refunding Bonds,
Series 2003 (the “Refunding Bonds”) in the aggregate principal amount of not to exceed $1,950,000 to
refund the Drain Bonds maturing in the years 2005 through 2014; and
WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to
exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal
amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage
Board at the time of sale; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the “County”) for the payment of the principal of
and interest on the Refunding Bonds; and
Commissioners Minutes Continued. March 6, 2003
69
WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve
debt service savings for the City of Rochester Hills.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as
amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and
credit of the County for the prompt payment of the principal of and interest on the Refunding
Bonds and agrees that, in the event the City of Rochester Hills shall fail or neglect to account to
the County Treasurer of the County for the amount of any special assessment installment and
interest when due, the amount thereof shall be advanced immediately from County funds, and the
County Treasurer is directed to make such advancement to the extent necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out
of County funds all or any part of an installment and interest, it shall be the duty of the County
Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
remedies permitted or authorized by law for the reimbursement of such sums so paid.
3. The County Executive, if necessary, is authorized to file with the Department of Treasury
of the State of Michigan on behalf of the County an Application for State Treasurer’s Approval to
Issue Bonds with respect to the Refunding Bonds.
4. The County Treasurer is authorized to approve the circulation of a preliminary and final
official statement for the Refunding Bonds, to cause the preparation of those portions of the
preliminary and final official statement that pertain to the County, and to do all other things
necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934,
as amended (the “Rule”). The County Treasurer is authorized to execute and deliver such
certificates and to do all other things that are necessary to effectuate the sale and delivery of the
Refunding Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in the name and on
behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the “Continuing
Disclosure Certificate”). The County hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 77.)
*MISCELLANEOUS RESOLUTION #03037
BY: Finance Committee, Charles Moss, Chairperson
IN RE: TREASURER – CRAKE DRAINAGE DISTRICT, DRAIN REFUNDING BONDS, SERIES 2003 –
FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Crake Drainage District previously has issued its (LTGO) Drain Bonds, dated August 1,
1991 (the “Drain Bonds”), in the original principal amount of $1,940,000, and this Board of
Commissioners pledged the full faith and credit of the County of Oakland for the prompt payment of the
principal and interest on the Drain Bonds; and
WHEREAS the Drainage Board for the Crake Drain, by resolution adopted on February 25, 2003,
authorized and provided for the issuance by the Crake Drainage District of its Drain Refunding Bonds,
Series 2003 (the “Refunding Bonds”) in the aggregate principal amount of not to exceed $1,400,000 to
refund the Drain Bonds maturing in the years 2004 through 2011; and
WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to
exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal
Commissioners Minutes Continued. March 6, 2003
70
amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage
Board at the time of sale; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the “County”) for the payment of the principal of
and interest on the Refunding Bonds; and
WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve
debt service savings for the City of Rochester Hills, the County and the State of Michigan.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as
amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and
credit of the County for the prompt payment of the principal of and interest on the Refunding
Bonds and agrees that, in the event the City of Rochester Hills, the County, or the State of
Michigan shall fail or neglect to account to the County Treasurer of the County for the amount of
any special assessment installment and interest when due, the amount thereof shall be advanced
immediately from County funds, and the County Treasurer is directed to make such advancement
to the extent necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out
of County funds all or any part of an installment and interest, it shall be the duty of the County
Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
remedies permitted or authorized by law for the reimbursement of such sums so paid.
3. The County Executive, if necessary, is authorized to file with the Department of Treasury
of the State of Michigan on behalf of the County an Application for State Treasurer’s Approval to
Issue Bonds with respect to the Refunding Bonds.
4. The County Treasurer is authorized to approve the circulation of a preliminary and final
official statement for the Refunding Bonds, to cause the preparation of those portions of the
preliminary and final official statement that pertain to the County, and to do all other things
necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934,
as amended (the “Rule”). The County Treasurer is authorized to execute and deliver such
certificates and to do all other things that are necessary to effectuate the sale of the Refunding
Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in the name and on
behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the “Continuing
Disclosure Certificate”). The County hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 77.)
*MISCELLANEOUS RESOLUTION #03038
BY: Finance Committee, Charles Moss, Chairperson
IN RE: TREASURER – CADDELL DRAINAGE DISTRICT, DRAIN REFUNDING BONDS, SERIES 2003
– FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Caddell Drainage District previously has issued its Drain (LTGO) Bonds, Series 1994,
dated September 1, 1994 (the “Drain Bonds”), in the original principal amount of $2,730,000, and this
Board of Commissioners pledged the full faith and credit of the County of Oakland for the prompt
payment of the principal and interest on the Drain Bonds; and
Commissioners Minutes Continued. March 6, 2003
71
WHEREAS the Drainage Board for the Caddell Drain, by resolution adopted on February 25, 2003,
authorized and provided for the issuance by the Caddell Drainage District of its Drain Refunding Bonds,
Series 2003 (the “Refunding Bonds”) in the aggregate principal amount of not to exceed $2,100,000 to
refund the Drain Bonds maturing in the years 2003 through 2014; and
WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to
exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal
amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage
Board at the time of sale; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the “County”) for the payment of the principal of
and interest on the Refunding Bonds; and
WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve
debt service savings for the City of Farmington, the City of Farmington Hills, the City of Novi, the County
and the State of Michigan.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as
amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and
credit of the County for the prompt payment of the principal of and interest on the Refunding
Bonds and agrees that, in the event the City of Farmington, the City of Farmington Hills, the City
of Novi, the County, or the State of Michigan shall fail or neglect to account to the County
Treasurer of the County for the amount of any special assessment installment and interest when
due, the amount thereof shall be advanced immediately from County funds, and the County
Treasurer is directed to make such advancement to the extent necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out
of County funds all or any part of an installment and interest, it shall be the duty of the County
Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
remedies permitted or authorized by law for the reimbursement of such sums so paid.
3. The County Executive, if necessary, is authorized to file with the Department of Treasury
of the State of Michigan on behalf of the County an Application for State Treasurer’s Approval to
Issue Bonds with respect to the Refunding Bonds.
4. The County Treasurer is authorized to approve the circulation of a preliminary and final
official statement for the Refunding Bonds, to cause the preparation of those portions of the
preliminary and final official statement that pertain to the County, and to do all other things
necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934,
as amended (the “Rule”). The County Treasurer is authorized to execute and deliver such
certificates and to do all other things that are necessary to effectuate the sale and delivery of the
Refunding Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in the name and on
behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the “Continuing
Disclosure Certificate”). The County hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 77.)
Commissioners Minutes Continued. March 6, 2003
72
*MISCELLANEOUS RESOLUTION #03039
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: COUNTY EXECUTIVE/ARTS, CULTURE AND FILM – MICHIGAN COUNCIL FOR ARTS AND
CULTURAL AFFAIRS BY FISCAL YEAR 2003 ADMINISTRATION PROGRAM GRANT APPLICATION
AND ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County an additional
$13,700 for Fiscal Year 2003 for the Michigan Council for Arts and Cultural Affairs Grant Agreement for
Arts Services for Administrative Services; and
WHEREAS this grant must be matched on a dollar for dollar basis from local and private contributions
paid to and received by County Executive/Arts, Culture and Film General Fund; and
WHEREAS the Fiscal Year 2002 Michigan Council for Arts and Cultural Affairs reflected funding in the
amount of $14,000; and
WHEREAS the Fiscal Year 2003 Michigan Council for Arts and Cultural Affairs reflects a total funding
amount of $13,700 which is a $300 (2.14%) decrease over the previous agreement; and
WHEREAS the acceptance of this grant does not obligate the County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
additional $13,700 for Fiscal Year 2003 Michigan Council for Arts and Cultural Affairs Grant Agreement
for Arts Services for Administrative Services in the amount of $13,700 for the period October 1, 2002
through October 31, 2003.
BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued funding.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Contract Review – Office of Arts, Culture and Film and Grant Agreement for Arts Services on file
in County Clerk’s office.
FISCAL NOTE (MISC. #03039)
BY: Finance Committee, Charles Moss, Chairperson
IN RE: COUNTY EXECUTIVE/ARTS, CULTURE AND FILM – MICHIGAN COUNCIL FOR ARTS AND
CULTURAL AFFAIRS BY FISCAL YEAR 2003 ADMINISTRATION PROGRAM GRANT APPLICATION
AND 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 Council for Arts and Cultural Affairs has awarded Oakland County $13,700
for Fiscal Year 2003 for the Michigan Council for Arts and Cultural Affairs Administration
Program Grant Agreement for Administrative Services.
2. The total funding amount of $13,700 is a $300 (2.14%) decrease from the previous Fiscal
Year 2002 Michigan Council for Arts and Cultural Affairs grant award.
3. County in-kind match consists of local and private contributions received and expended
by the County Executive/Arts Culture and Film General Fund.
4. Acceptance of this grant does not obligate the County to any future commitment.
5. A budget amendment to the FY 2003 Special Revenue budget is recommended as
follows:
Revenue FY 2003
11-100999-01000-0171 Grants - State $13,700
Expenditures
11-200999-01000-3196 Miscellaneous $13,700
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 77.)
Commissioners Minutes Continued. March 6, 2003
73
*MISCELLANEOUS RESOLUTION #03040
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: COUNTY EXECUTIVE/ARTS, CULTURE AND FILM – MICHIGAN COUNCIL FOR ARTS AND
CULTURAL AFFAIRS FISCAL YEAR 2003 REGRANTING PROGRAM GRANT APPLICATION AND
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $68,900 for
Fiscal Year 2003 for the Michigan Council for Arts and Cultural Affairs Regranting Program Grant; and
WHEREAS $68,900 is awarded for redistribution to arts and cultural organizations; and
WHEREAS the Fiscal Year 2002 Michigan Council for Arts and Cultural Affairs Regranting Program
reflected funding in the amount of $70,200; and
WHEREAS the Fiscal Year 2003 Michigan Council for Arts and Cultural Affairs Regranting Program
reflects a total funding amount of $68,900 which is a $1,300 (1.85%) decrease over the previous
agreement; and
WHEREAS no County match or additional positions are required; and
WHEREAS the acceptance of this grant does not obligate the County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Fiscal Year 2003 Michigan Council for Arts and Cultural Affairs Regranting Program Grant in the amount
of $68,900 for the period October 1, 2002 through October 31, 2003.
BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued funding.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Contract Review – Office of Arts, Culture and Film and Grant Agreement for Arts Services on file
in County Clerk’s office.
FISCAL NOTE (MISC. #03040)
BY: Finance Committee, Charles Moss, Chairperson
IN RE: COUNTY EXECUTIVE/ARTS, CULTURE AND FILM – MICHIGAN COUNCIL FOR ARTS AND
CULTURAL AFFAIRS BY FISCAL YEAR 2003 REGRANTING PROGRAM GRANT APPLICATION AND
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 Council for Arts and Cultural Affairs has awarded Oakland County $68,900 for
Fiscal Year 2003 for the Michigan Council for Arts and Cultural Affairs Regranting Program
Grant.
2. The total funding amount of $68,900 is a decrease of ($1,300) (1.85%) from the previous
Fiscal Year 2002 Michigan Council for Arts and Cultural Affairs Regranting Program grant
award.
3. The sum of $68,900 is awarded for redistribution to arts organizations.
4. No County match or additional positions are required.
5. Acceptance of this grant does not obligate the County to any future commitment.
6. A budget amendment to the FY 2003 Special Revenue account is recommended as follows:
Revenue FY 2002
11-100999-01000-0155 Art Council $68,900
Expenditures
11-200999-01000-3460 Regranting Program $68,900
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 77.)
Commissioners Minutes Continued. March 6, 2003
74
*MISCELLANEOUS RESOLUTION #03041
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT -
2003 GRANT PROGRAM ACCEPTANCE – DESIGN RELOCATION OF RUNWAY 18/36, NORTH T-
HANGAR AREA AND PERIMETER ROAD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract
No. 2003-0134, Project No. B-26-0079-3302, for Federal funds in the amount of $193,500, and State
funds in the amount of $10,750, for the development and improvement of Oakland County International
Airport; and
WHEREAS the project consists of consultant design for the relocation of Runway 18/36, north T-hangar
area and perimeter road; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and
WHEREAS the development project as offered and approved by the Michigan Department of
Transportation requires a local grant match of $10,750, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed and approved the grant contract subject to ratification by
the Oakland County Board of Commissioners and believes it to be in the County's interest to accept the
grant contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and
WHEREAS no application was requested from Oakland County, therefore the application provisions of
M.R. #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant contract in an amount not to exceed $215,000.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the grant contract.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Contract for a Federal/State/Local Airport Project Under the Block Grant Program and Exhibit 1
on file in County Clerk’s office.
FISCAL NOTE (MISC. #03041)
BY: Finance Committee, Charles Moss, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT -
2003 GRANT PROGRAM ACCEPTANCE – DESIGN RELOCATION OF RUNWAY 18/36, NORTH T-
HANGAR AREA AND PERIMETER ROAD
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 received the Michigan Department of Transportation Grant Contract,
Project No. 2003-0134, Project No. B-26-0079-3302, for Federal funds for the
development and improvement of the Oakland County International Airport.
2. The project consists of Consultant design for the relocation of Runway 18/36, north T-
Hangar area and Perimeter Road.
3. The total amount of the project is $215,000.
4. The grant includes Federal funding of $193,500, State funding of $10,750 and local grant
match of $10,750.
5. The total grant contract is not to exceed $215,000.
6. The Michigan Department of Transportation shall act as agent on behalf of the County in
the administration of the project.
Commissioners Minutes Continued. March 6, 2003
75
7. The Oakland County grant match in the amount of $10,750 will be paid from existing
Airport Fund resources. No budget amendment is required at this time as the grant is a
capital grant, and the $10,750 grant match will be part of the asset.
FINANCE COMMITTEE
*MISCELLANEOUS RESOLUTION #03042
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT -
2003 GRANT PROGRAM ACCEPTANCE – DESIGN AND CONSTRUCT GROUND RUNUP
ENCLOSURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract
No. 2003-0156, Project No. C-26-0079-3001, for Federal funds in the amount of $2,388,600, and State
funds in the amount of $132,700, for the development and improvement of Oakland County International
Airport; and
WHEREAS the project consists of the design and construction of a ground runup enclosure; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and
WHEREAS the development project as offered and approved by the Michigan Department of
Transportation requires a local grant match of $132,700, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed and approved the grant contract subject to ratification by
the Oakland County Board of Commissioners and believes it to be in the County's interest to accept the
grant contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and
WHEREAS no application was requested from Oakland County, therefore the application provisions of
Miscellaneous Resolution #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant contract in an amount not to exceed $2,654,000.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the grant contract.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Contract for a Federal/State/Local Airport Project Under the Block Grant Program and Exhibit 1
on file in County Clerk’s office.
FISCAL NOTE (MISC. #03042)
BY: Finance Committee, Charles Moss, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT -
2003 GRANT PROGRAM ACCEPTANCE – DESIGN AND CONSTRUCT GROUND RUNUP
ENCLOSURE
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 received the Michigan Department of Transportation Grant Contract,
Project No. 2003-0156, Project No. C-26-0079-3001, for Federal funds for the
development and improvement of the Oakland County International Airport.
2. The project consists of design and construction of a ground runup enclosure.
3. The total amount of the project is $2,654,000.
4. The grant includes Federal funding of $2,388,600, State funding of $132,700 and local
grant match of $132,700.
5. The total grant contract is not to exceed $2,654,000.
Commissioners Minutes Continued. March 6, 2003
76
6. The Michigan Department of Transportation shall act as agent on behalf of the County in
the administration of the project.
7. The Oakland County grant match in the amount of $132,700 will be paid from existing
Airport Fund resources. No budget amendment is required at this time as the grant is a
capital grant, and the $132,700 grant match will be part of the asset.
FINANCE COMMITTEE
(The vote for this motion appears on page 77.)
*MISCELLANEOUS RESOLUTION #03026
BY: General Government Committee, William Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2003 DEVELOPMENT
APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all data processing development cost is incorporated as a single appropriation within the non-
departmental budget and then an amount equal to the actual expense is transferred to the user
department with a summary report to the Finance Committee; and
WHEREAS the Department of Information Technology has determined the First Quarter 2003 data
processing development charges to be $1,447,540.47 and the imaging development charge to be
$80,352.00 for the General Fund/General Purpose County departments; and
WHEREAS direct charges to Special Revenue and Proprietary fund departments are $103,575.00 and
non-county agencies are $0 for the First Quarter 2003; and
WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to
fund these development charges.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed
the First Quarter 2003 Data Processing Development Report and approves the First Quarter
appropriation transfer as specified on the attached schedule.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Information Technology Data Processing Development Summary 1st Quarter, 2003 and
Information Technology – Reserve Fund Development/Support Detail – First Quarter, 2003 on file in
County Clerk’s office.
FISCAL NOTE (MISC. #03026)
BY: Finance Committee, Charles Moss, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2003 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 First Quarter 2003
Development cost to benefiting departments.
2. The first quarter data processing development charges are $1,447,540.47; imaging
development charges are $80,352.00 for General Fund/General Purpose departments; direct
charges to Special Revenue and Proprietary fund departments are $103,575.00 and charges
to non-county agencies are $0.
3. The respective departmental Fiscal Year 2003 budgets are to be amended as specified in the
attached detail schedule.
FINANCE COMMITTEE
Commissioners Minutes Continued. March 6, 2003
77
Vote on resolutions on the Consent Agenda:
AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long,
McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Zack,
Bullard, Coleman. (23)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted.
MISCELLANEOUS RESOLUTION #03043
BY: Finance Committee, Charles Moss, Chairperson
IN RE: AMENDMENT TO THE FISCAL YEAR 2003 GENERAL APPROPRIATIONS ACT AND THE
FISCAL YEAR 2003 AND FISCAL YEAR 2004 BUDGET
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Miscellaneous Resolution #02233, dated September 19, 2002, the Board of
Commissioners adopted the FY 2003 General Appropriations Act and the FY 2003 and FY 2004 Biennial
Budget Plans; and
WHEREAS the adopted FY 2003 budget was balanced as required by law; and
WHEREAS the adopted FY 2004 Budget Plan included a $14 million “budget task” (hereinafter "Phase 1
budget task") reflecting, as of that date, the amount of expenditure reductions and/or revenue increases
Oakland County had to secure in order to achieve a balanced FY 2004 budget; and
WHEREAS in an effort to both maintain the FY 2003 budget balance and help reduce the FY 2004 Phase
1 budget task, the County Executive, in cooperation with the Board of Commissioners and all County-
wide elected officials, initiated a hiring freeze for all General Fund/General Purpose positions not
requiring 24/7 staffing and authorized use of Merit System Rule 13.3.9, Administrative Leave Without
Pay, for Budget Purposes provisions; and
WHEREAS in a further effort to meet FY 2004 Phase 1 budget task targets, the County Executive
proposed, and the Board of Commissioners adopted Miscellaneous Resolution #02236, creating the
Incentive Program for Retirement; and
WHEREAS since the adoption of the FY 2003 budget, consistent with both national and state economic
trends, County employee health care costs have substantially increased, investment income has
decreased and property tax revenue growth slowed, thereby increasing the FY 2004 budget challenge
and creating a new "Phase 2" budget task; and
WHEREAS the Uniform Budgeting and Accounting Act, 1968 P.A. 2, as amended, requires Oakland
County to maintain a balanced budget and mandates that the County Executive, upon learning that actual
revenues may be less than estimated revenues, make recommendations to the Board of Commissioners
which, if adopted, will prevent expenditures from exceeding revenues for the current fiscal year; and
WHEREAS the State is reporting significant additional FY 2003 and FY 2004 budget difficulties that will
require reductions in State appropriations during both FY 2003 and FY 2004, thus triggering the
Executive's duty under P.A. 2 to make budget adjustment recommendations; and
WHEREAS any future State reductions, including those necessitated by executive orders issued in
calendar 2002, affecting the FY 2003 state budget, but not yet applied by the State to specific programs,
are not reflected in the attached proposed budget adjustments; and
WHEREAS future State budget reductions requiring remedial Oakland County budgetary action,
hereinafter designated "Phase 3 budget tasks," will be presented to County Officials and the Board of
Commissioners when identified; and
WHEREAS in developing the attached budget recommendations, the County Executive Administration
has repeatedly met with all County-wide elected officials, Executive Department Directors and interested
County employees to inform them of the budget challenges and to obtain their assistance in developing
plans to reduced expenditures and maintain a balanced FY 2003 budget and to achieve a balanced
budget for FY 2004; and
WHEREAS all County-wide Elected Officials have cooperatively agreed to the specific appropriation
reductions and revenue enhancements attached, including the deletion of authorized positions, some of
which can be implemented on or about April 1, 2003, as indicated infra; and
WHEREAS the agreed-upon actions detailed in the attached schedules should help insure maintenance
of a balanced FY 2003 budget, should provide favorable variances in FY 2003 that can be used to offset
Commissioners Minutes Continued. March 6, 2003
78
the currently unknown but certainly anticipated State reductions in FY 2003, and should generate
favorable equity reserves that will be available to assist in meeting the FY 2004 Phase 1, 2 and 3 budget
tasks; and
WHEREAS the attached detailed budget amendments primarily address the original FY 2004 Phase 1
budget task and are recognized as an initial step in a continuing process; and
WHEREAS it is understood that the State’s budget situation will almost certainly require further County
budget adjustments in FY 2003 and FY 2004; and
WHEREAS the County Executive recommends that any FY 2003 budget savings realized through the
specific appropriation reductions and revenue enhancements listed on the attached schedules be
transferred to a temporary “Budget Transition Fund”; and
WHEREAS the County Executive recommends that all funds residing in the temporary Budget Transition
Fund be transferred to the General Fund on September 30, 2003 and used by the Board of
Commissioners to mitigate the severity of budget reductions required for FY 2003-2004; and
WHEREAS the County Executive recommends that the Board of Commissioners authorize administrative
transfer of all budget savings realized through utilization of the Administrative Leave Without Pay for
Budget Purposes Program from a General Fund non-departmental account to a departmental
Administrative Leave credit account and that the proceeds of the fund be used to maintain a balanced
budget for FY 2003 and FY 2004; and
WHEREAS the County Executive also recommends that quarterly reports detailing the status of the newly
created departmental Administrative Leave credit account be provided to the appropriate Board
committees.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
amendments to the FY 2003 General Appropriations Act and FY 2004 Budget Plan as detailed on
attached schedule C (specific personnel/position amendments) and attached schedules A, B, D and E
(specific line-item amendments).
BE IT FURTHER RESOLVED that the FY 2003 General Appropriations Act be amended to add the
following new paragraph:
“BE IT FURTHER RESOLVED that a temporary special revenue fund titled ‘Budget Transition
Fund’ is established to account for appropriation reductions and revenue enhancements
implemented in FY 2003. The resources of this fund are to be transferred to the General Fund on
September 30, 2003 and shall be used to mitigate the severity of budget reductions required to
balance the FY 2003-2004 budget”.
BE IT FURTHER RESOLVED that the FY 2003 General Appropriations Act is amended to add the
following section to paragraph #21:
“(i) The Fiscal Officer shall transfer salary and fringe benefit savings resulting from use of Merit
System Administrative Leave Without Pay provisions from departmental budgets to a
departmental Administrative Leave credit account. Quarterly reports identifying such transfers
and detailing the status of the non-departmental Administrative Leave account shall be provided
to the appropriate Board committees."
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of attached budget recommendations on file in County Clerk’s office.
REPORT (MISC. #03043)
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: AMENDMENT TO THE FISCAL YEAR 2003 GENERAL APPROPRIATIONS ACT AND THE
FISCAL YEAR 2003 AND FISCAL YEAR 2004 BUDGET
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the proposed amendments to the FY 2003 General
Appropriations Act on February 26, 2003, recommends the amendments be adopted.
Additionally, the Personnel Committee supports the attached Finance Committee Resolution.
Chairperson, on behalf of the Personnel Committee, I submit the foregoing report.
PERSONNEL COMMITTEE
Commissioners Minutes Continued. March 6, 2003
79
Moved by Moss supported by Coleman the resolution be adopted.
AYES: Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin,
Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack,
Bullard, Coleman, Coulter. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
MISCELLANEOUS RESOLUTION #03044
BY: Finance Committee, Charles Moss, Chairperson
IN RE: BOARD OF COMMISSIONERS – PROPOSED CITY OF PLEASANT RIDGE DOWNTOWN
DEVELOPMENT AUTHORITY EXPANSION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners strongly supports the economic growth of
Oakland County; and
WHEREAS some of the tools used to promote this economic growth are Downtown Development
Authorities (DDAs), Tax Increment Finance Authorities (TIFAs) and Local Development Finance
Authorities (LDFAs); and
WHEREAS in order to review requests from the County’s cities, villages and townships to establish and
amend DDAs, TIFAs and LDFAs, the Board of Commissioners, pursuant to Miscellaneous Resolution
#01002, established the Tax Increment Financing (TIF) District Review Policy Ad Hoc Committee; this
Committee evaluates and makes recommendations to the Finance Committee regarding the County’s
participation in proposed authorities and amendments; and
WHEREAS the City of Pleasant Ridge (City) submitted a proposal to expand an existing DDA; and
WHEREAS the City represents that all properties proposed for inclusion in the DDA expansion are
exempt and owned by the City; therefore, the expansion will have no effect on potential tax revenues and
no financial impact regarding loss of tax revenues to Oakland County; and
WHEREAS the City’s plan was reviewed by the TIF District Review Policy Ad Hoc Committee on
February 21, 2003; and
WHEREAS the Ad Hoc Committee recommends support of the City’s DDA expansion, provided that the
subject properties remain tax exempt.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
City of Pleasant Ridge in its DDA expansion as set forth above and in the attached agreement.
BE IT FURTHER RESOLVED that if the tax exempt status of the affected parcels should change in the
future, the City must appear before the TIF District Review Policy Ad Hoc Committee (or its successor) to
allow the County the opportunity to “opt out” of any tax capture as provided by law.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Agreement on file in County Clerk’s office.
Moved by Moss supported by Zack the resolution be adopted.
AYES: Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin,
Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack,
Bullard, Coleman, Coulter, Crawford. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
Commissioners Minutes Continued. March 6, 2003
80
MISCELLANEOUS RESOLUTION #03045
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY / CLERK/REGISTER OF DEEDS –
REVISION OF @CCESS OAKLAND MASTER FEE STRUCTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS as provided by Public Act 462 of 1996, Enhanced Access to Public Records Act, the Board of
Commissioners, by approving Miscellaneous Resolution #97165 dated August 14, 1997, adopted the
Oakland County Enhanced Access to Public Records Policy; and
WHEREAS Section 3 (FEES) of the aforementioned policy specifies that, “It is the policy of Oakland
County to charge a reasonable fee for providing enhanced access to a public record”; and
WHEREAS the policy defines “reasonable fee” as a charge calculated to enable recovery, over time, only
those operating expenses directly related to the public body’s provision of enhanced access; and
WHEREAS the policy further specifies that proposed fees shall be presented to and approved by the
Board of Commissioners before they shall be effective; and
WHEREAS the Board of Commissioners, by Miscellaneous Resolution #00026 dated February 24, 2000,
approved a Master Fee Structure for all Oakland County enhanced access products and services; and
WHEREAS a Web-based Vital Records Order product has been sponsored by the Clerk/Register of
Deeds and developed in partnership with the Department of Information Technology, to be offered to
@ccess Oakland customers as part of the strategic rollout of a comprehensive eGovernment program;
and
WHEREAS the Department of Information Technology wishes to expand the Master Fee Structure to add
only the Vital Records Order (VRO) product; and
WHEREAS the aforementioned product addition and recommended price is as follows:
Vital Records Order $20.00 per order item
WHEREAS the County Executive recommends approval of this resolution.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
revised @ccess Oakland Master Fee Structure (copy attached) which includes the aforementioned Vital
Records Order product being offered.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of @ccess Oakland Master Fee Structure on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #03046
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS
AND RELATED DATA TO OAKLAND SCHOOLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland Schools has requested certain geographic information systems (GIS) and related
land data for use in its projects to be conducted within the County borders; and
WHEREAS the transmission of this data should be provided pursuant to an intergovernmental agreement
and none previously existed relating to the use of this data by Oakland Schools; and
WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel; and
WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “Enter
into agreements with other governmental or quasi-governmental entities for the performance of services
jointly”; and
WHEREAS the transmission of the data would benefit the County’s residents.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the attached
intergovernmental agreement and authorize the transfer of the information cited therein, upon the review
and acceptance of the finalized Agreement by Corporation Counsel.
Commissioners Minutes Continued. March 6, 2003
81
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions
of this Agreement.
Chairperson, on behalf of the General Government Committee I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Intergovernmental Agreement between the County of Oakland and Oakland Schools on file in
County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #03047
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: INFORMATION TECHNOLOGY - GIS USE AND WAIVER OF FEE AGREEMENT PERMITTING
THE TRANSFER AND USE OF GIS AND RELATED DATA TO W.F. BAIRD AND ASSOCIATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS W.F. Baird and Associates has requested a waiver of fees for certain geographic information
systems (GIS) and related land data for use in its projects to be conducted within the County borders; and
WHEREAS the projects, performed under the direction of the Army Corps of Engineers, will benefit the
general public and provide important information regarding sediment delivery and land use and
management in Oakland County; and
WHEREAS the 1997 Enhanced Access to Public Records Policy of Oakland County requires the Board of
Commissioners to approve the waiver of fees; and
WHEREAS the data will be provided to W.F. Baird and Associates pursuant to a Use And Fee Waiver
Agreement, and an agreement has been drafted (as attached) by the County’s Corporation Counsel; and
WHEREAS the transmission of the data would benefit the County’s residents.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the waiver of fees and
authorize the transfer of the information cited in the Use and Fee Waiver Agreement.
Chairperson, on behalf of the General Government Committee I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of GIS Use and Waiver of Fee Agreement between the County of Oakland and W.F. Baird and
Associates on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #03048
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: INFORMATION TECHNOLOGY – AMENDMENT TO @CCESS OAKLAND USER
AGREEMENT – TOYOTA MAPMASTER, INC.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Toyota MapMaster Inc. has requested an amendment to the @ccess Oakland User
Agreement so that certain geographic information system (GIS) and related land data can be used in its
vehicle navigation projects; and
WHEREAS the data will be provided to Toyota MapMaster Inc. pursuant to an Amendment to @ccess
Oakland User Agreement, and an agreement has been drafted (as attached) by the County’s Corporation
Counsel; and
WHEREAS the County will be provide certain geographic information system (GIS) and related land data
to Toyota MapMaster Inc. pursuant to the fees set forth in the @ccess Oakland Fee Schedule, and
WHEREAS the 1997 Enhanced Access to Public Records Policy of Oakland County requires the Board of
Commissioners to approve amendments to the User Agreement.
Commissioners Minutes Continued. March 6, 2003
82
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the Amendment to the
@ccess Oakland User Agreement and authorize the transfer of the information cited in the Amendment to
@ccess Oakland User Agreement.
Chairperson, on behalf of the General Government Committee I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Amendment to @ccess Oakland User Agreement by the County of Oakland and Toyota
MapMaster Inc. on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #03050
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS - SPECIAL ELECTION, DISTRICT #3
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS with the resignation of Lawrence A. Obrecht, effective March 3, 2003, a vacancy exists in the
3rd Oakland County Commissioner District; and
WHEREAS vacancies in the office of Commissioner which occur in odd-numbered years shall be filled by
special elections, and such elections shall be called by the County Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby calls for
a Special Election to fill the vacancy which exists in the 3rd Oakland County Commissioner District, and
requests that County Clerk and the Election Scheduling Commission to immediately implement the
attached schedule for a Special Primary Election on May 6, 2003, and a Special Election to be held on
June 17, 2003, to fill said vacancy.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Special Election Schedule County Commissioner – District 3 on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
The Chairperson turned the meeting over to Vice-Chairperson David Moffitt and abstained from voting on
Miscellaneous Resolution #03049.
REPORT (MISC. #03049)
BY: Finance Committee, Charles Moss, Chairperson
IN RE: BOARD OF COMMISSIONERS – AWARD OF PROFESSIONAL SERVICES CONTRACT FOR
GOVERNMENT RELATIONS CONSULTING FIRM TO STRATEGIC PUBLIC AFFAIRS, LLC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, recommends, having reviewed the above-referenced resolution, reports that
sufficient funds are available in the FY 2003 Board of Commissioners’ budget. No additional
appropriation is required.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
Commissioners Minutes Continued. March 6, 2003
83
MISCELLANEOUS RESOLUTION #03049
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS - AWARD OF PROFESSIONAL SERVICES CONTRACT FOR
GOVERNMENT RELATIONS CONSULTING FIRM TO STRATEGIC PUBLIC AFFAIRS, LLC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS issues arise before the Governor and the State legislature which have significant impact to
local units of government within the State of Michigan; and
WHEREAS over the past several years, several such issues have been debated at the state level which
have far reaching consequences for the citizens of Oakland County; and
WHEREAS County Commissioners need an increased ability to present their views on vital issues
impacting Oakland County residents, providing a more intensive coordinated and focused legislative
consulting effort has been necessary to sufficiently inform government officials at the State of the
concerns of the Board of Commissioners regarding proposed laws, statutes, public acts, regulations, and
executive and administrative orders; and
WHEREAS the Board of Commissioners has had a contract with a multi-client government relations
consulting firm since 1995 to represent the interests of the Board before the Governor and the State
Legislature; and
WHEREAS the Board of Commissioners is currently without the services of a government relations
consulting firm; and
WHEREAS the Board of Commissioners per Miscellaneous Resolution #03014 established a study group
to interview applicants and make a recommendation to the General Government Committee; and
WHEREAS Miscellaneous Resolution #03014 also states the General Government Committee will make
one (1) recommendation to the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an
award of a contract to the firm of Strategic Public Affairs, LLC of Novi, Michigan, for the purpose of
actively representing the interests of Oakland County as determined by the Board of Commissioners on
those issues before the Governor and the State Legislature, including, but not limited to, proposed laws,
statutes, public acts, regulations, and executive and administrative orders, that the Board deems
appropriate.
BE IT FURTHER RESOLVED that this contract shall be for an amount not to exceed $48,000.00
annually, to be paid in equal monthly amounts of $4,000.00, and that this contract shall terminate on
December 31, 2004, unless otherwise agreed to by the parties.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be authorized to
execute the above-referenced professional services contract on behalf of the Board of Commissioners.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Oakland County Department of Management and Budget Purchasing Division Professional
Service Contract and Exhibit II on file in County Clerk’s office.
Moved by Patterson supported by Palmer the resolution be adopted.
Moved by Moss supported by Long the Finance Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Discussion followed.
Commissioners Minutes Continued. March 6, 2003
84
Vote on resolution:
AYES: Gregory, Jamian, Knollenberg, Kowall, Long, Middleton, Moffitt, Moss, Palmer, Patterson,
Potter, Rogers, Webster, Bullard, Crawford. (15)
NAYS: Hatchett, McMillin, Scott, Suarez, Zack, Coleman, Coulter, Douglas. (8)
ABSTAINED: Law. (1)
A sufficient majority having voted therefore, the resolution was adopted.
Vice-Chairperson David Moffitt turned the meeting back over to Chairperson Thomas A. Law.
MISCELLANEOUS RESOLUTION #03027
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: PERSONNEL DEPARTMENT - FISCAL YEAR 2003 EXTENSION OF THE LABOR
AGREEMENT FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNCIPAL EMPLOYEES (AFSCME) COUNCIL 25, LOCAL 2720
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and AFSCME Local 2720, have agreed to extend the provisions of the
current collective bargaining agreement covering approximately four Board of Commissioner employees;
and
WHEREAS this agreement provides for 1.5% increase with the pay period beginning September 21,
2002, and a 1.5% increase with the pay period beginning March 22, 2003; and
WHEREAS this agreement further provides for any benefit modifications to take effect during fiscal year
2003 for non represented employees, be applied to members of this bargaining unit at the same time and
in the same manner as provided to the non-represented employees; and
WHEREAS the agreement regarding a one year extension has been reached for the period October 1,
2002, through September 30, 2003, and said agreement has been reduced to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends
approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and AFSCME Local 2720, covering the period of October 1,
2002, through September 30, 2003, and that the Board Chairperson, on behalf of the County of Oakland,
is authorized to execute said agreement as attached.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Memorandum of Agreement on file in County Clerk’s office.
FISCAL NOTE (MISC. #03027)
BY: Finance Committee, Charles Moss, Chairperson
IN RE: PERSONNEL DEPARTMENT - FISCAL YEAR EXTENSION OF THE LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES (AFSCME) COUNCIL 25, LOCAL 2720
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The County of Oakland and AFSCME Local 2720 have agreed to extend the provisions of the
current collective bargaining agreement covering approximately four (4) Board of
Commissioner employees.
2. The one-year contract extension is for the period October 1, 2002 through September 30,
2003. The agreement provides for a 1.5% increase with the pay period beginning September
21, 2002, and a 1.5% increase with the pay period beginning March 22, 2003 consistent with
benefit modifications applied at the same time and in the same manner as provided to non-
represented employees.
Commissioners Minutes Continued. March 6, 2003
85
3. Sufficient Funds have been set aside for this agreement during the FY 2003 budget process.
No budget amendment is required.
FINANCE COMMITTEE
Moved by Middleton supported by Kowall the resolution be adopted.
AYES: Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss,
Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard, Coleman, Coulter,
Crawford, Douglas, Gregory. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
MISCELLANEOUS RESOLUTION #03051
BY: Personnel Committee, Thomas Middleton, Chairperson
IN RE: PERSONNEL DEPARTMENT – FISCAL YEAR 2003 EXTENSION OF THE LABOR
AGREEMENT FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS ASSOCIATION
OF MICHIGAN (COA)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Command Officers Association of Michigan have agreed to
extend the provisions of the current collective bargaining agreement covering approximately 96 Sheriffs
Command Officers; and
WHEREAS this agreement provides for a 3% increase beginning with the pay period beginning
December 28, 2002; and
WHEREAS the agreement regarding a one year extension has been reached for the period October 1,
2002, through September 30, 2003, and said agreement has been reduced to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends
approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and the Command Officers Association of Michigan, covering
the period of October 1, 2002, through September 30, 2003, and that the Board Chairperson, on behalf of
the County of Oakland, is authorized to execute said agreement as attached.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Memorandum of Agreement on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #03028
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS FOR PURCHASE OF 200 OF THE
ADVANCED TASER M26
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 $659,273.79 (balance as of 1/31/03) as a result of Sheriff’s Office
forfeiture efforts; and
WHEREAS the Sheriff is requesting that a portion of these funds be used to purchase two hundred (200)
Advanced Taser M26 at the estimated cost of $145,000 (see attached Schedule A); and
WHEREAS this equipment and supplies will be used by the Sheriff’s Office to enhance law enforcement
efforts in compliance with state law.
Commissioners Minutes Continued. March 6, 2003
86
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
use of $145,000 from the Sheriff’s Office Law Enforcement Enhancement Account (#101-43-223101-
20001-2853-60053) to purchase the equipment and supplies per the attached Schedule A.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Schedule A Taser Specifications on file in County Clerk’s office.
FISCAL NOTE (MISC. #03028)
BY: Finance Committee, Charles Moss, Chairperson
IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS FOR PURCHASE OF 200 OF THE
ADVANCED TASER M26
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 $659,273.79 are available in the Sheriff’s Law Enforcement Account
as of 1/31/03.
2. The Sheriff is requesting authorization to use the forfeited funds to purchase two hundred
(200) Advanced Taser M26 at the estimated cost of $145,000 (See attached Schedule A).
These purchases are being made to enhance law enforcement efforts in compliance with
state law for use of these funds.
3. Funds are held in General Ledger Account (#101-43-22301-20001-2853-60053). A budget
amendment is recommended as follows:
Dept OCA PCA Object FY 2003
Revenue
43 013601 30000 1568 Enhancement Revenue $145,000
$145,000
Expenditure
43 023601 34200 4100 Expendable Equipment $145,000
$145,000
$ -0-
FINANCE COMMITTEE
Moved by Crawford supported by McMillin the resolution be adopted.
AYES: Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer,
Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard, Coleman, Coulter, Crawford,
Douglas, Gregory, Hatchett. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
MISCELLANEOUS RESOLUTION #03052
BY: Charles Moss, District #20
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN
BLOOMFIELD TOWNSHIP – FISCAL YEARS 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
Commissioners Minutes Continued. March 6, 2003
87
WHEREAS pursuant to the Disbursement Policy, Bloomfield 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 Bloomfield Township is requesting reimbursement for expenses directly related to sewer
meter installation, sanitary sewer inspection and rehabilitation, storm water management, storm drain
inventory, downspout inventory, drainage improvements, and construction of stream bank measures; and
WHEREAS the FY 2002 and FY 2003 authorized amount of funding for Bloomfield Township is
$256,426.90 annually from the Environmental Infrastructure Fund as repayment to Bloomfield Township
for expenses incurred in connection with environmental remediation or improvement projects.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
projects submitted by Bloomfield Township as eligible for reimbursement from the Environmental
Infrastructure Fund.
BE IT FURTHER RESOLVED that the Board authorizes the FY 2002 and FY 2003 appropriations in the
amount of $256,426.90 annually from the Environmental Infrastructure Fund (Account #90-263203-
41000-3985) to repay Bloomfield Township for expenses incurred in connection with water, storm sewer
and sanitary sewer system improvements, once proper invoices are presented.
Chairperson, I move the adoption of the foregoing resolution.
CHARLES MOSS
Copy of Oakland County Environmental Infrastructure Funds and Resolution Authorizing Environmental
Infrastructure Fund Expense Reimbursement Request on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #03053
BY: William R. Patterson, District #1
IN RE: BOARD OF COMMISSIONERS – RESTORATION OF THE MI CHOICE MEDICAID WAIVER
PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 2000 Census reports there were 177,624 Oakland County residents age 60 and older, an
estimated 11,000 of whom have at least three or more limitations in their ability to perform necessary
activities of daily living and are in need of long term care assistance; and
WHEREAS a recent study of adults in Michigan conducted by W. K. Greene and Associates found that
90% of respondents think that people receiving Medicaid assistance for long term care should have the
option of choosing where to receive their services and 91% believe it is somewhat very important that the
Governor and Legislature explore lower-cost alternatives for delivering long term care services to
Medicaid residents; and
WHEREAS many disabled residents live alone, or have family caregivers who are unable to meet their
care needs without help or financial assistance; and
WHEREAS elderly and disabled residents in Oakland County should be able to receive needed long term
care in a variety of settings, such as nursing homes, county medical facilities, and community-based
options including their own home; and
WHEREAS access to long term care in nursing homes and county medical facilities is available to
persons qualified for Medicaid long term care, while the MI Choice Medicaid Waiver home care option
has been closed to Oakland County residents since 2001; and
WHEREAS the MI Choice program saves money by costing Medicaid an average of just $39 per person
per day compared to Medicaid average payments for nursing home care of $98 per day; and
WHEREAS MI Choice has contributed toward a 17% reduction in the utilization of Medicaid beds in
nursing homes over the past 10 years and can be used by the state to control expensive nursing home
costs during this time of fiscal crisis; and
WHEREAS the MI Choice program served 15,000 individuals in 2001, but will only be helping
approximately 5,000 by the end of fiscal year 2003; and
WHEREAS Michigan citizens should have the freedom to choose where they live, especially when it can
be less costly to taxpayers, rather than being forced to choose to live in a nursing home.
Commissioners Minutes Continued. March 6, 2003
88
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners calls upon the
State of Michigan to re-open Michigan’s MI Choice Medicaid Waiver program so that indigent elderly and
disabled individuals will have a community-based long term care option, and requests that Oakland
County legislators work to restore this worthwhile program.
BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to each of Oakland
County’s legislators, Governor Jennifer Granholm, the Michigan Department of Community Health
Director, Janet Olszewski, the Michigan Association of Counties, and Oakland County’s lobbyists.
Chairperson, I move the adoption of the foregoing resolution.
WILLIAM R. PATTERSON
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #03054
BY: David L. Moffitt, District #15, and Thomas A. Law, District #17
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HB 4261 TEACHER RECOGNITION TAX
CREDIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the future of our country is vested in the education and development of our youth; and
WHEREAS school teachers are the backbone of Michigan’s educational system; and
WHEREAS teachers generously give students their time, talent, encouragement and personal resources
beyond what is required; and
WHEREAS teachers often supplement their classrooms supplies with books, tapes, computer programs,
art supplies, classroom decorative material, prizes, awards and other materials purchased from their own
pockets; and
WHEREAS House Bill 4261 was introduced in the Michigan Legislature that would permit a tax credit of
up to $350 per year for expenses teachers incur by purchasing educational material out of their own
pocket.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports
House Bill 4261 and urges the Michigan Legislature to act favorably on this legislation.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners expresses its admiration
and support for Michigan’s teachers and recognizes the sacrifices they make on a daily basis on behalf of
our children.
BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Oakland County
legislative delegation, and the Michigan Association of Counties.
Chairperson, we move the adoption of the foregoing resolution.
MOFFITT, LAW, CRAWFORD, SCOTT,
POTTER, MOSS, BULLARD, KNOLLENBERG,
MIDDLETON, KOWALL, ROGERS, LONG,
HATCHETT, COULTER, ZACK, COLEMAN,
SUAREZ, GREGORY
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 12:00 p.m. to the call of the Chair or March 20, 2003, at 9:30 a.m.
G. WILLIAM CADDELL THOMAS A. LAW
Clerk Chairperson