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HomeMy WebLinkAboutMinutes - 2003.09.04 - 8331385 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES September 4, 2003 Meeting called to order by Chairperson Thomas Law at 10:29 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack. (24) ABSENT: Coleman (absent with notice). (1) Quorum present. Invocation given by Tom McMillin. Pledge of Allegiance to the Flag. Moved by Coulter supported by Rogers the minutes of the August 14, 2003, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Webster supported by Wilson the agenda be amended as follows: General Government, item s: BOARD OF COMISSIONERS – RESOLUTION IN SUPPORT OF THE PRESIDENT’S POSITION REGARDING MARRIAGE, and General Government item, u: BOARD OF COMMISSIONERS – OPPOSING HOUSE BILL NO. 4919 be moved from the Consent Agenda to the Regular agenda, and that a Public Hearing be set at the beginning of the Finance Committee reports. Vote on agenda as amended: AYES: Bullard, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack. (23) NAYS: None. (0) A sufficient majority having voted therefore, the agenda, as amended, was approved. Commissioners’ Sue Ann Douglas and David Moffitt, along with Chairperson Thomas A. Law , on behalf of the entire Oakland County Board of Commissioners, presented a proclamation recognizing Ford Motor Company for 100 years of outstanding business leadership and community involvement. Commissioners Minutes Continued. September 4, 2003 386 Commissioners’ Mattie Hatchett, Tom McMillin, and David Moffit, along Chairperson Thomas A. Law, on behalf of the entire Oakland County Board of Commissioners, presented a proclamation to the 761st Tank Battalion acknowledging and recognizing the great sacrifices made by the brave men in their quest to preserve democracy. Commissioners’ Mattie Hatchett and Tom McMillin, along with Chairperson Thomas A. Law presented a proclamation in tribute to the Pontiac Northern Huskies Boys’ High School Track and Field Team’s, along with their coach James L. Nelson, for exceptional athletic performances Jim VanLeuven presented Service Award Plaques to Commissioner Sue Ann Douglas for 10 years of service, and to Chairperson Thomas A. Law for 20 years of service as commissioners. The following people addressed the board: Deborah DeBacker, Jay Kaplan, Tom Zerafa, Erin Adriel, Reverend. Mark Bidwell, Jeffrey Montgomery, Laura Kane-Witkowski, Andrea Simpson, Darwin Parks, Bill McMaster, Christopher Markham, Anthony L. Weeks, Kimberly Nowak, and Cara Cooper. Moved by Wilson supported by Jamian the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 412). The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #03220 BY: Christine Long, District #7 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF MILFORD – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Milford has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Charter Township of Milford is requesting reimbursement for expenses directly related to the following projects: Wastewater Treatment Plant and Collection System, Stormwater Management and Landfill Monitoring Wells; and WHEREAS the FY 2003 authorized amount of funding for the Charter Township of Milford is $39,164.29 from the Environmental Infrastructure Fund as repayment to the Charter Township of Milford for expenses incurred in connection with environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Milford as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $39,164.29 from the Environmental Infrastructure Fund (Account #90-263214-41000-3985) to repay the Charter Township of Milford for expenses incurred in connection with Wastewater Treatment Plant and Collection System, Stormwater Management and Landfill Monitoring Wells projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHRISTINE LONG Copy of letter from Donald D. Green, Milford Township Supervisor and Charter Township of Milford Regular Board Meeting of May 21, 2003 on file in County Clerk’s office. Commissioners Minutes Continued. September 4, 2003 387 FISCAL NOTE (MISC. #03220) BY: Finance Committee, Chuck Moss, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF MILFORD - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Annual funding of $39,164.29 is available in the Environmental Infrastructure Fund for FY 2003 to reimburse the Charter Township of Milford for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03212) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF AUBURN HILLS - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03212 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03212 BY: Tom McMillin, District #11 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF AUBURN HILLS – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Auburn Hills has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Auburn Hills is $8,523.53 from the West Nile Virus Fund as repayment to the City of Auburn Hills for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Auburn Hills as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $8,523.53 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Auburn Hills for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. TOM McMILLIN Copy of letter from George J. Miller, M.A., Oakland County Health Division, West Nile Virus Reimbursement Request, and Attachments A, B, and C on file in County Clerk’s office. Commissioners Minutes Continued. September 4, 2003 388 FISCAL NOTE (MISC. #03212) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF AUBURN HILLS - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $8,523.53 is available in the West Nile Virus Fund for FY 2003 to reimburse the City of Auburn Hills for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03213) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ROCHESTER - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03213 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03213 BY: Sue Ann Douglas, District #12 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ROCHESTER – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Rochester has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Rochester is $3,813.64 from the West Nile Virus Fund as repayment to the City of Rochester for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Rochester as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $3,813.64 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Rochester for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. SUE ANN DOUGLAS Copy of letter from George J. Miller, M.A. Oakland County Health Division, West Nile Virus Reimbursement Request, Rochester City Council Resolution and Expense Invoices on file in County Clerk’s office. Commissioners Minutes Continued. September 4, 2003 389 FISCAL NOTE (MISC. #03213) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ROCHESTER - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $3,813.64 is available in the West Nile Virus Fund for FY 2003 to reimburse the City of Rochester for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03215) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NORTHVILLE - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03215 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03215 BY: Hugh D. Crawford, District #9 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NORTHVILLE – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Northville has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Northville is $1,191.09 from the West Nile Virus Fund as repayment to the City of Northville for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Northville as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $1,191.09 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Northville for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. HUGH CRAWFORD Copy of letter from George J. Miller, M.A. Oakland County Health Division, West Nile Virus Fund Reimbursement Request, City of Northville, Resolution Authorizing an Oakland County West Nile Virus Fund Expense Reimbursement Request, and City of Northville Mosquito Control Program on file in County Clerk’s office. Commissioners Minutes Continued. September 4, 2003 390 FISCAL NOTE (MISC. #03215) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NORTHVILLE - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $1,191.09 is available in the West Nile Virus Fund for FY 2003 to reimburse the City of Northville for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03217) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF SPRINGFIELD - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03217 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03217 BY: Bill Bullard, Jr., District #2 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF SPRINGFIELD – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Township of Springfield has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Township of Springfield is $9,238.32 from the West Nile Virus Fund as repayment to the Township of Springfield for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Springfield as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $9,238.32 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Township of Springfield for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. BILL BULLARD Copy of letter from George J. Miller, M.A. Oakland County Health Division, West Nile Virus Fund Reimbursement Request, Springfield Township Supervisor, and Attachments A, B and C on file in County Clerk’s office. Commissioners Minutes Continued. September 4, 2003 391 FISCAL NOTE (MISC. #03217) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF SPRINGFIELD - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $9,238.32 is available in the West Nile Virus Fund for FY 2003 to reimburse the Township of Springfield for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03218) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF HIGHLAND - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03218 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03218 BY: Bill Bullard, Jr., District #2 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF HIGHLAND – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Township of Highland has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Township of Highland is $11,005.62 from the West Nile Virus Fund as repayment to the Township of Highland for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Highland as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $11,005.62 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Township of Highland for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. BILL BULLARD Copy of letter from George J. Miller, M.A., Oakland County Health Division, West Nile Virus Fund Reimbursement Request, and Attachments A, B, and C on file in County Clerk’s office. Commissioners Minutes Continued. September 4, 2003 392 FISCAL NOTE (MISC. #03218) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF HIGHLAND - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $11,005.62 is available in the West Nile Virus Fund for FY 2003 to reimburse the Township of Highland for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03221) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF MADISON HEIGHTS - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03221 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03221 BY: George W. Suarez, District #24 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF MADISON HEIGHTS – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Madison Heights has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Madison Heights is $10,744.01 from the West Nile Virus Fund as repayment to the City of Madison Heights for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Madison Heights as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $10,744.01 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Madison Heights for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. GEORGE W. SUAREZ Copy of letter from George J. Miller, M.A. Oakland County Health Division, West Nile Virus Fund Reimbursement Request, and Attachment A, B and C on file in County Clerk’s office. Commissioners Minutes Continued. September 4, 2003 393 FISCAL NOTE (MISC. #03221) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF MADISON HEIGHTS - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $10,744.01 is available in the West Nile Virus Fund for FY 2003 to reimburse the City of Madison Heights for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03222) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF PONTIAC - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03222 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03222 BY: Mattie McKinney Hatchett, District #10 and Tom McMillin, District #11 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF PONTIAC – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Pontiac has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Pontiac is $23,628.15 from the West Nile Virus Fund as repayment to the City of Pontiac for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Pontiac as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $23,628.15 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Pontiac for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, we move the adoption of the foregoing resolution. MATTIE HATCHETT, TOM McMILLIN Copy of letter from George J. Miller, M.A., Oakland County Health Division, West Nile Virus Fund Reimbursement Request, City of Pontiac Department of Public Works and Utilities West Nile Virus Action Plan 2003, West Nile Virus Public Health and Education Plan, West Nile, City of Pontiac Invoices, and Resolution of the Pontiac City Council on file in County Clerk’s office. Commissioners Minutes Continued. September 4, 2003 394 FISCAL NOTE (MISC. #03222) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF PONTIAC - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $23,628.15 is available in the West Nile Virus Fund for FY 2003 to reimburse the City of Pontiac for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03223) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF WEST BLOOMFIELD - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03223 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03223 BY: Greg Jamian, District #16; Thomas A. Law, District #17 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF WEST BLOOMFIELD – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Charter Township of West Bloomfield has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2003 authorized amount of funding for the Charter Township of West Bloomfield is $24,677.91 from the West Nile Virus Fund as repayment to the Charter Township of West Bloomfield for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of West Bloomfield as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $24,677.91 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of West Bloomfield for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, we move the adoption of the foregoing resolution. GREG JAMIAN, THOMAS LAW Copy of letter from George J. Miller, M.A., Oakland County Health Division, letter from Steve Brideau, Budget Director of West Bloomfield Township, Miscellaneous Invoices, West Nile Virus Fund Commissioners Minutes Continued. September 4, 2003 395 Reimbursement Request, and Resolution to authorize Request for Reimbursement of West Nile Virus Eradication Program on file in County Clerk’s office. FISCAL NOTE (MISC. #03223) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF WEST BLOOMFIELD - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $24,677.91 is available in the West Nile Virus Fund for FY 2003 to reimburse the Charter Township of West Bloomfield for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03224) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF ROYAL OAK - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03224 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03224 BY: Helaine Zack, District #22 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF ROYAL OAK – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Royal Oak has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Charter Township of Royal Oak is $1,803.87 from the West Nile Virus Fund as repayment to the Charter Township of Royal Oak for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Royal Oak as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $1,803.87 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of Royal Oak for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. HELAINE ZACK Commissioners Minutes Continued. September 4, 2003 396 Copy of letter from George J. Miller, M.A., Oakland County Health Division, Charter Township of Royal Oak Resolution Authorizing West Nile Virus Fund Expense Reimbursement Request, Project Description, and receipts on file in County Clerk’s office. FISCAL NOTE (MISC. #03224) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF ROYAL OAK - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $1,803.87 is available in the West Nile Virus Fund for FY 2003 to reimburse the Charter Township of Royal Oak for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03225) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF SOUTHFIELD - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03225 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03225 BY: Eric Coleman, District #23; Helaine Zack, District #22; Vincent Gregory, District #21 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF SOUTHFIELD – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Southfield has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Southfield is $28,199.47 from the West Nile Virus Fund as repayment to the City of Southfield for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Southfield as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $28,199.47 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Southfield for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. ERIC COLEMAN Commissioners Minutes Continued. September 4, 2003 397 Copy of letter from George J. Miller, M.A. Oakland County Health Division, West Nile Virus Fund Reimbursement Request, and Attachments A, B and C on file in County Clerk’s office. FISCAL NOTE (MISC. #03225) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF SOUTHFIELD - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $28,199.47 is available in the West Nile Virus Fund for FY 2003 to reimburse the City of Southfield for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03226) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF WIXOM - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03226 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03226 BY: Jeff Potter, District #8 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF WIXOM – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Wixom has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Wixom is $5,454.57 from the West Nile Virus Fund as repayment to the City of Wixom for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Wixom as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $5,454.57 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Wixom for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. JEFF POTTER Commissioners Minutes Continued. September 4, 2003 398 Copy of letter from George J. Miller, M.A., Oakland County Health Division, West Nile Virus Fund Reimbursement Request, City of Wixom West Nile Virus Project Description, City of Wixom Resolution Authorizing West Nile Virus Fund Expense Reimbursement Request, DPW Employee Hours Catch Basin Cleaning, and receipts on file in County Clerk’s office. FISCAL NOTE (MISC. #03226) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF WIXOM - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $5,454.57 is available in the West Nile Virus Fund for FY 2003 to reimburse the City of Wixom for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03227) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF ORION - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03227 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03227 BY: Eric Wilson, District #3 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF ORION – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Orion has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Charter Township of Orion is $14,431.36 from the West Nile Virus Fund as repayment to the Charter Township of Orion for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Orion as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $14,431.36 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of Orion for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Commissioners Minutes Continued. September 4, 2003 399 Chairperson, I move the adoption of the foregoing resolution. ERIC WILSON Copy of letter from George J. Miller, M.A. Oakland County Health Division, West Nile Virus Fund Reimbursement Request, and Attachments A, B, and C on file in County Clerk’s office. FISCAL NOTE (MISC. #03227) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF ORION - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $14,431.36 is available in the West Nile Virus Fund for FY 2003 to reimburse the Charter Township of Orion for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03228) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF OAKLAND - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03228 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03228 BY: Eric Wilson, District #3 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF OAKLAND – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Oakland has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Charter Township of Oakland is $9,158.54 from the West Nile Virus Fund as repayment to the Charter Township of Oakland for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Oakland as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $9,158.54 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of Oakland for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Commissioners Minutes Continued. September 4, 2003 400 Chairperson, I move the adoption of the foregoing resolution. ERIC WILSON Copy of letter from George J. Miller, M.A., Oakland County Health Division, West Nile Virus Fund Reimbursement Request, and Resolution authorizing West Nile Virus Fund Expense Reimbursement on file in County Clerk’s office. FISCAL NOTE (MISC. #03228) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF OAKLAND - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $9,158.54 is available in the West Nile Virus Fund for FY 2003 to reimburse the Charter Township of Oakland for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03230) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF ADDISON - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03230 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03230 BY: William R. Patterson, District #1 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF ADDISON – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Township of Addison has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Township of Addison is $6,826.39 from the West Nile Virus Fund as repayment to the Township of Addison for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Addison as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $6,826.39 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Township of Commissioners Minutes Continued. September 4, 2003 401 Addison for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM PATTERSON Copy of letter from George J. Miller, M.A., Oakland County Health Division, West Nile Virus Fund Reimbursement Request, West Nile Virus Project Description, and Resolution 03-17 on file in County Clerk’s office. FISCAL NOTE (MISC. #03230) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF ADDISON - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $6,826.39 is available in the West Nile Virus Fund for FY 2003 to reimburse the Township of Addison for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03231) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF GROVELAND - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03231 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03231 BY: William R. Patterson, District #1 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF GROVELAND – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Township of Groveland has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Township of Groveland is $6,896.91 from the West Nile Virus Fund as repayment to the Township of Groveland for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Groveland as eligible for reimbursement from the West Nile Virus Fund. Commissioners Minutes Continued. September 4, 2003 402 BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $6,896.91 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Township of Groveland for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM PATTERSON Copy of letter from George J. Miller, M.A. Oakland County Health Division, West Nile Virus Fund Reimbursement Request, Township of Groveland’s Resolution Authorizing West Nile Virus Fund Expense Reimbursement Request, and Groveland Township West Nile Virus Education and Control Project Plan on file in County Clerk’s office. FISCAL NOTE (MISC. #03231) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF GROVELAND - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $6,896.91 is available in the West Nile Virus Fund for FY 2003 to reimburse the Township of Groveland for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03232) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF BRANDON - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03232 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03232 BY: William R. Patterson, District #1 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF BRANDON – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Brandon has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Charter Township of Brandon is $8,976.34 from the West Nile Virus Fund as repayment to the Charter Township of Brandon for expenses incurred in connection with mosquito control projects. Commissioners Minutes Continued. September 4, 2003 403 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Brandon as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $8,976.34 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of Brandon for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM PATTERSON Copy of letter from George J. Miller, M.A., Oakland County Health Division, West Nile Virus Fund Reimbursement Request, and Resolution to Authorize Reimbursement Requests for the West Nile Virus Program and Brandon Township West Nile Virus Education and Control Project Plan on file in County Clerks office. FISCAL NOTE (MISC. #03232) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF BRANDON - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $8,976.34 is available in the West Nile Virus Fund for FY 2003 to reimburse the Charter Township of Brandon for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *REPORT (MISC. #03191) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT OF FEDERAL LEGISLATION LIMITING THE IMPORTATION OF SOLID WASTE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03191 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03191 BY: Charles E. Palmer, District #19 IN RE: BOARD OF COMMISSIONERS - SUPPORT OF FEDERAL LEGISLATION LIMITING THE IMPORTATION OF SOLID WASTE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS over the past two years, imports from Canada have risen 152 percent and now constitute about half of the imported waste received in Michigan landfills; and WHEREAS currently, approximately 110-130 truckloads of waste come in to Michigan each day from Canada; and WHEREAS these shipments of waste are expected to increase as Toronto and other locations in Ontario phase out their local disposal sites; and Commissioners Minutes Continued. September 4, 2003 404 WHEREAS based on current usage statistics from the Michigan Department of Environmental Quality, Michigan has landfill disposal capacity for an estimated 15 to 17 years. However, with the proposed increases in the importation of waste, this capacity is now projected to be less than ten years; and WHEREAS the Michigan Department of Environmental Quality estimates that, for every five years of disposal of Canadian waste at the current usage volume, Michigan is losing a full year of landfill capacity; and WHEREAS the federal legislature is considering H.R. 1730 and other legislation that amends the Solid Waste Disposal Act to provide state and local governments with the tools needed to reasonably limit the amount of out-of-sate and international waste that crosses their borders, ensuring disposal capacity for their own state's solid waste and protecting their communities natural resources; and WHEREAS proposed federal legislation would authorize States to establish limits on the amount of out- of-state municipal solid waste that is received annually at each facility to the amount received during 1995, if the State has enacted a comprehensive, statewide recycling program; and WHEREAS S.199, proposes to amend the Solid Waste Disposal Act to prohibit any person from importing, transporting, or exporting municipal solid waste (MSW), for final disposal or incineration, in violation of the 1986 Agreement Concerning the Transboundary Movement Hazardous Waste, between the United States and Canada; and WHEREAS S.431 amends the Solid Waste Disposal Act to authorize States in which facilities received more than 650,000 tons of out-of state municipal solid waste in 1993, to establish limits on the quantity of such waste to be received by facilities; and WHEREAS S. 383, the Canadian Waste Import Ban Act of 2003, amends the Solid Waste Disposal Act to prohibit the importation of Canadian municipal solid waste for disposal or incineration into any State without the Governor's consent and requires the Administrator of the Environmental Protection Agency to also consider the impact of the importation on homeland security, public health and the environment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports provisions within Solid Waste Interstate Act of 2003, that authorizes States to establish limits on the amount of out-of-state waste received annually for disposal at each facility. BE IT FURTHER RESOLVED that the Oakland County Clerk forward copies of this adopted resolution to the Oakland County delegation to the federal legislature, the Michigan Association of Counties, the Michigan Department of Environmental Quality, the National Association of Counties and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. CHARLES PALMER, SUE ANN DOUGLAS, CHRISTINE LONG, ERIC WILSON, JOHN SCOTT, TOM McMILLIN, WILLIAM PATTERSON, GREG JAMIAN, DAVID MOFFITT, BILL BULLARD, JEFF POTTER, EILEEN KOWALL, THOMAS MIDDLETON, HUGH CRAWFORD, MIKE ROGERS, MARTIN KNOLLENBERG (The vote for this motion appears on page 412.) *REPORT (MISC. #03198) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT OF THE MIRACLE LEAGUE OF MICHIGAN’S FIELD OF DREAMS IN SOUTHFIELD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03198 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. September 4, 2003 405 MISCELLANEOUS RESOLUTION #03198 BY: Vincent Gregory, District #21; Eric Coleman, District #23; Helaine Zack, District #22 IN RE: BOARD OF COMMISSIONERS - SUPPORT OF THE MIRACLE LEAGUE OF MICHIGAN'S FIELD OF DREAMS IN SOUTHFIELD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Miracle League was founded in Conyers, Georgia, in April 1998. The Miracle League is a non-profit, charitable organization that provides children with mental and/or physical disabilities an opportunity to play baseball as a team member in an organized league; and WHEREAS Michigan has some 200,000 young people, between the ages of 5 and 20, who are mentally or physically impaired; and WHEREAS the Miracle League of Michigan, Inc., based in Southfield, was locally established by an area businessman and is the first organization of its kind in Oakland County and will serve children in the State of Michigan; and WHEREAS recognizing that every kid needs a place to play, a specially equipped field called the "Field of Dreams" is being constructed in the City of Southfield. This custom-designed venue incorporates a cushioned synthetic turf that accommodates wheelchairs and other walking assistance devices, while helping prevent injuries. It provides a level-playing field where physically and mentally challenged children can hit, run, and catch -- just like the best of them; and WHEREAS the unique and innovative features of the Miracle League games include: ensuring that every child is given an opportunity to hit the ball and score a run. Miracle League team members are assigned “buddies” who assist them in hitting the ball and "running" the bases. Buddies can be fellow schoolmates, parents, college students, business leaders or anyone who wishes to volunteer their time to give a child the gift of baseball; and WHEREAS the Miracle League not only scores a homerun for the kids and the City of Southfield, but also enriches the quality of life of everyone throughout Oakland County and the State of Michigan; and WHEREAS widespread support from many organizations and the community will be necessary for the Field of Dreams to become a reality. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby congratulates the City of Southfield for their commitment to helping others in need, which has earned them the prestigious distinction of being the host of the first Field of Dreams project in the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners extends our support to the Miracle League of Michigan and express our special thanks to the individuals, organizations, and businesses that are contributing towards ensuring that the City of Southfield's Field of Dreams becomes the home where every child in Michigan has a chance to play baseball. Chairperson, we move the adoption of the foregoing resolution. VINCENT GREGORY, ERIC COLEMAN, HELAINE ZACK, MATTIE HATCHETT, DAVID COULTER, HUGH CRAWFORD, ERIC WILSON, GREG JAMIAN, CHARLES PALMER, WILLIAM PATTERSON, JOHN SCOTT, MARTIN KNOLLENBERG, CHRISTINE LONG, JEFF POTTER, TOM McMILLIN, EILEEN KOWALL, THOMAS MIDDLETON (The vote for this motion appears on page 412.) *REPORT (MISC. #03216) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR LOCAL LAW ENFORCEMENT AGENCIES USE OF STATE OWNED COMMUNICATIONS TOWERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03216 on August 25, 2003, reports with a recommendation that the resolution be adopted. Commissioners Minutes Continued. September 4, 2003 406 Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03216 BY: Hugh D. Crawford, District 9 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR LOCAL LAW ENFORCMENT AGENCIES USE OF STATE OWNED COMMUNICATIONS TOWERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Enrolled Senate Bill 293 was passed by the Michigan Legislature and presented to the Governor on June 30, 2003; and WHEREAS Senate Bill 293 allowed local governmental public safety agencies to attach communications equipment to state owned towers potentially saving local communities millions of dollars; and WHEREAS Senate Bill 293 was vetoed on July 11, 2003; and WHEREAS the Governor issued Executive Directive No. 2003-12 which intends to provide local law enforcement agencies access to state owned communication towers; and WHEREAS an Executive Order is subject to change or termination, it does not provide the long term stability required for planning, building and operation of a Public Safety Communications system; and WHEREAS the Executive Order imposes restrictions and fees on local agencies seeking to utilize state owned towers that were not part of Senate Bill 293; and WHEREAS the restrictions and fees required for the use of state owned towers effectively denies access to the towers to many agencies and departments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges that Governor Jennifer Granholm reconsider her veto of Senate Bill 293 and sign the bill into law. BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Jennifer Granholm, Oakland Counties State Representatives and Senators, the Michigan Association of Counties, and all County Boards of Commissioners in Michigan. Chairperson, we move the adoption of the foregoing resolution. HUGH D. CRAWFORD, WILLIAM R. PATTERSON, ERIC WILSON, JOHN A. SCOTT, CHRISTINE LONG, MATTIE HATCHETT, BILL BULLARD, THOMAS F. MIDDLETON, EILEEN T. KOWALL, JEFF POTTER, TOM McMILLIN, SUE ANN DOUGLAS, MARTIN KNOLLENBERG, DAVID MOFFITT, GREG JAMIAN, THOMAS LAW, PETER WEBSTER, CHARLES PALMER, ERIC COLEMAN, DAVID COULTER, CHUCK MOSS (The vote for this motion appears on page 412.) *REPORT (MISC. #03229) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – COMMUNITY CORRECTIONS DIVISION FUNDING LEVELS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03229 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. September 4, 2003 407 MISCELLANEOUS RESOLUTION #03229 BY: Peter H. Webster, District #18; Hugh D. Crawford, District #9 IN RE: BOARD OF COMMISSIONERS - COMMUNITY CORRECTIONS DIVISION FUNDING LEVELS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County established the Community Corrections Division in 1994 under Public Act 511 of 1988; and WHEREAS the purpose of PA 511 is to fund qualifying community correction alternative programs that reduce state prison commitments by encouraging participation of offenders likely to be sentenced to imprisonment in a state correctional facility or jail, who would not increase the risk to public safety, have not demonstrated a pattern of violent behavior, and do not have a criminal record that indicates a pattern of violent behavior; and WHEREAS Oakland County has maintained a prison commitment rate below that of the statewide average since 1994; and WHEREAS the State grant award for Plans & Services to Oakland County has remained stagnant from 2000 - 2003, despite the fact that the County has consistently met the state’s objectives, and the funding demands on the County's Community Corrections has increased substantially; and WHEREAS the Oakland County Community Corrections Division has been forced to leave 2.5 positions vacant in FY 2003 due to insufficient State grant funds in Plans and Services; and WHEREAS the State has set an objective for the County to further reduce its prison commitment rate (from 21% to 16%) which would require the County to keep an additional 200 to 250 offenders locally at a cost of $4.0 million, but the State has recommended only a $6,000 increase in Plans & Services for 2004 to meet this objective; and WHEREAS the County has committed significant financial resources over the years to the goals and objectives of Community Corrections and towards the establishment of a State and Local partnership, including over $10 million in a new work release facility that has recently opened. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the Michigan Department of Corrections/Office of Community Corrections, through the State Board, to reallocate funds to Oakland County Community Corrections in the amount of $135,000 bringing the total state award for Plans and Services in FY 2004 to $1,612,131. BE IT FURTHER RESOLVED that this action would demonstrate the State’s renewed commitment to this partnership, and thereby reinforce the Board of Commissioner’s decision to continue with the partnership beyond FY 2004. BE IT FURTHER RESOLVED that the Oakland County Clerk forward copies of this adopted resolution to the Governor of the State of Michigan, the Michigan Department of Community Corrections, the Oakland County delegation to the state legislature and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. PETER WEBSTER, HUGH CRAWFORD, CHUCK MOSS, THOMAS MIDDLETON, CHARLES PALMER, JEFF POTTER, EILEEN KOWALL, DAVID MOFFITT, JOHN SCOTT, CHRISTINE LONG, BILL BULLARD, GREG JAMIAN, SUE ANN DOUGLAS (The vote for this motion appears on page 412.) *REPORT (MISC. #03234) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: CENTRAL SERVICES – OAKLAND/TROY AIRPORT 2003 GRANT PROGRAM ACCEPTANCE – PRELIMINARY AND FINAL DESIGN FOR DETENTION BASIN MODIFICATION – CONTRACT NO. 2003-0600 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above captioned resolution on August 26, 2003, reports with the recommendation that the resolution be adopted. Commissioners Minutes Continued. September 4, 2003 408 Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #03234 BY: General Government Committee, William R. Patterson, Chairperson IN RE: CENTRAL SERVICES – OAKLAND/TROY AIRPORT 2003 GRANT PROGRAM ACCEPTANCE – PRELIMINARY AND FINAL DESIGN FOR DETENTION BASIN MODIFICATION – CONTRACT NO. 2003-0600 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. 2003-0600, Federal Project No. B-26-0118-0601, for Federal funds in a maximum obligation of $58,500, and State funds in the amount of $3,250 for Oakland/Troy Airport; and WHEREAS the project consists of preliminary and final design for detention basin modification; 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 $3,250, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of 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 $65,000. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. On behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Contract Review – Central Services/Aviation and Contract for a Federal/State/Local Airport Project Under the Block Grant Program on file County Clerk’s office. FISCAL NOTE (MISC. #03234) BY: Finance Committee, Chuck Moss, Chairperson IN RE: CENTRAL SERVICES - OAKLAND/TROY AIRPORT 2003 GRANT PROGRAM ACCEPTANCE - PRELIMINARY AND FINAL DESIGN FOR DETENTIION BASIN MODIFICATION - CONTRACT NO. 2003-0600 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 Michigan Department of Transportation Grant Contract, Project No. 2003-0600, Federal Project No. B-26-0118-0601, for Federal funds of $58,500, and State funds of $3,250 for Oakland/Troy Airport. 2. The project consists of preliminary and final design for detention basin modification. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. The total cost for the project is $65,000, with $58,500 (90%) of the cost from Federal funds, $3,250 (5%) from State funds, and $3,250 (5%) from the Airport Fund resources for the grant match. Commissioners Minutes Continued. September 4, 2003 409 5. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *MISCELLANEOUS RESOLUTION #03210 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT - FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2003-2004 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Pursuant to provisions of Act 280 of the Public Acts of 1975, Oakland County is required to develop and submit a plan and budget for the provision of funding of foster care services to the Bureau of Juvenile Justice, Family Independence Agency, annually; and WHEREAS The Oakland County Circuit Court - Family Division, County of Oakland, and the Oakland County Family Independence Agency have developed the attached foster care services budget for the State's fiscal year, October, 1, 2003 through September 30, 2004; and WHEREAS The Public Services Committee has reviewed this budget and recommends its submission to the State Office. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes submission of the 2003-2004 Oakland County Child Care Fund Budget to the Bureau of Juvenile Justice’s Child Care Fund Division, Family Independence Agency. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of County Child Care Budget Summary, Child Care Fund Summary, In-Home Care/Basic Grant Program Component Report/Request, and Circuit Court Intensive Probation Program Description of Services on file in County Clerk’s office. FISCAL NOTE (MISC. #03210) BY: Finance Committee, Chuck Moss, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2003- 2004 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, reports as follows: 1. The figures provided are estimates for State Child Care Fund budgeting purposes only, based on current available data and may not reflect the eventual adopted budget and/or expenditures for this program. 2. The application reflects $25,030,322 in gross expenditures and $4,599,237 in offsetting revenues, leaving a net expenditure of $20,431,085 which is a $1,089,431 decrease from the Fiscal Year 2003 net expenditure. 3. Net expenditures are shared 50/50 by the State and County rendering a State reimbursement of $10,215,543 should the State approve the budget and the County expends the funds. 4. The FY 2004 County Executive Recommended Budget for State Reimbursement is $9,700,000. FINANCE COMMITTEE (The vote for this motion appears on page 412.) Commissioners Minutes Continued. September 4, 2003 410 *MISCELLANEOUS RESOLUTION #03211 BY: Public Services, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT - 2004 JUDICIAL AND CASE ASSIGNMENTS IN THE SIXTH JUDICIAL CIRCUIT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State Court Administrative Office (SCAO), subject to the approval of the Michigan Supreme Court, has promulgated a family court plan for implementation in the Oakland County Circuit Court; and WHEREAS the family court plan sets forth the terms of judicial service and assignment of cases in the family division of the Oakland County Circuit Court; and WHEREAS it is expected that the Supreme Court will appoint new chief judges for the Oakland County Circuit and Probate Courts for two-year terms beginning January 1, 2004; and WHEREAS the reassignment of dockets and appointment of new chief judges will require changes to the Circuit and Probate Courts' computer systems; and WHEREAS the Department of Information Technology has estimated that the changes will require an estimate of 400 hours of systems development support at a cost of $41,300. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the appropriation of $41,300 to fund Information Technology systems development support for the purpose of making programming changes to the Circuit and Probate Courts' computer systems as referenced above. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #03211) BY: Finance Committee, Chuck Moss, Chairperson IN RE: CIRCUIT COURT – 2004 JUDICIAL AND CASE ASSIGNMENTS IN THE SIXTH JUDICIAL CIRCUIT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, reports as follows: 1. The State Court Administrative Office (SCAO) has proposed a family court plan for implementation in the Oakland County Circuit Court, which will involve the appointment of new chief judges for the Circuit Court. 2. The reassignment of dockets and appointment of new chief judges will require changes to the Circuit and Probate Courts’ computer systems, estimated at a cost of $41,300 for systems development support from the Department of Information Technology. 3. Funding for this project is available in the General Fund/General Purpose Non-departmental Info-Tech Development account, for Fiscal Year 2004 and will be transferred to Information Technology with a FY 2004 quarterly Info-Tech Development appropriation. FINANCE COMMITTEE (The vote for this motion appears on page 412.) *MISCELLANEOUS RESOLUTION #03235 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2003 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has awarded Oakland County Emergency Response and Preparedness grant funding in the amount of $47,313 for the period of October 1, 2002 through September 30, 2003; and WHEREAS Emergency Management was notified of available grant funding via a letter dated July 24, 2003, as attached; and WHEREAS this is the 31st year of grant acceptance for this program; and Commissioners Minutes Continued. September 4, 2003 411 WHEREAS the purpose of the program is to encourage the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and local governments; and WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-through of Federal funds for which no County match is required; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process subject to approval of the Department of Corporation Counsel and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan in the amount of $47,313 for Fiscal Year 2003. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Emergency Response and Preparedness and letter from John Ort, Captain Deputy State Director of Emergency Management, and State of Michigan Emergency Management Performance Grant (EMPS) Agreement for FY 2003 on file in County Clerk’s office. FISCAL NOTE (MISC. #03235) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2003 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolutions and finds: 1. Oakland County Emergency Management has been awarded grant funding by the State of Michigan EMPG/FEMA, Grant No. EMPG CFDA #83.552, for State funds in the amount of $47,313 for the development and maintenance of an effective operational emergency management program capable of protecting life, property, and vital infrastructure in times of emergency. 2. This is the 31st year of grant acceptance for this program, the project consists of effort to plan, train, exercise, and evaluate capability and response readiness. 3. The FY 2002/03 total EMPG award funds 40.28518% of the Emergency Management department’s emergency program manager’s salary and fringe benefits, and funds shall not be used for any other purpose, and requires Oakland County to fund this effort for at least 49% from non-federal sources. 4. The grant agreement has been processed through the County Executive Contract Review Process, and the Board of Commissioners Grant Acceptance Procedures, subject to ratification by the Oakland County Board of Commissioners. 5. No County General Fund/General Purpose dollars are required for match. 6. Revenue from this agreement has already been included in the Fiscal Year 2003 Adopted Budget as General-Purpose revenue; no budget amendment is required. FINANCE COMMITTEE Commissioners Minutes Continued. September 4, 2003 412 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, Webster, Wilson, Zack, Bullard. (24) NAYS: None. (0). A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were adopted (with accompanying reports being accepted). Commissioner Moss requested a Public Hearing be scheduled for the purpose of allowing public comment on the proposed Fiscal Year 2004/2005 Budget for Oakland County. The Chairperson scheduled the hearing for September 18, 2003 at 10:00 a.m. in the Board of Commissioners Auditorium. MISCELLANEOUS RESOLUTION #03236 BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY TREASURER - RESOLUTION TO AUTHORIZE OAKLAND COUNTY SEWAGE DISPOSAL AND WATER SUPPLY REFUNDING BONDS (CITY OF ORCHARD LAKE VILLAGE SYSTEM), 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 Water Supply Bonds (City of Orchard Lake Village System), Series 1993, dated March 1, 1993 (the “Prior Water Bonds”), in the original principal amount of $2,250,000 to defray part of the cost of acquiring and constructing a water supply system serving the City of Orchard Lake Village (the “City”) pursuant to a contract dated as of November 1, 1990 (the “Water Contract”) between the County and the City; and WHEREAS the Prior Water Bonds remain outstanding in the aggregate principal amount of $1,475,000 mature in various principal amounts on November 1 in the years 2003 through 2012 and bear interest at rates per annum that vary from 5.00% to 5.65%; and WHEREAS in addition, pursuant to the provisions of Act 342, the County has issued its Sewage Disposal Bonds (City of Orchard Lake Village System), Series 1993, dated March 1, 1993 (the “Prior Sewer Bonds”), in the original principal amount of $2,100,000 to defray part of the cost of acquiring and constructing a sanitary sewage collection and disposal system serving the City pursuant to a contract dated as of November 1, 1989 (the “Sewer Contract”) between the County and the City; and WHEREAS the Prior Sewer Bonds remain outstanding in the aggregate principal amount of $1,395,000 mature in various principal amounts on November 1 in the years 2003 through 2012 and bear interest at rates per annum that vary from 5.00% to 5.65%; and WHEREAS the Prior Sewer Bonds and the Prior Water Bonds are hereafter referred to together as (the “Prior Bonds”) and the Water Contract and the Sewer Contract are hereafter referred to together as (the “Contracts”); and WHEREAS Act No. 34, Public Acts of Michigan, 2001, as amended (“Act 34”) authorizes the County to refund all or any part of its funded indebtedness; and WHEREAS the County has received or will receive a request from the City to refund all or part of the outstanding Prior Bonds; and WHEREAS it is in the best interests of the County and the City that the Prior Bonds maturing in the years 2004 through 2012 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 One Hundred and Fifty Thousand Dollars ($3,150,000) 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 Prior Bonds maturing in the years 2004 through 2012. 2. BOND DETAILS. The Refunding Bonds shall be designated Oakland County Sewage Disposal and Water Supply Refunding Bonds (City Of Orchard Lake Village System), Series Commissioners Minutes Continued. September 4, 2003 413 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 at the time of sale; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 6% per annum to be determined upon the sale thereof payable on such dates as shall be determined at the time of sale; and shall mature on such dates and in such amounts as shall be determined at the time of sale. 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the Refunding Bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the fifteenth day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 4. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The Depository Trust Company (“DTC”) for the benefit of other parties (the “Participants”) in the book-entry-only transfer system of DTC. In the event the County determines that it is in the best interest of the County not to continue the book-entry system of transfer or that the interests of the holders of the bonds might be adversely affected if the book-entry system of transfer is continued, the County may notify DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event the bond registrar and paying agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or “beneficial owner” in appropriate amounts in accordance with this Resolution. DTC may determine to discontinue providing its services with respect to the bonds at any time by giving notice to the County and the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County and the bond registrar and paying agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Resolution. In the event bond certificates are issued, the provisions of this Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the County and the bond registrar and paying agent to do so, the County and the bond registrar and paying agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the bonds to any Participant having bonds certified to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the bonds. Notwithstanding any other provision of this Resolution to the contrary, so long as any bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on such bonds and all notices with respect to the bonds shall be made and given, respectively, to DTC as provided in the Letter of Representations relating to the bonds among DTC, the County and the bond registrar and paying agent. The County Agency or the County Treasurer is authorized to sign the Letter of Representations on behalf of the County, in such form as the County Agency or the County Treasurer deems necessary or appropriate in order to accomplish the issuance of the bonds in accordance with law an this Resolution. 5. PRIOR REDEMPTION. The Refunding Bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined at the time of sale. Commissioners Minutes Continued. September 4, 2003 414 6. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate and enter into an agreement with a bond registrar and paying agent for the Refunding Bonds that shall be a bank or trust company located in the State of Michigan that is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The Treasurer may from time to time as required designate a similarly qualified successor bond registrar and paying agent. 7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The Refunding Bonds shall be executed in the name of the County by the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the Refunding Bonds. After the Refunding Bonds have been executed and authenticated, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional Refunding Bonds bearing the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of the Refunding Bonds. The bond registrar and paying agent shall indicate on each Refunding Bond the date of its authentication. 8. EXCHANGE AND TRANSFER OF BONDS. Any Refunding Bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for Refunding Bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered Refunding Bond. Each Refunding Bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such Refunding Bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any Refunding Bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered Refunding Bond and shall authenticate and deliver to the transferee a new Refunding Bond or Bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered Refunding Bond. If, at the time the bond registrar and paying agent authenticates and delivers a new Refunding Bond pursuant to this section, payment of interest on the Refunding Bonds is in default, the bond registrar and paying agent shall endorse upon the new Refunding Bond the following: “Payment of interest on this bond is in default. The last date to which interest has been paid is __________, ____.” The County and the bond registrar and paying agent may deem and treat the person in whose name any Refunding Bond shall be registered upon the books of the County as the absolute owner of such Refunding Bond, whether such Refunding Bond shall be overdue or not, for the purpose of receiving payment of the principal of 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. September 4, 2003 415 required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange Refunding Bonds or portions of Refunding Bonds that have been selected for redemption. 9. FORM OF BONDS. The Refunding Bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY SEWAGE DISPOSAL AND WATER SUPPLY REFUNDING BONDS (CITY OF ORCHARD LAKE VILLAGE SYSTEM), 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 herein provided, upon presentation and surrender of this refunding 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 and interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from ___________, ______, or such later date through which interest has been paid until the County’s obligation with respect to the payment of such Principal Amount is discharged, at the rate per annum specified above. Interest is payable on the first days of ____ and _____ in each year, commencing on _____________ 1, ______. Principal and interest are payable in lawful money of the United States of America. This refunding bond is one of a series of refunding bonds aggregating the principal sum of ________________________ Dollars ($_______) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 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 Water Supply Bonds (City of Orchard Lake Village System), Series 1993, dated March 1, 1993, maturing in the years 2004 through 2012 and the Sewage Disposal Bonds (City of Orchard Lake Village System), Series 1993, dated March 1, 1993, maturing in the years 2004 through 2012. The refunding bonds of this series are issued in anticipation of, and the principal of and interest on the refunding bonds are payable from, moneys to be received by the County from the City of Orchard Lake Village (the “City”) in payment of its obligations to the County under a sewer contract, dated November 1, 1989 and a water contract, dated November 1, 1990 (the “Contracts”) between the City and the County. The full faith and credit of the City have been pledged for the making of its share of such payments. As additional security for the payment of the principal of and interest on the refunding bonds of this series, Commissioners Minutes Continued. September 4, 2003 416 the full faith and credit of the County have been pledged. Taxes imposed by the City are not subject to constitutional tax rate limitations. Taxes imposed by the County are subject to constitutional tax rate limitations. This refunding bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this refunding bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this refunding bond a new refunding bond or refunding bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Refunding bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange refunding bonds or portions of refunding bonds that have been selected for redemption. Refunding bonds maturing prior to __________, ____, are not subject to redemption prior to maturity. Refunding bonds maturing on and after ___________, _____, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after ___________, _____. Refunding bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the refunding bonds maturing in any year are to be redeemed, the refunding bonds or portions of refunding bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the refunding bond or portion of the refunding bond called to be redeemed plus interest to the date fixed for redemption. Not less than thirty days’ notice of redemption shall be given to the registered owners of refunding bonds called to be redeemed by mail to each registered owner at the registered address. Refunding bonds or portions of refunding bonds called for redemption shall not bear interest on and after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the refunding bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including the series of refunding bonds of which this refunding bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board of Commissioners, has caused this refunding bond to be executed in its name by facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This refunding bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND By: Chairman, Board of Commissioners [SEAL] Commissioners Minutes Continued. September 4, 2003 417 And: County Clerk CERTIFICATE OF AUTHENTICATION This refunding bond is one of the refunding bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto _____________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within refunding bond and all rights thereunder and hereby irrevocably constitutes and appoints ________________________________________________________________ attorney to transfer the within refunding bond on the books kept for registration thereof, with full power of substitution in the premises. Dated:____________ _______________________________________ Signature Guaranteed: ________________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF REFUNDING BOND FORM] 10. SECURITY The Refunding Bonds shall be issued in anticipation of the payments to be made by the City pursuant to the Contracts. Taxes imposed by the City for payment of the principal and interest on the Refunding Bonds are not subject to limitation as to rate or amount. 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 Commissioners Minutes Continued. September 4, 2003 418 become due. If the City shall fail to make payments to the County that are sufficient to pay its share of the principal of and interest on the Refunding Bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. 11. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of, premium if any, and interest on the Refunding Bonds or any portion of the Refunding Bonds, shall have been deposited in trust, this Bond Resolution shall be defeased with respect to such Refunding Bonds and the owners of the Refunding Bonds shall have no further rights under this Bond Resolution except to receive payment of the principal of, premium if any and interest on the Refunding Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange Refunding Bonds as provided herein. 12. PRINCIPAL AND INTEREST FUND. There shall be established for the Refunding Bonds a Principal and Interest Fund that shall be kept in a separate bank account. From the proceeds of the sale of the Refunding Bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the Purchaser of the Refunding Bonds at the time of delivery of the same. All payments received from the City pursuant to the Contracts are pledged for the payment of the principal of and interest on the Prior Bonds that are not refunded and the Refunding Bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund or the principal and interest fund for the Prior Bonds as appropriate. The County Agency shall transfer moneys in the Principal and Interest Fund to the bond registrar and paying agent for the Prior Bonds that are not refunded and the bond registrar and payment agent for the Refunding Bonds as necessary for the payment of the principal of and interest on such Prior Bonds and the Refunding Bonds. 13. PAYMENT OF ISSUANCE EXPENSES-ESCROW FUND. The remainder of the proceeds of the Refunding Bonds shall be used to pay the issuance expenses of the Refunding Bonds and to establish and escrow fund for the Prior Bonds that are refunded. After the issuance expenses have been paid or provided for, the remaining proceeds shall be used to establish and escrow fund (the “Escrow Fund”) consisting of cash and investments in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing and used to pay the principal of, interest on and redemption premiums on the Prior Bonds that are refunded. The Escrow Fund shall be held by a trustee (the “Trustee”) in trust pursuant to an escrow agreement (the “Escrow Agreement”) that irrevocably shall direct the Trustee to take all necessary steps to pay the interest on the Prior Bonds that are refunded when due and to call such Prior Bonds for redemption at such time as shall be determined in the Escrow Agreement. The County Treasurer shall select the Trustee and enter into the Escrow Agreement with the Trustee on behalf of the County. The amounts held in the Escrow Fund shall be such that the cash and the investments and the income received thereon will be sufficient without reinvestment to pay the principal of, interest on and redemption premiums on the Prior Bonds that are refunded when due at maturity or call for redemption as required by the Escrow Agreement. 14. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the Refunding Bonds may be subject to permission being granted therefor by the Department of Treasury of the State of Michigan and the Chief Administrative Officer of the County, if necessary, is authorized to make application to the Department of Treasury for permission to issue and sell the Refunding Bonds as provided by the terms of this resolution. 15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency shall determine the principal amount of the Refunding Bonds to be sold and shall determine the other bond details as described in Section 2 hereof and the terms and conditions for prior redemption as described in Section 5 hereof. In addition, in order to save the cost of publication of an Official Notice of Sale, the County hereby determines that it will sell the Commissioners Minutes Continued. September 4, 2003 419 Refunding Bonds at a negotiated sale after solicitation of proposals from prospective purchasers by its Financial Consultant. The County’s Financial Consultant is authorized to solicit proposals from at least twenty-five prospective purchasers and to circulate a Request for Proposal at least seven days prior to the date fixed for receipt of proposals for the purchase of the Refunding Bonds. The Request for Proposal shall be in substantially the form approved by the County Agency at the time of sale with such changes therein as are not inconsistent with this resolution. The Financial Consultant is hereby designated to act for and on behalf of the County to receive proposals for the purchase of the Refunding Bonds and to take all other steps necessary in connection with the sale and delivery thereof. The County Agency is hereby authorized to determine the low proposer on the Refunding Bonds and to award the Refunding Bonds to such low proposer. The County Agency, the County Treasurer and other County officials are hereby authorized to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the Refunding Bonds in accordance with the provisions of this resolution. 16. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured Refunding Bond, of satisfactory evidence that the Refunding Bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity that complies with applicable law and is satisfactory to the Treasurer, the Treasurer may authorize the bond registrar and paying agent to deliver a new executed Refunding Bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event and outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully taken, the Treasurer may authorize the bond registrar and paying agent to pay the Refunding Bond without presentation upon the receipt of the same documentation required for the delivery of a replacement Refunding Bond. The bond registrar and paying agent for each new Refunding Bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, that may be incurred by the bond registrar and paying agent and the County in the premises. Any Refunding Bond delivered pursuant the provisions of this Section 16 in lieu of any Refunding Bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the Refunding Bond in substitution for which such Refunding Bond was delivered. 17. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. The county Agency is authorized to do all things necessary to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. 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. Commissioners Minutes Continued. September 4, 2003 420 Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Moss supported by Suarez 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, Wilson, Zack, Bullard, Coulter. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #03237 BY: Finance Committee, Chuck Moss, Chairperson IN RE: TRI-PARTY PROGRAM FUNDING, MAINTENANCE, AND DISBURSEMENT POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners Audit Subcommittee requested the Oakland County Auditing Division to review the Tri-Party Program and make recommendations regarding the Program scope and guidelines; and WHEREAS the Oakland County Auditing Division has conducted the requested review and has determined a need to update the Tri-Party Program scope and guidelines to better represent the Program as it exists today; and WHEREAS the Oakland County Board of Commissioners is permitted to, in accordance with Public Act 253 of 1917, MCL 247.121, appropriate funding from the General Fund to the Road Fund provided that there is a surplus in the General Fund and that the monies are used for construction, maintenance, and repair of highways under the supervision and direction of the Board of County Road Commissioners; and WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #7791 in 1977 to address road improvement needs identified by the Road Commission for Oakland County in the areas of traffic safety and graveling for local units of government that do not have jurisdiction over their roads; and WHEREAS Miscellaneous Resolution #7791 authorized the appropriation of $250,000 which was increased to $500,000 through the adoption of Miscellaneous Resolution #7901 in 1977 citing “the responsibility of effective government to anticipate such problems before they become emergencies;” and WHEREAS past Oakland County appropriations have been matched by the Road Commission for Oakland County and local units of government constituting a 1/3 share contribution by each party; and WHEREAS the portion of the annual Tri-Party Program fund appropriation available upon proper application to each Oakland County local unit of government has been established by a pre-determined formula set forth by the Road Commission for Oakland County; and WHEREAS Oakland County has experienced tremendous growth in industrial, commercial, and residential development; and WHEREAS the population of Oakland County has increased from 910,000 in 1970 to 1.2 million in 2000; and WHEREAS this development within Oakland County has stressed road capacities creating conditions affecting traffic safety; and WHEREAS over time road improvements through this Program have evolved into paving, lane additions or lengthening, bridges, and drainage as they relate to road safety, structure, or relieving congestion which may include fulfilling a local governmental unit’s obligation of matched funding for federally funded road projects; and WHEREAS the County of Oakland has adopted an appropriation in the amount of $1.5 million for the 2003 fiscal year with a proposed budget amount of $1.5 million for fiscal year 2004; and WHEREAS the Board of Commissioners wishes to establish criteria and direction for the use of future County funding appropriated to the Road Fund. NOW THEREFORE BE IT RESOLVED that the General Appropriations Act is hereby amended from “that Road Improvement Funds may be released to the Road Commission upon approval of the specific projects by the General Government Committee of the Board of Commissioners” to “that appropriations to Commissioners Minutes Continued. September 4, 2003 421 the Tri-Party Program may be permitted, in accordance with Public Act 253 of 1917, MCL 247.121, in amounts to be determined on an annual basis in accordance with said Act." BE IT FURTHER RESOLVED that future funding appropriated by the County of Oakland shall be administered in accordance with the attached Tri-Party Program Policy and Procedures included in this resolution as Attachment “A.” Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Attachment A on file in County Clerk’s office. REPORT (MISC. #03237) BY: Audit Subcommittee, Chuck Moss, Chairperson IN RE: TRI-PARTY PROGRAM FUNDING, MAINTENANCE, AND DISBURSEMENT POLICY To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Audit Subcommittee, having completed its review of the Tri-Party Funding Agreement on July 23, 2003, reports with the recommendation that the attached suggested resolution and policies and procedures be adopted. Chairperson, on behalf of the Audit Subcommittee, I move acceptance of the foregoing report. AUDIT SUBCOMMITTEE Copy of letters from James L. Fitzpatrick, Manager, and Appendix A, B, C, D, E, and F on file in County Clerk’s office. Moved by Moss supported by Bullard the resolution be adopted. Moved by Moss supported by Bullard the Audit Subcommittee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Vote on resolution: AYES: Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coulter, Crawford. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #03214) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF THE PRESIDENT’S POSITION REGARDING MARRIAGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03214 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. September 4, 2003 422 MISCELLANEOUS RESOLUTION #03214 BY: Charles E. Palmer, District # 19 IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF THE PRESIDENT'S POSITION REGARDING MARRIAGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the traditional definition of marriage has been the subject of national discussion, resulting in the President of the United States, George W. Bush, presenting his views in support of traditional marriage as part of his policies; and WHEREAS while President George W. Bush has stated that America must remain a welcoming country and that Americans should not be polarized on the issue of homosexuality, President Bush has also stated that the Country should not compromise its fundamental beliefs that marriage is defined strictly as a union between a man and a woman and that his office is reviewing alternatives to codify such fundamental beliefs; and WHEREAS in 1996, President Clinton signed the Defense of Marriage Act, which denied federal recognition of same-sex marriages and allowed states to ignore same-sex unions licensed elsewhere; and WHEREAS Michigan law and statutes provide that marriage is inherently a unique relationship between one man and one woman and supports the President's policies; and WHEREAS as a matter of public policy, Michigan recognizes that it has a compelling interest in encouraging, supporting, and protecting marriage to promote, among other goals, the stability and welfare of society, its families, and its children. Any union contracted between individuals of the same sex is not a marriage in this State; and WHEREAS a constitutional amendment may more properly reflect Michigan's commitment to and compelling interest in promoting the traditional institution of marriage for the betterment of our society; and WHEREAS the people of Oakland County have the right to voice their feelings on an issue that so fundamentally affects the fabric and social foundation of our families and communities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the President of the United States, George W. Bush, and the definition of marriage as exclusively between one man and one woman. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports placing an amendment to the Michigan State Constitution, securing the definition of marriage as exclusively between one man and one woman, before the vote of the people of the State of Michigan. CHARLES PALMER, HUGH CRAWFORD, BILL BULLARD, DAVID MOFFITT, TOM McMILLIN, ERIC WILSON Moved by Patterson supported by Palmer the resolution be adopted. Discussion followed. Moved by Patterson supported by Palmer the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Discussion followed. Moved by Scott supported by Hatchett the resolution be recommitted to the General Government Committee for further consideration. Commissioners Minutes Continued. September 4, 2003 423 Discussion followed. Vote to recommit: AYES: Gregory, Hatchett, Jamian, Law, Patterson, Scott, Suarez, Zack. (8) NAYS: Knollenberg, Kowall, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Potter, Rogers, Webster, Wilson, Bullard, Coulter, Crawford, Douglas. (16) A sufficient majority not having voted, therefore, the motion to recommit failed. Discussion followed. Vote on resolution: AYES: Kowall, Law, Long, McMillin, Moffitt, Palmer, Patterson, Potter, Scott, Webster, Wilson, Bullard, Crawford, Douglas. (14) NAYS: Hatchett, Jamian, Knollenberg, Middleton, Moss, Rogers, Suarez, Zack, Coulter, Gregory. (10) A sufficient majority having voted, therefore the resolution was adopted. REPORT (MISC. #03219) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – OPPOSING HOUSE BILL NO. 4919 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03219 on August 25, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03219 BY: Bill Bullard, Jr., District #2 IN RE: BOARD OF COMMISSIONERS – OPPOSING HOUSE BILL NO. 4919 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on July 2, 2003, Representatives Hoogendyk, Shulman and Sheen introduced House Bill 4919 (HB4919); and WHEREAS HB 4919 would target townships in Oakland, Wayne and Macomb Counties, superseding local zoning; and WHEREAS HB 4919 would allow residential development at a maximum density of 8 units per acre if public water and sewer service is or could be made available; and WHEREAS HB 4919 would also allow mixed use and cluster development at the choice of the developer; and WHEREAS the Oakland County Board of Commissioners has examined HB 4919 and makes the following findings and observations: 1. HB 4919 unfairly targets townships for unprecedented high-density residential development and high intensity mixed use development. 2. HB 4919 would disregard the longstanding efforts of townships to plan for orderly growth, having a devastating impact on the townships' Master Plan. 3. Rather than preventing sprawl, HB 4919 would likely draw people out of the developed communities, causing the further exodus from built-up cities and suburbs, and result in leapfrog development into counties located beyond Oakland, Wayne and Macomb counties. 4. HB 4919 does not take into consideration the infrastructure (such as adequate roads and storm water drainage facilities) and lack of public services (such as recreation services, schools, and library facilities) to service high-density development. Commissioners Minutes Continued. September 4, 2003 424 5. HB 4919 would likely result in unplanned, scattered commercial development within mixed use developments, resulting in a modern version of strip commercial development. 6. HB 4919 fails to recognize the complexity of land use planning and development and the difficulties of providing public infrastructure and services. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby goes on record as being strongly opposed to HB 4919 in its entirety, and encourages State legislators to defeat the Bill. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages legislators to consider more comprehensive, well researched, and reasoned efforts to reform land use legislation. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages other townships, cities, villages and counties to go on record in opposition to HB 4919. BE IT FURTHER RESOLVED that copies of this adopted resolution be sent to Governor Granholm, the Michigan Delegation to the State Legislature, the Michigan Senate Committee on Judiciary, the Michigan Association of Counties and Oakland County's Legislative Lobbyists. Chairperson, we move the adoption of the foregoing resolution. BILL BULLARD, JEFF POTTER, WILLIAM PATTERSON, ERIC WILSON, CHUCK MOSS, HUGH CRAWFORD, CHARLES PALMER, THOMAS MIDDLETON, CHRISTINE LONG, GREG JAMIAN, THOMAS LAW, JOHN SCOTT, EILEEN KOWALL Moved by Patterson supported by Bullard the resolution be adopted. Moved by Patterson supported by Bullard the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Discussion followed. Vote on resolution: AYES: Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Webster, Wilson, Zack, Bullard, Crawford, Douglas, Gregory. (21) NAYS: Suarez, Coulter, Hatchett. (3) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #03172) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILLS 4609-4613: HORSE RACING INDUSTRY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03219 on August 25, 2003, reports with a recommendation that the NOW THEREFORE BE IT RESOLVED paragraph be amended as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby support the proposed legislation contained in House Bills 4609, 4610, 4611, 4612 and 4613 that call for the placement of video lottery games by the Michigan State Lottery only and urges the Michigan Legislature to adopt these measures that would support the Michigan horse racing industry. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. September 4, 2003 425 REPORT (MISC. #03172) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILLS 4609-4613: HORSE RACING INDUSTRY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03172 on August 4, 2003, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03172 BY: David Coulter, District #25 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR HOUSE BILLS 4609-4613: HORSE RACING INDUSTRY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan began regulating the horse racing industry in 1993, with the enactment of the Racing Law of 1933 (Public Act 199); and WHEREAS the largest horse racing track in Michigan is Hazel Park Raceway, which is located in Oakland County; and WHEREAS there are seven racetracks within the southern portion of the Lower Peninsula. In 2001, there were 562 live race dates, the lowest level since 1971. The horse racing industry, which also supports 4-H programs and county fairs, is suffering great economic losses; and WHEREAS the $1.2 billion Michigan Horse Racing industry provides a significant contribution to the state's economy and the creation of over 42,000 jobs, but have been losing about 20% of the business since the advent of casinos; and WHEREAS it is imperative that horse racing facilities be granted the ability to reposition themselves in an increasingly competitive gaming and entertainment market; and WHEREAS currently, the total consumer expenditure, or wagering less prizes, in Michigan from Detroit casinos, Native American casinos, pari-mutuel horse racing and the lottery is an estimated $2.9 billion; and WHEREAS House Bills 4609 - 4613, are a package of bills receiving bipartisan support, to permit (1) off- track wagering on telecast horse racing at racing theatres, including state licensed casinos, (2) account wagering by telephone and internet on horse racing, and (3) the placement of video lottery games at racetracks by the Michigan Bureau of State Lottery; and WHEREAS the addition of Video Lottery Terminals (VLT) at horse racing venues is projected to generate an additional $300 to $800 million in tax revenues. The House Fiscal Agency estimates that the School Aid Fund could receive up to an additional $160 million in revenues and the newly created Agricultural Enhancement Fund could receive up to an estimated $45 million in revenues; and WHEREAS the operation of off-track wagering facilities and video lottery terminals will serve to attract new customers to the state's seven racetracks and increase interest in the facilities; and WHEREAS the Michigan horse racing industry is facing additional pressures from within the industry itself, as it must compete with nearby racing states that are expanding gaming at racetracks; and WHEREAS the failure of the Michigan horse racing industry could cause serious damage to economy of the City of Hazel Park and Oakland County - that would be reverberated throughout the State of Michigan; and WHEREAS the bipartisan package of bills, which passed the House and are now being considered by the Senate, would improve the viability of the horse racing industry enabling a dramatic turnaround in the economic viability of one of the state's most vital economic generators. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby support the proposed legislation contained in House Bills 4609, 4610, 4611, 4612 and 4613 and urges the Michigan Legislature to adopt these measures that would support the Michigan horse racing industry. BE IT FURTHER RESOLVED the Oakland County Clerk forward copies of this adopted resolution be to the Governor of the State of Michigan, the Senate Committee on Gaming and Oversight, the Oakland Commissioners Minutes Continued. September 4, 2003 426 County delegation to the state legislature, the Michigan Association of Counties and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. DAVID COULTER, ERIC COLEMAN, VINCENT GREGORY, HELAINE ZACK, MATTIE HATCHETT, TOM MIDDLETON, BILL BULLARD Action taken on August 14, 2003: Moved by Patterson supported by Coulter the resolution be adopted. Discussion followed. Jim VanLeuven as a point of order stated the proper motion from Robert’s Rules would be to move to recommit for further consideration. Discussion followed. Moved by Middleton supported by Knollenberg the resolution be recommitted to the General Government Committee for further consideration. Discussion followed. Vote to recommit: AYES: Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Scott, Webster, Wilson, Zack, Bullard, Coleman, Coulter. (23) NAYS: None. (0) A sufficient majority having voted, therefore the resolution was recommitted to the General Government Committee for further consideration. Action taken September 4, 2003: Moved by Patterson supported by Coulter the resolution be adopted. Moved by Patterson supported by Coulter the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Coulter the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Coulter the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefore, the motion carried. Discussion followed. Vote on resolution, as amended: AYES: Law, Middleton, Patterson, Potter, Rogers, Wilson, Zack, Bullard, Coulter, Crawford, Gregory, Hatchett. (12) NAYS: Knollenberg, Kowall, Long, McMillin, Moffitt, Moss, Palmer, Scott, Suarez, Webster, Douglas, Jamian. (12) Commissioners Minutes Continued. September 4, 2003 427 A sufficient majority not having voted therefore, the resolution failed. REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS - APPOINTMENTS TO THE WELL PROTECTION AND EDUCATION POLICY ADVISORY COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee hereby recommends that the following individuals be re-appointed to the Well Protection and Education Policy Advisory Committee, as their current terms expire September 24, 2003. The new terms are for three years, and they will expire on September 24, 2006. Gerald Dywasuk, Local Official from Township Relying Primarily on Drinking Water Wells Steve McPherson, Well Driller Joseph Maher, Well Driller Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #03238 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2001-2003 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF’S ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Deputy Sheriff’s Association (OCDSA) have been negotiating a 2 year contract covering approximately 720 Sheriff’s Department employees including Deputy 1 (primarily assigned to the jail), Deputy II (primarily assigned to the road) and Sheriff Communication Agents (dispatch); and WHEREAS a 2–year agreement has been reached for the period October 1, 2001, through September 30, 2003, and said agreement has been reduced to writing; and WHEREAS this agreement provides for a 4% increase for Fiscal Year 2002 for Deputy I and Deputy II and a 5.5% increase for Sheriff Communication Agents; 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; 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 Oakland County Deputy Sheriff’s Association, covering the period of October 1, 2001, 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 Summary of Agreement between Oakland County and Oakland County Deputy Sheriff’s Association on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. September 4, 2003 428 MISCELLANEOUS RESOLUTION #03239 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT – COMMUNITY AND HOME IMPROVEMENT DIVISION – COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION METHODS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland by Miscellaneous Resolution #6961 of January 23, 1975, declared its intention to become designated as an Urban County under the Federal Housing and Community Development Act of 1974, as amended; and WHEREAS the County of Oakland receives U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds; and WHEREAS the County has allocated CDBG funds based on an appropriation methodology since the program's inception which deducts administrative funds up to twenty percent from the grant and apportions one-third of the grant balance to the Oakland County Home Improvement Program and two- thirds of the balance to participating communities; and WHEREAS the County distributes CDBG funds among its participating communities by an allocation formula designed to benefit low and moderate income residents in compliance with federal directives; and WHEREAS the current allocation formula is expressed as (Population of Community R) + 2 (Low/mod Income Households in Community R) + (Overcrowded Households in Community R) ÷ 4 = Percentile for Allocation of the Applicable Funds to the Participating Communities; and WHEREAS a minimum community allocation of $8,000 is granted to any participating community that generates less than $8,000 based on the formula; and WHEREAS the CDBG appropriation methodology and CDBG formula are reviewed every ten years when new U.S. Census information becomes available; and WHEREAS the Oakland County Community and Home Improvement Citizens Advisory Council (CAC) established a review committee to assess the existing allocation methodology, formula and minimum allocation amount; and WHEREAS the Citizens Advisory Council accepted and approved the review committee's appropriation recommendations on August 13, 2003 by a roll call vote of 9 yeas and 1 nay; and WHEREAS the Citizens Advisory Committee recommends approval of the committee's proposed CDBG appropriation modifications which a.) deduct administrative funds up to twenty percent from the grant and apportions forty percent of the grant balance to the Oakland County Home Improvement Program and sixty percent of the balance to participating communities, b.) allocate community funding by a formula expressed as (Population of Community R) + 3 (Low/mod Income Households in Community R) ÷ 4 = Allocation Percentile and c.) grant a minimum of $8,000 to any participating community that generates less than $8,000 under the formula; and WHEREAS the Planning and Building Committee has reviewed the proposed CDBG allocation methods. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Community and Home Improvement Division to administer the Community Development Block Grant funding using the recommended allocation methods beginning with the 2004 CDBG Program Year as follows: a.) deduct administrative funds up to twenty percent from the grant and apportions one- third of the grant balance to the Oakland County Home Improvement Program and two-thirds of the balance to participating communities, b.) allocate community funding by a formula expressed as (Population of Community R) + 3 (Low/mod Income Households in Community R) ÷ 4 = Allocation Percentile, and c.) grant a minimum of $8,000 to any participating community that generates less than $8,000 under the formula. BE IT FURTHER RESOLVED that any future changes in the allocation methods would require approval of the Oakland County Board of Commissioners. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. September 4, 2003 429 MISCELLANEOUS RESOLUTION #03240 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER – CONTINUATION OF WATERSHED MANAGEMENT PROGRAM AND OF TWO (2) ENVIRONMENTAL PLANNER I, ONE (1) ENGINEERING TECHNICIAN, ONE (1) GIS/CAD TECHNICIAN I POSITION AND ONE (1) CONSTRUCTION INSPECTOR I, FISCAL YEAR 2004 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS the U.S. Environmental Protection Agency’s Phase II Storm Water Regulations (“Phase II”) under the Federal Clean Water Act went into effect March, 2003; and WHEREAS the Phase II regulations mandate that communities located within or near an "urbanized" area must establish a program that comprises six minimum requirements designed to eliminate or reduce polluted storm water runoff into separate storm drain systems; and WHEREAS the six minimum requirements include: (1) Public Education and Outreach; (2) Public Participation/Involvement; (3) Illicit Discharge Detection and Elimination; (4) Construction Site Runoff; (5) Post-Construction Site Runoff; and (6) pollution Prevention and Good Housekeeping; and WHEREAS the Michigan Department of Environmental Quality can initiate enforcement actions and impose fines against communities that fail to comply with the Phase II regulations; and WHEREAS Oakland County and 40 of the 61 Oakland County communities sought coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit No. MIG610042 ("general permit") issued by the Michigan Department of Environmental Quality; and WHERES the Phase II requirements are set forth in the in the general permit; and WHEREAS in 2002 the Oakland County Drain Commissioner (OCDC) proposed a program (“watershed management program”) that would be coordinated through Chapter 20 of the Drain Code; and WHEREAS Miscellaneous Resolution #02104 was adopted by the Board of Commissioners for the creation of the watershed management program with General Fund funding through fiscal year 2003; and WHEREAS due to the County budget concerns for fiscal year 2002-2003, the County implemented a hiring freeze that delayed the hiring of staff for the watershed management program; and WHEREAS the watershed management program is addressing water quality and stormwater issues including soil erosion and sedimentation control, stormwater design standards and engineering practices, watershed planning, and operations and maintenance; and WHEREAS the watershed management program is presently coordinating the general permit requirements that includes sub-watershed/stormwater planning assistance, Public Education-Outreach, and Illicit Discharge Detection and Elimination; and WHEREAS the watershed management program is facilitating and coordinating existing and newly developed programs to maximize efficiencies that would not be possible at the local level; and WHEREAS although no community has petitioned for a new Chapter 20 drainage district along watershed boundaries, many are still considering the OCDC proposal; and WHEREAS the Drain Commissioner requests the continuation of funding through Fiscal Year 2004 for the Watershed Management Program and for the two (2) Environmental Planner I positions, one (1) Engineering Technician, and one (1) GIS/CAD Technician I position to implement the proposed program; and WHEREAS the Drain Commissioner requests the continuation one Construction Inspector I position 61326-07094 to remain within the Environmental Unit and continue to be listed as GF/GP funding; and WHEREAS the funding for said unit is a carry over from the remaining Fiscal Year 2003 budget and therefore will not require any additional general fund appropriation beyond what was designated and appropriated in the Fiscal 2003 budget as identified in the attached Exhibit A ("Estimated FY 2004 cost for the continuation of the watershed management program"); and WHEREAS an organizational unit titled "Environmental Unit" will continue within the Engineering & Construction Division of the Drain Commissioner's Office. NOW THEREFORE BE IT RESOLVED that the organizational unit titled "Environmental Unit" be continued within the Engineering & Construction Division of the Drain Commissioners Office. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes one Construction Inspector I position 61326-07094 remain within the Environmental unit and continue to be listed as GF/GP funding. Commissioners Minutes Continued. September 4, 2003 430 BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the continuation of two (2) GF/GP Environmental Planner I positions, one (1) GF/GP Engineering Technician position, and one (1) GIS/CAD Technician I position in the Watershed Management unit. BE IT FURTHER RESOLVED that the funding of said program and positions remain GF/GP funding for Fiscal Year 2004. BE IT FURTHER RESOLVED that funding contingency beyond Fiscal 2003 as provided in Miscellaneous Resolution #02104, is hereby extended to FY 2004 and the continuation of said positions beyond FY 2004 is contingent upon establishment of watersheds or sub-watersheds under Chapter 20 of the Drain Code. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Exhibit A on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03241 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER/AUTOMATION OF DRAIN COMMISSIONER’S WATER, SANITARY/COMBINED SEWER AND STORM WATER RECORDS – PHASE 2 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS recent federal regulatory actions surrounding the newly introduced concept of Capacity Management for Operations and Maintenance (CMOM) will lead to future significant environmental related projects; and WHEREAS financial reporting requirements of newly issued Statement #34 of the Governmental Accounting Standards Board (GASB) require capitalization of all infrastructure assets, including water, sewer and drain systems; and WHEREAS these demands result in an increased need for a standardized infrastructure records management system; and WHEREAS the Infrastructure Management Geographic Information System will automate all water, sanitary/combined sewer and storm water records maintained by the Oakland County Drain Commissioner and convert those records to a GIS format; and WHEREAS the functions in the future system will integrate with the County’s GIS program and support day-to-day operations, public education, preventive maintenance, compliance matters, assessing, planning/modeling, and other functions critical to the operation of the Drain Commissioner’s Office; and WHEREAS this effort will permit future access to the records by the public, developers, consulting engineers and other individuals; and WHEREAS this effort will provide future benefit to cities, villages, and townships within Oakland County; and WHEREAS monies previously appropriated to the Drain Commissioner’s Office have been used to review technology and data requirements, establish defined standard data elements, upgrade computer hardware and complete Phase 1 of the Drain Commissioner’s Infrastructure Management Geographic Information System; and WHEREAS included are supporting documents: Exhibits A, showing high-level cost estimates for completion of Phase 2 and, Exhibit B, a detailed cost and scope and approach for the Water portion of the conversion effort; and WHEREAS $2,070,000 has been designated in the County’s General Fund for Phase 2 of the Drain Commissioner’s Office Infrastructure Management Geographic Information System. NOW THEREFORE BE IT RESOLVED that the Board of Commissioner’s approves Phase 2 of the Drain Commissioner’s Infrastructure Management Geographic Information System conversion project with a total estimated cost of $2,365,718. Chairperson, on behalf of the Planning and Building Committee I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. September 4, 2003 431 Copy of Drain GIS/IT Appropriation – Phase 2: Full Conversion Estimate and Exhibit B on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03242 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CITY OF FARMINGTON HILLS FOR THE NEW COUNTY-WIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by MR #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperability between public safety agencies; and WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and MR #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies and create interoperability between public safety agencies; and WHEREAS to properly implement and operate the new County-wide radio system, the County will need to build towers, lease land, and/or lease space on towers at sites throughout the County; and WHEREAS it is the recommendation of the Departments of Facilities Management and Information Technology that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached construction license and lease agreement for the premises located at 31655 West Eleven Mile Road, Farmington Hills, Michigan; and WHEREAS under the attached construction license and lease agreement, the County will construct the tower located at 31655 West Eleven Mile Road, Farmington Hills; the County will sell the tower to the City of Farmington Hills for one ($1) dollar upon completion, and the City of Farmington Hills will lease the County space on the tower for one ($1) dollar per year; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached construction license and lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached construction license and lease agreement between the County of Oakland and the City of Farmington Hills. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson to execute the attached construction license and lease agreement between the County of Oakland and the City of Farmington Hills. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Construction License and Lease Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #03233) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: BOARD OF COMMISSIONERS – ACCEPTANCE OF GIFT TO THE OAKLAND COUNTY INTERNATIONAL AIRPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed MR #03233 on August 26, 2003, reports with the recommendation that the resolution be adopted. Commissioners Minutes Continued. September 4, 2003 432 Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #03233 BY: David L. Moffitt, District #15 IN RE: BOARD OF COMMISSIONERS – ACCEPTANCE OF GIFT TO THE OAKLAND COUNTY INTERNATIONAL AIRPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in the 20th Century the art of model making moved from the studio, workshop, and factory to the home as a widespread and popular hobby; and WHEREAS the art of model making involves hours of concentration and skillful crafting of minute details to achieve historically accurate renditions; and WHEREAS Charles Jacobs, a skilled modeler, sought placement of an exquisitely crafted collection of model aircraft with a suitable museum or facility where they would be on display to an appropriate audience, and at the request of fellow model enthusiast Commissioner David L. Moffitt, has graciously offered to make a gift of these models, some seventy in number, with an estimated value of over $12,000.00, to the Oakland County International Airport, which has promised to display them in their lobby/terminal area, with credit to the builder and donor, alongside its historic aviation memorabilia; and WHEREAS MR #83204 requires that gift donations with a value of $10,000.00 or more, with no match or other financial obligations to the County, be reviewed by the department's/division's Iiasion committee, acknowledged by the Board of Commissioners by signed resolution, accounted for in the appropriate departmental donation account, and recorded as a general fixed County asset. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners acknowledges receipt of the generous gift of model aircraft by Mr. Charles Jacobs. BE IT FURTHER RESOLVED that the donation be accounted for in the appropriate department's donation account and recorded as a general fixed County asset. Chairperson, we move the adoption of the foregoing resolution. DAVID MOFFITT, THOMAS LAW, MATTIE HATCHETT, DAVID COULTER, GREG JAMIAN, HUGH CRAWFORD, CHUCK MOSS The Chairperson referred the resolution to the General Government Committee and Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03243 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT - AUTHORIZATION FOR SALE OF RECOVERED AND STOLEN PROPERTY IN FALL AUCTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the provisions of Act 54 of the Public Act of 1959, as amended, requires board authorization for the disposal of recovered and stolen property that has been unclaimed for six (6) months; and WHEREAS the Department of Central Services conducts a spring and fall auction for the County of Oakland; and WHEREAS the fall auction will be held on Saturday, October 4, 2003; and WHEREAS the Sheriff of Oakland County, by letter of August 18, 2003, has requested the authority of the Oakland County Board of Commissioners to proceed with the sale of the aforementioned items, as detailed in the attached list, in the fall auction. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Sheriff of Oakland County to dispose of unclaimed property in the manner prescribed in Act 54 of the Public Acts of 1959, as amended. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. September 4, 2003 433 Copy of County of Oakland Inventory Sheet Spring/Fall Auctions on file in County Clerk’s office. Moved by Crawford supported by Suarez the resolution be adopted. AYES: Law, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #03244 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS/SOUTHEASTERN OAKLAND COUNTY RESOURCE TEAM (SOCRT) TO RECLASSIFY ONE (1) DEPUTY II TO SERGEANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #96186 allowed the Sheriff Department to participate in a COPS grant through the City of Troy to form a Community Policing Resource Team; and WHEREAS the funding has expired and the local communities would like to continue this successful effort; and WHEREAS the Community Policing Resource Team focuses on neighborhoods and quality of life issues and has requested the leadership of the Sheriff's Department; and WHEREAS Miscellaneous Resolution #02239 authorized the Sheriff’s Office to utilize Forfeited Funds to continue the funding of one (1) Deputy II position for the 2003 fiscal year budget; and WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $692,386.23 (balance as of 8/11/03) as a result of Sheriff Department forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to upwardly reclassify this position from a Deputy II to Sergeant to provide adequate leadership to this community project and to fund this position until September 30, 2004. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of funds from the Sheriff Department Law Enforcement Enhancement Account (#101-43-23101- 10000-2203-60053) to continue to fund and operate one (1) GF/GP Deputy II funded position (#43915- 07927) for the purpose of the Southeastern Oakland County Resource Team, through 9/30/04. BE IT FURTHER RESOLVED that the Deputy II position (#043915-07927) be reclassified to Sergeant in order to function as the leader of the Community Policing Resource Team. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Personnel Committee and Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03245 BY: Tom Middleton, District #4 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF INDEPENDENCE – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and Commissioners Minutes Continued. September 4, 2003 434 WHEREAS pursuant to the Disbursement Policy, the Charter Township of Independence has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Charter Township of Independence is $15,232.31 from the West Nile Virus Fund as repayment to the Charter Township of Independence for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Independence as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $15,232.31 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of Independence for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. TOM MIDDLETON Copy of George J. Miller, M.A., Oakland County Health Division, West Nile Virus Fund Reimbursement Request from Charter Township of Independence on file in County Clerk’s office. The Chairperson referred the resolution to the General Government Committee and Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION # 03246 BY: Commissioners Thomas F. Middleton, District #4; Eileen T. Kowall, District #6 IN RE: BOARD OF COMMISSIONERS - COMMISSIONERS INELIGIBLE FOR COUNTY APPOINTMENT UPON RESIGNATION FROM OFFICE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS over the past three years, the Oakland County Board of Commissioners has experienced the resignation of three Commissioners during their term of office; and WHEREAS Public Act 261 of 1966, provides that when a seat on the Board of Commissioners becomes vacant, and if the County Board of Commissioners does not fill the vacancy by appointment within 30 days, that vacancy shall be filled by a special election regardless of whether the year is an election year or an odd year; and WHEREAS the costs associated with holding a Special Primary Election and a Special Election are not anticipated in the budgets of the affected local governments and thereby poses an unanticipated financial hardship on the local communities and leaves the constituents of the County Commissioner District without representation until the seat is filled; and WHEREAS the 1963 Constitution of the State of Michigan, Article IV, Section 9, provides that, "No person elected to the legislature shall receive any civil appointment within this state from the governor, except notaries public, from the legislature, or from any other state authority, during the term for which he is elected"; and WHEREAS making elected officials ineligible to seek appointments from the same governmental unit to which they have been elected upholds and respects the reasonable expectations of voters that elected officials whom they have duly elected will serve their entire term of office. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes a policy prohibiting any person elected or appointed to the office of Oakland County Commissioner from receiving any civil appointment within Oakland County from the County Executive, from the Board of Commissioners, or from any other County authority, during the term of office for which they were elected. BE IT FURTHER RESOLVED that this adopted policy in no way precludes Oakland County Commissioners from being appointed to serve on boards and commissions associated with the performance of their elected office and held in conjunction with their term of office. Commissioners Minutes Continued. September 4, 2003 435 Chairperson, we move the adoption of the foregoing Resolution. TOM MIDDLETON, EILEEN KOWALL, SUE ANN DOUGLAS, TOM McMILLIN, MATTIE HATCHETT, VINCENT GREGORY, HELAINE ZACK, GEORGE SUAREZ, GREG JAMIAN The Chairperson referred the resolution to the General Government Committee and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION # 03247 BY: Commissioner Helaine Zack, District #22 IN RE: BOARD OF COMMISSIONERS - BOARD RULE AMENDMENT FOR APPOINTING SUBSTITUTE COMMISSIONER TO THE PERSONNEL APPEAL BOARD To Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #4606 adopted the existing Oakland County Merit System for County employees; and WHEREAS Section VI. Established the Personnel Appeal Board to act as the final county appeal body in matters of dismissals, suspensions, demotions and disciplinary actions involving covered County employees and departments and whose decisions are binding on such employees and departments; and WHEREAS the Appeal Board is made up of five (5) members - two (2) members are selected by the County's employees and two (2) members of the Board of Commissioners are appointed pursuant to the rules of the Board of Commissioners with the approval of the Board of Commissioners and the fifth member to be selected by a majority vote of the four (4) members; and WHEREAS Miscellaneous Resolution #84191 authorized the Chairperson of the Board of Commissioners to appoint a substitute panel from former Commissioner members of the Personnel Appeal Board to serve on a temporary basis when a commissioner member is unavailable; and WHEREAS historically, the appointment of Commissioners to the Personnel Appeal Board has been on a partisan basis - one member appointed from the majority party and one member appointed from the minority party; and WHEREAS in the event of an absence of a Commissioner appointed to the Personnel Appeal Board, in the spirit of fairness and equity for the employees, the Commissioner that is appointed to serve on a temporary basis should be from the same political party as the Commissioner whom they are replacing and the Chairperson's appointment should be approved by the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby amends the Board Rules for the Oakland County Board of Commissioners to reflect that in the absence of a Commissioner who is appointed to serve on the Personnel Appeal Board, the Chairperson of the Oakland County Board of Commissioners is authorized to appoint a Commissioner to serve on a temporary basis. BE IT FURTHER RESOLVED that the Commissioner appointed to temporarily fill the Commissioner vacancy on the Personnel Appeal Board shall be of the same political party as the Commissioner who is unavailable to serve. BE IT FURTHER RESOLVED that the appointment of a Commissioner by the Chairperson of the Board of Commissioners, as a substitute on Personnel Appeal Board shall be approved and confirmed by a vote of the Board of Commissioners. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, VINCENT GREGORY, MATTIE HATCHETT, GEORGE SUAREZ The Chairperson referred the resolution to the Personnel Committee. There were no objections. Commissioners Minutes Continued. September 4, 2003 436 MISCELLANEOUS RESOLUTION #03248 BY Martin J. Knollenberg, District #13; Charles E. Palmer, District #19; Chuck Moss, District #20; and George W. Suarez, District #24 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF TROY – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Troy has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Troy is $30,057.91 from the West Nile Virus Fund as repayment to the City of Troy for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Troy as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $30,057.91 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Troy for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, we move the adoption of the foregoing resolution. MARTIN KNOLLENBERG, CHARLES PALMER, CHUCK MOSS, GEORGE SUAREZ Copy of letter from George J. Miller, M.A. Oakland County Health Division, West Nile Virus Fund Reimbursement Request, Attachment A, B, and C on file in County Clerk’s office. The Chairperson referred the resolution to the Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #03249 BY: Martin J. Knollenberg, District #13 IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF SENATE BILL 687, SPONSOR SENATOR MIKE BISHOP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS SB 687 amends PA 139 of 1973 to clarify procedures for the vacancy in a county executive office; and WHEREAS SB 687 relates to county government, employees and officers; and WHEREAS the bill, as introduced, provides new language (Section 9a) requiring the County Board of Commissioners to appoint a new county executive within 30 days of when a vacancy occurs by the county executive due to death or resignation; and WHEREAS the Study Group of the Oakland County Board of Commissioners recommends that the Oakland County Board of Commissioners support SB 687, as introduced, provided that Section 10 of this proposed legislation is clarified and concerns are addressed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners support SB 687, as introduced, so long as Section 10 is clarified and concerns of this provision are addressed. Chairperson, we move the adoption of the foregoing resolution. MARTIN KNOLLENBERG, BILL BULLARD, EILEEN KOWALL Copy of Senate Bill 687 on file in County Clerk’s office. Commissioners Minutes Continued. September 4, 2003 437 The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #03250 BY: Eric S. Wilson, District #3 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF LAKE ORION – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Village of Lake Orion has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Village of Lake Orion is $1,031.78 from the West Nile Virus Fund as repayment to the Village of Lake Orion for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Lake Orion as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $1,031.78 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Village of Lake Orion for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. ERIC WILSON Copy of letter from George Miller, M.A. Oakland County Health Division, West Nile Virus Fund Reimbursement Request, and attachments A, B, and C on file in County Clerk’s office. The Chairperson referred the resolution to the General Government Committee and Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03251 BY: William R. Patterson, District #1 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF ORTONVILLE – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Village of Ortonville has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Village of Ortonville is $617.78 from the West Nile Virus Fund as repayment to the Village of Ortonville for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Ortonville as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $617.78 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Village of Commissioners Minutes Continued. September 4, 2003 438 Ortonville for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM PATTERSON Copy of letter from George J. Miller, M.A., West Nile Virus Fund Reimbursement Request, and attachments A,.B, and C on file in County Clerk’s office. The Chairperson referred the resolution to the General Government Committee and Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03252 BY : Hugh D. Crawford, District #9 and Jeff Potter, District #8 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NOVI – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Novi has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Novi is $19,191.92 from the West Nile Virus Fund as repayment to the City of Novi for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Novi as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $19,191.92 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Novi for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, we move the adoption of the foregoing resolution. HUGH CRAWFORD, JEFF POTTER Copy of letter from George J. Miller, M.A. Oakland County Health Division, letter from City of Novi authorizing West Nile Virus Fund Request for Reimbursement, Resolution from the City of Novi authorizing request for reimbursement, and Invoices on file in County Clerk’s office. The Chairperson referred the resolution to the General Government Committee and Finance Committee. There were no objections. In accordance with Rule XII.G, the Chairperson made the following referrals: GENERAL GOVERNMENT COMMITTEE a. Midland County Board of Commissioners – Request of Local Government Participation in the State Purchasing Program b. Arenac County Board of Commissioners – Stress the Importance of Revenue Sharing to Counties and Request that No Further Cuts be Made. The Board adjourned at 1:20 p.m. to the call of the Chair or September 18, 2003, at 9:30 a.m. LAWRENCE MITCHELL THOMAS A.LAW Deputy County Clerk Chairperson