HomeMy WebLinkAboutMinutes - 2004.01.22 - 83409
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
January 22, 2004
Meeting called to order by Chairperson Thomas Law at 9:50 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian,
Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter,
Rogers, Scott, Suarez, Webster, Wilson, Zack. (25)
ABSENT: None. (0)
Quorum present.
Invocation given by John Scott.
Pledge of Allegiance to the Flag.
Moved by Long supported by Hatchett the minutes of the January 8, 2004 Board Meeting be approved.
A sufficient majority having voted therefore, the minutes were approved as printed.
Moved by Webster supported by Rogers the rules be suspended and the agenda be amended by
removing General Government Committee, item b: Board of Commissioners – Oakland County Senior
Prescription Discount Program Extension.
Vote on agenda as amended:
AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg,
Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott,
Suarez, Webster, Wilson, Zack. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the motion to suspend the rules and amend the agenda
carried.
Chairperson Thomas A. Law along with Commissioners Eric Wilson, Tom McMillin, and William Patterson
presented a proclamation to the Lake Orion High School Boys’ Soccer Team recognizing them as the
Division I District and League Champions, as well as the OAA Division II Champions, and commending
them for representing the Lake Orion community and Oakland County with championship-style and pride.
Commissioners Minutes Continued. January 22, 2004
10
Chairperson Thomas A. Law along with Commissioners Eric Wilson, Tom McMillin, and William Patterson
presented a proclamation to Billy Weaver for his exceptional achievements and outstanding
sportsmanship which has resulted in him receiving All District, All League, All Regional, All State honors,
as well as being named an Adidas All-American, State of Michigan’s Mr. Soccer, and as a member of the
Michigan Dream Team.
Deputy Clerk/Register James VanLeuven read a communication from County Executive L. Brooks
Patterson re-appointing Judith Cunningham and Gordon Snavely to the Claims Review Committee.
Deputy Clerk/Register James VanLeuven read a communication from Commissioner Tom McMillin in
regards to his earlier motion (which died due to lack of support) to discharge the Finance Committee
concerning a resolution he had introduced reducing the travel budget for the Board of Commissioners.
Moved by Knollenberg supported by Douglas the resolutions on the Consent Agenda, be adopted (with
accompanying reports being accepted). (The vote for this motion appears on page 40.) The resolutions
on the Consent Agenda follow (annotated by an asterik {*}):
*REPORT (MISC. #03358)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: TREASURER – e-Tax/@ccess – OAKLAND INTERNET PROPERTY TAX INQUIRY AND
PAYMENT SYSTEM PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #03358 on
January 12, 2004, 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 #03358
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: TREASURER – e-Tax/@ccess - OAKLAND INTERNET PROPERTY TAX INQUIRY AND
PAYMENT SYSTEM PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Treasurer Office with support from Information Technology wishes to enhance the ability
to collect current and delinquent taxes, through a new electronic property tax payment/collection system
called e-Tax Payments; and
WHEREAS the project goal is to allow taxpayers the ability to pay delinquent and current taxes via the
Internet through Access Oakland by March 1, 2004; and
WHEREAS the business objective of this project is to improve the flow of tax payments for both the
County and for Local taxing units; and
WHEREAS this project will reduce the cost of collecting both current and delinquent taxes; and
WHEREAS benefits to the taxpayers include: improved customer satisfaction by offering an alternative
method for paying their taxes and avoiding a trip to Pontiac for payment of delinquent taxes, or to their
local taxing office (city, village hall, or township (CVT’s)); and
WHEREAS there are many benefits both to Oakland County and the taxpayers which include:
1. Cost saving by reducing the need for clerks to look up tax delinquencies, reduced counter
traffic, and cashier payment-processing time.
2. Increased cash flow from the project will result in increased investment interest earnings.
3. Improved customer service for both taxpayers and mortgage companies in accessing and
paying their taxes.
4. Wait time for customers is reduced, and it will encourage E-government as an alternative to
face to face service delivery; and
WHEREAS in Oakland County 40,000 plus properties are returned delinquent each year, and it is
anticipated that 10% of those properties would use the Internet application to review and pay their
Commissioners Minutes Continued. January 22, 2004
11
account, thereby increasing collections, and producing tangible benefits including cost savings, and cost
avoidance; and
WHEREAS this project will not require additional staff, however, it will require funding for Information
Technology Development of $205,570; and
WHEREAS funding for this project is available in the General Fund, Designation for Operational
Improvements, general ledger account #9407-001000, with an anticipated positive Return on Investment
(ROI) in four (4) years.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
development and implementation of the e-Tax Payment System.
BE IT FURTHER RESOLVED that the FY 2004 Budget be amended as follows:
GENERAL FUND (101) FY 2004
Revenues
1-90-190000-14000-1582 Planned Use of Fund Balance $205,570
3-90-310000-98636-8001 Operating Transfer Out ($205,570)
$ -0-
INFORMATION TECHNOLOGY FUND (636)
Revenues
3-18-636113-98101-1701 Operating Transfer In $ 205,570
Expenditures
2-18-636172-24000-3348 Professional Services $ 205,570
$ -0-
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
*MISCELLANEOUS RESOLUTION #04001
BY: Tom McMillin, District #11
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE
CITY OF AUBURN HILLS – FISCAL YEARS 2001, 2002 AND 2003 ALLOCATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure
Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share
of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs);
and
WHEREAS pursuant to the Disbursement Policy, The City of Auburn Hills has submitted a resolution of
authorization to the County for reimbursement of expenses incurred in connection with an eligible
environment remediation of improvement project; and
WHEREAS The City of Auburn Hills is requesting reimbursement for expenses directly related to the
construction of the Vinewood Drain; and
WHEREAS the FY 2001, FY 2002 and FY 2003 authorized amount of funding for The City of Auburn Hills
is $119,533.16 annually from the Environmental Infrastructure Fund as repayment to The City of Auburn
Hills for expenses incurred in connection with environmental remediation or improvement projects.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
projects submitted by The City of Auburn Hills as eligible for reimbursement from the Environmental
Infrastructure Fund.
BE IT FURTHER RESOLVED that the Board authorizes the FY 2001, FY 2002 and FY 2003
appropriations in the amount of $119,533.16 annually from the Environmental Infrastructure Fund
(Account #90-263232-41000-3985) to repay The City of Auburn Hills for expenses incurred with the
construction of the Vinewood Drain, once proper invoices are presented.
Chairperson, I move the adoption of the foregoing resolution.
TOM MCMILLIN
Copy of letter from William R. Ross, City Manager – Auburn Hills, Attachments A, B, C, Check Request,
letter from Glenn R. Appel, Project Engineer, Estimate of Project Cost for Vinewood Drain, and
Apportionment for the Vinewood Drain on file in County Clerk’s office.
Commissioners Minutes Continued. January 22, 2004
12
FISCAL NOTE (MISC #04001)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE
CITY OF AUBURN HILLS - FISCAL YEARS 2001, 2002 AND 2003 ALLOCATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Annual funding of $119,533.16 is available in the Environmental Infrastructure Fund for
FY 2001, FY 2002 and 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 40.)
*MISCELLANEOUS RESOLUTION #04003
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: TREASURER’S OFFICE – APPROVAL OF THE COUNTY'S DEBT POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County Treasurer, Members of the County Executive staff and the County Drain
Commissioner have been working on formalizing the policies, procedures and guidelines used by the
County in the issuing of its Debt; and
WHEREAS that combined effort has produced the Debt Management Policies and guidelines manual
attached; and
WHEREAS the Association of Public Treasurers United States and Canada has reviewed the Debt
Management Policies & Guidelines manual and has issued its coveted Debt Policy Certification.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the
Debt Management Policies & Guidelines manual for Oakland County, as submitted by the County
Treasurer.
BE IT FURTHER RESOLVED that this policy shall remain in effect until amended or replaced by action of
the Board of Commissioners.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Debt Management Policies and Guidelines, January 2004 on file in County Clerk’s office.
(The vote for this motion appears on page 40.)
* MISCELLANEOUS RESOLUTION #04004
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 2003
TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies And Gentlemen:
WHEREAS ad valorem real property taxes are imposed by the County and the local taxing units within
the County on July 1 and/or December 1 of each year; and
WHEREAS a certain portion of these taxes remain unpaid and uncollected on March 1 of the year
following assessment, at which time they are returned delinquent to the County's treasurer (the
"Treasurer"); and
WHEREAS the Treasurer is bound to collect all delinquent taxes, interest and property tax administration
fees that would otherwise be payable to the local taxing units within the County; and
WHEREAS the statutes of the State of Michigan authorize the County to establish a fund, in whole or in
part from borrowed proceeds, to pay local taxing units within the County their respective shares of
Commissioners Minutes Continued. January 22, 2004
13
delinquent ad valorem real property taxes in anticipation of the collection of those taxes by the Treasurer;
and
WHEREAS the County Board of Commissioners (the "Board") has adopted a resolution authorizing the
County's Delinquent Tax Revolving Fund (the "Revolving Fund Program"), pursuant to Section 87b of Act
No. 206, Michigan Public Acts of 1893, as amended ("Act 206"); and
WHEREAS such fund has been established to provide a source of monies from which the Treasurer may
pay any or all delinquent ad valorem real property taxes that are due the County, and any city, township,
school district, intermediate school district, community college district, special assessment district,
drainage district, or other political unit within the geographical boundaries of the County participating in
the County's Revolving Fund Program pursuant to Act 206 ("local units"); and
WHEREAS the Treasurer is authorized under Act 206, and has been directed by the Board, to make such
payments with respect to delinquent ad valorem real property taxes (including the property tax
administration fees assessed under subsection (6) of Section 44 of Act 206) owed in 2003 to the County
and the local units (collectively, the "taxing units") that will have remained unpaid on March 1, 2004 and
the Treasurer is authorized to pledge these amounts in addition to any amounts not already pledged for
repayment of prior series of notes (or after such prior series of notes are retired as a secondary pledge)
all as the Treasurer shall specify in an order when the notes authorized hereunder are issued (the
"Delinquent Taxes"); and
WHEREAS the Board has determined that in order to raise sufficient monies to adequately fund the
Revolving Fund, the County must issue its General Obligation Limited Tax Notes, Series 2004 in one or
more series, in accordance with Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206 and on the terms and
conditions set forth below.
Now therefore be it resolved by the Oakland County Board of Commissioners as follows:
I.
GENERAL PROVISIONS
101. Establishment of 2004 Revolving Fund. In order to implement the continuation of the
Revolving Fund Program and in accordance with Act 206, the County hereby establishes a
2004 Delinquent Tax Revolving Fund (the "Revolving Fund") as a separate and segregated
fund within the existing Delinquent Tax Revolving Fund of the County previously
established by the Board pursuant to Section 87b of Act 206.
102. Issuance of Notes. The County shall issue its General Obligation Limited Tax Notes, Series
2004 in one or more series (the "Notes"), in accordance with this Resolution and Sections
87c, 87d, 87e, 87f, 87g and 89 of Act 206, payable in whole or in part from the Delinquent
Taxes and/or from the other sources specified below.
103. Aggregate Amount of Notes.
(a) The Notes shall be issued in an aggregate amount to be determined by the Treasurer
in accordance with this Section.
(b) The aggregate amount of the Notes shall not be less than the amount by which the
actual or estimated Delinquent Taxes exceeds (i) the County's participating share of
Delinquent Taxes, and (ii) any sums otherwise available to fund the Tax Payment
Account established under Section 702 (including any monies held in respect of Section
704(c)).
(c) The aggregate amount of the Notes shall not be greater than the sum of (i) the actual
amount of the Delinquent Taxes pledged to the payment of debt service on the Notes,
plus (ii) the amount determined by the Treasurer to be allocated to a reserve fund.
Original proceeds of the Notes devoted to a reserve fund shall not exceed the lesser of
(A) the amount reasonably required for those of the Notes secured by the reserve fund,
(B) 10% of the proceeds of such Notes, (C) the maximum amount of annual debt service
on such Notes, or (D) 125% of average annual debt service on such Notes.
(d) The aggregate amount of the Notes shall be designated by the Treasurer by written
order after (i) the amount of the Delinquent Taxes, or the amount of Delinquent Taxes to
be funded by the issuance of the Notes, has been estimated or determined, and (ii) the
amount of the reasonably required reserve fund has been calculated. Delinquent Taxes
shall be estimated based on delinquencies experienced during the past three fiscal years
and on demographic and economic data relevant to the current tax year, and shall be
Commissioners Minutes Continued. January 22, 2004
14
determined based on certification from each of the taxing units. The amount of the
reasonably required reserve fund shall be calculated pursuant to such analyses and
certificates as the Treasurer may request.
104. Proceeds. If the Notes are issued and sold before the Treasurer has received certification
from the taxing units of the amount of the Delinquent Taxes and if such certification is not
reasonably anticipated to occur to allow distribution of the proceeds of the Notes within 20
days after the date of issue, the proceeds of the Notes shall be deposited in the County's
2004 Delinquent Tax Project Account and thereafter used to fund the whole or a part of the
County's 2004 Tax Payment Account, 2004 Note Reserve Account and/or 2004 Note
Payment Account, subject to and in accordance with Article VII. If the Notes are issued
and sold on or after such time, the proceeds of the Notes shall be deposited directly into
the County's 2004 Tax Payment Account, 2004 Note Reserve Account and/or 2004 Note
Payment Account, as provided in Article VII.
105. Treasurer's Order Authorizing Notes and Establishing Delinquent Taxes. At or prior to the
time any Notes are issued pursuant to this resolution, the Treasurer, as authorized by Act
206, may issue a written order specifying the amount and character of the Delinquent
Taxes, the Article or Articles under which the Notes are being issued and any other matters
subject to the Treasurers control under either this resolution or Act 206.
II.
FIXED MATURITY NOTES
201. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued
in accordance with this Article II. All reference to "Notes" in Article II refers only to Notes
issued pursuant to Article II, unless otherwise specified.
202. Date. The Notes shall be dated as of the date of issue or as of such earlier date specified
by written order of the Treasurer.
203. Maturity and Amounts. Notes issued pursuant to this Article II shall be structured in
accordance with subsections (a) or (b) below as determined by the Treasurer pursuant to
written order.
(a) The first maturity of the Notes or of a series of the Notes shall be determined by the
Treasurer pursuant to written order, but shall not be later than two years after the date of
issue. Later maturities of the Notes shall be on the first anniversary of the preceding
maturity or on such earlier date as the Treasurer may specify by written order. The Notes
shall be structured with the number of maturities determined by the Treasurer to be
necessary or appropriate, and the last maturity shall be scheduled for no later than the
fourth anniversary of the date of issue. The amount of each maturity shall be set by the
Treasurer when the amount of Delinquent Taxes is determined by the Treasurer or when
a reliable estimate of the Delinquent Taxes is available to the Treasurer. In determining
the exact amount of each maturity the Treasurer shall consider the schedule of
delinquent tax collections prepared for the tax years ending December 31, 2003, and the
corollary schedule setting forth the anticipated rate of collection of those Delinquent
Taxes which are pledged to the repayment of the Notes. The amount of each maturity
and the scheduled maturity dates of the Notes shall be established to take into account
the dates on which the Treasurer reasonably anticipates the collection of such Delinquent
Taxes and shall allow for no more than a 10% variance between the debt service payable
on each maturity date. The Notes, and the anticipated amount of pledged monies
available on such maturity date to make payment of such debt service.
(b) Alternatively, the Notes or a series of the Notes may be structured with a single
stated maturity falling not later than the fourth anniversary of the date of issue. Notes
issued under this subsection (b) shall be subject to redemption on such terms consistent
with Section 209 as shall be ordered by the Treasurer, but in no event shall such Notes
be subject to redemption less frequently than annually.
204. Interest Rate and Date of Record.
(a) Except as otherwise provided in this paragraph, Notes issued pursuant to
subsection (a) of Section 203 shall bear interest payable semi-annually, with the first
interest payment to be payable (i) on the first date, after issuance, corresponding to the
Commissioners Minutes Continued. January 22, 2004
15
day and month on which the maturity of such Notes falls, or (ii) if the Treasurer so orders,
six months before such date. In the event (i) any maturity of the Notes arises either less
than six months before the succeeding maturity date or less than six months after the
preceding maturity date and (ii) the Treasurer so orders in writing, interest on the Notes
shall be payable on such succeeding or preceding maturity date. Subject to the following
sentence, Notes issued pursuant to subsection (b) of Section 203 shall, pursuant to
written order of the Treasurer, bear interest monthly, quarterly, or semiannually, as
provided by written order of the Treasurer. If Notes issued under this Article II are sold
with a variable rate feature as provided in Article IV, such Notes may, pursuant to written
order of the Treasurer, bear interest weekly, monthly, quarterly or on any put date, or any
combination of the foregoing, as provided by written order of the Treasurer.
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the registered owner of each Note as
of the applicable date of record, provided, however, that the Treasurer may agree with
the Registrar (as defined below) on a different method of payment.
d) Subject to Section 403 in the case of variable rate Notes, the date of record shall
be not fewer than 14 nor more than 31 days before the date of payment, as designated
by the Treasurer prior to the sale of the Notes.
205. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution
and shall reflect all material terms of the Notes. Unless the Treasurer shall by written order
specify the contrary, the Notes shall be issued in fully registered form both as to principal
and interest, registrable upon the books of a note registrar (the "Registrar") to be named by
the Treasurer. If the Notes are issued in bearer form the Treasurer shall appoint a paying
agent (the "Paying Agent"). (The Registrar or Paying Agent so named may be any bank or
trust company or other entity, including the County, offering the necessary services
pertaining to the registration and transfer of negotiable securities.)
206. Denominations and Numbers. The Notes shall be issued in one or more denomination or
207. Transfer or Exchange of Notes.
(a) Notes issued in registered form shall be transferable on a note register
maintained with respect to the Notes upon surrender of the transferred Note, together
with an assignment executed by the registered owner or his or her duly authorized
attorney-in-fact in form satisfactory to the Registrar. Upon receipt of a properly assigned
Note, the Registrar shall authenticate and deliver a new Note or Notes in equal aggregate
principal amount and like interest rate and maturity to the designated transferee or
transferees.
(b) Notes may likewise be exchanged for one or more other Notes with the same
interest rate and maturity in authorized denominations aggregating the same principal
amount as the Note or Notes being exchanged, upon surrender of the Note or Notes and
the submission of written instructions to the Registrar or, in the case of bearer Notes, to
the Paying Agent. Upon receipt of a Note with proper written instructions the Registrar or
Paying Agent shall authenticate and deliver a new Note or Notes to the owner thereof or
to owner's attorney-in-fact.
(c) Any service charge made by the Registrar or Paying Agent for any such
registration, transfer or exchange shall be paid for by the County as an expense of
borrowing, unless otherwise agreed by the Treasurer and the Registrar or Paying Agent.
The Registrar or Paying Agent may, however, require payment by a noteholder of a sum
sufficient to cover any tax or other governmental charge payable in connection with any
such registration, transfer or exchange.
208. Book Entry Depository Trust. At the option of the Treasurer, and notwithstanding any
contrary provision of Section 212, the Notes may be deposited, in whole or in part, with a
depository trustee designated by the Treasurer who shall transfer ownership of interests in
the Notes by book entry and who shall issue depository trust receipts or acknowledgments
to owners of interests in the Notes. Such book entry depository trust arrangement, and the
form of depository trust receipts or acknowledgments, shall be as determined by the
Commissioners Minutes Continued. January 22, 2004
16
Treasurer after consultation with the depository trustee. The Treasurer is authorized to
enter into any depository trust agreement on behalf of the County upon such terms and
conditions as the Treasurer shall deem appropriate and not otherwise prohibited by the
terms of this Resolution. The depository trustee may be the same as the Registrar
otherwise named by the Treasurer, and the Notes may be transferred in part by depository
trust and in part by transfer of physical certificates as the Treasurer may determine.
209. Redemption.
(a) Subject to the authority granted the Treasurer pursuant to subsection (c) of this
Section (in the case of fixed rate Notes) and to the authority granted the Treasurer
pursuant to Section 404 (in the case of variable rate Notes), the Notes or any maturity or
maturities of the Notes shall be subject to redemption prior to maturity on the terms set
forth in subsection (b) below.
(b) Notes scheduled to mature after the first date on which any Notes of the series
are scheduled to mature shall be subject to redemption, in inverse order of maturity, on
each interest payment date arising after the date of issue.
(c) If the Treasurer shall determine such action necessary to enhance the
marketability of the Notes or to reduce the interest rate to be offered by perspective
purchasers on any maturity of the Notes, the Treasurer may, by written order prior to the
issuance of such Notes, (i) designate some or all of the Notes as non-callable, regardless
of their maturity date, and/or (ii) delay the first date on which the redemption of callable
Notes would otherwise be authorized under subsection (b) above.
(d) Notes of any maturity subject to redemption may be redeemed before their
scheduled maturity date, in whole or in part, on any permitted redemption date or dates,
subject to the written order of the Treasurer. Notes called for redemption shall be
redeemed at par, plus accrued interest to the redemption date, plus, if the Treasurer so
orders, a premium of not more than 1%. Redemption may be made by lot or pro rata, as
shall be determined by the Treasurer.
(e) With respect to partial redemptions, any portion of a Note outstanding in a
denomination larger than the minimum authorized denomination may be redeemed,
provided such portion as well as the amount not being redeemed constitute authorized
denominations. In the event less than the entire principal amount of a Note is called for
redemption, the Registrar or Paying Agent shall, upon surrender of the Note by the owner
thereof, authenticate and deliver to the owner a new Note in the principal amount of the
principal portion not redeemed.
(f) Notice of redemption shall be by first class mail 30 days prior to the date fixed for
redemption, or such shorter time prior to the date fixed for redemption as may be
consented to by the holders of all outstanding Notes to be called for redemption. Such
notice shall fix the date of record with respect to the redemption if different than otherwise
provided in this Resolution. Any defect in any notice shall not affect the validity of the
redemption proceedings. Notes so called for redemption shall not bear interest after the
date fixed for redemption, provided funds are on hand with a paying agent to redeem the
same.
210. Discount. At the option of the Treasurer, the Notes may be offered for sale at a discount not
to exceed 2%.
211. Public or Private Sale. The Treasurer may, at the Treasurer's option, conduct a public sale
of the Notes after which sale the Treasurer shall either award the Notes to the lowest
bidder or reject all bids. The conditions of sale shall be as specified in a published Notice
of Sale prepared by the Treasurer announcing the principal terms of the Notes and the
offering. Alternatively, the Treasurer may, at the Treasurer's option, negotiate a private
sale of the Notes as provided in Act 206. If required by law, or if otherwise determined by
the Treasurer to be in the best interest of the County, (a) the Notes shall be rated by a
national rating agency selected by the Treasurer, (b) a good faith deposit shall be required
of the winning bidder, and/or (c) CUSIP numbers shall be assigned to the Notes. If a public
sale is conducted or if otherwise required by law or the purchaser of the Notes, the
Commissioners Minutes Continued. January 22, 2004
17
Treasurer shall prepare or cause to be prepared and disseminated an offering
memorandum or official statement containing all material terms of the offer and sale of the
Notes. Pursuant to any sale of the Notes, the County shall make such filings, shall solicit
such information and shall obtain such governmental approvals as shall be required
pursuant to any state or federal law respecting back-up income tax withholding, securities
regulation, original issue discount or other regulated matter.
212. Execution and Delivery. The Treasurer is authorized and directed to execute the Notes on
behalf of the County by manual or facsimile signature, provided that if the facsimile
signature is used the Notes shall be authenticated by the Registrar or any tender agent as
may be appointed pursuant to Section 801(c). The Notes shall be sealed with the County
seal or imprinted with a facsimile of such seal. The Treasurer is authorized and directed to
then deliver the Notes to the purchaser thereof upon receipt of the purchase price. The
Notes shall be delivered at the expense of the County in such city or cities as may be
designated by the Treasurer.
213. Renewal, Refunding or Advance Refunding Notes. If at any time it appears to be in the best
interests of the County, the Treasurer, by written order, may authorize the issuance of
renewal, refunding or advance refunding Notes. The terms of such Notes, and the
procedures incidental to their issuance, shall be set subject to Section 309 and, in
appropriate cases, Article X.
III.
SHORT TERM RENEWABLE NOTES
301. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued
in accordance with this Article III. All references to "Notes" in Article III refer only to Notes
issued pursuant to Article III, unless otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of issuance or any prior date
303. Interest and Date of Record. The Notes shall bear interest payable at maturity at such rate
or rates as may be determined by the Treasurer not exceeding the maximum rate of
interest permitted by law on the date the Notes are issued. The date of record shall be not
fewer than two nor more than 31 days before the date of payment, as designated by the
Treasurer prior to the sale of the Notes.
304. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution
and shall reflect all material terms of the Notes. The Notes shall, in the discretion of the
Treasurer and consistent with Section 205, either be payable to bearer or be issued in
registered form. If issued in registered form, the Notes may be constituted as book-entry
securities consistent with Section 208, notwithstanding any contrary provision of Section
308.
305. Denomination and Numbers. The Notes shall be issued in one or more denomination or
denominations, as determined by the Treasurer. The Notes shall be numbered from one
upwards in such order as the Treasurer determines.
306. Redemption. The Notes shall not be subject to redemption prior to maturity.
307. Sale of Notes. The authority and obligations of the Treasurer set forth in Sections 210 and
211 respecting Fixed Maturity Notes shall apply also to Notes issued under Article III.
308. Execution and Delivery. The authority and obligations of the Treasurer set forth in Section
212 respecting Fixed Maturity Notes shall also apply to Notes issued under Article III.
309. Renewal or Refunding Notes.
(a) The Treasurer may by written order authorize the issuance of renewal or
refunding Notes (collectively the "Renewal Notes"). Renewal Notes shall be sold on the
maturity date of, and the proceeds of the Renewal Notes shall be applied to the payment
of debt service on, Notes to be renewed. The maturities and repayment terms of the
Renewal Notes shall be set by written order of the Treasurer.
(b) In the order authorizing Renewal Notes, the Treasurer shall specify whether the
Notes shall be issued in accordance with this Article III, in which event the provisions of
Article III shall govern the issuance of the Notes, or whether the Notes shall be issued in
Commissioners Minutes Continued. January 22, 2004
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accordance with Article II, in which event the provisions of Article II shall govern the
issuance of the Notes. The order shall also provide for and shall also govern with respect
to:
(i) the aggregate amount of the Renewal Notes;
(ii) the date of the Renewal Notes;
(iii) the denominations of the Renewal Notes;
(iv) the interest payment dates of the Renewal Notes;
(v) the maturity or maturities of the Renewal Notes;
(vi) the terms of sale of the Renewal Notes;
(vii) whether any Renewal Notes issued in accordance with Article II shall be
subject to redemption and, if so, the terms thereof; and
(viii) any other terms of the Renewal Notes consistent with, but not specified
in, Article II or Article III.
(c) Regardless of whether Renewal Notes need be approved by prior order of the
Department of Treasury, the Treasurer, pursuant to Section 89(5)(d) of Act 206, shall
promptly report to the Department of Treasury the issuance of any Renewal Notes.
IV.
VARIABLE INTEREST RATE
401. Variable Rate Option. At the option of the Treasurer, exercisable by written order, the
Notes, whether issued pursuant to Article II or Article III, may be issued with a variable
interest rate, provided that the rate shall not exceed the maximum rate of interest permitted
by law.
402. Determination of Rate. The order of the Treasurer shall provide how often the variable
interest rate shall be subject to recalculation, the formula or procedure for determining the
variable interest rate, whether and on what terms the rate shall be determined by a
remarketing agent in the case of demand obligations consistent with Section 801(d), and
whether and on what terms a fixed rate of interest may be converted to or from a variable
rate of interest. Such formula or procedure shall be as determined by the Treasurer, but
shall track or float within a specified percentage band around the rates generated by any
one or more of the following indices:
(i) Publicly reported prices or yields of obligations of the United States of
America;
(ii) An index of municipal obligations periodically reported by a nationally
recognized source;
(iii) The prime lending rate from time to time set by any bank or trust company in
the
(iv) Any other rate or index that may be designated by order of the Treasurer
provided such rate or index is set or reported by a source which is independent
of and not controlled by the Treasurer or the County.
The procedure for determining the variable rate may involve one or more of the above
indices as alternatives or may involve the setting of the rate by a municipal bond specialist
provided such rate shall be within a stated percentage range of one or more of the indices
set forth above.
403. Date of Record. The Date of Record shall be not fewer than one nor more than 31 days
before the date of payment, as designated by written order of the Treasurer.
404. Redemption. Notwithstanding any contrary provision of subsections (b) and (c) of Section
209, but subject to the last sentence of this Section 404, Notes bearing interest at a
variable rate may be subject to redemption by the County and/or put by the holder at any
time or times and in any order, as may be determined pursuant to written order of the
Treasurer. Notes shall not be subject to redemption more frequently than monthly.
405. Remarketing, Repurchase and Resale.
(a) In the event Notes issued under this Article IV are constituted as demand obligations,
the interest rate on the Notes shall be governed by, and shall be subject to, remarketing
Commissioners Minutes Continued. January 22, 2004
19
by a remarketing agent appointed in accordance with Section 801(c), under the terms of
a put agreement employed in accordance with Section 801(d).
(b) The County shall be authorized, consistent with Act 206 and pursuant to order of the
Treasurer, to participate in the repurchase and resale of Notes in order to reduce the cost
of, or increase the revenue, attendant to the establishment of the Revolving Fund and the
issuance and discharge of the Notes. Any purchase of Notes pursuant to this subsection
(b) shall be made with unpledged monies drawn from revolving funds established by the
County in connection with retired general obligation limited tax notes.
V.
MULTIPLE SERIES
501. Issuance of Multiple Series. At the option of the Treasurer, exercisable by written order, the
Notes issued under Article II, Article III or Article X may be issued in two or more
individually designated series. Each series shall bear its own rate of interest, which may be
fixed or variable in accordance with Article IV. Various series need not be issued at the
same time and may be issued from time to time in the discretion of the Treasurer
exercisable by written order. In determining the dates of issuance of the respective series,
the Treasurer shall consider, among other pertinent factors, the impact the dates selected
may have on the marketability, rating and/or qualification for credit support or liquidity
support for, or insurance of, the Notes. The Notes of each such series shall be issued
according to this Resolution in all respects (and the term "Notes" shall be deemed to
include each series of Notes throughout this Resolution), provided that:
(a) The aggregate principal amount of the Notes of all series shall not exceed the
maximum aggregate amount permitted under Section 103;
(b) Each series shall be issued pursuant to Article II or Article III, and different series
may be issued pursuant to different Articles;
(c) Each series shall be issued pursuant to Section 502 or Section 503, and different
series may be issued pursuant to different Sections;
(d) A series may be issued under Article II for one, two, or three of the annual maturities
set forth in Article II with the balance of the annual maturities being issued under Article II
or under Article III in one or more other series, provided that the minimum annual
maturities set forth in Section 203 shall be reduced and applied pro rata to all Notes so
issued; and
(e) The Notes of all series issued pursuant to Article II above shall not, in aggregate,
mature in amounts or on dates exceeding the maximum authorized maturities set forth in
Section 203.
502. Series Secured Pari Passu. If the Notes are issued in multiple series pursuant to this Article
V, each series of Notes may, by written order of the Treasurer, be secured pari passu with
the other by the security described in and the amounts pledged by Article VII below.
Moreover, such security may, pursuant to further order of the Treasurer, be segregated in
accordance with the following provisions.
(a) The Treasurer may by written order establish separate sub-accounts in the
County's 2004 Note Reserve Account for each series of Notes, into which shall be
deposited the amount borrowed for the Note Reserve Account for each such series.
(b) The Treasurer may by written order establish separate sub-accounts in the
County's 2004 Note Payment Account for each series of Notes, and all amounts
deposited in the Note Payment Account shall be allocated to the sub-accounts.
(c) (i) In the event separate sub-accounts are established pursuant to subsection (b)
above, and subject to Paragraph (ii) below, the percentage of deposits to the County's
2004 Note Payment Account allocated to each sub-account may be set equal to the
percentage that Notes issued in the corresponding series bears to all Notes issued under
this Resolution or to any other percentage designated by the Treasurer pursuant to
written order; provided that if the various series are issued at different times or if the
various series are structured with different maturity dates, (I) sums deposited in the Note
Payment Account prior to the issuance of one or more series may upon the issuance of
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20
each such series be reallocated among the various sub-accounts established under
Subsection (b) above to achieve a balance among the sub-accounts proportionate to the
designated percentage allocation, and/or (II) deposits to the Note Payment Account may
be allocated among the sub-accounts according to the total amount of debt service that
will actually be paid from the respective sub-accounts.
(ii) Alternatively, the Treasurer may, by written order, rank the sub-accounts established
under Subsection (b) above in order of priority, and specify that each such sub-account
shall receive deposits only after all sub-accounts having a higher priority have received
deposits sufficient to discharge all (or any specified percentage of) Notes whose series
corresponds to any of the sub-accounts having priority.
(d) In the absence of a written order of the Treasurer to the contrary, the amounts in
each sub-account established pursuant to this Section 502 shall secure only the Notes
issued in the series for which such sub-account was established, until such Notes and
interest on such Notes are paid in full, after which the amounts in such sub-account may,
pursuant to written order of the Treasurer, be added pro rata to the amounts in the other
sub-accounts and thereafter used as part of such other sub-accounts to secure all Notes
and interest on such Notes for which such other sub-accounts were created, until paid in
full. Alternatively, amounts held in two or more sub-accounts within either the Note
Reserve Account or the Note Payment Account may be commingled, and if commingled
shall be held pari passu for the benefit of the holders of each series of Notes pertaining to
the relevant sub-accounts.
503. Series Independently Secured. If the Notes are issued in multiple series pursuant to this
Article V, each series of Notes may, by written order of the Treasurer, be independently
secured in accordance with this Section 503.
(a) Each series of Notes shall pertain to one or more taxing units, as designated by the
Treasurer pursuant to written order, and no two series of Notes shall pertain to the same
taxing unit. A school district, intermediate school district, or community college district
extending beyond the boundaries of a city in which it is located may, pursuant to written
order of the Treasurer, be subdivided along the boundaries of one or more cities and
each such subdivision shall be deemed a taxing unit for purposes of this Section 503.
(b) Separate sub-accounts shall be established in the County's 2004 Tax Payment
Account. Each sub-account shall receive the proceeds of one and only one series of
Notes, and amounts shall be disbursed from the sub-account to only those taxing units
designated as being in that series.
(c) In the event Notes are issued for deposit into the Project Account established under
Section 701, separate sub-accounts shall be established in the Project Account. Each
sub-account shall receive the proceeds of one and only one series of Notes, and
amounts shall be disbursed from the sub-account only to accounts, sub-accounts and/or
taxing units designated as being in the series corresponding to the sub-account from
which disbursement is being made.
(d) A separate sub-account shall be established in the County's 2004 Note Reserve
Account for each series of Notes, into which shall be deposited the amount determined
by the Treasurer under Section 103 or Section 703 with respect to the series. Each sub-
account shall secure one and only one series.
(e) A separate sub-account shall be established in the County's 2004 Note Payment
Account for each series of Notes. Each sub-account shall be allocated only those
amounts described in Section 704 which pertain to the taxing units included in the series
corresponding to the sub-account. Chargebacks received from a taxing unit pursuant to
Section 906 shall be deposited in the sub-account corresponding to the series in which
the taxing unit is included. Amounts held in each sub-account shall secure the debt
represented by only those Notes included in the series corresponding to the sub-account,
and disbursements from each sub-account may be applied toward the payment of only
those Notes included in the series corresponding to the sub-account.
Commissioners Minutes Continued. January 22, 2004
21
(f) The amounts in each sub-account established pursuant to this Section 503 shall
secure only the Notes issued in the series for which such sub-account was established
until such Notes and interest on such Notes are paid in full, after which any amounts
remaining in such sub-account shall accrue to the County and shall no longer be pledged
toward payment of the Notes.
VI.
TAXABILITY OF INTEREST
601. Federal Tax. The County acknowledges that the current state of Federal law mandates that
the Notes be structured as taxable obligations. Consequently, the Notes shall, subject to
Article X, be issued as obligations the interest on which is not excluded from gross income
for purposes of Federal income tax.
602. State of Michigan Tax. Consistent with the treatment accorded all obligations issued
pursuant to Act 206, interest on the Notes shall be exempt from the imposition of the State
of Michigan income tax and the State of Michigan single business tax, and the Notes shall
not be subject to the State of Michigan intangibles tax.
603. Change in Federal Tax Status. In the event there is a change in the Federal tax law or
regulations, a ruling by the U.S. Department of Treasury or Internal Revenue Service
establishes that the Notes may be issued as exempt from Federal income taxes or a
change in Michigan law causes the Notes in the opinion of counsel to be exempt from
federal income taxes, the Notes may be so issued.
VII.
FUNDS AND SECURITY
701. Delinquent Tax Project Account. If the Notes are issued and sold before the Treasurer has
received certification from the taxing units of the amount of the Delinquent Taxes and if
such certification is not reasonably anticipated in time to allow distribution of the proceeds
of the Notes within 20 days after the date of issue, a 2004 Delinquent Tax Project Account
(the "Project Account") shall be established by the Treasurer as a separate and distinct
fund of the County within its general fund. The Project Account shall receive all proceeds
from the sale of the Notes, including any premium or accrued interest received at the time
of sale. The Project Account shall be held in trust by an escrow agent until the monies
therein are disbursed in accordance with this Article VII. The escrow agent shall be a
commercial bank, shall be located in Michigan, shall have authority to exercise trust
powers, and shall have a net worth in excess of $25,000,000. The form and content of the
agreement between the County and the escrow agent shall be approved by the Treasurer.
Subject to the following sentence, monies deposited in the Project Account shall be
expended only (i) for the purpose of funding the Tax Payment Account established under
Section 702 and (ii) to the extent permitted by Act 206, for the purpose of paying the
expenses of the offering of the Notes. In the event the Treasurer by written order so
directs, additional funding of the Project Account may be undertaken, and any surplus
proceeds remaining in the Project Account after the Treasurer has completed the funding of
the Tax Payment Account may be transferred to either the 2004 Note Reserve Account
created under Section 703 or the 2004 Note Payment Account created under Section 704.
Monies in the Project Account may be disbursed by the escrow agent to the County's 2004
Tax Payment Account at any time and from time to time, upon receipt of a written
requisition signed by the Treasurer.
702. 2004 Tax Payment Account. The County's 2004 Tax Payment Account (the "Tax Payment
Account") is hereby established as a distinct account within the Revolving Fund. The
Treasurer shall designate all or a portion of the proceeds of the Notes, not to exceed the
amount of Delinquent Taxes, for deposit in the Tax Payment Account. If, however, the
proceeds of the Notes are initially deposited in the Project Account pursuant to Section
701, the Treasurer is instead authorized and directed to transfer monies included in the
Project Account in accordance with the procedures set forth in Section 701. The County
shall apply the monies in the Tax Payment Account to the payment of the Delinquent Taxes
or expenses of the borrowing in accordance with Act 206. The allocation of monies from
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22
the Tax Payment Account may be made pursuant to a single, comprehensive disbursement
or may instead be made from time to time, within the time constraints of Act 206, to
particular taxing units as monies are paid into the Tax Payment Account, such that the
source of the monies (whether from the County's own funds, from the proceeds of a tax
exempt borrowing or from the proceeds of a taxable borrowing) may be traced to the
particular taxing unit receiving the funds. Moreover, and regardless of whether multiple
series of Notes are issued, the Tax Payment Account may be divided into separate sub-
accounts in order to allow the Treasurer to designate which taxing units shall receive
borrowed funds and which shall receive funds otherwise contributed by the County.
703. 2004 Note Reserve Account. In the event funding is provided as described in this Section
703, the Treasurer shall establish a 2004 Note Reserve Account (the "Note Reserve
Account") as a distinct account within the Revolving Fund. After depositing all of the
monies to fund the Tax Payment Account pursuant to Section 702, the Treasurer shall next
transfer to the Note Reserve Account, either from the Project Account or directly from the
proceeds of Notes, any proceeds remaining from the initial issuance of the Notes. In
addition, the Treasurer may transfer unpledged monies from other County sources to the
Note Reserve Account in an amount which, when added to any other amounts to be
deposited in the Note Reserve Account, does not exceed the amount reasonably required
for the Notes secured by the Reserve Account or, if less, 20% of the total amount of the
Notes secured by the Reserve Account. Except as provided below, all monies in the Note
Reserve Account shall be used solely for payment of principal of, premium, if any, and
interest on the Notes to the extent that monies required for such payment are not available
in the County's 2004 Note Payment Account. Monies in the Note Reserve Account shall be
withdrawn first for payment of principal of, premium, if any, and interest on the Notes before
County general funds are used to make the payments. All income or interest earned by, or
increment to, the Note Reserve Account due to its investment or reinvestment shall be
deposited in the Note Reserve Account. When the Note Reserve Account is sufficient to
retire the Notes and accrued interest thereon, the Treasurer may order that the Note
Reserve Account be used to purchase the Notes on the market, or, if the Notes are not
available, to retire the Notes when due. If so ordered by the Treasurer, all or any specified
portion of the Note Reserve Account may be applied toward the redemption of any Notes
designated for redemption in accordance with Section 209.
704. 2004 Note Payment Account.
(a) The County's 2004 Note Payment Account is hereby established as a distinct
account within the Revolving Fund. (The County's 2004 Note Payment Account, as
supplemented by monies held in any interim account that are designated for transfer to
the 2004 Note Payment Account, is herein referred to as the "Note Payment Account".)
The Treasurer is directed to deposit into the Note Payment Account, promptly on receipt,
those amounts described below in Paragraphs (i), (ii), (iv), and (v) that are not excluded
pursuant to Subsection (c) below. Furthermore, the Treasurer may, by written order,
deposit into the Note Payment Account all or any portion of the amounts described below
in Paragraph (iii).
(i) All Delinquent Taxes.
(ii) All statutory interest on the Delinquent Taxes.
(iii) All property tax administration fees on the Delinquent Taxes, net of any
amounts applied toward the expenses of this borrowing.
(iv) Any amounts that are received by the Treasurer from the taxing units
within the County because of the uncollectability of the Delinquent
Taxes.
(v) Any amounts remaining in the Project Account after the transfers to the
Tax Payment Account and Note Reserve Account have been made as
specified in Sections 702 and 703.
(b) Monies in the Note Payment Account shall be used by the County to pay principal of,
premium, if any, and interest on the Notes as the same become due and payable.
Commissioners Minutes Continued. January 22, 2004
23
(c) (i) The Treasurer may by written order provide that only a portion of the sums
described above in Subsection (a) shall be deposited into the Note Payment Account and
applied toward the payment of debt service on the Notes, in which event those sums
which are withheld from the Note Payment Account shall be deposited into the Tax
Payment Account or, pursuant to further order of the Treasurer, applied toward any other
purpose consistent with Act 206. The portion of any sums described in Subsection (a)
which are withheld from the Note Payment Account pursuant to this Subsection shall be
determined in accordance with the following Paragraph.
(ii) Prior to the issuance of the Notes, the Treasurer may by written order specify a cut-
off date not earlier than March 1, 2004, and only those sums payable to the Note
Payment Account and received by the County after the cut-off date shall be applied to the
Note Payment Account.
(d) The Treasurer may by written order provide that at such time as sufficient funds
shall have been deposited into the Note Payment Account to pay all remaining amounts
owed under the Notes the pledge on any additional monies otherwise payable to the Note
Payment Account shall be discharged and such monies shall not be deposited into the
Note Payment Account or otherwise pledged toward payment of the Notes.
(e) The Treasurer may by written order provide that in the event Notes are issued
pursuant to Article III, amounts that would otherwise be included in the Note Payment
Account or the Note Reserve Account (or any sub-account therein for a particular series
of Notes) shall not include any amounts received by the County prior to the latest maturity
date of any series of Notes previously issued under Article II and/or Article III.
705. Limited Tax General Obligation and Pledge.
(a) The Notes shall be the general obligation of the County, backed by the County's full
(b) In addition, the monies listed below are pledged to the repayment of the Notes and,
subject to Section 901, shall be used solely for repayment of the Notes until the principal
of, premium (if any) and interest on the Notes are paid in full:
(i) All amounts deposited or earned in any Project Account, until disbursed
in accordance with Section 701;
(ii) All net proceeds from the sale of the Notes deposited or earned in the
Tax Payment Account, until disbursed in accordance with Section 702;
(iii) All amounts deposited in the Note Payment Account pursuant to Section
704(a);
(iv) All amounts deposited in the Note Reserve Account;
(v) All amounts earned from the investment of monies held in the Note
Payment Account or the Note Reserve Account; and
(vi) Any supplemental monies placed in the Note Payment Account and
drawn in the discretion of the Treasurer from unpledged sums on the
revolving funds, which pledge shall be subject to such limitations or
exceptions as shall be set forth in the written order of the Treasurer.
(c) If the Notes shall be issued in various series pursuant to Article V, this pledge shall in
the case of any independently secured series extend only to monies in accounts or sub-
accounts pertaining to the particular series.
(d) If the amounts so pledged are not sufficient to pay the principal and interest when
due, the County shall pay the same from its general funds or other available sources.
Pursuant to written order of the Treasurer, the County may later reimburse itself for such
payments from the Delinquent Taxes collected.
706. Security for Renewal, Refunding or Advance Refunding Notes. Renewal, refunding, or
advance refunding Notes shall be secured by all or any portion of the same security
securing the Notes being renewed, refunded or advance refunded. The monies pledged in
Section 705 for the repayment of the Notes are also pledged for the repayment of the
principal of, premium, if any, and interest on any renewal, refunding, or advance refunding
Notes issued pursuant to this Resolution, and any such renewal, refunding, or advance
refunding Notes shall be the general obligation of the County, backed by its full faith and
Commissioners Minutes Continued. January 22, 2004
24
credit, which shall include the tax obligation of the County, within applicable constitutional
and statutory limits.
707. Use of Funds after Full Payment or Provisions for Payment. After all principal of, premium,
if any, and interest on the Notes have been paid in full or provision made therefor by
investments of pledged amounts in direct noncallable obligations of the United States of
America in amounts and with maturities sufficient to pay all such principal, premium, if any,
and interest when due, any further collection of Delinquent Taxes and all excess monies in
any fund or account of the Revolving Fund, and any interest or income on any such
amounts, may, pursuant to written order of the Treasurer and subject to Article V, be used
for any proper purpose within the Revolving Fund including the securing of subsequent
issues of notes.
VIII.
SUPPLEMENTAL AGREEMENTS
801. Supplemental Agreements and Documents. The Treasurer, on behalf of the County, is
authorized to enter into any or all of the following agreements or commitments as may, in
the Treasurer's discretion, be necessary, desirable or beneficial in connection with the
issuance of the Notes, upon such terms and conditions as the Treasurer may determine
appropriate:
(a) A letter of credit, line of credit, repurchase agreement, note insurance, or similar
instrument, providing backup liquidity and/or credit support for the Notes;
(b) A reimbursement agreement, revolving credit agreement, revolving credit note, or
similar instrument, setting forth repayments of and security for amounts drawn under the
letter of credit, line of credit, repurchase agreement or similar instrument;
(c) A marketing, remarketing, placement, authenticating, paying or tender agent
agreement or dealer agreement designating a marketing, remarketing, authenticating,
paying, tender or placement agent or dealer and prescribing the duties of such person or
persons with respect to the Notes; and
(d) A put agreement or provision allowing the purchaser of the Notes to require the
County to repurchase the Notes upon demand at such times as may be provided in such
put agreement or provision.
(e) An agreement to use amounts formerly pledged to other years borrowings as security
for the Notes when no longer so pledged.
802. Revolving Credit Notes. If the Treasurer enters into a revolving credit agreement (the
"Agreement") pursuant to Section 801 above, the Agreement may call for the issuance of
one or more revolving credit notes (the "Revolving Credit Notes") for the purpose of
renewing all or part of maturing Notes or Notes that have been put pursuant to a put
agreement or provision. Such Revolving Credit Notes shall be issued pursuant to Article II
or III, as appropriate, and in accordance with the following provisions:
(a) Interest on the Revolving Credit Notes may be payable on maturity, on prior
redemption, monthly, bi-monthly, quarterly, or as otherwise provided in the Agreement.
(b) The Revolving Credit Notes may mature on one or more date or dates not later than
the final maturity date of the Notes, as provided in the Agreement.
(c) The Treasurer may, at the time of the original issuance of the Notes, execute and
deliver one Revolving Credit Note in a maximum principal amount not exceeding the
lending commitment under the Agreement from time to time in force (and may substitute
one such Note in a lesser principal amount for another in the event the lending
commitment is reduced), provided that a schedule shall be attached to such Note on
which loans and repayments of principal and interest are evidenced and further provided
that the making of a loan and the evidencing of such loan on the schedule of any such
Note shall constitute the issuance of a renewal Note for purposes of this Resolution.
IX.
MISCELLANEOUS PROVISIONS
901. Expenses. Expenses incurred in connection with the Notes shall be paid from the property
tax administration fees collected on the Delinquent Taxes and, if so ordered by the
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Treasurer, from any earnings on the proceeds of the offering or from other monies available
to the County.
902. Bond Counsel. The Notes (and any renewal, refunding or advance refunding Notes) shall
be delivered with the unqualified opinion of Axe & Ecklund, P.C., which selection of bond
counsel may, at the option of the Treasurer, be for one or more years.
903. Financial Consultants Municipal Financial Consultants Incorporated, Grosse Pointe Farms,
Michigan, is hereby retained to act as financial consultant and advisor to the County in
connection with the sale and delivery of the Bonds.
904. Complete Records. The Treasurer shall keep full and complete records of all deposits to
and withdrawals from each of the funds and accounts in the Revolving Fund and any
account or sub-account created pursuant to this Resolution and of all other transactions
relating to such funds, accounts and sub-accounts, including investments of money in, and
gain derived from, such funds and accounts.
905. Chargebacks. If, by the date which is three months prior to the final maturity date of the
Notes, sufficient monies are not on deposit in the Note Payment Account and the Note
Reserve Account to pay all principal of and interest on the Notes when due, Delinquent
Taxes not then paid or recovered at or prior to the latest tax sale transacted two or more
months before the final maturity of the Notes shall, if necessary to ensure full and timely
payment on the date of final maturity, be charged back to the local units in such fashion as
the Treasurer may determine, and, subject to Article V, the proceeds of such chargebacks
shall be deposited into the County's 2004 Note Payment Account no later than five weeks
prior to the final maturity of the Notes. This Section 905 shall not be construed to limit the
authority of the Treasurer under State law to charge back under other circumstances or at
other times.
906. Investments. The Treasurer is authorized to invest all monies in the Project Account, in the
Revolving Fund or in any account or sub-account therein that is established pursuant to this
Resolution in any one or more of the investments authorized as lawful investments for
counties under Act No. 20, Public Acts of 1943, as amended. The Treasurer is further
authorized to enter into a contract on behalf of the County under the Surplus Funds
Investment Pool Act, Act No. 367, Michigan Public Acts of 1982, as amended, and to invest
in any investment pool created thereby monies held in the Project Account, in the
Revolving Fund, or in any account or sub-account therein which is established pursuant to
this Resolution.
907. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is mutilated, lost, stolen,
or destroyed, the Treasurer may, on behalf of the County, execute and deliver, or order the
Registrar or Paying Agent to authenticate and deliver, a new Note having a number not
then outstanding, of like date, maturity and denomination as that mutilated, lost, stolen or
destroyed. In the case of a mutilated Note, a replacement Note shall not be delivered
unless and until such mutilated Note is surrendered to the Treasurer or the Registrar or
Paying Agent. In the case of a lost, stolen, or destroyed Note, a replacement Note shall not
be delivered unless and until the Treasurer and the Registrar or Paying Agent shall have
received such proof of ownership and loss and indemnity as they determine to be sufficient.
ARTICLE X.
TAX-EXEMPT NOTES OR REFUNDING
1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The County acknowledges
that the current state of Federal law precludes the issuance of the Notes as obligations the
interest on which is exempt from Federal income tax. However, the County presently
contemplates that anticipated amendments to the Internal Revenue Code of 1986 (the
"Code") and/or the Treasury Regulations issued thereunder (the "Regulations") or a change
in Michigan law changing the character of the Notes may in the future permit the issuance
of general obligation limited tax notes on a tax-exempt basis, and, in view of this
expectation, the County, through the offices of the Treasurer, shall issue tax-exempt notes
or issue obligations to refund any or all outstanding Notes issued as taxable obligations, at
the time, on the terms, and to the extent set forth in this Article X.
Commissioners Minutes Continued. January 22, 2004
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1002. Timing of Refunding. The aforementioned refunding obligations (the "Refunding Notes")
shall be issued after the effective date of any change in the Code, Regulations, Internal
Revenue Service pronouncements or judicial rulings which, as confirmed by the written
opinion of bond counsel, permit the refunding of all or some of the outstanding Notes with
proceeds from obligations the interest on which is excluded from gross income for
purposes of Federal income tax.
1003. Extent of Refunding. Subject to the other provisions of this Section 1003, the Refunding
Notes shall refund all Notes outstanding at or after the effective date of any change in the
law described in Section 1002. This Section 1003 shall not, however, be construed to
require the refunding of any Note prior to the time such Note may be refunded on a tax-
exempt basis, nor shall this Section 1003 be construed to require the refunding of any
Note, if that refunding would result in greater cost to the County (including interest expense,
professional fees and administrative outlays) than would arise if the Note were to remain
outstanding.
1004. Confirmatory Action. Subsequent to any change in the law described in Section 1002, the
Board shall convene to consider any terms of the Refunding Bonds requiring specific
ratification by the Board.
1005. Arbitrage Covenant and Tax Law Compliance. In the event tax-exempt Notes or Refunding
Notes are issued pursuant to this Article X, the following covenants shall be observed by
the County:
(i) the County will _make no use_of the proceeds of the Notes or Refunding
Notes and will undertake no other intentional act with respect to the Notes or
Refunding Notes which, if such use or act had been reasonably expected on the
date of issuance of the Notes or Refunding Notes or if such use or act were
intentionally made or undertaken after the date of issuance of the Notes or
Refunding Notes, would cause the Notes or Refunding Notes to be "arbitrage
bonds," as defined in Section 148 of the Internal Revenue Code of 1986, as
amended (the "Code"), in the Regulations promulgated under Sections 103 and
148 of the Code or in any successor or supplementary provision of law
hereinafter promulgated,
(ii) the County will undertake all actions as shall be necessary to maintain
the Notes or Refunding Notes as obligations the interest on which qualifies for
the tax exemption provided by Section 103(a) of the Code, including, where
appropriate and without limitation, filing informational returns with the Secretary
of Treasury, keeping accurate account of all monies earned in any fund, account
or sub-account authorized by this Resolution or any resolution adopted in
accordance with Section 1004 above, certifying cumulative cash flow deficits of
the County and the local units, and investing any required portion of the gross
proceeds of the Notes or Refunding Notes, whether on behalf of the County or
the local units, in tax-exempt obligations or State and Local Government Series
obligations, and
(iii) the County will make timely payment to the United States of any
investment earnings, realized by the County on the gross proceeds of the Notes
or Refunding Notes, as may be subject to rebate under Section 148(f) of the
Code, and, to the extent required under applicable law or deemed by the
Treasurer to be in the best interest of the County pursuant to written order, the
County's obligation to make such payment to the United States shall also
account for excess investment earnings realized by local units on all or a portion
of the gross proceeds distributed to, and held by, the local units pursuant to
Section 702.
(iv) the Treasurer shall be directed to take such actions and to enter into
such agreements and certifications, on behalf of the County, as the Treasurer
shall deem necessary or appropriate to comply with the foregoing covenants.
Commissioners Minutes Continued. January 22, 2004
27
1006. Undertaking to Provide Continuing Disclosure. If necessary, this Board of Commissioners,
for and on behalf of the County of Oakland, hereby covenants and agrees, for the benefit of
the beneficial owners of the Notes to be issued by the County, to enter into a written
undertaking (the "Undertaking") required by Rule 15c2-12 promulgated by the Securities
and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the
"Rule") to provide continuing disclosure of certain financial information and operating data
and timely notices of the occurrence of certain events in accordance with the Rule. The
Undertaking shall be substantially in the form as approved by the Underwriter of the Notes.
The Undertaking shall be enforceable by the beneficial owners of Notes or by the
Underwriter on behalf of such beneficial owners (provided that the Underwriter's right to
enforce the provisions of the Undertaking shall be limited to a right to obtain specific
enforcement of the County's obligations hereunder and under the Undertaking), and any
failure by the County to comply with the provisions of the Undertaking shall not be deemed
a default with respect to the Notes.
The County Treasurer or other officer of the County charged with the responsibility for issuing the Notes
shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth
the terms of the County's Undertaking.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 40.)
* MISCELLANEOUS RESOLUTION #04005
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT
2003 TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies And Gentlemen:
WHEREAS the Administrative Fund is necessary for the County Treasurer to administer the Delinquent
Tax Revolving Fund.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners designates the County
Treasurer as Agent for the County, pursuant to Section 87c, Sub-Section (2), of Act 206, and the
Treasurer's Office shall receive such sums as are provided in Section 87c, Sub-section (3), to cover
administrative expenses.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 40.)
* MISCELLANEOUS RESOLUTION #04006
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: TREASURER'S OFFICE - RESOLUTION AUTHORIZING ISSUANCE OF OAKLAND COUNTY
BUILDING AUTHORITY, BUILDING AUTHORITY REFUNDING BONDS, SERIES 2004 AND
APPROVING THE UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948, extra session, as
amended, ("Act 31") the Oakland County Building Authority (the "Authority") and the County of Oakland
(the "County"), have entered into a Limited Tax Full Faith and Credit General Obligation Contract of
Lease dated as of April 18, 1989 and an Amendment to Limited Tax Full Faith and Credit General
Obligation Contract of Lease dated as of March 12, 1990 (as listed in Appendix A) (together the "Lease
Contract"); and
Commissioners Minutes Continued. January 22, 2004
28
WHEREAS pursuant to the Lease Contract, the Building Authority has issued a series of its bonds which
remain outstanding as listed in Appendix B (the "Bonds") to defray the cost of acquiring and constructing
computer center facilities for the County; and
WHEREAS the Bonds remain outstanding in various aggregate principal amounts which mature in
various principal amounts in various years and bear interest at various rates per annum which rates of
interest are higher than those now prevailing; and
WHEREAS Act 31 authorizes the Authority to refund all or any part of its indebtedness; and
WHEREAS the County has determined that a significant cost savings can be achieved by refunding
outstanding Bonds in whole or in part; and
WHEREAS in order to provide for the Refunding Bonds and to comply with new federal securities
regulations, it is necessary to approve a second amendment to the Lease Contract between the County
and the Authority (the “Second Amendment to Lease Contract”) in order to approve the undertaking to
provide continuing disclosure which Continuing Disclosure Certificate is attached as Appendix 1 to the
Second Amendment to Lease Contract (the "Disclosure Certificate").
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Oakland as
follows:
1. The Authority is authorized to proceed to refund any or all of the Bonds described in
Appendix B in whole or in part, on such terms and conditions as will result in a lower total
indebtedness on such issue.
2. The Second Amendment to Lease Contract attached hereto as Appendix I is hereby
approved.
3. The County Officials set forth on the Second Amendment to Lease Contract are
authorized to execute and deliver the Second Amendment to Lease Contract on behalf of
the County.
4. After any refunding bonds are issued, the Authority shall report to the County on the new
debt service schedule and the savings in total principal and interest.
5. The County Executive, if necessary, is authorized to file for approval to issue the bonds
from the State of Michigan, Department of Treasury ("Treasury"), to pay the related fee,
and to execute and deliver such other documents as may be requested by the Treasury.
6. All activities involved in the refunding of the Bonds under this resolution shall comply with
the standing rules of the Board of Commissioners.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Appendix A, B, Appendix I – Second Amendment to Lease Contract, Exhibit A, and Appendix 1 –
Continuing Disclosure Certificate on file in County Clerk’s office.
(The vote for this motion appears on page 40.)
* REPORT (MISC. #03361)
BY: Personnel Committee, Gregory Jamian, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/MEDICAL CARE FACILITY – NURSING STAFF
REALIGNMENT
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #03361 on January 14, 2004
reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
Commissioners Minutes Continued. January 22, 2004
29
MISCELLANEOUS RESOLUTION #03361
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/MEDICAL CARE FACILITY – NURSING STAFF
REALIGNMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Medical Care Facility is a 24/7 operation; and
WHEREAS the Medical Care Facility currently has had difficulties in recruiting Licensed Practical Nurses
and Nursing Assistants; and
WHEREAS the Medical Care Facility proposes to upwardly reclassify two (2) Licensed Practical Nurse
positions to General Staff Nurses; and
WHEREAS the Medical Care Facility proposes to delete five (5) FTNE Nursing Assistant positions; and
WHEREAS the Medical Care Facility is requesting to create two (2) full-time General Staff Nurse
positions and one (1) PTNE General Staff Nurse position to provide more skilled nursing coverage to the
residents at the facility.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
upward reclassification of (2) Licensed Practical Nurse positions (#16335-01025 & 16335-00191) to
General Staff Nurses.
BE IT FURTHER RESOLVED to delete five (5) FTNE Nursing Assistant positions:
16335-00813
16335-00587
16335-02890
16335-00653
16335-00654
BE IT FURTHER RESOLVED to create two (2) FTE PR-funded General Staff Nurse positions.
BE IT FURTHER RESOLVED to create (1) PTNE 1,000 hr/yr PR-funded General Staff Nurse position.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (MISC. #03361)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/MEDICAL CARE FACILITY – NURSING STAFF
REALIGNMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The Department of Human Services/Medical Care Facility has had difficulty in recruiting
Licensed Practical Nurses and Nursing Assistants.
2. The Medical Care Facility proposes to delete five (5) FTNE Nursing Assistant positions
and upwardly reclassify two (2) Licensed Practical Nurse positions to General Staff
Nurses and create two (2) FTE Proprietary funded General Staff Nurse positions along
with (1) PTNE 1,000 hr/yr General Staff nurse position.
3. Net savings for this realignment is $19,743 for both FY 2004 and FY 2005.
4. A budget amendment to the FY 2004 and FY 2005 budget is recommended as follows:
FY 2004 FY 2005
MEDICAL CARE FACILITY
Fund 521
Expense
16-335200-20013-2001 Salaries ($153,052) ($153,052)
16-335200-20013-2074 Fringe Benefits ( 100,648) ( 100,648)
16-335200-20012-2001 Salaries ( 36,843) ( 36,843)
16-335200-20012-2074 Fringe Benefits ( 18,023) ( 18,023)
16-335200-20011-2001 Salaries 200,968 200,968
16-335200-20011-2074 Fringe Benefits 87,855 87,855
Commissioners Minutes Continued. January 22, 2004
30
($ 19,743) ($ 19,743)
16-335200-20011-8005 Est. Profit/Loss 19,743 19,743
$ -0- $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 40.)
* MISCELLANEOUS RESOLUTION #03365
BY: Planning And Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF
SECOND AMENDMENT TO LEASE 52-3 ROCHESTER DISTRICT COURT, 141 HAMPTON CIRCLE,
SUITE 141, ROCHESTER HILLS, MI 48307
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the County of Oakland is responsible for providing courthouse facilities for the 52nd District
Court Units; and
WHEREAS the County of Oakland presently leases 1,493 square feet of office space at 141 Hampton
Circle, Suite 141, Rochester Hills, MI for part of the operations of the 52-3 Rochester District Court; and
WHEREAS the County of Oakland is engaged in the process of constructing a new courthouse at 700
Barclay Circle in the City of Rochester Hills; and
WHEREAS construction of said new courthouse is scheduled for completion in the spring of 2004; and
WHEREAS the present lease for office space located at 141 Hampton Circle, Suite 141, will expire on
December 31, 2003; and
WHEREAS the Department of Facilities Management and A&P Investment Company, LLC, the landlord,
have negotiated the terms of the attached Second Amendment to Lease Agreement, which would allow
the court staff to continue to occupy the existing offices located at 141 Hampton Circle, Suite 141,
Rochester Hills, MI on a month to month basis until June 30, 2004 if necessary; and
WHEREAS the term for the Second Amendment to Lease Agreement shall commence on
January 1, 2004 and expire on June 30, 2004. Rent for the term of the lease shall be at a rate of $19.50
per square foot or $2,426.13 per month; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Second Amendment to Lease Agreement
between A&P Investment Company, LLC and the County of Oakland; and
WHEREAS it is the recommendation of the Department of Facilities Management that the Oakland
County Board of Commissioners accept and approve the terms and conditions of the attached Second
Amendment to Lease Agreement for the premises located at 141 Hampton Circle, Suite 141, Rochester
Hills, MI 48307.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Second Amendment to the Lease Agreement for the premises
located at 141 Hampton Circle, Suite 141, Rochester Hills, MI between the County of Oakland and A&P
Investment Company, LLC.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached Second Amendment to the Lease Agreement for the
premises located at 141 Hampton Circle, Suite 141, Rochester Hills, MI between A&P Investment
Company, LLC and the County of Oakland.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Second Amendment to Lease Between A&P Investment Company, L.L.C., a Michigan Limited
Liability Company and the County of Oakland, a Michigan Constitutional Corporation on file in County
Clerk’s office.
Commissioners Minutes Continued. January 22, 2004
31
FISCAL NOTE (MISC. #03365)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF
SECOND AMENDMENT TO LEASE 52-3 ROCHESTER DISTRICT COURT, 141 HAMPTON CIRCLE,
SUITE 141 ROCHESTER HILLS, MI 48307
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution authorizes a six (6) month lease agreement extension between the
Department of Facilities Management and landlord A&P Investment Company, LLC.
2. The leased space is at 141 Hampton Circle, Suite 141 in Rochester Hills Michigan for the
operation of the 52-3 Rochester District Court.
3. This lease is to provide temporary housing, while construction proceeds on a permanent,
County owned facility for the 52-3 District Court.
4. This renewal to the lease of 1,493 square feet of office space at $19.50/sq. ft. or
$29,113.50 annually ($2,426.13 per month), or $14,557 for the six months beginning
January 1, 2004 and terminates June 30, 2004.
5. No budget amendment is necessary to fund this extension, as sufficient funds are
budgeted in the FY 2004 adopted budget.
FINANCE COMMITTEE
(The vote for this motion appears on page 40.)
* MISCELLANEOUS RESOLUTION #03366
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF
SECOND AMENDMENT TO LEASE 52-3 ROCHESTER DISTRICT COURT, 130 HAMPTON CIRCLE,
SUITE 150, ROCHESTER HILLS, MI 48307
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the County of Oakland is responsible for providing courthouse facilities for the 52nd District
Court Units; and
WHEREAS the County of Oakland presently leases 1,100 square feet of office space at 130 Hampton
Circle, Suite 150, Rochester Hills, MI for part of the operations of the 52-3 Rochester District Court; and
WHEREAS the County of Oakland is engaged in the process of constructing a new courthouse at 700
Barclay Circle in the City of Rochester Hills; and
WHEREAS construction of said new courthouse is scheduled for completion in the spring of 2004; and
WHEREAS the present lease for office space located at 130 Hampton Circle, Suite 150, will expire on
December 31, 2003; and
WHEREAS the Department of Facilities Management and A&P Investment Company, LLC, the landlord,
have negotiated the terms of the attached Second Amendment to Lease Agreement, which would allow
the court staff to continue to occupy the existing offices located at 130 Hampton Circle, Suite 150,
Rochester Hills, MI on a month to month basis until June 30, 2004 if necessary; and
WHEREAS the term for the Second Amendment to Lease Agreement shall commence on
January 1, 2004 and expire on June 30, 2004. Rent for the term of the lease shall be at a rate of $19.50
per square foot or $1,787.50 per month; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Second Amendment to Lease Agreement
between A&P Investment Company, LLC and the County of Oakland; and
WHEREAS it is the recommendation of the Department of Facilities Management that the Oakland
County Board of Commissioners accept and approve the terms and conditions of the attached Second
Amendment to Lease Agreement for the premises located at 130 Hampton Circle, Suite 150, Rochester
Hills, MI 48307.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Second Amendment to the Lease Agreement for the premises
Commissioners Minutes Continued. January 22, 2004
32
located at 130 Hampton Circle, Suite 150, Rochester Hills, MI between the County of Oakland and A&P
Investment Company, LLC.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached Second Amendment to the Lease Agreement for the
premises located at 130 Hampton Circle, Suite 150, Rochester Hills, MI between A&P Investment
Company, LLC and the County of Oakland.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Second Amendment to Lease Between A&P Investment Company, L.L.C., a Michigan Limited
Liability Company and the County of Oakland, a Michigan Constitutional Corporation on file in County
Clerk’s office.
FISCAL NOTE (MISC. #03366)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF
SECOND AMENDMENT TO LEASE 52-3 ROCHESTER DISTRICT COURT, 130 HAMPTON CIRCLE,
SUITE 150 ROCHESTER HILLS, MI 48307
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution authorizes a six (6) month lease agreement extension between the
Department of Facilities Management and landlord A&P Investment Company, LLC.
2. The leased space is at 130 Hampton Circle, Suite 150 in Rochester Hills Michigan for the
operation of the 52-3 Rochester District Court.
3. This lease extension is to provide temporary housing, while construction proceeds on a
permanent, County owned facility for the 52-3 District Court.
4. This renewal to the lease of 1,100 square feet of office space at $19.50/sq. ft. or $21,450
annually ($1,787.50 per month), or $10,725 for the six months beginning January 1, 2004
and terminates June 30, 2004.
5. No budget amendment is necessary to fund this extension, as sufficient funds are
budgeted in the Fiscal Year 2004 adopted budget.
FINANCE COMMITTEE
(The vote for this motion appears on page 40.)
* MISCELLANEOUS RESOLUTION #03370
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: CIRCUIT COURT – USE OF MEDIATION FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #90177, the Board of Commissioners established the Circuit
Court Civil Mediation Fund; and
WHEREAS the fund is to be used to help pay for Circuit Court enhancements and improvements as
requested by the Circuit Court and approved by the Board of Commissioners; and
WHEREAS the Court seeks to utilize the Mediation Fund for the following purposes:
DESCRIPTION COST
Furniture
Courtroom (jury box chairs, counsel chairs, $ 26,300
Courtroom chairs, court reporter work
station)
Jury Room (table, jury room chairs) 11,000
Office (task chairs, office chairs, desks & 41,060
Overheads, landscape furniture)
Equipment
Commissioners Minutes Continued. January 22, 2004
33
Judicial (counters, 4-drawer lateral file cabinets), 11,500
2-drawer lateral file cabinets, book cases,
rolling file cabinet)
Administration (4-drawer lateral file cabinets, 8,000
3-drawer file cabinets with overfile, rolling
file cabinet, fax machines, transcribers)
Oakland County Bar Association (offset 10,000
Mediation administrative expenses and
2003 Bench/Bar Conference
TOTAL MEDIATION FUND REQUEST $107,860; and
WHEREAS the total Civil Mediation Fund transfer for the above-referenced items is $107,860.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
use of $107,860 from the Circuit Court Civil Mediation Fund for the above-referenced items.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #03370)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: CIRCUIT COURT – USE OF MEDIATION FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution
and finds:
1. Resolution authorizes the utilization of Circuit Court Civil Mediation funds as established by
Miscellaneous Resolution #90177.
2. Request for these funds are to be used to pay for courtroom furniture ($78,360), equipment
cost ($19,500) and other mediation cost ($10,000) for a total of $107,860.
3. Funding of $421,878 is available in the Circuit Court Civil Mediation account of which a
portion is reserved to pay attorney bills.
4. The following budget amendment is recommended to the FY 2004 budget:
CIRCUIT COURT MEDIATION FUNDS(101) FY 2004
Revenue
1-35-130000-22200-0351 Civil Mediation $107,860
Expenditures
2-35-210000-11000-3348 Professional Svcs. $ 10,000
2-35-210000-11000-4100 Expendable Equip. 97,860
Total Expenditures $107,860
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 40.)
* REPORT (MISC. #03371)
BY: Personnel Committee, Gregory Jamian, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION/FRIEND OF THE COURT – REORGANIZATION AND
PERSONNEL RELATED ACTIONS
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Personnel committee having reviewed Miscellaneous Resolution #03371 on January 14, 2004
reports with the recommendation the Resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
Commissioners Minutes Continued. January 22, 2004
34
MISCELLANEOUS RESOLUTION #03371
BY: Public Services, Hugh D. Crawford, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION/FRIEND OF THE COURT REORGANIZATION AND
PERSONNEL RELATED ACTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Friend of the Court (FOC) Accounting and Banking functions and personnel were
transferred from Management and Budget to the FOC in May 2001; and
WHEREAS the State of Michigan dictated the implementation of their Child Support Enforcement System
at the Oakland County Friend of the Court (FOC) in September 2001 placing additional legal,
technological and personnel burdens on FOC; and
WHEREAS in 2003 the State of Michigan’s Attorney General initiated a program to pursue felony, non-
paying support obligors, expecting to seek 20-25 warrants in Oakland County per month, directly affecting
the FOC workload and having the potential of increasing the FOC incentive payment from the State; and
WHEREAS the FOC requires dedicated personnel to review and audit cases eligible for prosecution by
the Attorney General, as well as court appearances; and
WHEREAS the FOC wishes to reorganize its structure to better accommodate these changes in the FOC
workforce and workload.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
deletion of one (1) Supervisor – FOC Family Counselor (35404-00803).
BE IT FURTHER RESOLVED that the Supervisor – FOC Family Counselor classification be downwardly
reclassified from a full supervisor at a Salary Grade 16 to a working supervisor at Salary Grade 14.
BE IT FURTHER RESOLVED that two (2) FOC Family Counselor positions (35404- 02410 and 35404-
03184) be upwardly reclassified to Supervisor – FOC Family Counselor (SG 14).
BE IT FURTHER RESOLVED that the following classification and position be created in Circuit
Court/Family Division/Friend of the Court: Chief Assistant FOC – Legal Services, Salary Grade 20, OT
exempt.
BE IT FURTHER RESOLVED that the newly created Chief Assistant FOC- Legal Services position will
not be filled until Cooperative Reimbursement Program (CRP) Grant funding from the State of Michigan is
approved for this position.
BE IT FURTHER RESOLVED that one position (#35404-09869) be upwardly reclassified from Account
Clerk II to Child Support Account Specialist to act as support for the State Attorney General’s pursuit of
felony, non-paying support obligors.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #03371)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION/FRIEND OF THE COURT – REORGANIZATION AND
PERSONNEL RELATED ACTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Circuit Courts/Family Division/Friend of the Court (FOC) proposes to reorganize its
structure to better perform and accommodate the various legislative changes and service
demands being imposed upon it by State of Michigan, the State Attorney General’s
Office, and changes in workload.
2. The following changes are recommended:
- Delete one (1) Supervisor - FOC Family Counselor (35404-00803).
- Downwardly reclassify one (1) Supervisor - FOC Family Counselor classification
from a full supervisor at a Salary Grade 16 to a working supervisor at a Salary
Grade 14.
- Upwardly reclassify two (2) FOC Family Counselor positions (35404- 02410 and
35404-03184) to Supervisor - FOC Family Counselor (Salary Grade 14).
Commissioners Minutes Continued. January 22, 2004
35
- Create one (1) new position of Chief Assistant FOC – in the Legal Services
section at Salary Grade 20, OT exempt, this newly created Chief Assistant FOC-
Legal Services position will not be filled until Cooperative Reimbursement
Program (CRP) Grant funding from the State of Michigan is approved for this
position.
- Upwardly reclassified one position (# 35404-09869) from Account Clerk II to
Child Support Account Specialist to act as support for the State Attorney
Generals pursuit of felony non-paying support obligors.
3. The reorganization will result in a net increase to the CRP contract of $51,695 and a net
savings to the General Fund of $25,882 for FY 2004 and a net increase of $79,063 to the
CRP contract and a net savings to the General Fund of $39,584 for FY 2005.
4. The Circuit Court FOC and General Fund budgets for FY 2004 and FY 2005 be amended
as follows:
GENERAL FUND (101) FY 2004 FY 2005
Expenditures
2-90-290000-25000-2872 Non-Dept. Grant Match ($ 25,882) ($ 39,584)
2-90-290000-25000-9075 Non-Dept. Salary Adj $ 25,882 $ 39,584
Total Gen. Fund $ -0- $ -0-
FRIEND OF THE COURT FUND (215)
Revenues
Circuit Court/FOC:
1-35-141215-71000-0167 CRP Grant Match ($ 25,882) ($ 39,584)
1-35-141215-71000-0367 CRP Contract 51,695 79,063
Total Cir. Ct FOC Fund $ 25,813 $ 39,479
Expenditures
Circuit Court/FOC:
2-35-241215-71000-2001 Salaries $ 48,583 $ 74,304
2-35-241215-71000-2074 Fringes 24,048 36,780
2-35-241215-73000-2001 Salaries 4,249 6,499
2-35-241215-73000-2074 Fringes 1,444 2,209
2-35-241215-81000-2001 Salaries ( 34,466) ( 52,712)
2-35-241215-81000-2074 Fringes ( 18,046) ( 27,601)
Total Cir. Ct FOC Fund $ 25,813 $ 39,479
$ -0- $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 40.)
* MISCELLANEOUS RESOLUTION #04007
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: 52ND DISTRICT COURT, DIVISION I – 2004 MICHIGAN DRUG COURT PROGRAM
CONTINUATION GRANT CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 52nd District Court, Division I (Novi) applied for a grant with the State Court Administrative
Office (SCAO), Michigan Drug Court Grant Program; and
WHEREAS the application requested total funding in the amount of $133,500 of which $53,500 is
awarded by SCAO, and $80,000 received from the Byrne Memorial Grant; and
WHEREAS the award from SCAO is for $53,500 and serves as the required 40% matching funds for the
Byrne Memorial Grant, and the Byrne Memorial Grant serves as the match for the SCAO grant; and
WHEREAS the Byrne Memorial Grant for FY 2004 accepted by Miscellaneous Resolution #03314 was
used as the application for the SCAO Grant; and
WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing
recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days
ordered; and
Commissioners Minutes Continued. January 22, 2004
36
WHEREAS continued funding for one (1) special revenue full-time eligible Probation Officer I position
(32205-09903) in the Probation Unit is awarded to provide intensive probation supervision and frequent
alcohol testing of defendants; and
WHEREAS the 40% grant match funding ($53,500) for this position will be SCAO funded; and
WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding
for Federal, State and Private grants; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review
Process and the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
State Court Administrative Office (SCAO), Michigan Drug Court Program Grant, in the amount of $53,500,
with no County Match requirement.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the contract agreement and that the chairperson may approve amendments and extensions up to
fifteen (15%) percent variance from the award, consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation
of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court
Administrative Office, providing that assurance #4 of the grant application shall not be construed as a
mandate for future funding of the program from the funding unit, said letter attached hereto and
incorporated by reference herein.
BE IT FURTHER RESOLVED that there is no Oakland County grant match funding requirement for the
one (1) full-time eligible special revenue Probation Officer I position (32205-09903) in the Probation unit
of 52nd District Court, Division I (Novi).
BE IT FURTHER RESOLVED that no positions may be filled nor expenditures authorized until a grant
agreement is fully executed with the County’s obligation limited to the grant funding period.
BE IT FURTHER RESOLVED that continuation of the position associated with this grant is contingent
upon continuation of State funding.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Contract review – 52/1 District Court – Novi, letter from Dawn A. Monk, Deputy State Court
Administrator, Michigan Drug Court Grant Program 2004 Grant Contract, Attachment A, Budget Summary
2004, Budget Detail Worksheet 2004, and Michigan Drug Court Program 2004 on file in County Clerk’s
office.
FISCAL NOTE (MISC. #04007)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: 52ND DISTRICT COURT, DIVISION I – 2004 MICHIGAN DRUG COURT PROGRAM
CONTINUATION GRANT CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The 52nd District Court, Division I (Novi) has received a grant from the State Court
Administrator’s Office (SCAO), Michigan Drug Court Program, for the period of January
1, 2004, through December 31, 2004.
2. The award from SCAO is for $53,500 requiring $80,000 in County match, which is to
come from the FY 2004 Byrne Memorial Grant. The total program amount equals
$133,500.
3. The grant includes continuation funding of one (1) special revenue full-time eligible
Probation Officer I position (32205-09903).
4. In addition to the County match requirements, the County is expected to incur
administrative and support costs of $1,280 for 2004, which have been included in the FY
2004/FY2005 budget. This grant does not allow for recovery of those costs.
5. The FY 2004 budget should be amended as follows to accept continued funding from the
SCAO, 52-1 District Court Drug Court grant:
Commissioners Minutes Continued. January 22, 2004
37
SPECIAL REVENUE FUND 279
Revenue
1-32-279-100303-28000-0171 Grants-State $ 53,500
1-32-279-100303-28000-0167 Grant Match $ -0-
$ 53,500
Expenditures
2-32-279-200303-28000-2001 Salaries $ 16,219
2-32-279-200303-28000-2075 Fringe Benefits $ 7,417
2-32-279-200303-28000-2560 Consultant $ 21,258
2-32-279-200303-28000-4156 Lab. Supplies $ 8,606
$ 53,500
FINANCE COMMITTEE
(The vote for this motion appears on page 40.)
* MISCELLANEOUS RESOLUTION #04008
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: PROSECUTING ATTORNEY - 2004/2005 AUTOMOBILE THEFT PREVENTION AUTHORITY
(ATPA) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Automobile Theft Prevention Authority (ATPA) has awarded the Office of the Prosecuting
Attorney grant funding in the amount of $253,262 for the period January 1, 2004 through December 31,
2004 and $261,368 for January 1, 2005 through December 31, 2005; and
WHEREAS this is the sixteenth (16th) year of grant award for this program; and
WHEREAS the State contribution for 2004 is $189,947(75%) and $196,026 (75%) for 2005,the County
contribution for 2004 is $63,315 (25%) and $65,342 for 2005; and
WHEREAS the required County match of $63,315 for 2004 and 65,342 for 2005 has been included in the
FY 2004/2005 Adopted Budget; and
WHEREAS the grant will continue to fund one (1) SR Assistant Prosecuting Attorney IV (position #41201-
06387) and one (1) SR Assistant Prosecuting Attorney III (position #41201-06113); and
WHEREAS acceptance of this contract does not obligate the County to any future commitment; and
WHEREAS the grant award has been processed through the County Executive Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Prosecuting Attorney's 2004/2005 Automobile Theft Prevention Authority grant in the total amount of
$253,262 for the period of January 1, 2004 through December 31, 2004 and $261,368 for the period of
January 1, 2005 through December 31, 2005.
BE IT FURTHER RESOLVED that the continuation of this program, including personnel, is contingent
upon continued grant funding.
BE IT FURTHER RESOLVED that amendments be made to the Prosecuting Attorney’s grant budget to
reflect the changes in the award as detailed in Attachment A.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of
the original award, which are consistent with the original agreement as approved.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Attachment A, Contract Review – Prosecutor’s Office, Automobile Theft Prevention Authority
Agreement, Program Addendum to Grant, Attachment to Orientation Report, and Oakland County
Prosecutor’s Anti-Auto Theft Program Budget Detail on file in County Clerk’s office.
Commissioners Minutes Continued. January 22, 2004
38
FISCAL NOTE (MISC. #04008)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: PROSECUTING ATTORNEY - 2004/2005 AUTOMOBILE THEFT PREVENTION AUTHORITY
(ATPA) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Prosecuting Attorney is requesting the acceptance of the State of Michigan
2004/2005 Automobile Theft Prevention Authority (ATPA) Grant.
2. Funding has been awarded in the amount of $253,262 for 2004 and $261,368 for 2005.
3. The 2004 State contribution is $189,947 (75%) and 2005 contribution is $196,026 (75%).
The County grant match is $63,315 (25%) for 2004 and $65,342 (25%) for 2005. The
County grant match is included in the FY 2004/2005 Non-Departmental Budget.
4. In addition to the County match requirements, the County is expected to incur
administrative and support costs of $17,528 for 2004 and $18,145 for 2005, which have
been included in the FY 2004/FY 2005 Prosecutor's Budget. This grant does not allow
for recovery of those costs.
5. A budget amendment is recommended for the Prosecutor’s 2004/2005 Automobile Theft
Prevention Authority Grant budget as detailed in Attachment A.
6. A budget amendment is recommended to transfer the grant match funds from the Non-
Departmental Grant Match Account for FY 2004 and FY 2005 as follows:
GENERAL FUND FY 2004 FY 2005
Expenditures
90-290000-25000-2872 Grant Match ($63,315) ($65,342)
41-211000-41400-2872 Grant Match $63,315 $65,342
$ -0- $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 40.)
* REPORT (MISC. #04009)
BY: Personnel Committee, Gregory Jamian, Chairperson
IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS – DEPARTMENT
OF HOMELAND SECURITY, OFFICE FOR DOMESTIC PREPAREDNESS – SOLUTION AREA
PLANNER (SAP) GRANT APPLICATION/ACCEPTANCE
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed the above referenced resolution on January 14, 2004, reports
with the recommendation the Resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #04009
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – DEPARTMENT
OF HOMELAND SECURITY, OFFICE FOR DOMESTIC PREPAREDNESS - SOLUTION AREA
PLANNER (SAP) GRANT APPLICATION/ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the US Department of Homeland Security, Office for Domestic Preparedness, FY 2002/2003
Supplemental Appropriations Act For Further Recovery From and Response to Terrorist Attacks on the
United States was passed by the Congress and signed by the President on August 2, 2002; and
WHEREAS the Act authorizes federal funding for a Solution Area Planner for local jurisdictions that
participated in the State Homeland Security Assessment and Strategy (SHSAS); and
Commissioners Minutes Continued. January 22, 2004
39
WHEREAS the grant acceptance provides funding for the creation of one (1) Special Revenue Technical
Assistant position; and
WHEREAS the grant shall provide 100% funding of this position from the period of January 1, 2004
through April 30, 2005; and
WHEREAS the Technical Assistant will assist with activities related to equipment acquisition, training,
planning, and organization for the Oakland County Homeland Security Strategy; and
WHEREAS the Michigan Department of State Police Emergency Management Division will serve as the
administrating agency for this grant; and
WHEREAS the grant agreement has been reviewed and approved through the County Executive
Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant
funding from the State of Michigan in the amount of $43,000 for the period of January 1, 2004 to
April 30, 2005.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the creation
of (1) one SR funded Technical Assistant position to be funded full-time non-eligible for the period of
January 1, 2004 through December 31, 2004, and part-time non-eligible for 316 hours from
January 1, 2005 through April 30, 2005.
BE IT FURTHER RESOLVED that this position is 100% grant funded from the period of January 1, 2004
through April 30, 2005.
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, and continuation of the position is contingent upon sufficient levels of grant funding.
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, Emergency Management Division
Informational letter, Homeland Security Solution Area Planner Position Description, letter from David
Lundquist, Michigan Department of State Police, and State of Michigan 2003 State Homeland Security
Grant Program Part II Solution Area Planner (SAP) Grant Agreement on file in County Clerk’s office.
FISCAL NOTE (MISC. #04009)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – DEPARTMENT
OF HOMELAND SECURITY, OFFICE FOR DOMESTIC PREPAREDNESS – SOLUTION AREA
PLANNER (SAP) GRANT APPLICATION/ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee, has reviewed the above referenced
resolution and finds:
1. The US Department of Homeland Security, Office for Domestic Preparedness,
FY2002/2003 Supplemental Appropriations Act For Further Recovery From and
Response to Terrorist Attacks on the United States was passed by the Congress and
signed by the President which authorizes federal funding for a Solution Area Planner for
local jurisdictions that participated in the State Homeland Security Assessment and
Strategy (SHSAS).
2. ERP is requesting one (1) Special Revenue Technical Assistant position to be funded
full-time non-eligible for the period of January 1, 2004 through December 31, 2004, and
part-time non-eligible for 316 hours from January 1, 2005 through April 30, 2005.
3. The Technical Assistant is 100% grant funded and would assist with activities related to
equipment acquisition, training, planning, and organization for Oakland County Homeland
Security Strategy.
4. Since this grant is not expected to continue, there are no ongoing administrative costs
associated with the acceptance of this grant.
Commissioners Minutes Continued. January 22, 2004
40
5. A budget amendment is recommended to the FY 2004 and FY 2005 Budget to recognize
the revenues and expenses for the FY 2003 State Homeland Security Assessment and
Strategy, Solution Area Planner (SAP) Contract.
FY2004 FY2005
OTHER FUNDS FUND 276
Revenue
1-11-276-100604-70001-0113 Federal Grant Revenue $ 37,331 $ 5,669
Expense
2-11-276-200604-70001-2001 Salaries $ 34,249 $ 5,201
2-11-276-200604-70001-2074 Fringe Benefits 3,082 468
$ 37,331 $ 5,669
$ -0- $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 40.)
* MISCELLANEOUS RESOLUTION #04010
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – DRUNK DRIVER
JAIL REDUCTION AND COMMUNITY TREATMENT PROGRAM APPLICATION AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan amended the Jail Reimbursement Program for Fiscal Year 04 to
exclude OUIL III offenders with a sentencing guideline score in the intermediate range; and
WHEREAS the State set aside a portion of the actualized savings from that amendment to fund a new
initiative, “The Drunk Driver Jail Reduction and Community Treatment Program”; and
WHEREAS Oakland County’s allocation of this fund is $760,050 for a full year and $570,038 for the
remaining nine (9) months of Fiscal Year 2004; and
WHEREAS this funding is being funneled through the State Office of Community Corrections; and
WHEREAS any programs created through this fund will become part of the County’s Comprehensive
Community Corrections Plan; and
WHEREAS PA 511 of 1988 requires that the “County Board or Boards of Commissioners of the County
shall approve the proposed comprehensive plan prepared by their advisory board; and
WHEREAS this application is an amendment to the existing comprehensive plan, and therefore requires
Board approval.
NOW THEREFORE BE IT RESOLVED that the proposal to request $570,038 from the State Office of
Community Corrections for the purpose of initiating the program contained within the grant application for
OUIL III offenders is hereby approved.
PUBLIC SERVICES COMMITTEE
Copy of Contract Review – Community Corrections Division, Appendix 1, and Michigan Department of
Corrections – Office of Community Corrections Budget Adjustment Request Fiscal Year 2004 on file in
County Clerk’s office.
Vote on resolutions on the Consent Agenda:
AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall,
Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Webster, Wilson, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with
accompanying reports being accepted).
Commissioners Minutes Continued. January 22, 2004
41
MISCELLANEOUS RESOLUTION #04011
BY: Finance Committee - Chuck Moss, Chairperson
IN RE: TREASURER/DRAIN COMMISSIONER – ROBERT HUBER DRAINAGE DISTRICT
REFUNDING BONDS - FULL FAITH AND CREDIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen
WHEREAS the Robert Huber Drainage District previously has issued its Drain Bonds, dated
February 1, 1995 (the "Drain Bonds") in the principal amount of $1,430,000, and this Board of
Commissioners, by Miscellaneous Resolution #94350 adopted on December 8, 1994, pledged the full
faith and credit of the County of Oakland (the "County") for the prompt payment of the principal of and
interest on the Drain Bonds; and
WHEREAS the Drainage Board for the Robert Huber Drain (the "Drainage Board"), by resolution adopted
on December 16, 2003, authorized and provided for the issuance by the Robert Huber Drainage District
of its Refunding Bonds, Series 2004 (the "Refunding Bonds"), in the aggregate principal amount of not to
exceed $1,300,000 to refund all or a portion of the Drain Bonds maturing in the years 2005 through 2014;
and
WHEREAS, the Refunding Bonds will be dated as of such date, will bear interest at such rates not to
exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal
amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage
Board at the time of sale; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board an resolution
pledging the full faith and credit of the County for the payment of the principal of and interest on the
Refunding Bonds; and
WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve
debt service savings for the City of Rochester Hills and the County.
NOW THEREFORE BE IT RESOLVED:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as
amended, the Board of Commissioners of the County hereby pledges irrevocably the full
faith and credit of the County for the prompt payment of the principal of and interest on
the Refunding Bonds and agrees that, in the event the City of Rochester Hills or the
County shall fail or neglect to account to the County Treasurer of the County for the
amount of any special assessment installment and interest when due, the amount thereof
shall be advanced immediately from County funds, and the County Treasurer is directed
to make such advancement to the extent necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out
of County funds all or any part of an installment and interest, it shall be the duty of the
County Treasurer, for and on behalf of the County, to take all actions and proceedings
and pursue all remedies permitted or authorized by law for the reimbursement of such
sums so paid.
3. The County Treasurer or the financial consultant, Municipal Financial Consultants
4. The County Treasurer is authorized to approve the circulation of a preliminary and final
official statement for the Refunding Bonds, to cause the preparation of those portions of
the preliminary and final official statement that pertain to the County, and to do all other
things necessary for compliance with Rule 15c2-12 issued under the Securities
Exchange Act of 1934, as amended (the "Rule") . The County Treasurer is authorized to
execute and deliver such certificates and to do all other things that are necessary to
effectuate the sale and delivery of the Refunding Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in the name and on
behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b) (5) of the Rule
and (ii) amendments to such certificate from time to time in accordance with the terms of
such certificate (the certificate and any amendments thereto are collectively referred to
herein as the "Continuing Disclosure Certificate"). The County hereby covenants and
agrees that it will comply with and carry out all of the provisions of the Continuing
Disclosure Certificate. The remedies for any failure of the County to comply with and
Commissioners Minutes Continued. January 22, 2004
42
carry out the provisions of the Continuing Disclosure Certificate shall be as set forth
therein.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Moved by Moss supported by Douglas the resolution be adopted.
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, Coleman. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
MISCELLANEOUS RESOLUTION #04012
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2003 YEAR-END REPORT
AND BUDGET AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all accounts have been posted and final adjustments made for Fiscal Year (FY) 2003; and
WHEREAS Statement #1 of the Governmental Accounting, Auditing and Financial Reporting Standards
requires that encumbrances and appropriations carried-forward be treated as a reserved fund balance at
the year-end and that such amounts be reappropriated in the subsequent year in order to be available for
expenditure; and
WHEREAS the results of operations after consideration of expenditures, accruals, encumbrances,
appropriations carried forward, transfers, adjustments, and closing entries was a favorable variance of
total revenues over total charges as reflected in the attached schedule; and
WHEREAS FY 2003 General Fund actual revenue fell below budgeted revenue by $15,711,545.29; and
WHEREAS FY 2003 General Fund actual operating expenditures and transfers fell below budgeted
operating expenditures and transfers by $32,317,110.38, rendering overall operating revenues in excess
of expenditures for FY 2003 of $16,605,565.09; and
WHEREAS the following reserves have been created:
- $50,890,224 in property tax revenue collected in FY 2003 to fund appropriations during
the first quarter of FY 2004 (this will be accounted for and treated as a designated fund
balance),
- $1,356,929.84 for General Fund/General Purpose operations (784,4343.97 for General
Fund alone) to cover encumbrances and pre-encumbrances obligated through the end of
FY 2003,
- $2,287,419 for General Fund/General Purpose operations to cover requested carry
forward of unspent FY 2003 appropriations (these carry forward requests will be
accounted for and treated as a designated fund balance),
- $14,120 to cover long and short term advance,
- $1,584,837 to cover pre-payments,
- $352,690 for payroll and petty cash; and
WHEREAS a designated fund balance, in the amount of $3,000,000 has been created in order to meet
future capital facility needs of the County; and
WHEREAS Oakland County and other local governments have appealed a ruling regarding the State Tax
Commission's rate table calculations of personal property taxes for public utilities; a designated fund
balance of $9,000,000 has been established to cover potential tax tribunal claims should that appeal be
denied; and
WHEREAS MiscellaneousResolution #02104 authorized the Drain Commissioner to implement a
Watershed Management program for FY 2002 and FY 2003 and Miscellaneous Resolution #03240
authorized the remaining FY 2003 funds of $432,479 be designated and applied to the FY 2004 budget
and a designated fund balance has been established to for this and in addition, funding for these
positions was budgeted in the Chapter 20/21 Drain Maintenance Funds, and a budget amendment is
recommended to correct revenue and expenditure in these funds; and
Commissioners Minutes Continued. January 22, 2004
43
WHEREAS subsequent to the events of September 11, 2001, the Administration reviewed the security of
County facilities and operations and a designated fund balance of $3,758,218 has been established to
continue funding anticipated improvements recommended as a result of the study; and
WHEREAS the rates charged by the Information Technology fund do not include an amount required to
replace equipment as it depreciates; $2,900,000 has been designated to continue to build a replacement
fund for future information technology needs; and
WHEREAS pursuant to Miscellaneous Resolution #89283, the Board of Commissioners established a
Designated Fund for Operational Improvements, which makes available a source of funds departments
can use to support innovative programs, providing the Board approves the use of the fund balance and
the requesting department commits to a pay-back within six (6) years of the original allocation; the
designated fund balance of $2,278,000 is restored from current year favorability, resulting from
efficiencies achieved due to implementation of approved projects; and
WHEREAS pursuant to Miscellaneous Resolution #02043, Oakland County purchased Peoplesoft
Financial and Human Resource software, and per Miscellaneous Resolution. #03326, the Board
authorized the re-designation of funding in the amount of $5,000,000 to cover a portion of the estimated
Phase I implementation costs; and
WHEREAS with the implementation of "Thin Client Computing" through Information Technology, a
designated fund balance of $2,232,572 has been established to fund the anticipated costs; and
WHEREAS a designated fund balance of $255,000 has been created to cover enhancements to the
information base of the County's Geographic Information System (GIS); and
WHEREAS Information Technology and the Health Division are collaborating in an effort to upgrade the
technology used by the Health Division in the performance of their public health duties, including the
scheduling and reporting of inspections, immunizations, etc., a designated fund balance of $572,899 has
been set aside to assist in funding these E-Health operations; and
WHEREAS an ongoing analysis reveals current receivables of $2,000,000 due from the State of Michigan
which could be in jeopardy as a result of economic conditions and a designated fund balance has been
established for a potential loss; and
WHEREAS a designated fund balance, in the amount of $500,000, has been set aside in order to
respond to Health Emergency Response; and
WHEREAS $2,287,419 of previously budgeted but unspent funds, designated for carry forwards in the
General Fund is requested to be appropriated to departments for use (fund #101 - general ledger account
#9407-079000), as reviewed and recommended by the Department of Management and Budget; and
WHEREAS the implementation of the COPS MORE grant, as well as the continued success of the
CLEMIS system, has increased the demand for various CLEMIS related projects, such as Computer
Aided Dispatch (CAD) and Automated Fingerprint Identification System (AFIS); a designated fund
balance of $642,000 has been established to meet the increased service demands; and
WHEREAS, pursuant to Miscellaneous Resolution #01249, the Board of Commissioners authorized the
elimination of the separate County Library Fund and required that the remaining balance in that fund,
including accrued interest, be transferred to the General Fund; and designated fund balance in the
amount of $171,695 reflecting the remaining Library Fund balance and accrued interest, has been
included for the Library's use; and
WHEREAS a $250,000 designated fund balance has been created for the Board of Commissioners to
utilize on special projects; and
WHEREAS a designated balance in the amount of $700,000 has been established to support the
continuing development of a county-wide Fire Records Management system; and
WHEREAS many departments/divisions will be faced with a need for additional resources to ease the
transitions resulting from staff reductions due to retirements and budget reductions; a designated fund
balance of $400,000 has been set aside to fund these transition costs; and
WHEREAS the Health Division, Equalization Division and Purchasing Division are participating in the
Cost Reduction Incentive Management Program (CRIMP); a designated fund balance of $148,067 is
required to cover payment to these divisions based on verified annual savings; and
WHEREAS a designated fund balance in the amount of $80,000 has been established to cover the cost
for completing Phase II of the Community Corrections Division database project for efficiently collecting
and maintaining caseload information; and
Commissioners Minutes Continued. January 22, 2004
44
WHEREAS a designated fund balance in the amount of $250,000 has been established for the
development of an Emergency Operations Center (EOC) Technology Implementation Plan for tracking
and documenting information before, during and after a disaster or emergency; and
WHEREAS a $250,000 designated fund balance has been created to cover cost for Information
Technology project of refining the Pontiac Police Department web-site (Pontiac COMSTAT) to be more
user-centric, easier to update, focused on community policing, and capable of using crime statistics; and
WHEREAS the microwave system currently used by the Road Commission Davisburg Tower is outdated
and can no longer be supported by the new radio tower system implemented, a designated fund balance
of $50,000 has been created to cover the cost of new radios for the Davisburg tower; and
WHEREAS a designated fund balance of $65,000 has been established for developing a substance
abuse triage program between Community Mental Health, Community Corrections and Community
Program Inc.(CPI) as a jail diversion; and
WHEREAS a designated fund balance in the amount of $65,000 has been established for Trade Missions
to bring more business to Oakland County; and
WHEREAS due to the increase in the number of data security threats, a designated fund balance of
$3,000,000 has been created to fund the technology necessary to protect data privacy and security; and
WHEREAS efforts are continuing to seek out new grants to assist Oakland County with on-going
operations and new programs, and a designated fund balance has been set aside for new grant
opportunities in the amount of $200,000; and
WHEREAS CLEMIS is in need of equipment replacement to accommodate the increase in service
requests; a designated fund balance of $780,000 has been established to cover the cost of equipment
replacement; and
WHEREAS per Miscellaneous Resolution #03043 a Budget Transition Fund was created to account for
appropriation reductions and revenue enhancements implemented in FY 2003, to mitigate the severity of
budget reductions required to balance the County's budget for FY 2004 and FY 2005; a designated fund
balance has been created for FY 2004 ($3,503,694), FY 2005 ($4,570,828), FY 2006 and beyond
($5,557,981) and a $3,500,000 designated fund balance has been created in anticipation of potential
State Budget Reductions; and
WHEREAS Management and Budget recommends an amendment to the Medical Care Facility budget to
correct budget appropriation for Human Services Department and the Department of Management and
Budget within the Medical Care Facility Fund (521); and
WHEREAS the FY 2003 4th quarter amendment of $95,700 to approve the transfer from the General
Fund designations to Fire Records Management was inadvertently omitted and funding is available in the
General Fund unreserved undesignated account for this purpose; and
WHEREAS the funds are to be redesignated to the Fire Records Management designated fund balance
for FY 2004 to cover the 4th quarter costs; and
WHEREAS on November 19, 2003 the Library Board approved the use of up to $30,000 from the
designated fund for Oakland County Library for the replacement of computers at the Research Library;
and
WHEREAS MR #03262 authorized $1,500,000 to be designated in the General Fund as part of the FY
2003 year-end closing for cost associated with the Drain - Water and Sewer Master Plan; and
WHEREAS an appropriation of $1,500,000 be established to cover cost associated with the Drain - Water
and Sewer Master Plan; and
WHEREAS donations have been received by the Medical Care Facility, Parks and Recreation and
Oakland County International Airport; and
WHEREAS donations have been received by Oakland County Restricted Funds which includes the
following funds: Animal Control Legacy, Medical Examiner Family Grief Counseling, Medical Examiner
Library Donation, Children’s Village Donation, Probate Court Trust, Library Gift, Law Library,
Blind/Handicapped Library, and the Easter Egg Hunt fund; and
WHEREAS Section 25 of the General Appropriations Act requires that the Board of Commissioners
receive a quarterly report regarding adjustments made to Inmate Accounts on transactions billed in
excess of ability to pay, as well as approve the write-off of any bad debt in excess of $1,000; and
WHEREAS the Department of Management and Budget requests the write-off of $133,249.20 in unpaid
debts for services provided by the Medical Care Facility primarily due to exhausted funds within the
patients estate, inability to locate patients discharged or relatives and closed cases; and
Commissioners Minutes Continued. January 22, 2004
45
WHEREAS the Department of Management and Budget requests the write-off of $115.54 in unpaid debt
for outside services rendered by the Information Technology Division and the write-off of $2,515 in unpaid
debts within Parks and Recreation for equipment rental ($750), shelter rental ($265) and a 1999
agricultural lease ($1,500); and
WHEREAS the Department of Management and Budget and Parks and Recreation have attempted
several methods to collect these debts; and
WHEREAS in accordance with Governmental Accounting Standards Board (GASB) Statement #34, the
County has established several restricted funds primarily due to donations made to the County for
specific services, which total $124,092.13.
NOW THEREFORE BE IT RESOLVED that the report of operations for Fiscal Year 2003, is accepted and
the results of operations by line-item after inclusion of expenditures, accruals, encumbrances,
appropriations carried-forward, transfers, adjustments, and closing entries is approved.
BE IT FURTHER RESOLVED in accordance with Section 25 of the General Appropriations Act, the Board
of Commissioners approves the write-off of the debt in the amount of $115.54 for Information Technology
and $2,515 for Parks and Recreation and $133,249.20 for Medical Care Facility.
BE IT FURTHER RESOLVED that various line items in the FY 2003 General Fund / General Purpose
Budgets be amended to include $1,356,929.84 for outstanding purchase orders as detailed in the
attached schedules.
BE IT FURTHER RESOLVED adjustments to the fund balance be approved as follows:
Balance Before Adjustments (result of FY 2003 activity) $ 16,605,565.09
Add to General Fund Balance:
Prior Years Encumbrances & Carried Forwards $ 2,252,083.87
Decrease in Long Term Advances 10,172.51
Decrease in Prepaids 521,048.86
Drain Records Conversion 2,070,000.00
Security Enhancements 191,804.00
Revenue Sharing Reserve 322,844.00
Operational Improvements 2,500,000.00
Sheriff's Helicopter 722,000.00
IT Thin Client 873,341.00
Northwest Highway Settlement 1,517,428.00
Emergency Response and Preparedness 2,000,000.00
E-Health 327,000.00
Senior Citizen Prescriptions 427,101.00
District Court Judges 100,000.00
County Library 46,784.00
Clerk Counter Renovations 77,000.00
CRIMP 50,587.00
Adjusted Total Including Additions $ 14,396,901.24
Deduct from General Undesignated Fund Balance:
Increase in Petty Cash ($ 15,495.00)
Increase in reserve for Property Taxes ( 3,138,769.29)
Capital Improvement Reserve ( 1,400,000.00)
Future Technology Replacement ( 1,900,000.00)
Carry Forwards ( 1,666,301.00)
CLEMIS Match for Cops More ( 242,000.00)
Succession Planning/Transition ( 200,000.00)
Fire Records Management ( 366,800.00)
Pontiac Comstat/Web Site ( 250,000.00)
Community Corrections Database ( 80,000.00)
Jail Diversion - Mentally III ( 65,000.00)
Drain - Water & Sewer Master Plan ( 1,500,000.00)
Trade Mission ( 65,000.00)
Emergency Operations ( 250,000.00)
RCOC Davisburg Radio Tower Conversion ( 50,000.00)
Data Privacy and Security ( 3,000,000.00)
Commissioners Minutes Continued. January 22, 2004
46
New Grant Opportunities ( 200,000.00)
CLEMIS Equipment Replacement ( 780,000.00)
Budget Transition FY 2004 ( 3,503,694.00)
Budget Transition FY 2005 ( 4,570,828.00)
Budget Transition FY 2006 ( 5,557,981.00)
State Budget Reductions ( 2,000,000.00)
Total Subtractions to General Fund Balance ($30,601,868.29)
Adjusted Total including Additions/Subtractions $ 400,598.04
Undesignated Fund Balance At Beginning of Year $ 82,369.67
Undesignated Fund Balance At the End of Year $ 482,967.71
BE IT FURTHER RESOLVED that the uncollectable debts, as recommended by the Department of
Management and Budget, and as listed on the attached schedules, are authorized to be written off.
BE IT FURTHER RESOLVED that $432,479 from the FY 2003 Designated Fund Balance be appropriated
in the Drain Commissioner's budget per Miscellaneous Resolution #03240 for the Watershed
Management project as follows:
GENERAL FUND
Revenue
90-190000-14000-1582 Prior Years Balance $ 432,479
Expenditures
61-231001-70100-2001 Drain - Salaries $ 205,031
61-231001-70100-2074 Drain - Fringe Benefits 111,664
61-231001-70100-2572 Drain - Contracted Services 95,680
61-231001-70100-3292 Drain - Personal Mileage 1,200
61-231001-70100-4080 Drain - Educational Supplies 10,000
61-231001-70100-6664 Drain - Mailings 1,000
61-231001-70100-6639 Drain - Drain Equipment 7,904
Total Expenditures $ 432,479
$ -0-
BE IT FURTHER RESOLVED that CRIMP funds in the amount of $51,497 from the FY 2003 Designated
Fund Balance (GL #9407-008000) be appropriated in the Health Division budget for renovation at the
Health South office.
GENERAL FUND
Revenue
90-190000-14000-1582 Prior Years Balance $ 51,497
Expenditure
16-201200-33100-2448 Budgeted Projects $ 51,497
$ -0-
BE IT FURTHER RESOLVED that $95,700 from the FY 2003 Undesignated Unreserved Fund Balance
(GL #9501) be designated in FY 2004 Fire Records Management Designated Fund Balance (#9401-
61000) to cover the balance of FY 2003 costs and reappropriated to the Fire Records Management
(FRM) fund for FY 2004 as follows:
GENERAL FUND
Revenue
90-190000-14000-1582 Prior Years Balance $ 95,700
Expenditure
90-310000-98531-8001 Transfer out to FRMs $ 95,700
$ -0-
FIRE RECORDS MANAGEMENT
Revenue
23-531003-98101-1701 Transfer in from General Fund $ 95,700
Estimated Changes in Fund Equity $ 95,700
$ -0-
BE IT FURTHER RESOLVED that funds of $30,000 be appropriated to the Library Budget from the
designated fund for Library (GL #9407-003000) for the replacement of computers at the research library
and that the General Fund and corresponding Information Technology fund be amended.
Commissioners Minutes Continued. January 22, 2004
47
GENERAL FUND
Revenue
90-190000-14000-1582 Prior Years Balance $ 30,000
Expenditure
51-331000-98636-8001 Transfer out to Info Tech fund $ 30,000
$ -0-
INFORMATION TECHNOLOGY FUND
Revenue
18-636113-98101-1701 Transfer in from General Fund $ 30,000
Expenditure
18-636142-15000-4101 Expendable equipment 30,000
$ -0-
BE IT FURTHER RESOLVED that $1,500,000 be appropriated to the Drain Commissioner's budget from
the designated fund for the Drain - Water and Sewer Master Plan (GL #9407-114000) as follows:
GENERAL FUND
Revenue
90-190000-14000-1582 Prior Years Balance $ 1,500,000
Expenditures
61-211001-10199-3348 Drain - Professional Services $ 1,500,000
$ -0-
BE IT FURTHER RESOLVED that the Medical Care Facility Fund budget be amended for FY 2004 and
FY 2005 as follows:
MEDICAL CARE FUND (521)
Expenditures FY 2004 FY 2005
12-623521-28000-2001 Salaries $63,154 $ 63,154
12-623521-28000-2074 Fringe Benefits 25,900 25,900
16-301200-20200-2960 Indirect Cost ( 89,054) ( 89,054)
$ -0- $ -0-
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Letter of Transmittal – Fiscal Year 2003 Year End Report, Revenues and Expenditures for
Governmental Funds for the Fiscal Year Ended September 30, 2003, Encumbrances Fiscal Year Ended
September 30, 2003, General Fund Equity as of September 30, 2003, Changes in General Fund Equity
During Fiscal Year 2003, and Fiscal Year 2003 Year End Report General fund/General Purpose Revenue
and Expenditures Summary by Department on file in County Clerk’s office.
Moved by Moss supported by Bullard 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, Coleman, Coulter. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
REPORT (MISC. #03372)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR LEGISLATION INCREASING LOCAL
CONTROL OVER APPROVAL, ISSUANCE, RENEWAL OR TRANSFER OF SDD AND SDM LIQUOR
LICENSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #03372 on January 12,
2004, reports with a recommendation that the resolution be amended, as follows:
1. Delete the 3rd Whereas
Commissioners Minutes Continued. January 22, 2004
48
2. Revise the BE IT FURTHER RESOLVED paragraph, as follows:
BE IT FURTHER RESOLVED that copies of this resolution be sent to the Michigan
Municipal League, the Michigan Township Association, the Cities, Villages and
Townships (CVTs) of Oakland County, all State Representatives and Senators from
Oakland County and the Michigan Association of Counties.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #03372
BY: Commissioners Charles E. Palmer, District #19 and Eric S. Wilson District #3
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR LEGISLATION INCREASING LOCAL
CONTROL OVER APPROVAL, ISSUANCE, RENEWAL OR TRANSFER OF SDD AND SDM LIQUOR
LICENSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there has been a proliferation of convenience stores, drug stores, and grocery stores licensed
to sell beer, wine, and/or liquor by the State of Michigan; and
WHEREAS greater numbers of sales outlets increase the demand for services provided by local
governments including, but not limited to, law enforcement services; and
WHEREAS there are no tax benefits to local governments from take out beer, wine and liquor sales; and
WHEREAS local communities do not have the same control over licenses to sell take out beer, wine or
package liquor as they do for Class C licenses; and
WHEREAS The Oakland County Board of Commissioners supports local governmental control over the
licensing of package liquor, and beer and wine take out licenses.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the
Michigan Legislature to introduce and enact legislation to extend to local legislative bodies the same right
to approve or disapprove the issuance, renewal or transfer of SDD and SDM liquor licenses as is now
provided for Class C licenses.
BE IT FURTHER RESOLVED that copies of this resolution be sent to all State Representatives and
Senators from Oakland County and the Michigan Association of Counties.
Chairperson, we move adoption of the foregoing resolution.
CHARLES PALMER, ERIC WILSON, GEORGE
SUAREZ, TOM MCMILLIN, THOMAS LAW,
WILLIAM PATTERSON, BILL BULLARD, HUGH
CRAWFORD, MICHAEL ROGERS, CHUCK
MOSS, JEFF POTTER, GREG JAMIAN, DAVID
COULTER
Moved by Patterson supported by Palmer the resolution be adopted.
Moved by Patterson supported by Palmer the General Government Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Wilson the resolution be amended to coincide with the
recommendation in the General Government Committee Report.
Commissioners Minutes Continued. January 22, 2004
49
A sufficient majority having voted therefore, the motion carried.
Vote on resolution, as amended:
AYES: Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin,
Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack,
Bullard, Coleman, Coulter, Crawford. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
REPORT (MISC. #03373)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SUPER BOWL XL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #03373 on
January 12, 2004, reports with a recommendation that the resolution be amended, as follows:
1. IN RE: MR #03373 – BOARD OF COMMISSIONERS – SUPPORT FOR SUPER BOWL XL
SUPPORT FOR USE OF STATE CONVENTION FACILITY DEVELOPMENT FUND TO
SUPPORT THE 2006 SUPER BOWL HOST COMMITTEE
2. Delete 9th Whereas
3. Add the following two Whereas paragraphs after the 10th Whereas, as follows: WHEREAS
County Executive L. Brooks Patterson has recommended a funding method for the
2006 Super Bowl Host Committee which does not involve the use of budgeted taxpayer
funds; and
WHEREAS specifically, Mr. Patterson’s proposal is to earmark one month’s worth of
the Tri-County Accommodations Tax collection from Oakland County hotels for use by
the 2006 Super Bowl Host Committee, estimated value of the earmarked funds is
$500,000; and
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION # 03373
BY: Commissioners Eileen T. Kowall, District #6, Martin J. Knollenberg, District #13
IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR SUPER BOWL XL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Detroit Super Bowl XL provides an exceptional opportunity for the entire regional to
become partners in building bridges that join our communities; and
WHEREAS the Detroit Super Bowl XL Host Committee is a non-profit corporation that serves as the
southeast Michigan region's liaison to the NFL. The Board of Directors is comprised of civic, corporate
and community leaders from the region; and
WHEREAS the budget for the Detroit Super Bowl XL Host Committee is approximately $14.3 million, of
which, at least 60% will be from corporate sponsorships; and
WHEREAS it is projected that 32% of the 120,000 guests and 3,000 media expected to visit the region to
attend the Super Bowl will be staying in Oakland County; and
WHEREAS Lawrence Technological University's economic impact study projected that Oakland County
hotels, restaurants, trades and services will receive $96 million in revenues and economic impact; and
WHEREAS the Detroit Super Bowl XL Host Committee has suggested $500,000 in financial support from
Oakland County Government; and
WHEREAS the Oakland County Board of Commissioners worked diligently with the County Executive to
address budget challenges, including balancing shrinking revenues with an ever expanding need to
provide quality services. Cost savings measures were instituted to eliminate a $33 million shortfall in the
county's $590 million Fiscal Year 2003-2004 Budget; and
Commissioners Minutes Continued. January 22, 2004
50
WHEREAS an innovative alternative must be explored that will allow Oakland County to support the
Detroit Super Bowl XL, without jeopardizing the quality of services Oakland County taxpayers expect from
the prudent expenditure of their tax dollars; and
WHEREAS one proposal for consideration is the diversion of funds from the Convention Facility
Development Fund for Cobo Hall; and
WHEREAS since 1985, the Detroit Tri-County (Oakland, Wayne and Macomb) Accommodations Tax has
been imposed on hotels and motels, with the proceeds earmarked for the Convention Facility
Development Fund; and
WHEREAS Pursuant to Public Act 106, these hotel/motel taxes have been collected in the tri-county
region to pay for the construction and renovation costs of Cobo Hall. In 2002, Oakland County forwarded
$7.4 million to Detroit for debt service payments on Cobo Hall; and
WHEREAS a temporary diversion of funds from the Convention Facility Development Fund requires the
Michigan State Legislature and Governor to approve an amendment to the Detroit Tri-County
Accommodation Tax; and
WHEREAS the Convention Facility Development Funds is at no risk of a shortfall in bond payments due
to this proposal, because debt service payments on Cobo Hall have a safety net that permits the Liquor
Excise Tax, Public Act 107 of 1985, county liquor taxes to be diverted to the Convention Facility
Development Fund to meet any unmet debt service requirements (FY 2002 $29,241,688.00).
NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of Commissioners hereby
supports the objectives of the Detroit Super Bowl XL Host Committee to build partnerships throughout our
region.
BE IT FURTHER RESOLVED THAT the Oakland County Board of Commissioners hereby supports the
following proposal to MCL 207.629, which would add subsection (4) as follows:
(4) The first $500,000 of excise taxes levied for the month of February, 2006, from
convention hotels located in Oakland County shall be distributed to the [temporary] fund
established by the Super Bowl XL Host Committee. This subsection shall only apply to
the first $500,000 in excise taxes collected in Oakland County for February, 2006, after
which distributions shall be pursuant to subsection (1).
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges the
Michigan State Legislature and the Governor to adopt the proposed temporary amendment to the Detroit
Tri-County Accommodations Tax.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests the
Oakland County Clerk to forward copies of this adopted resolution to Governor Granholm, the Oakland
County delegation to the State Legislature, the Michigan Association of Counties, Oakland County's
Legislative Lobbyists, the Detroit Super Bowl XL Host Committee, Detroit Renaissance, Detroit Regional
Chamber of Commerce, the Mayor and City Council of the City of Detroit and the County Commissioners
and Executive for Wayne and Macomb County.
Chairperson, we move the adoption of the foregoing Resolution.
EILEEN KOWALL, MARTIN KNOLLENBERG,
JOHN SCOTT, ERIC WILSON, JEFF POTTER,
GREG JAMIAN, CHRISTINE LONG, BILL
BULLARD, HELAINE ZACK, VINCENT
GREGORY, HUGH CRAWFORD, WILLIAM R.
PATTERSON, SUE ANN DOUGLAS
Moved by Patterson supported by Kowall the resolution be adopted.
Commissioner Moffitt, as a point of order, stated that when the Chairperson of the Standing Committee is
presenting a resolution to be moved on the floor that they must read the Now Therefore Be It Resolved
paragraph of the resolution.
Chairperson Law stated he would appreciate that being done.
Moved by Patterson supported by Knollenberg the General Government Committee Report be accepted.
Discussion followed.
Commissioners Minutes Continued. January 22, 2004
51
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Scott the resolution be amended to coincide with the recommendation
in the General Government Committee Report.
Discussion followed.
Moved by McMillin to:
Amend the first “BE IT FURTHER RESOLVED” paragraph, so that in the proposed subsection (4)
of MCL 207.629, the first sentence be changed by striking the words “[temporary] fund
established by the Super Bowl XL Host Committee” and inserting in their place the words,
“Oakland County General Fund for a possible tax cut for the citizens of Oakland County or for
other uses determined by the Oakland County Board of Commissioners.”
There being no support, therefore the motion failed.
Discussion followed.
Voice Vote on recommendation in the General Government Committee Report:
A sufficient majority having voted therefore, the motion carried.
Vote on resolution, as amended:
AYES: Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, Middleton, Moffitt, Moss,
Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford,
Douglas. (23)
NAYS: McMillin, Palmer. (2)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #04013
BY: General Government Committee, William Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/EMERGENCY RESPONSE AND
PREPAREDNESS – TECHNOLOGY IMPROVEMENTS DESIGNATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Emergency Response and Preparedness Division is responsible for
providing planning, response, recovery and mitigation services for natural, technological, national security
and nuclear emergencies or disasters affecting Oakland County, Michigan; and
WHEREAS Oakland County has recognized that information technology can play a key role in these
activities and is an integral part of the County’s Homeland Security strategy; and
WHEREAS to fully leverage the capabilities of the County's information technology infrastructure during
preparedness, response, recovery and mitigation activities, the County must implement several
technology improvements in the Emergency Response and Preparedness Division (ERP) and Emergency
Operations Center (EOC); and
WHEREAS improvements to the technology used by the County’s ERP Division and EOC will include, but
not be limited to, WebEOC enhancements, GIS application development, hardware upgrades, messaging
applications, and communications; and
WHEREAS attached is the Oakland County Emergency Operations Center Technology Upgrade Plan
which outlines the improvements to be made in the Emergency Response and Preparedness Division
(ERP) and Emergency Operations Center (EOC); and
WHEREAS $250,000 has been designated in the County’s General Fund for ERP and EOC Technology
Improvements.
Commissioners Minutes Continued. January 22, 2004
52
NOW THEREFORE BE IT RESOLVED that the Board of Commissioner’s approves for use, the
previously designated $250,000 to improve technology in the Emergency Response and Preparedness
Division and EOC.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Oakland County Emergency Operations Center Information Technology Upgrade Plan on file in
County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #04014
BY: General Government Committee, William Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - COMSTAT/CRIMEVIEW WEBSITE
PROPOSAL - PONTIAC POLICE DEPARTMENT PILOT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Pontiac Police Department is part of the County's CLEMIS program and is on the
County's OakNet broadband fiber optic network. The Pontiac Police Department uses Comstat reports
from the CLEMIS CrimeView application and has been successful at reducing some crimes in its
jurisdiction using these County-sponsored statistics; and
WHEREAS to fully leverage the capabilities of the County's technology infrastructure to uncover the
wealth of data and information currently stored, the County will develop a web site for the Pontiac Police
Department. The Comstat/CrimeView website will serve as a model and methodology for integrating
future CLEMIS agencies in providing crime data; and
WHEREAS web based crime information will serve as a pilot for other agencies in the county and will be
able to focus on its community policing program by delivering statistics and data reports, graphical charts,
and web-based interactive maps in order to help identify crime patterns based on geography and time
period; and
WHEREAS the crime statistics will be posted to the web for streamlined distribution which will add to the
existing Comstat data to provide timely and accurate information about sex offenders and parolees
released and/or residing in the area. Additionally, this information can be used by neighborhood watch
groups and the public in an effort to further reduce crime in Oakland County; and
WHEREAS new GIS technology will be deployed through an Oakland County web service application,
converting existing Pontiac crime view data and creating specialized data subsets that will be published to
the web specifically to meet community policing objectives; and
WHEREAS the Comstat/Crimeview web site will be hosted on existing County web and/or web
application servers. Additionally, Pontiac Police Dept will receive information architecture and content
development support, design assistance and read-to-use design templates, Teamsite Training, Statistical
Data Use Training, and customer support; and
WHEREAS the estimated cost for the development of the Comstat/Crimeview web site is $250,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
development of the Comstat/CrimeView web site for the Pontiac Police Department pilot.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. January 22, 2004
53
MISCELLANEOUS RESOLUTION #03333
BY: Personnel Committee, Thomas Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – DECREASE SALARY RANGE FOR OAKLAND COUNTY
BOARD OF COMMISSIONERS' ADMINISTRATIVE DIRECTOR – PROGRAM AND OPERATIONS
ANALYSIS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS a recent vacancy has occurred in the Administrative Director – Program and Operations
Analysis position; and
WHEREAS the current annual salary range for this position is $85,662 to $110,174; and
WHEREAS the Board of Commissioners recognizes the budget constraints initiated by the County
Executive due to revenue cutbacks by the State of Michigan; and
WHEREAS based on a recent review of the position by the Personnel Committee it is recommended the
annual salary range be reduced to $85,662 to $99,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
following annual salary range for the position of Board of Commissioner's Administrative Director –
Program and Operations Analysis:
BASE 1 Year 2 Year 3 Year
85,662 90,108 94,554 99,000
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (MISC. #03333)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: BOARD OF COMMISSIONERS – DECREASE SALARY RANGE FOR OAKLAND COUNTY
BOARD OF COMMISSIONERS’ ADMINISTRATIVE DIRECTOR – PROGRAM AND OPERATIONS
ANALYSIS
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. A recent vacancy has occurred in the Administrative Director – Program and Operations
Analysis position.
2. The current salary range is $85,662 to $110,174. The Board of Commissioners, recognizing
budget constraints initiated by the County Executive due to revenue cutbacks by the State of
Michigan and in concurrence with the Personnel Committee, is recommending the salary
range be reduced to $85,662 to $99,000.
3. Cost savings amount to $35,331 (Salary $31,010 Fringe Benefits $4,321).
4. A budget amendment is recommended for FY 2004 and FY 2005 as follows:
GENERAL FUND (101)
Expenditures
Dept OCA PCA Object FY 2004 FY 2005
51 211000 10000 2001 Salaries ($23,257) ($31,010)
51 211000 10000 2074 Fringe Benefits ( 3,241) ( 4,321)
90 290000 25000 3064 Legislative Expense 26,498 35,331
$ -0- $ -0-
FINANCE COMMITTEE
Moved by Jamian supported by Kowall the resolution be adopted.
AYES: Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss,
Palmer, Patterson, Potter, Rogers, Scott, Webster, Wilson, Zack, Bullard, Coleman, Coulter,
Crawford, Douglas, Gregory. (24)
NAYS: Suarez. (1)
A sufficient majority having voted therefore, the resolution was adopted.
Commissioners Minutes Continued. January 22, 2004
54
REPORT (MISC. #03364)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - ESTABLISHMENT OF AN INTERLOCAL
JOINT OPERATING AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF
ROCHESTER HILLS FOR OPERATION AND MAINTENANCE OF THE NEW 52-3 ROCHESTER
DISTRICT COURTHOUSE AND SHERIFF SUBSTATION, 700 AND 750 BARCLAY CIRCLE,
ROCHESTER HILLS, MI 48307
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee having reviewed the above referenced resolution reports the following
recommended amendment:
Add the word "Hills" after the words "52-3 Rochester" in the title of the resolution.
Chairperson, on behalf of the Finance Committee I move the acceptance of the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #03364
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – ESTABLISHMENT OF AN INTERLOCAL
JOINT OPERATING AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF
ROCHESTER HILLS FOR OPERATION AND MAINTENANCE OF THE NEW 52-3 ROCHESTER
DISTRICT COURTHOUSE AND SHERIFF SUBSTATION, 700 AND 750 BARCLAY CIRCLE,
ROCHESTER HILLS, MI 48307
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the County of Oakland and the City of Rochester Hills are engaged in the process of
constructing a new 52-3 Rochester District Courthouse and Sheriff substation at 700 and 750 Barclay
Circle in the City of Rochester Hills on land owned by the County of Oakland; and
WHEREAS pursuant to Miscellaneous Resolution. #02198 the County of Oakland and the City of
Rochester Hills entered into a Construction Administration Agreement and a Sublease Agreement to
provide for construction of a Sheriff Substation facility at 750 Barclay Circle, Rochester Hills, MI; and
WHEREAS the Sublease calls for the City of Rochester Hills to make the lease payments to be sufficient
to enable the County to meet its principal and interest payments on the bonds as such principal and
interest payments become due; and
WHEREAS upon the retirement of the bonds, the City of Rochester Hills will take ownership of the
Substation and the associated 2.19 acres of property; and
WHEREAS the County and the City have determined that it is to their mutual benefit to enter into the
attached Joint Operating Agreement for the purposes of operating and maintaining the Courthouse and
Substation buildings, grounds, parking lots, utilities and all other operational aspects related to the
functions and operations of said Courthouse and Substation facilities; and
WHEREAS it is the intent of the parties that the cost of maintaining and servicing the facility be as
equitably apportioned as possible both on a yearly basis as well as over the term of the Joint Operating
Agreement, with the understanding that a precise division of the costs will be neither practical nor cost
effective; and
WHEREAS the terms and conditions of this Joint Operating Agreement shall commence on the date of
issuance of a Certificate of Occupancy by the City for either the Courthouse or Substation and shall end
on a date five (5) years after such commencement date hereinafter referred to as the "Original Term"; and
WHEREAS this agreement may be renewed by mutual consent of the parties up to three (3) additional
five (5) year terms or less, upon terms and conditions mutually agreeable to the parties at the time of
renewal; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Joint Operating Agreement between the City of
Rochester Hills and the County of Oakland; and
WHEREAS it is the recommendation of the Department of Facilities Management that the Oakland
County Board of Commissioners accept and approve the terms and conditions of the attached Joint
Operating Agreement for the premises located at 700 and 750 Barclay Circle, Rochester Hills, MI 48307.
Commissioners Minutes Continued. January 22, 2004
55
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Joint Operating Agreement for the premises located at 700 and
750 Barclay Circle, Rochester Hills, MI between the City of Rochester Hills and the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached Joint Operating Agreement for the premises located at
700 and 750 Barclay Circle, Rochester Hills, MI between the City of Rochester Hills and the County of
Oakland.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Joint Operating Agreement 52-3 Rochester District Court/Sheriff Substation, and Site Plan on file
in County Clerk’s office.
FISCAL NOTE (MISC. #03364)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – ESTABLISHMENT OF AN INTERLOCAL
JOINT OPERATING AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF
ROCHESTER HILLS FOR OPERATION AND MAINTENANCE OF THE NEW 52-3 ROCHESTER HILLS
DISTRICT COURTHOUSE AND SHERIFF SUBSTATION, 700 AND 750 BARCLAY CIRCLE,
ROCHESTER HILLS, MI 48307
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution approves and authorizes a Joint Operating Agreement between the
County of Oakland and the City of Rochester Hills for the operation and maintenance of
the new 52-3 Rochester Hills District Courthouse and Sheriff Substation, including
buildings, grounds, parking lots, utilities, and all other operational functions.
2. The Agreement commences on the date of issuance of a Certificate of Occupancy by the
City for either the Courthouse or Substation and ends five years thereafter.
3. The Agreement may be renewed by mutual consent for up to three additional five-year
terms.
4. Oakland County will be responsible for and provide maintenance and operational
services at the Court Building for all furnishings, HVAC, electrical, plumbing, fire
suppression systems, communications equipment, and insurance.
5. The County will also be responsible for and provide maintenance and operational
services at the Court and Substation buildings for all security systems and related
equipment, custodial services, signage, and emergency generators.
6. The Facilities Maintenance & Operations Division estimates the County’s annual cost for
operation and maintenance of the facility at $609,375.
7. Funding for the County’s estimated cost is available in the FY 2004/2005 52-3 Rochester
Hills District Court Budget, Building Space Cost Allocation account.
8. No additional funding is required.
FINANCE COMMITTEE
Moved by Palmer supported by Wilson the resolution be adopted.
Moved by Palmer supported by McMillin the Finance Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Palmer supported by Potter the resolution be amended to coincide with the recommendation in
the Finance Committee Report.
A sufficient majority having voted therefore, the motion carried.
Commissioners Minutes Continued. January 22, 2004
56
Vote on resolution, as amended:
AYES: Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer,
Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter,
Crawford, Douglas, Gregory, Hatchett. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
REPORT (MISC. #04015)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY AND
HOME IMPROVEMENT DIVISION – FISCAL YEAR 2003 HOUSING COUNSELING GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution, reports with the following
recommended amendment:
Add WHEREAS paragraph after 7th WHEREAS paragraph as follows:
WHEREAS the contract includes an addendum approved by the U.S. Department of
Housing and Urban Development (HUD), which amends Article XII of the grant to state the
Grantee will not disclose counseling information unless otherwise provided by the
applicable statute or court rule, and Article VII and XV to state the Grantee may terminate
this Agreement if the Grantee cannot comply with the written or oral instructions or
amendments of the GTR provided for in Articles VII and XV.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
Copy of Addendum to Housing Counseling Grant Fiscal Year 2003 on file in County Clerk.
MISCELLANEOUS RESOLUTION #04015
BY: Planning And Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY AND
HOME IMPROVEMENT DIVISION – FISCAL YEAR 2003 HOUSING COUNSELING GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the U.S. Department of Housing and Urban Development (HUD) has awarded the
Department of Community and Economic Development – Community and Home Improvement Division
federal housing counseling grant funding in the amount of $38,836.00 for the 2003 federal fiscal year; and
WHEREAS this is the 9th year of the grant; and
WHEREAS the grant award of $38,836.00 represents a 35.27% variance from the application of $60,000,
and an increase of $18,555.00 from last year’s award of $20,281.00; and
WHEREAS the grant provides a full range of housing counseling services, information and assistance to
housing consumers in improving their housing conditions and meeting the responsibilities of home
ownership and tenancy including information for first time buyers, pre-occupancy, rental delinquency and
mortgage default assistance, Home Equity Conversion Mortgage Program, home improvement and
rehabilitation resources, displacement and relocation resources and pre-foreclosure assistance; and
WHEREAS the County intends to use the grant to supplement Community Development Block Grant
personnel funds allocated to deliver housing counseling services county-wide in accordance with the
Federal Comprehensive Housing Counseling Program guidelines; and
WHEREAS no County funding is required for this grant continuation; and
WHEREAS this grant has been reviewed and approved through the County Executive’s Contract Review
Process.
Commissioners Minutes Continued. January 22, 2004
57
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners accepts the FY
2003 Housing Counseling Grant in the amount of $38,836.00.
BE IT FURTHER RESOLVED that future level of service, including personnel, will be contingent upon the
level of funding available for this program.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize the Board’s
Chairperson and the County Executive to execute the grant agreement and attached addendum and to
approve amendments and extensions up to a fifteen (15) percent variance from the award.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Memo regarding Revised Contract Review – Community and Home Improvement Division, Grant
Assistance Award Amendment, and HUD Grant Agreement on file in County Clerk’s office.
FISCAL NOTE (MISC. #04015)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT – COMMUNITY AND
HOME IMPROVEMENT DIVISION – FISCAL YEAR 2003 HOUSING COUNSELING GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The U.S. Department of Housing and Urban Development has awarded federal FY 2003
Housing Counseling Grant funding in the amount of $38,836 to the Community & Home
Improvement Division.
2. The grant will supplement Community Development Block Grant funds allocated to
deliver housing counseling services in accordance with Federal Comprehensive Housing
Counseling Program guidelines.
3. This is the ninth (9th) year of the grant.
4. The funding period is from October 1, 2003 through September 30, 2004.
5. The award is $21,164 less than the application amount of $60,000 and $18,555 more
than the FY 2002 award of $20,281.
6. No County match is required for this grant continuation.
7. Indirect costs of $22,429 are associated with this grant. However, indirect cost is not
paid due to administrative and planning limits for this grant.
8. An amendment to the Community and Home Improvement Division’s FY 2004 Special
Revenue Fund Budget is recommended as follows:
Revenue
19-703400-60006-0113 Grants – Federal $38,836
Expenditure
19-703401-60006-2001 Salaries 38,836
$ -0-
FINANCE COMMITTEE
Moved by Palmer supported by Coleman the resolution be adopted.
Moved by Palmer supported by Zack the Finance Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Palmer supported by Gregory the resolution be amended to coincide with the recommendation
in the Finance Committee Report.
Commissioners Minutes Continued. January 22, 2004
58
A sufficient majority having voted therefore, the motion carried.
Vote on resolution, as amended:
AYES: Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson,
Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford,
Douglas, Gregory, Hatchett, Jamian. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #04016
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - INTERLOCAL AGREEMENTS FOR STORMWATER DETENTION
POND AND STREAM BANK INVENTORY PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolutions #02162 and #02163, the County applied for, and was
awarded, federal grant funding not exceeding a total of $103,995 (Main 1-2 Stormwater Detention Pond
Inventory Project $54,350 grant and Main 1-2 Stream Bank Inventory Project $49,645) from the County of
Wayne via United States Environmental Protection Agency (USEPA), to implement inventory of detention
ponds and stream banks; and
WHEREAS said grant, among other things, requires a 50% match in funds or in-kind services; and
WHEREAS Bloomfield Township, West Bloomfield Township, City of Birmingham, City of Bloomfield Hills,
City of Farmington Hills, City of Rochester Hills, City of Southfield, City of Troy, Village of Beverly Hills
and Village of Bingham Farms ("Municipalities") have requested the Oakland County Drain Commissioner
for assistance in administering the stormwater detention pond and streambank inventory project
("Project"); and
WHEREAS subject to the conditions contained in the attached agreement, the Municipalities, will agree to
reimburse the County as provided for in the attached copies of interlocal agreements; and
WHEREAS the attached agreements have been reviewed and approved by the Corporation Counsel; and
WHEREAS the scope of the Project is set forth in the Scope of Services attached to the attached
interlocal agreements; and
WHEREAS the Municipalities recognize and agree that, absent an agreement the County has no
obligation to provide these services or grant funding to or for the Municipalities.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners authorizes its
Chairperson to execute the attached Interlocal Agreements with Bloomfield Township, West Bloomfield
Township, City of Birmingham, City of Bloomfield Hills, City of Farmington Hills, City of Rochester Hills,
City of Southfield, City of Troy, Village of Beverly Hills and Village of Bingham Farms.
BE IT FURTHER RESOLVED the Drain Commissioner is authorized to proceed with the administering
the Detention Pond and Streambank Inventory Project.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Drain Commissioner’s Contracts for Storm Water Management Services with the
Village of Beverly Hills, Bingham Farms, Birmingham, Bloomfield Hills, Bloomfield Township, Farmington
Hills, Rochester Hills, City of Southfield, Troy, and West Bloomfield Township on file in County Clerk’s
office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. January 22, 2004
59
MISCELLANEOUS RESOLUTION #04017
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LEASE
AGREEMENT WITH HD DEVELOPMENT OF MARYLAND, INC., A MARYLAND CORPORATION C/O
HOME DEPOT 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 Miscellaneous Resolution #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 Miscellaneous
Resolution #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 Lease Agreement; and
WHEREAS under the attached Lease Agreement, the County will construct, operate and maintain a radio
tower to be located at 225 Avon Road, Rochester Hills; and
WHEREAS the initial term of the lease shall commence on January 1, 2004 and expire on December 31,
2008. Rent for the term of the lease and three renewable terms shall be $200.00 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 lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached lease agreement between the County of Oakland and HD Development of
Maryland, a Maryland Corporation, c/o Home Depot.
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 HD Development of Maryland, a Maryland Corporation, c/o Home Depot.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Lease Agreement, Exhibits A, B, and C on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #04018
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT
EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY -
INDEPENDENCE OAKS COUNTY PARK (TAX PARCEL NO. 08-09-200-004)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Independence Oaks County Park located in
Independence Township; and
WHEREAS the Oakland County Parks Commission is proceeding with its planned campground
improvements at Independence Oaks County Park; and
WHEREAS as a condition of providing underground electric service to the campground area, the Detroit
Edison Company has requested that the County of Oakland grant a permanent easement for
underground electric service and related appurtenances over a portion of the park property; and
WHEREAS the Oakland County Parks Commission and the Detroit Edison Company have agreed upon a
route for the said underground electric service which will provide power to the campground area; and
Commissioners Minutes Continued. January 22, 2004
60
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached easement for underground electric service and related
appurtenances to the Detroit Edison Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement for underground electric service and related
appurtenances.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant of Non-Exclusive Underground Easement, and Exhibit A on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #04019
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT
EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY -
ADDISON OAKS COUNTY PARK (TAX PARCEL NO. 05-33-200-001)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Addison Oaks County Park located in Addison
Township; and
WHEREAS the Oakland County Parks Commission is proceeding with its planned campground
improvements at Addison Oaks County Park; and
WHEREAS as a condition of providing underground electric service to the campground area, the Detroit
Edison Company has requested that the County of Oakland grant a permanent easement for
underground electric service and related appurtenances over a portion of the park property; and
WHEREAS the Oakland County Parks Commission and the Detroit Edison Company have agreed upon a
route for the said underground electric service which will provide power to the campground area; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached easement for underground electric service and related
appurtenances to the Detroit Edison Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement for underground electric service and related
appurtenances.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant of Non-Exclusive Underground Easement, and Exhibit A on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. January 22, 2004
61
MISCELLANEOUS RESOLUTION #04020
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT
EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY -
OAKLAND COUNTY INTERNATIONAL AIRPORT (TAX PARCEL NO. 13-17-400-003)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Oakland County International Airport located in
Waterford Township; and
WHEREAS Lessee Williams International Corporation has constructed a new hangar facility on leased
property at the Oakland County International Airport; and
WHEREAS as a condition of providing underground electric service to the project site, the Detroit Edison
Company has requested that the County of Oakland grant a permanent easement for underground
electric service and related appurtenances over a portion of the airport property; and
WHEREAS the airport staff and the Detroit Edison Company have agreed upon a route for the said
underground electric service which will provide power to the project area; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached easement for underground electric service and related
appurtenances to the Detroit Edison Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement for underground electric service and related
appurtenances.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant of Non-Exclusive Underground Easement, and Exhibits A and B on file in County Clerk’s
office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #04021
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT
EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY -
NEW 52-3 COURTHOUSE AND SHERIFF SUBSTATION, LOCATED IN THE CITY OF ROCHESTER
HILLS (TAX PARCEL NO. 15-26-377-001)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is proceeding with the construction of a new Courthouse and Sheriff
Substation on Barclay Circle in the City of Rochester Hills to replace the existing leased courthouse
facilities; and
WHEREAS as a condition of providing underground electric service to the new buildings, the Detroit
Edison Company has requested that the County of Oakland grant a permanent easement for
underground electric service and related appurtenances over a portion of the Court property; and
WHEREAS the Department of Facilities Management and the Detroit Edison Company have agreed upon a
route for the said underground electric service which will provide power to both buildings; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached easement for underground electric service and related
appurtenances to the Detroit Edison Company for the sum of one dollar.
Commissioners Minutes Continued. January 22, 2004
62
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement for underground electric service and related
appurtenances.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant of Non-Exclusive Underground Easement, Exhibit A, and Location Map on file in County
Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #04022
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DIVISION OF WASTE RESOURCES - RESOLUTION APPROVING THE INTERLOCAL
AGREEMENTS FOR THE NORTH OAKLAND COUNTY HOUSEHOLD HAZARDOUS WASTE
CONSORTIUM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County and its northern municipalities are committed to protection of the natural
environment and preventing toxic materials from entering our waterways and landfill resources; and
WHEREAS the improper handling and disposal of toxic and poisonous household chemicals poses a
health risk to our citizens; and
WHEREAS recognizing there is a need to provide regular and easily accessible household hazardous
waste collection services to North Oakland County residents; and
WHEREAS collection events for household hazardous waste are widely accepted as the best way to
provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, meet
Phase II Stormwater Protection requirements, encourage pollution prevention and enhance
environmental health and safety in the home; and
WHEREAS Oakland County, through its Waste Resource Management Division has facilitated the
creation of the North Oakland County Household Hazardous Waste Consortium (NO HAZ), and
WHEREAS participating municipalities in Northern Oakland County have appointed an official
representative to the NO HAZ Consortium Board; and
WHEREAS the NO HAZ consortium has developed a household hazardous waste collection program;
and
WHEREAS the municipalities recognize and agree that absent an agreement with the County, the County
has no obligation to facilitate such a program; and
WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement
between the County and a number of municipalities in North Oakland County for the creation of a
program to collect household hazardous waste; and
WHEREAS the interlocal Agreement has been previously approved or is being considered by these
currently participating communities: Addison, Brandon, Commerce, Groveland, Lake Angelus, Oxford,
Orchard Lake, Pontiac, Rochester, Rochester Hills, Rose, Springfield, Sylvan Lake, Waterford, White
Lake; and
WHEREAS the interlocal Agreement is also being offered to the following communities that have
previously expressed an interest in participating: Auburn Hills, Bloomfield, Clarkston, Highland, Holly,
Independence, Lake Orion, Oakland, Orion, West Bloomfield; and
WHEREAS this Interlocal Agreement requires participating municipalities to fully reimburse the County for
all costs it incurs in connection with the NO HAZ program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreement and authorizes the Chairperson of the Board to sign the Agreement with all
municipalities who have signed the Interlocal Agreement and passed a resolution in support thereof.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Commissioners Minutes Continued. January 22, 2004
63
Copy of North Oakland County Household Hazardous Waste Interlocal Agreement, Exhibit A, B, 2004 NO
HAZ Event and Educational Operations and Waste Disposition on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioner Palmer requested a Public Hearing be scheduled for the purpose of allowing public
comment on the Board of Commissioners – Department of Planning and Economic Development –
Resolution Approving Project Plan (The Catholic Central High School of Detroit Project) City of Novi. The
Chairperson scheduled the Public Hearing for February 5, 2004 at 9:45 a.m. in the Board of
Commissioners Auditorium.
MISCELLANEOUS RESOLUTION #04023
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION – PROBATE COURT – ATTORNEY APPOINTMENT
PROGRAM AND PERSONNEL RELATED ITEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS upon order of the Michigan Supreme Court, Michigan Court Rule 8.123 requires each trial
court (Circuit, Probate, and Municipal courts) to adopt a local administrative order that describes the
court’s procedures for selection, appointment, and compensation of counsel who represent indigent
parties; and
WHEREAS the State Court Administrative Office has required that a trial court’s local administrative order
must:
1) Contain a Plan for Appointment: selecting, appointing and compensating counsel who
represent indigent parties;
2) Be Approved by SCAO; and
WHEREAS Michigan Court Rule 8.123 requires an annual compilation of a written or electronic report of
appointments and expenditures of public funds for attorney fees; and
WHEREAS Michigan Court Rule 8.123 requires the availability of trial court records for inspection by the
public; and
WHEREAS the General Jurisdiction (Civil) Division of Circuit Court already put in place a “plan” to select,
appoint and compensate counsel as well as meet the requirements regarding keeping and availability of
appointment records; and
WHEREAS in excess of 4,300 attorney appointments are made annually by the Circuit Court/Family
Division and Probate Court; and
WHEREAS several new clerical, data collection, and reporting functions must be performed by trial courts
to comply with the provisions of Michigan Court Rule 8.123 and the requirements of the State Court
Administrative Office; and
WHEREAS the Sixth Judicial Circuit/Family Division and Oakland County Probate Courts wishes to
provide for the discharge of these new functions by requesting that one (1) General Fund/General
Purpose Court Appointment Specialist classification and position be created for this function; and
WHEREAS the Circuit and Probate Courts have identified savings and funding sources that will cover the
cost of the requested position.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
creation of one (1) General Fund /General Purpose, Overtime non-exempt, salary grade 8, Court
Appointment Specialist classification and position located in Circuit Court/ Family Division/ Judicial
Support (35403).
BE IT FURTHER RESOLVED that this position will administer the selection, appointment and
compensation of court appointed indigent defense counsel as well as keep and make available attorney
appointment information for the Circuit Court/ Family Division and Probate Court.
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 the Finance Committee. There
were no objections.
Commissioners Minutes Continued. January 22, 2004
64
MISCELLANEOUS RESOLUTION #04024
BY: Tom McMillin, County Commissioner, District #11
IN RE: BOARD OF COMMISSIONERS - OPPOSITION TO OAKLAND COUNTY TAXPAYERS
FUNDING OF CONSTRUCTION PROJECTS OUTSIDE OF OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners is charged with overseeing all budgetary and
spending matters involving Oakland County tax dollars; and
WHEREAS in recent months, there has been discussion of a possible new income, sales or property tax
to help fund a Cobo Hall expansion project; and
WHEREAS the taxpayers of Oakland County are already overtaxed.
THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does not support any
new income, sales or property tax to be collected from Oakland County taxpayers for use in funding
construction projects outside of Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs County
Corporate Counsel to draft an ordinance that would prohibit the use of any current or future income,
sales, or property tax revenue collected from Oakland County taxpayers to fund construction projects
outside of Oakland County.
Chairperson, I move the adoption of the foregoing resolution.
TOM MCMILLIN
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #04025
BY: Eileen Kowall, District #6
IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN WHITE LAKE TOWNSHIP –
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, White Lake Township 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 White Lake Township is $13,968.40 from the
West Nile Virus Fund as repayment to White Lake Township 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 White Lake Township 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
$13,968.40 from the West Nile Virus Fund to repay White Lake Township for expenses incurred in
connection with the mosquito control project, once proper invoices are presented.
Chairperson, I move the adoption of the foregoing resolution.
EILEEN KOWALL
Copy of letters from George Miller, M.A., Manager/Health Officier, Carol J. Burkard, Clerk of White Lake
Township, Proposed Project for 2004 White Lake Twp. Mosquito Control Program, Resolution – West Nile
Virus Fund Expense Reimbursement Request, and Memo In Regards to West Nile Virus Fund
Reimbursement Request on file in County Clerk’s office.
The Chairperson referred the resolution to the General Government Committee and the Finance
Committee. There were no objections.
Commissioners Minutes Continued. January 22, 2004
65
MISCELLANEOUS RESOLUTION # 04026
BY: Commissioner Hugh D. Crawford, District #9
IN RE: BOARD OF COMMISSIONERS - REPRESENTATION CONCERNS ON THE STATE
PLANNING TEAM FOR HOMELAND SECURITY GRANTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the terrorist incidents occurring in New York and Pennsylvania and at the Pentagon on
September 11, 2001 has caused the United States to develop programs and bolster first responder
capabilities related to fighting terrorism and weapons of mass destruction; and
WHEREAS substantial federal funding has been released under the U. S. Department of Homeland
Security, through the Office for Domestic Preparedness (ODP), for the State Homeland Security Grant
Program to support our first responder abilities to respond to a Chemical, Biological, Radiological,
Nuclear or Explosive (CBRNE) related event; and
WHEREAS the Michigan State Police Emergency Management Division (MSP EMD) has appointed a
State Planning Team (SPT) with individuals not representative of the counties in southeast Michigan,
which make up approximately 60 percent of the State's population as well as 80 plus percent of the
State's critical infrastructure; and
WHEREAS MSP EMD is directing the SPT to prioritize, determine funding formulas, and direct future
grant money without the participation and input of the local communities in southeast Michigan as it
relates to risk, vulnerable areas, threats, and equipment shortfalls; and
WHEREAS MSP EMD has closed the meetings of the SPT to the communities (including first responders,
defined as police, fire and emergency medical services personnel) who provided the needs and
vulnerability assessment information under the premise of Homeland Security which provides protection
from disclosure information relating to critical infrastructure; and
WHEREAS proportionate population and critical infrastructure based funding should be directed to the
first responder community to encourage building mutual aid consortia to address approaches,
organization, and procedures for preventing terrorist use of nuclear weapons, detecting chemical and
biological materials and attacks, and improving response capabilities; and
WHEREAS Oakland County represents 11% of the State population and only receives approximately 3%
of the Homeland Security funding based upon the current grant formulas developed by the State; and
WHEREAS once the Homeland Security formula is set for allocating resources, the formula will develop
entrenched constituency groups in its defense; and
WHEREAS the MSP and other State departments are represented on the SPT and receiving Homeland
Security funds for State programs; and
WHEREAS the County has developed effective mutual aid consortia by encouraging cooperative
relationships with the first responders through grants provided to the local governmental units with both
County General Fund appropriations from the Board of Commissioners and funds received through the
State; and
WHEREAS the County would encourage the State to actively work in building local consortia and/or
supporting local consortia already in existence; and
WHEREAS the County’s significant experience in building consortia and the experience of other counties,
including first responders and emergency managers, would benefit in development of mutual aid
relationships in the case of an emergency; and
WHEREAS many other organizations involving police, fire/EMS and emergency management functions
have called for representation on the SPT; and
WHEREAS State representatives have asserted that the City of Detroit emergency manager sits on the
SPT to represent urban emergency management interests and the six county region (despite having no
input from those counties).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests and
urges that the region of southeast Michigan be adequately represented on the SPT for the purpose of
objectivity in fund distribution and adequate assessments of vulnerability.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the
funding formulas be based primarily upon population, critical infrastructure and vulnerability.
BE IT FURTHER RESOLVED that the SPT meetings be open to the first responder community for all but
the most sensitive homeland security discussions.
Commissioners Minutes Continued. January 22, 2004
66
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests that the
Oakland County Clerk forward copies of this adopted resolution to Wayne County, Macomb County, St.
Clair County, Monroe County, Washtenaw County, Governor Granholm and the Oakland County
delegation to the State Legislature.
Chairperson, I move the adoption of the foregoing resolution.
HUGH CRAWFORD, TOM MCMILLIN, EILEEN
KOWALL, JEFF POTTER, THOMAS
MIDDLETON, CHRISTINE LONG, DAVID
MOFFITT, WILLIAM PATTERSON, ERIC
WILSON, SUE ANN DOUGLAS, GREG
JAMIAN, JOHN SCOTT, CHARLES PALMER,
PETER WEBSTER, MICHAEL ROGERS,
THOMAS LAW, MARTIN KNOLLENBERG, BILL
BULLARD, CHUCK MOSS, GEORGE SUAREZ,
DAVID COULTER, ERIC COLEMAN, VINCENT
GREGORY, HELAINE ZACK, MATTIE
HATCHETT
The Chairperson referred the resolution to the General Government Committee and the Public Services
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #04027
BY: Peter H. Webster, County Commissioner, District #18
IN RE: BOARD OF COMMISSIONERS - MORATORIUM ON DETROIT WATER AND SEWER RATE
HIKES TO ALLOW FOR BUDGET AND RATE SETTING PROCESS REVIEW
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the City of Detroit through its Water and Sewerage Department (“DWSD”) supplies water and
wastewater services to much of southeastern Michigan, and the proficient and efficient provision of
service by DWDS is essential to the health and welfare of the citizens of southeastern Michigan; and
WHEREAS DWSD is a regional system that must be accountable to the regional customers, and the
communities served by the regional system have been paying ever increasing water and sewer bills for
several years; and
WHEREAS the current process for setting and determination of rates and the total annual cost for water
and sewer services has caused continued concern among its customers because of an inability to
determine with specificity the legitimate reasons for rate hikes; and
WHEREAS the rate formulation process must begin at such time as to allow full disclosure permitting
stakeholders to engage in meaningful review and evaluation and make constructive suggestions; and
WHEREAS the Mayor of Detroit and the Detroit City Council must permit an evaluation of the efficiency of
the DWSD operations by an independent, outside consultant and such evaluation should be conducted in
a public forum to provide assurances that DWSD is operated efficiently and cost effectively; and
WHEREAS the DWSD has failed to take any positive action on the unanimous resolution of the Oakland
County Board of Commissioners to provide for rate payer representation from each participating
municipality on the regional water and sewerage system to review the rates, charges, procedures and
overall efficiency of the water supply and sewerage services.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests that
the Detroit City Council place a moratorium on Water and Sewer rate increases for Fiscal Year 2004-05.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the City of
Detroit appointee from Oakland County, Marilynn E. Gosling introduce a resolution at the next Detroit
Water Board to place a moratorium on Water and Sewer rate increases for Fiscal Year 2004-05.
BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Oakland County
delegation to the state legislature, Oakland County cities, villages and townships, the Michigan
Association of Counties, the Michigan Municipal League, Oakland County’s legislative lobbyists, the City
of Detroit, the Detroit Water Board and the Honorable John Feikens.
Chairperson, I move the adoption of the foregoing resolution.
PETER WEBSTER, ERIC COLEMAN
Commissioners Minutes Continued. January 22, 2004
67
The Chairperson referred the resolution to the General Government Committee and the Planning and
Building Committee. There were no objections.
The Board adjourned at 10:35 a.m. to the call of the Chair or February 5, 2004, at 9:30 a.m.
G. WILLIAM CADDELL THOMAS A.LAW
Clerk Chairperson