HomeMy WebLinkAboutMinutes - 2005.02.17 - 836329
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
February 17, 2005
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:35 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian,
Kowall, Melton, Middleton, Molnar, Moss, Nash, Patterson, Rogers, Scott, Suarez, Wilson,
Woodward. (20)
ABSENT: Coleman (Excused Absence per Miscellaneous Resolution #04228), Long, Palmer,
Potter, Zack (with notice). (5)
Quorum present.
Invocation given by David Coulter.
Pledge of Allegiance to the Flag.
Chairperson Bill Bullard, Jr. on behalf of the Board of Commissioners, called for a moment of silence in
memory of Dan Murphy, former County Executive, who recently passed away.
Moved by Moss supported by Gregory the minutes of the January 27, 2005, Board Meeting be approved.
A sufficient majority having voted therefore, the minutes were approved as printed.
Moved by Kowall supported by Coulter the agenda be amended by adding the proposed Help America
Vote Act resolution under Special Order of Business and that Board Rule 12A be suspended for this
resolution in order to forgo referral so that debate and action can be completed today.
Vote on agenda, as amended:
AYES: Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall,
Melton, Middleton, Molnar, Moss, Nash, Patterson, Rogers, Scott, Suarez, Wilson,
Woodward. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the agenda, as amended was approved.
Commissioners Minutes Continued. February 17, 2005
30
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from L. Brooks Patterson,
Oakland County Executive, reappointing Douglas M. Etkin, Daniel P. Hunter, Keith J. Lerminiaux, Doug
Smith, Peter H. Webster and Douglas J. Williams to the Oakland County Brownfield Redevelopment
Authority Board of Directors. Also authorizing the appointment of David Coulter, Thomas Law and
Eric S. Wilson to the Oakland County Brownfield Redevelopment Authority Board of Directors. There
being no objections, the appointments were confirmed.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Wendy Potts, Chief
Circuit Court Judge, appointing Anna Devers to the Personnel Appeal Board in accord with Miscellaneous
Resolution #4606 Section VI(k) for a one-year term beginning January 1, 2005. The communication was
received and filed.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from the elected officials of
Oakland County John P. McCulloch, Oakland County Drain Commissioner, Michael J. Bouchard, Oakland
County Sheriff, Patrick M. Dohany, Oakland County Treasurer, David G. Gorcyca, Oakland County
Prosecuting Attorney and Ruth Johnson, Oakland County Clerk/Register of Deeds appointing Kevin R.
Larsen, Chief Deputy Drain Commissioner, as one of the five members to serve on the Job Evaluation
Review Panel for a term ending December 31, 2005. Undersheriff Michael McCabe was appointed Mr.
Larsen’s alternate. The communication was received and filed.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from L. Brooks Patterson,
Oakland County Executive appointing Gerald D. Poisson as his representative to the Job Evaluation
Review Panel for a term ending December 31, 2005. Judith Cunningham, Director of Corporation
Counsel, was designated as Gerald D. Poisson’s alternate representative to the Job Evaluation Panel.
The communication was received and filed.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Wendy Potts, Chief
Circuit Court Judge, appointing Kevin Oeffner to the Job Evaluation Review Panel as the courts’
representative for a one year term beginning January 1, 2005. Lisa Langton was appointed as Kevin
Oeffner’s alternate representative to the Job Evaluation Review Panel. The communication was received
and filed.
Chairperson Bill Bullard, Jr., along with Commissioner Eileen Kowall presented a proclamation honoring
Lakewood Elementary School for their extraordinary outpouring of generosity to aid the victims of the
December 24, 2004 Tsunami.
Chairperson Bill Bullard, Jr., along with Commissioner Eileen Kowall, on behalf of the citizens of Oakland
County and the Oakland County Board of Commissioners, presented a Certificate of Recognition to Mrs.
Starin’s 4th and 5th grade class for assisting the victims of the Tsunami Disaster.
Chairperson Bill Bullard, Jr., along with Commissioner Eileen Kowall, on behalf of the citizens of Oakland
County and the Oakland County Board of Commissioners, presented a Certificate of Recognition to
Kathleen Jackson for assisting the victims of the Tsunami Disaster.
The following people addressed the Board: Clifford Jablonski, Elizabeth Boyce of Easter Seals, Ellen
Thomerson of the Oakland County Parenting Awareness Coalition, Mark Danowski, and L. Brooks
Patterson, Oakland County Executive.
County Clerk Ruth Johnson received for filing a contract bid for Medical Examiner Services from Clifford
Jablonski of Carriage Services, Inc.
County Clerk Ruth Johnson received for filing information in regards to Easter Seals and Royal Oak
issues from Elizabeth Boyce, Vice President of Business Development and Marketing of Easter Seals –
Michigan, Inc.
Moved by Rogers supported by Suarez the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted and appointments being confirmed). (The vote for this motion
appears on page 59.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
Commissioners Minutes Continued. February 17, 2005
31
*MISCELLANEOUS RESOLUTION #05016
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 2004
TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies And Gentlemen:
WHEREAS ad valorem real property taxes are imposed by the County and the local taxing units within
the County on July 1 and/or December 1 of each year; and
WHEREAS a certain portion of these taxes remain unpaid and uncollected on March 1 of the year
following assessment, at which time they are returned delinquent to the County's treasurer (the
"Treasurer"); and
WHEREAS the Treasurer is bound to collect all delinquent taxes, interest and property tax administration
fees that would otherwise be payable to the local taxing units within the County; and
WHEREAS the statutes of the State of Michigan authorize the County to establish a fund, in whole or in
part from borrowed proceeds, to pay local taxing units within the County their respective shares of
delinquent ad valorem real property taxes in anticipation of the collection of those taxes by the Treasurer;
and
WHEREAS the County Board of Commissioners (the "Board") has adopted a resolution authorizing the
County's Delinquent Tax Revolving Fund (the "Revolving Fund Program"), pursuant to Section 87b of Act
No. 206, Michigan Public Acts of 1893, as amended ("Act 206"); and
WHEREAS such fund has been established to provide a source of monies from which the Treasurer may
pay any or all delinquent ad valorem real property taxes that are due the County, and any city, township,
school district, intermediate school district, community college district, special assessment district,
drainage district, or other political unit within the geographical boundaries of the County participating in
the County's Revolving Fund Program pursuant to Act 206 ("local units"); and
WHEREAS the Treasurer is authorized under Act 206, and has been directed by the Board, to make such
payments with respect to delinquent ad valorem real property taxes (including the property tax
administration fees assessed under subsection (6) of Section 44 of Act 206) owed in 2004 to the County
and the local units (collectively, the "taxing units") that will have remained unpaid on March 1, 2005 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 2005 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 2005 Revolving Fund. In order to implement the continuation of the Revolving
Fund Program and in accordance with Act 206, the County hereby establishes a 2005 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 2005
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.
Commissioners Minutes Continued. February 17, 2005
32
(b) The aggregate amount of the Notes shall not be less than the amount by which
the actual or estimated Delinquent Taxes exceeds (i) the County's participating
share of Delinquent Taxes, and (ii) any sums otherwise available to fund the Tax
Payment Account established under Section 702 (including any monies held in
respect of Section 704(c).
(c) The aggregate amount of the Notes shall not be greater than the sum of (i) the
actual amount of the Delinquent Taxes pledged to the payment of debt service
on the Notes, plus (ii) the amount determined by the Treasurer to be allocated to
a reserve fund. Original proceeds of the Notes devoted to a reserve fund shall
not exceed the lesser of (A) the amount reasonably required for those of the
Notes secured by the reserve fund, (B) 10% of the proceeds of such Notes, (C)
the maximum amount of annual debt service on such Notes, or (D) 125% of
average annual debt service on such Notes.
(d) The aggregate amount of the Notes shall be designated by the Treasurer by
written order after (i) the amount of the Delinquent Taxes, or the amount of
Delinquent Taxes to be funded by the issuance of the Notes, has been estimated
or determined, and (ii) the amount of the reasonably required reserve fund has
been calculated. Delinquent Taxes shall be estimated based on delinquencies
experienced during the past three fiscal years and on demographic and
economic data relevant to the current tax year, and shall be determined based on
certification from each of the taxing units. The amount of the reasonably required
reserve fund shall be calculated pursuant to such analyses and certificates as the
Treasurer may request.
104. Proceeds. If the Notes are issued and sold before the Treasurer has received certification from
the taxing units of the amount of the Delinquent Taxes and if such certification is not reasonably
anticipated to occur to allow distribution of the proceeds of the Notes within 20 days after the date
of issue, the proceeds of the Notes shall be deposited in the County's 2005 Delinquent Tax
Project Account and thereafter used to fund the whole or a part of the County's 2005 Tax
Payment Account, 2005 Note Reserve Account and/or 2005 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 2005 Tax Payment Account,
2005 Note Reserve Account and/or 2005 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
Commissioners Minutes Continued. February 17, 2005
33
the exact amount of each maturity the Treasurer shall consider the schedule of
delinquent tax collections prepared for the tax years ending December 31, 2004,
and the corollary schedule setting forth the anticipated rate of collection of those
Delinquent Taxes which are pledged to the repayment of the Notes. The amount
of each maturity and the scheduled maturity dates of the Notes shall be
established to take into account the dates on which the Treasurer reasonably
anticipates the collection of such Delinquent Taxes and shall allow for no more
than a 10% variance between the debt service payable on each maturity date.
The Notes, and the anticipated amount of pledged monies available on such
maturity date to make payment of such debt service.
(b) Alternatively, the Notes or a series of the Notes may be structured with a single
stated maturity falling not later than the fourth anniversary of the date of issue.
Notes issued under this subsection (b) shall be subject to redemption on such
terms consistent with Section 209 as shall be ordered by the Treasurer, but in no
event shall such Notes be subject to redemption less frequently than annually.
204. Interest Rate and Date of Record.
(a) Except as otherwise provided in this paragraph, Notes issued pursuant to
subsection (a) of Section 203 shall bear interest payable semi-annually, with the
first interest payment to be payable (i) on the first date, after issuance,
corresponding to the day and month on which the maturity of such Notes falls, or
(ii) if the Treasurer so orders, six months before such date. In the event (i) any
maturity of the Notes arises either less than six months before the succeeding
maturity date or less than six months after the preceding maturity date and (ii) the
Treasurer so orders in writing, interest on the Notes shall be payable on such
succeeding or preceding maturity date. Subject to the following sentence, Notes
issued pursuant to subsection (b) of Section 203 shall, pursuant to written order
of the Treasurer, bear interest monthly, quarterly, or semiannually, as provided
by written order of the Treasurer. If Notes issued under this Article II are sold
with a variable rate feature as provided in Article IV, such Notes may, pursuant to
written order of the Treasurer, bear interest weekly, monthly, quarterly or on any
put date, or any combination of the foregoing, as provided by written order of the
Treasurer.
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the registered owner of each Note as
of the applicable date of record, provided, however, that the Treasurer may agree
with the Registrar (as defined below) on a different method of payment.
(d) Subject to Section 403 in the case of variable rate Notes, the date of record shall
be not fewer than 14 nor more than 31 days before the date of payment, as
designated by the Treasurer prior to the sale of the Notes.
205. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution and
shall reflect all material terms of the Notes. Unless the Treasurer shall by written order specify
the contrary, the Notes shall be issued in fully registered form both as to principal and interest,
registrable upon the books of a note registrar (the "Registrar") to be named by the Treasurer. If
the Notes are issued in bearer form the Treasurer shall appoint a paying agent (the "Paying
Agent"). (The Registrar or Paying Agent so named may be any bank or trust company or other
entity, including the County, offering the necessary services pertaining to the registration and
transfer of negotiable securities.)
206. Denominations and Numbers. The Notes shall be issued in one or more denomination or
denominations of $1,000 each or any integral multiple of $1,000 in excess of $1,000, as
determined by the Treasurer. Notwithstanding the foregoing, however, in the event the Notes are
deposited under a book entry depository trust arrangement pursuant to Section 208, the Notes
shall, if required by the depository trustee, be issued in denominations of $5,000 each or any
integral multiple of $5,000. The Notes shall be numbered from one upwards, regardless of
maturity, in such order as the Registrar shall determine.
Commissioners Minutes Continued. February 17, 2005
34
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 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.
Commissioners Minutes Continued. February 17, 2005
35
(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 Treasurer shall prepare or cause to be prepared and disseminated an
offering memorandum or official statement containing all material terms of the offer and sale of
the Notes. Pursuant to any sale of the Notes, the County shall make such filings, shall solicit
such information and shall obtain such governmental approvals as shall be required pursuant to
any state or federal law respecting back-up income tax withholding, securities regulation, original
issue discount or other regulated matter.
212. Execution and Delivery. The Treasurer is authorized and directed to execute the Notes on behalf
of the County by manual or facsimile signature, provided that if the facsimile signature is used the
Notes shall be authenticated by the Registrar or any tender agent as may be appointed pursuant
to Section 801(c). The Notes shall be sealed with the County seal or imprinted with a facsimile of
such seal. The Treasurer is authorized and directed to then deliver the Notes to the purchaser
thereof upon receipt of the purchase price. The Notes shall be delivered at the expense of the
County in such city or cities as may be designated by the Treasurer.
213. Renewal, Refunding or Advance Refunding Notes. If at any time it appears to be in the best
interests of the County, the Treasurer, by written order, may authorize the issuance of renewal,
refunding or advance refunding Notes. The terms of such Notes, and the procedures incidental
to their issuance, shall be set subject to Section 309 and, in appropriate cases, Article X.
III. SHORT TERM RENEWABLE NOTES
301. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued in
accordance with this Article III. All references to "Notes" in Article III refer only to Notes issued
pursuant to Article III, unless otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of issuance or any prior date
selected by the Treasurer, and each issuance thereof shall mature on such date or dates not
exceeding one year from the date of their issuance as may be specified by written order of the
Treasurer.
Commissioners Minutes Continued. February 17, 2005
36
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 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.
Commissioners Minutes Continued. February 17, 2005
37
402. Determination of Rate. The order of the Treasurer shall provide how often the variable interest
rate shall be subject to recalculation, the formula or procedure for determining the variable
interest rate, whether and on what terms the rate shall be determined by a remarketing agent in
the case of demand obligations consistent with Section 801(d), and whether and on what terms a
fixed rate of interest may be converted to or from a variable rate of interest. Such formula or
procedure shall be as determined by the Treasurer, but shall track or float within a specified
percentage band around the rates generated by any one or more of the following indices:
(i) Publicly reported prices or yields of obligations of the United States of
America;
(ii) An index of municipal obligations periodically reported by a nationally
recognized source;
(iii) The prime lending rate from time to time set by any bank or trust
company in the United States with unimpaired capital and surplus
exceeding $40,000,000;
(iv) Any other rate or index that may be designated by order of the Treasurer
provided such rate or index is set or reported by a source which is
independent of and not controlled by the Treasurer or the County.
The procedure for determining the variable rate may involve one or more of the above indices as
alternatives or may involve the setting of the rate by a municipal bond specialist provided such
rate shall be within a stated percentage range of one or more of the indices set forth above.
403. Date of Record. The Date of Record shall be not fewer than one nor more than 31 days before
the date of payment, as designated by written order of the Treasurer.
404. Redemption. Notwithstanding any contrary provision of subsections (b) and (c) of Section 209,
but subject to the last sentence of this Section 404, Notes bearing interest at a variable rate may
be subject to redemption by the County and/or put by the holder at any time or times and in any
order, as may be determined pursuant to written order of the Treasurer. Notes shall not be
subject to redemption more frequently than monthly.
405. Remarketing, Repurchase and Resale.
(a) In the event Notes issued under this Article IV are constituted as demand
obligations, the interest rate on the Notes shall be governed by, and shall be
subject to, remarketing by a remarketing agent appointed in accordance with
Section 801(c), under the terms of a put agreement employed in accordance with
Section 801(d).
(b) The County shall be authorized, consistent with Act 206 and pursuant to order of
the Treasurer, to participate in the repurchase and resale of Notes in order to
reduce the cost of, or increase the revenue, attendant to the establishment of the
Revolving Fund and the issuance and discharge of the Notes. Any purchase of
Notes pursuant to this subsection (b) shall be made with unpledged monies
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;
Commissioners Minutes Continued. February 17, 2005
38
(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 2005 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 2005 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 2005 Note Payment Account
allocated to each sub-account may be set equal to the percentage that
Notes issued in the corresponding series bears to all Notes issued under
this Resolution or to any other percentage designated by the Treasurer
pursuant to written order; provided that if the various series are issued at
different times or if the various series are structured with different
maturity dates, (I) sums deposited in the Note Payment Account prior to
the issuance of one or more series may upon the issuance of each such
series be reallocated among the various sub-accounts established under
Subsection (b) above to achieve a balance among the sub-accounts
proportionate to the designated percentage allocation, and/or (II)
deposits to the Note Payment Account may be allocated among the sub-
accounts according to the total amount of debt service that will actually
be paid from the respective sub-accounts.
(ii) Alternatively, the Treasurer may, by written order, rank the sub-accounts
established under Subsection (b) above in order of priority, and specify
that each such sub-account shall receive deposits only after all sub-
accounts having a higher priority have received deposits sufficient to
discharge all (or any specified percentage of) Notes whose series
corresponds to any of the sub-accounts having priority.
(d) In the absence of a written order of the Treasurer to the contrary, the amounts in
each sub-account established pursuant to this Section 502 shall secure only the
Notes issued in the series for which such sub-account was established, until
such Notes and interest on such Notes are paid in full, 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
Commissioners Minutes Continued. February 17, 2005
39
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 2005 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 2005 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 2005 Note Payment
Account for each series of Notes. Each sub-account shall be allocated only
those amounts described in Section 704 which pertain to the taxing units
included in the series corresponding to the sub-account. Chargebacks received
from a taxing unit pursuant to Section 906 shall be deposited in the sub-account
corresponding to the series in which the taxing unit is included. Amounts held in
each sub-account shall secure the debt represented by only those Notes
included in the series corresponding to the sub-account, and disbursements from
each sub-account may be applied toward the payment of only those Notes
included in the series corresponding to the sub-account.
(f) The amounts in each sub-account established pursuant to this Section 503 shall
secure only the Notes issued in the series for which such sub-account was
established until such Notes and interest on such Notes are paid in full, after
which any amounts remaining in such sub-account shall accrue to the County
and shall no longer be pledged toward payment of the Notes.
VI. TAXABILITY OF INTEREST
601. Federal Tax. The County acknowledges that the current state of Federal law mandates that the
Notes be structured as taxable obligations. Consequently, the Notes shall, subject to Article X,
be issued as obligations the interest on which is not excluded from gross income for purposes of
Federal income tax.
602. State of Michigan Tax. Consistent with the treatment accorded all obligations issued pursuant to
Act 206, interest on the Notes shall be exempt from the imposition of the State of Michigan
income tax and the State of Michigan single business tax, and the Notes shall not be subject to
the State of Michigan intangibles tax.
Commissioners Minutes Continued. February 17, 2005
40
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 2005 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 2005 Note Reserve Account created under
Section 703 or the 2005 Note Payment Account created under Section 704. Monies in the
Project Account may be disbursed by the escrow agent to the County's 2005 Tax Payment
Account at any time and from time to time, upon receipt of a written requisition signed by the
Treasurer.
702. 2005 Tax Payment Account. The County's 2005 Tax Payment Account (the "Tax Payment
Account") is hereby established as a distinct account within the Revolving Fund. The Treasurer
shall designate all or a portion of the proceeds of the Notes, not to exceed the amount of
Delinquent Taxes, for deposit in the Tax Payment Account. If, however, the proceeds of the
Notes are initially deposited in the Project Account pursuant to Section 701, the Treasurer is
instead authorized and directed to transfer monies included in the Project Account in accordance
with the procedures set forth in Section 701. The County shall apply the monies in the Tax
Payment Account to the payment of the Delinquent Taxes or expenses of the borrowing in
accordance with Act 206. The allocation of monies from the Tax Payment Account may be made
pursuant to a single, comprehensive disbursement or may instead be made from time to time,
within the time constraints of Act 206, to particular taxing units as monies are paid into the Tax
Payment Account, such that the source of the monies (whether from the County's own funds,
from the proceeds of a tax exempt borrowing or from the proceeds of a taxable borrowing) may
be traced to the particular taxing unit receiving the funds. Moreover, and regardless of whether
multiple series of Notes are issued, the Tax Payment Account may be divided into separate sub-
accounts in order to allow the Treasurer to designate which taxing units shall receive borrowed
funds and which shall receive funds otherwise contributed by the County.
703. 2005 Note Reserve Account. In the event funding is provided as described in this Section 703,
the Treasurer shall establish a 2005 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
Commissioners Minutes Continued. February 17, 2005
41
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 2005 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. 2005 Note Payment Account.
(a) The County's 2005 Note Payment Account is hereby established as a distinct
account within the Revolving Fund. (The County's 2005 Note Payment Account,
as supplemented by monies held in any interim account that are designated for
transfer to the 2005 Note Payment Account, is herein referred to as the "Note
Payment Account".) The Treasurer is directed to deposit into the Note Payment
Account, promptly on receipt, those amounts described below in Paragraphs (i),
(ii), (iv), and (v) that are not excluded pursuant to Subsection (c) below.
Furthermore, the Treasurer may, by written order, deposit into the Note Payment
Account all or any portion of the amounts described below in Paragraph (iii).
(i) All Delinquent Taxes.
(ii) All statutory interest on the Delinquent Taxes.
(iii) All property tax administration fees on the Delinquent Taxes, net
of any amounts applied toward the expenses of this borrowing.
(iv) Any amounts that are received by the Treasurer from the taxing
units within the County because of the uncollectability of the
Delinquent Taxes.
(v) Any amounts remaining in the Project Account after the transfers
to the Tax Payment Account and Note Reserve Account have
been made as specified in Sections 702 and 703.
(b) Monies in the Note Payment Account shall be used by the County to pay
principal of, premium, if any, and interest on the Notes as the same become due
and payable.
(c) (i) The Treasurer may by written order provide that only a portion of
the sums described above in Subsection (a) shall be deposited
into the Note Payment Account and applied toward the payment
of debt service on the Notes, in which event those sums which
are withheld from the Note Payment Account shall be deposited
into the Tax Payment Account or, pursuant to further order of the
Treasurer, applied toward any other purpose consistent with Act
206. The portion of any sums described in Subsection (a) which
are withheld from the Note Payment Account pursuant to this
Subsection shall be determined in accordance with the following
Paragraph.
(ii) Prior to the issuance of the Notes, the Treasurer may by written
order specify a cut-off date not earlier than March 1, 2005, 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.
Commissioners Minutes Continued. February 17, 2005
42
(d) The Treasurer may by written order provide that at such time as sufficient funds
shall have been deposited into the Note Payment Account to pay all remaining
amounts owed under the Notes the pledge on any additional monies otherwise
payable to the Note Payment Account shall be discharged and such monies shall
not be deposited into the Note Payment Account or otherwise pledged toward
payment of the Notes.
(e) The Treasurer may by written order provide that in the event Notes are issued
pursuant to Article III, amounts that would otherwise be included in the Note
Payment Account or the Note Reserve Account (or any sub-account therein for a
particular series of Notes) shall not include any amounts received by the County
prior to the latest maturity date of any series of Notes previously issued under
Article II and/or Article III.
705. Limited Tax General Obligation and Pledge.
(a) The Notes shall be the general obligation of the County, backed by the County's
full faith and credit, the County's tax obligation (within applicable constitutional
and statutory limits) and the County's general funds. The County budget shall
provide that if the pledged monies are not collected in sufficient amounts to meet
the payments of the principal and interest due on the Notes, the County, before
paying any other budgeted amounts, shall promptly advance from its general
funds sufficient monies to pay such principal and interest.
(b) In addition, the monies listed below are pledged to the repayment of the Notes
and, subject to Section 901, shall be used solely for repayment of the Notes until
the principal of, premium (if any) and interest on the Notes are paid in full:
(i) All amounts deposited or earned in any Project Account, until
disbursed in accordance with Section 701;
(ii) All net proceeds from the sale of the Notes deposited or earned
in the Tax Payment Account, until disbursed in accordance with
Section 702;
(iii) All amounts deposited in the Note Payment Account pursuant to
Section 704(a);
(iv) All amounts deposited in the Note Reserve Account;
(v) All amounts earned from the investment of monies held in the
Note Payment Account or the Note Reserve Account; and
(vi) Any supplemental monies placed in the Note Payment Account
and drawn in the discretion of the Treasurer from unpledged
sums on the revolving funds, which pledge shall be subject to
such limitations or exceptions as shall be set forth in the written
order of the Treasurer.
(c) If the Notes shall be issued in various series pursuant to Article V, this pledge
shall in the case of any independently secured series extend only to monies in
accounts or sub-accounts pertaining to the particular series.
(d) If the amounts so pledged are not sufficient to pay the principal and interest when
due, the County shall pay the same from its general funds or other available
sources. Pursuant to written order of the Treasurer, the County may later
reimburse itself for such payments from the Delinquent Taxes collected.
706. Security for Renewal, Refunding or Advance Refunding Notes. Renewal, refunding, or advance
refunding Notes shall be secured by all or any portion of the same security securing the Notes
being renewed, refunded or advance refunded. The monies pledged in Section 705 for the
repayment of the Notes are also pledged for the repayment of the principal of, premium, if any,
and interest on any renewal, refunding, or advance refunding Notes issued pursuant to this
Resolution, and any such renewal, refunding, or advance refunding Notes shall be the general
obligation of the County, backed by its full faith and credit, which shall include the tax obligation of
the County, within applicable constitutional and statutory limits.
Commissioners Minutes Continued. February 17, 2005
43
707. Use of Funds after Full Payment or Provisions for Payment. After all principal of, premium, if any,
and interest on the Notes have been paid in full or provision made therefor by investments of
pledged amounts in direct noncallable obligations of the United States of America in amounts and
with maturities sufficient to pay all such principal, premium, if any, and interest when due, any
further collection of Delinquent Taxes and all excess monies in any fund or account of the
Revolving Fund, and any interest or income on any such amounts, may, pursuant to written order
of the Treasurer and subject to Article V, be used for any proper purpose within the Revolving
Fund including the securing of subsequent issues of notes.
VIII. SUPPLEMENTAL AGREEMENTS
801. Supplemental Agreements and Documents. The Treasurer, on behalf of the County, is
authorized to enter into any or all of the following agreements or commitments as may, in the
Treasurer's discretion, be necessary, desirable or beneficial in connection with the issuance of
the Notes, upon such terms and conditions as the Treasurer may determine appropriate:
(a) A letter of credit, line of credit, repurchase agreement, note insurance, or similar
instrument, providing backup liquidity and/or credit support for the Notes;
(b) A reimbursement agreement, revolving credit agreement, revolving credit note, or
similar instrument, setting forth repayments of and security for amounts drawn
under the letter of credit, line of credit, repurchase agreement or similar
instrument;
(c) A marketing, remarketing, placement, authenticating, paying or tender agent
agreement or dealer agreement designating a marketing, remarketing,
authenticating, paying, tender or placement agent or dealer and prescribing the
duties of such person or persons with respect to the Notes; and
(d) A put agreement or provision allowing the purchaser of the Notes to require the
County to repurchase the Notes upon demand at such times as may be provided
in such put agreement or provision.
(e) An agreement to use amounts formerly pledged to other years borrowings as
security for the Notes when no longer so pledged.
802. Revolving Credit Notes. If the Treasurer enters into a revolving credit agreement (the
"Agreement") pursuant to Section 801 above, the Agreement may call for the issuance of one or
more revolving credit notes (the "Revolving Credit Notes") for the purpose of renewing all or part
of maturing Notes or Notes that have been put pursuant to a put agreement or provision. Such
Revolving Credit Notes shall be issued pursuant to Article II or III, as appropriate, and in
accordance with the following provisions:
(a) Interest on the Revolving Credit Notes may be payable on maturity, on prior
redemption, monthly, bi-monthly, quarterly, or as otherwise provided in the
Agreement.
(b) The Revolving Credit Notes may mature on one or more date or dates not later
than the final maturity date of the Notes, as provided in the Agreement.
(c) The Treasurer may, at the time of the original issuance of the Notes, execute and
deliver one Revolving Credit Note in a maximum principal amount not exceeding
the lending commitment under the Agreement from time to time in force (and
may substitute one such Note in a lesser principal amount for another in the
event the lending commitment is reduced), provided that a schedule shall be
attached to such Note on which loans and repayments of principal and interest
are evidenced and further provided that the making of a loan and the evidencing
of such loan on the schedule of any such Note shall constitute the issuance of a
renewal Note for purposes of this Resolution.
IX. MISCELLANEOUS PROVISIONS
901. Expenses. Expenses incurred in connection with the Notes shall be paid from the property tax
administration fees collected on the Delinquent Taxes and, if so ordered by the Treasurer, from
any earnings on the proceeds of the offering or from other monies available to the County.
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.
Commissioners Minutes Continued. February 17, 2005
44
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 2005 Note
Payment Account no later than five weeks prior to the final maturity of the Notes. This Section
905 shall not be construed to limit the authority of the Treasurer under State law to charge back
under other circumstances or at other times.
906. Investments. The Treasurer is authorized to invest all monies in the Project Account, in the
Revolving Fund or in any account or sub-account therein that is established pursuant to this
Resolution in any one or more of the investments authorized as lawful investments for counties
under Act No. 20, Public Acts of 1943, as amended. The Treasurer is further authorized to enter
into a contract on behalf of the County under the Surplus Funds Investment Pool Act, Act No.
367, Michigan Public Acts of 1982, as amended, and to invest in any investment pool created
thereby monies held in the Project Account, in the Revolving Fund, or in any account or sub-
account therein which is established pursuant to this Resolution.
907. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is mutilated, lost, stolen, or
destroyed, the Treasurer may, on behalf of the County, execute and deliver, or order the
Registrar or Paying Agent to authenticate and deliver, a new Note having a number not then
outstanding, of like date, maturity and denomination as that mutilated, lost, stolen or destroyed.
In the case of a mutilated Note, a replacement Note shall not be delivered unless and until such
mutilated Note is surrendered to the Treasurer or the Registrar or Paying Agent. In the case of a
lost, stolen, or destroyed Note, a replacement Note shall not be delivered unless and until the
Treasurer and the Registrar or Paying Agent shall have received such proof of ownership and
loss and indemnity as they determine to be sufficient.
ARTICLE X. TAX-EXEMPT NOTES OR REFUNDING
1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The County acknowledges that the
current state of Federal law precludes the issuance of the Notes as obligations the interest on
which is exempt from Federal income tax. However, the County presently contemplates that
anticipated amendments to the Internal Revenue Code of 1986 (the "Code") and/or the Treasury
Regulations issued thereunder (the "Regulations") or a change in Michigan law changing the
character of the Notes may in the future permit the issuance of general obligation limited tax
notes on a tax-exempt basis, and, in view of this expectation, the County, through the offices of
the Treasurer, shall issue tax-exempt notes or issue obligations to refund any or all outstanding
Notes issued as taxable obligations, at the time, on the terms, and to the extent set forth in this
Article X.
1002. Timing of Refunding. The aforementioned refunding obligations (the "Refunding Notes") shall be
issued after the effective date of any change in the Code, Regulations, Internal Revenue Service
pronouncements or judicial rulings which, as confirmed by the written opinion of bond counsel,
permit the refunding of all or some of the outstanding Notes with proceeds from obligations the
interest on which is excluded from gross income for purposes of Federal income tax.
Commissioners Minutes Continued. February 17, 2005
45
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. February 17, 2005
46
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 59.)
*MISCELLANEOUS RESOLUTION #05017
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT
2004 TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Administrative Fund is necessary for the County Treasurer to administer the Delinquent
Tax Revolving Fund.
NOW THEREFORE BE IT RESOLVED that the County Treasurer, pursuant to Section 87c, Sub-Section
(2), of Act 206, is designated as Agent for the County, and the Treasurer's office shall receive such sums
as are provided in Section 87c, Sub-section (3), to cover administrative expenses.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 59.)
*MISCELLANEOUS RESOLUTION #05018
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – COMMUNITY MENTAL HEALTH –
SHERIFF’S ADMINISTRATION, PROJECT 04-3, REQUEST FOR PARTIAL PROJECT FUNDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Fiscal Year 2005 Capital Improvement Program identifies the Community Mental Health
Renovation – Sheriff’s Administration Project; and
WHEREAS total project costs are estimated at $8,900,000 and are included in the Fiscal Year 2005
Capital Improvement Program with $6,400,000 allocated for construction and $2,500,000 for design,
furnishings and contingencies; and
WHEREAS the Board of Commissioners, by Miscellaneous Resolution #04332, authorized awards of
contract for the project for architectural/engineering services to Landmark Design Group PC in the
amount of $428,600 and for construction management services to G.W. Auch Company in the amount of
$524,973; and
WHEREAS prior to a request for full project funding, it is necessary to clarify and finalize the scope of
work of the project during the design process currently underway; and
Commissioners Minutes Continued. February 17, 2005
47
WHEREAS selective interior demolition of the existing ceilings and walls and of the outdated mechanical
and electrical equipment systems in the Community Mental Health Building is required to ascertain the
exact space available for renovation and will allow the architect/engineer to proceed with design of the
building interior; and
WHEREAS the estimated cost of the selective demolition work is $700,000, including contingency; and
WHEREAS funding for the selective interior demolition work is available for transfer from the Fiscal Year
2005 Capital Improvement Program/Building Improvement Fund (#401) to the Project Work Order Fund
(#404) for the CMH Renovation – Sheriff’s Administration Project (C-037).
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes project funding in the
amount of $700,000 for selective interior demolition work in the Community Mental Health Building for the
CMH Renovation – Sheriff’s Administration Project.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $700,000 from the Capital Improvement Program/Building Fund (#401) to the Project Work
Order Fund (#404) for the CMH Renovation – Sheriff’s Administration Project.
BE IT FURTHER RESOLVED that the Fiscal Year 2005 Budget is amended as follows:
BUILDING IMPROVEMENT FUND #401
3-14-310006-98404-8001 Operating Transfer Out ($700,000)
PROJECT WORK ORDER FUND #404
3-14-310007-98401-1701 Operating Transfer In 700,000
(project/project detail 080373/99)
$ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
REPORT (MISC. #05018)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – COMMUNITY MENTAL HEALTH –
SHERIFF'S ADMINISTRATION, PROJECT 04-3, REQUEST FOR PARTIAL PROJECT FUNDING
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the administration report regarding Request for
Partial Project Funding for the above referenced project on February 8, 2005, reports with the
recommendation that project funding in the amount of $700,000 be approved for selective interior
demolition work.
Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 59.)
*MISCELLANEOUS RESOLUTION #05019
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - LEASED VEHICLES - FLEET EXPANSION OF
TWO (2) VEHICLES FOR FACILITIES MAINTENANCE AND OPERATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted a leased vehicle policy through
Miscellaneous Resolution #93230 which was amended by Miscellaneous Resolution #94357 and requires
additional vehicles to be approved by the Board of Commissioners; and
WHEREAS the Facilities Maintenance and Operations Division has requested the addition of two leased
vehicles, three-fourths ton vans; and
WHEREAS the vehicles will be assigned to the Maintenance Unit for maintenance operations; and
WHEREAS $30,200 is required to purchase the vehicles, and funding is available in Facilities
Maintenance and Operations Fund Equity to cover the capital acquisition; and
Commissioners Minutes Continued. February 17, 2005
48
WHEREAS as required by policy, the County Executive's Department of Central Services has reviewed
the request and determined it is justified within the policy.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
expansion of the fleet by two (2) vehicles to be assigned to Facilities Maintenance and Operations.
BE IT FURTHER RESOLVED that in the event Facilities Maintenance and Operations reduces its fleet
anytime in the future, the remaining capital from this reduction will be returned to Facilities Maintenance
and Operations Fund Equity.
FY 2005 FY 2006
FM&O FUND
Expense
631-14-270000-30000-8005 Change in Fund Equity ($30,200)
631-14-372000-98661-8001 Oper. Trans.-Out 30,200
$ -0-
MOTOR POOL FUND
Revenue
661-13-661001-10-0635 Leased Equipment $ 4,680 $ 9,360
661-13-661003-98631-1701 Oper. Trans. In 30,200
$34,880 $ 9,360
Expense
661-13-661002-10-3903 Depreciation $ 4,680 $ 9,360
661-13-661002-10-8005 Chg in Fund Equity 30,200
$34,880 $ 9,360
$ -0- $ -0-
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 59.)
*MISCELLANEOUS RESOLUTION #05006
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTION DIVISION – AGREEMENT TO UTILIZE
THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CHARTER
TOWNSHIP OF WEST BLOOMFIELD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised
Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as
provided by Public Act 116 of 1954, as amended; and
WHEREAS the Charter Township of West Bloomfield has agreed to and signed an agreement to utilize
the services of the Oakland County Board of Canvassers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the attached signed agreement from the Charter Township of West Bloomfield to utilize the
services of the Oakland County Board of Canvassers.
BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of
Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of
Michigan.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of letter from West Bloomfield Township in Support of Agreement to Utilize the Services of the
Oakland County Board of Canvassers, Resolution in Support of Agreement to Utilize the Services of the
Oakland County Board of Canvassers, Agreement to Utilize the Services of the Oakland County Board of
Canvassers on file in County Clerk’s office.
Commissioners Minutes Continued. February 17, 2005
49
FISCAL NOTE (MISC. #05006)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTION DIVISION – AGREEMENT TO UTILIZE
THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CHARTER
TOWNSHIP OF WEST BLOOMFIELD
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 establishes an agreement between the Charter Township of West
Bloomfield and Oakland County to utilize the services of the Oakland County Board of
Canvassers.
2. The Charter Township of West Bloomfield will pay a Board of Canvasser’s Service Fee of
$25 per precinct, currently 31 precincts, to help defray the cost of election certification.
3. A budget amendment to the Fiscal Year 2005/2006 budget is recommended as follows:
GENERAL FUND
Revenue FY 2005 FY 2006
21-101-130100-31000-0316 Canvasser Service Fee $ -0- $ 775
$ -0- $ 775
Expenditures
21-101-230100-31000-2820 Fees/Per Diems $ -0- $ 775
$ -0- $ 775
FINANCE COMMITTEE
(The vote for this motion appears on page 59.)
*REPORT (MISC. #05013)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE PLAN TO END HOMELESSNESS IN
OAKLAND COUNTY AND PROVIDE AFFORDABLE HOUSING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #05013 on February 7,
2005, 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 #05013
BY: Commissioner Eric Wilson, District #3
IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR THE PLAN TO END HOMELESSNESS IN
OAKLAND COUNTY AND PROVIDE AFFORDABLE HOUSING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS homelessness is a problem even in affluent places such as Oakland County. During the last
20 years, the homeless population has changed from mostly indigent men to 65% women and children;
and
WHEREAS homeless women and children can be found in every city, village and township within
Oakland County. Homeless students are in every one of the 28 school districts in Oakland County; and
WHEREAS although many of the homeless men are veterans, the average homeless person in Oakland
County is a 9 year old boy. More than 3,000 children each year in Oakland County are forced to live in a
shelter, motel, vehicle or "doubled-up" with friends or relatives; and
WHEREAS many things contribute to homelessness including: low wages, transportation issues, child
care costs (or lack of adequate child care), medical costs, domestic violence, substance abuse, evictions
and mental illness; and
WHEREAS the median household income in Oakland County is $75,540, but 25% of the County
population falls below HUD's Section 8 low-income guidelines - making the possibility of homelessness
just one missed paycheck away; and
Commissioners Minutes Continued. February 17, 2005
50
WHEREAS the common misconception is that placing people in shelters is the least expensive way to
meet their basic needs. The cost of homelessness to our society is high. It costs $1,850 to shelter one
individual for one month at local shelters; and
WHEREAS people who are homeless spend more time in jail - often just for public loitering. At a cost of
$83 per day, or $2,490 per month, housing individuals in the Oakland County jail is very costly for
taxpayers - also contributing to jail overcrowding; and
WHEREAS in 2002, President George W. Bush introduced a ten year plan to end homelessness. In
2003, this undertaking was endorsed by both NACO and the US Conference of Mayors. While the plan is
not mandated by Congress or HUD, local communities are strongly encouraged to adopt such a plan; and
WHEREAS the Oakland County Task Force on Homelessness and Affordable Housing is an organization
consisting of representatives of emergency shelters, transitional housing, human service agencies,
municipal governments, private foundations and individuals with an interest in the issue of homelessness;
and
WHEREAS the Task Force is responsible for developing and maintaining the Continuum of Care strategy
that provides interim services to homeless individuals and families while they achieve self-sufficiency.
Supportive housing and services for those physically and mentally unable to be self-sufficient also comes
under the purview of the Continuum of Care strategy; and
WHEREAS the Oakland County Task Force on Homelessness and Affordable Housing has issued an "A
Call to Action" to all stakeholders to participate in a community-wide effort to develop and implement a
"Blue Print to End Homelessness"; and
WHEREAS Oakland County Executive L. Brooks Patterson has stated, "If Oakland County can offer a
well-spring of career and business opportunities for the vast majority of its citizens, then it has the ability
to confront and conquer the problem of homelessness in this county over the next decade."
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the efforts of the County Executive and the Oakland County Task Force on Homelessness and
Affordable Housing.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby joins in
partnership with the growing coalition to seek better methods to serve our homeless populations and
unite in developing a community-wide plan to pro-actively end the cycle of homelessness within our
borders.
Chairperson, we move the adoption of the foregoing resolution.
ERIC WILSON, CHARLES PALMER, WILLIAM
R. PATTERSON, CHUCK MOSS, SUE ANN
DOUGLAS, JEFF POTTER, TOM MIDDLETON,
JOHN A. SCOTT, HUGH D. CRAWFORD, BILL
BULLARD, MIKE ROGERS, DAVID COULTER,
MARCIA GERSHENSON, JIM NASH, VINCENT
GREGORY, GEORGE W. SUAREZ,
CHRISTINE A. LONG, MATTIE HATCHETT,
EILEEN KOWALL
(The vote for this motion appears on page 59.)
*MISCELLANEOUS RESOLUTION #05020
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: FIFTY-SECOND DISTRICT COURT – APPROVAL OF MAGISTRATE ELIZABETH
CHIAPPELLI
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners has provided for magistrates for the Fifty-
Second District Court; and
WHEREAS the Judges of the Fifty-Second District Court have appointed Elizabeth Chiappelli to serve as
a magistrate for the Fifty-Second District Court; and
WHEREAS MCL 600.8501(a) provides that magistrate appointments be approved by the County Board of
Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the appointment of Elizabeth Chiappelli to act as a magistrate for the Fifty-Second District
Court.
Commissioners Minutes Continued. February 17, 2005
51
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Elizabeth C. Chiappelli’s resume on file in County Clerk’s office.
(The vote for this motion appears on page 59.)
*REPORT
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE JOB EVALUATION REVIEW
PANEL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the recommendations by the Personnel
Committee, recommends the appointments to the Job Evaluation Review Panel, as follows:
JOB EVALUATION REVIEW PANEL – (terms ending 12/31/05)
Eric Coleman, County Commissioner
John A. Scott, County Commissioner
Jim Nash, Alternate
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
(The vote for this motion appears on page 59.)
*REPORT
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS - REMONUMENTATION GRANT ADMINISTRATOR
APPOINTMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee recommends that Ruth Johnson, Oakland County Clerk/Register of
Deeds, be appointed as Oakland County’s grant administrator, effective January 1, 2005, for the ongoing
Remonumentation Grant.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
(The vote for this motion appears on page 59.)
*MISCELLANEOUS RESOLUTION #05008
BY: Personnel Committee, Gregory Jamian, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2004 WAGE AND BENEFIT
REOPENER AND FISCAL YEAR 2005 EXTENSION OF THE LABOR AGREEMENT FOR
EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Oakland County Employees Union (OCEU), have been
negotiating a Wage and Benefit Reopener and one year contract extension covering approximately 379
employees; and
WHEREAS an agreement has been reached for the period of October 1, 2004, through
September 30, 2005 and said agreement has been reduced to writing; and
WHEREAS this agreement provides for a 2% increase for Fiscal Year 2004; and a 3% increase for Fiscal
Year 2005; and
WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends
approval of the agreement.
Commissioners Minutes Continued. February 17, 2005
52
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and the Oakland County Employees Union, covering the
period of October 1, 2004, through September 30, 2005, and that the Board Chairperson on behalf of the
County of Oakland, is authorized to execute said agreement as attached.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Memorandum of Agreement, Animal Control Appendix B 2003, Maintenance, Custodial and
Grounds Appendix C 2004, Medical Care Facility Employees Appendix D 2004, Sheriff’s Department
Clerical & Maintenance Employees Appendix E 2004, Parks and Recreation Department Maintenance
Employees Appendix F 2004, Drain Commissioner Appendix G 2004, Animal Control Appendix B 2005,
Maintenance, Custodial and Grounds Appendix C 2005, Medical Care Facility Employees Appendix D
2005, Sheriff’s Department Clerical & Maintenance Employees Appendix E 2005, Parks and Recreation
Department Maintenance Employees 2005, Drain Commissioner Appendix G 2005, and letter from Nancy
Scarlet Deputy Director of Human Resources on file in County Clerk’s office.
FISCAL NOTE (MISC. #05008)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2004 WAGE AND BENEFIT
REOPENER AND FISCAL YEAR 2005 EXTENSION OF THE LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The County of Oakland and the Oakland County Employees Union (OCEU), have
negotiated a Wage and Benefit Reopener for Fiscal Year 2004 and a one-year contract
extension for the period of October 1, 2004, through September 30, 2005, involving
approximately 379 employees.
2. For Fiscal Year 2004, the agreement includes a 2.0% salary increase, effective
September 23, 2003, and for Fiscal Year 2005, a 3.0% increase in salaries, effective
October 2, 2004.
3. The contract calls for employees in this bargaining unit to continue to pay the health care
contributions and prescription co-pays per Miscellaneous Resolution #03114.
4. The cost of the salary increase and resulting fringe benefit increase covering the period
of the contract is $275,113 for Fiscal Year 2004 and $420,923 for Fiscal Year 2005.
5. Funding for Fiscal Year 2004 increase was accrued to cover the retro payments and
sufficient funding for Fiscal Year 2005 is included in the Fiscal Year 2005 Budget.
FINANCE COMMITTEE
(The vote for this motion appears on page 59.)
*MISCELLANEOUS RESOLUTION #05009
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. 05-33-100-004)
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 pursuant to Miscellaneous Resolution No. 04088 dated 4/1/2004 the Oakland County Board
of Commissioners granted a License to Sprint Spectrum, LP for construction of a radio tower and support
facilities at Addison Oaks County Park; and
Commissioners Minutes Continued. February 17, 2005
53
WHEREAS electric power is required to construct and operate the proposed radio tower, therefore Sprint
Spectrum and the Detroit Edison Company have requested that the County grant a 12-ft. wide by 30-ft.
long easement for underground electric service from the existing power pole line located on the park
property to the Sprint tower site; 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 tower site; 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 in Gross, and Exhibit A on file in County Clerk’s
office.
FISCAL NOTE (MISC. #05009)
BY: Finance Committee, Chuck Moss, 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. 05-33-100-004)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Oakland County Board of Commissioners, by Miscellaneous Resolution #04088,
granted a license to Sprint Spectrum, LP for construction of a radio tower and support
facilities at Addison Oaks County Park.
2. Electrical power is required to construct and operate the proposed radio tower and Detroit
Edison has requested the County grant an easement to provide access to the radio
tower.
3. The resolution authorizes and approves the granting of an easement for underground
electric service and related appurtenances to the Detroit Edison Company for the sum of
one (1) dollar.
4. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 59.)
*MISCELLANEOUS RESOLUTION #05010
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: OAKLAND COUNTY DRAIN COMMISSIONER AND DEPARTMENT OF FACILITIES
MANAGEMENT - TRANSFER OF COUNTY OWNED PROPERTY TO THE CHARTER TOWNSHIP OF
LYON, TAX PARCELS NOS. 21-05-176-020, 21-21-100-037 AND 21-26-253-001; AND APPROVAL OF
CONTRACT FOR OPERATION AND MAINTENANCE OF THE CHARTER TOWNSHIP OF LYON
WATER SUPPLY SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of certain water well site parcels located within the
Charter Township of Lyon, Oakland County, described as:
KENSINGTON PARK APARTMENTS WELL SITE: Part of the Northwest 1/4 of Section 5, T1N,
R7E, Township of Lyon, Oakland County, Michigan, described as: Beginning at a point distant N
62˚07'35" E, 1852.95-ft. from the West 1/4 corner of said Section 5, said Point of Beginning also
Commissioners Minutes Continued. February 17, 2005
54
being distant N 00˚31'52" E, 862.09-ft., along the North and South 1/4 line, and N 86˚59'00" W,
1020.0-ft. from the center post of said Section 5; thence N 00˚31'52" E, 200.49-ft.; thence S
86˚59'00" E, 197.78-ft.; thence S 41˚59'00" E, 82.84-ft.; thence S 00˚31'52" W, 141.86-ft.; thence
N 86˚59'00" W, 253.81-ft. to the Point of Beginning. Containing approximately 1.13-ac. Subject to
a right of reversion as described in Liber 6264, Page 104, Oakland County Records. Tax parcel
No. 21-05-176-020.
CARRIAGE CLUB SUBDIVISION WELL SITE: A parcel of land being part of the Northwest 1/4 of
Section 21, T1N, R7E, Lyon Township, Oakland County, Michigan. Commencing at the West 1/4
corner of Section 21, T1N, R7E, Lyon Township, Oakland County, Michigan; thence S 89˚22'16"
E, 246.22-ft.; thence N 00˚31'20" E, 6.99-ft. to the Point of Beginning; thence S 89˚15'48" E,
236.11-ft.; thence N 29˚37'27" E, 225.13-ft.; thence 54.47-ft along an arc of a curve to the right
having a radius of 60.00-ft., central angle of 52˚00'54" chord bearing of N 00˚03'22" E, 52.62-ft.;
thence N 39˚30'28" W 235.93-ft.; thence S 74˚29'10" W 234.71-ft.; thence S 22˚29'34" W 196.64-
ft.; thence S 29˚39'58" E 210.44-ft. to the Point of Beginning. Containing 3.23-ac and subject
easements and restrictions of record if any. Tax Parcel No. 21-21-100-037.
TANGLEWOOD WELL SITE: Part of the Northeast 1/4 of Section 26, T1N, R7E, Township of
Lyon, Oakland County, Michigan, more particularly described as commencing at the North 1/4
corner of said Section 26; thence S 89˚26'25" W 126.62-ft., along the North line of said Section
26 and centerline of Ten Mile Rd. to the Easterly right of way of "Country Club Drive", as recorded
in Liber 13335, Pages 418 through 420 inclusive, Oakland County Records; thence the following
courses along the Easterly right of way of "Country Club Drive"; thence S 00˚33'35" E 140.19-ft.;
thence 403.17-ft along a curve to the left, said curve having a radius of 350.00-ft., a central angle
of 66˚00'00" and a chord bearing and distance of S 33˚33'35" E 381.25-ft. and S 23˚26'25" W
20.00-ft. and S 66˚33'35" E 297.14-ft. and 770.74-ft. along a curve to the right, said curve having
a radius of 480.00-ft., a central angle of 92˚00'00" and a chord bearing and distance of S
20˚33'35" E 690.57-ft. and S 25˚26'25" W 172.5-ft. and 53.07-ft along a curve to the left, said
curve having a radius of 420.00-ft., a central angle of S 7˚14'23" and a chord bearing and
distance of S 21˚49'14" W 53.03-ft., along the Easterly right of way of said "Country Club Drive" to
the Point of Beginning; thence S 71˚47'58" E 186.26-ft.; thence S 01˚48'10" E 159.91-ft.; thence S
68˚11'38" W 186.26-ft to the Easterly right of way of said "Country Club Drive"; thence 293.26-ft.
along a curve to the right, said curve having a radius of 420.00-ft., a central angle of 40˚00'24"
and a chord bearing and distance of N 01˚48'10" W 287.34-ft., along the Easterly right of way of
said "Country Club Drive" to the Point of Beginning. Containing 1.01-ac. and subject to
easements and restrictions of record if any. Tax Parcel No. 21-26-253-001.
WHEREAS the Charter Township of Lyon has requested that the subject well site parcels and all related
easements be conveyed to the township; and
WHEREAS the subject parcels and related easements were acquired beginning in 1974 by the former
Oakland County Department of Public Works and subsequently by the Oakland County Drain
Commissioner for the sum of one dollar for the purpose of operating and maintaining local water wells
and water supply systems in Lyon Township; and
WHEREAS the Drain Commissioner has been reimbursed all maintenance and operational expenses by
Lyon Township; and
WHEREAS the departments of the Oakland County Drain Commissioner and Facilities Management
having reviewed the request to convey the property to Lyon Township have no objections to the
conveyance; and
WHEREAS the Oakland County Drain Commissioner will continue to operate these facilities as a part of
its operation and maintenance of the Lyon Township Water Supply System in accordance with the terms
and conditions of an agreement entitled "Charter Township of Lyon Water Supply System Operation and
Maintenance Agreement"; and
WHEREAS all necessary documentation has been prepared and/or reviewed by Oakland County
Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that given the special and unique circumstances related to the
original acquisition and subsequent use of the subject property and in consideration of the health, safety
and welfare value that such conveyance will afford the citizens of Lyon Township, the Oakland County
Board of Commissioners hereby waive the Provisions of Board Rule XI, D, 7 (Appendix C) and approve
the conveyance of the above described parcels, inclusive of water wells, well houses, easements and
related appurtenances to the Charter Township of Lyon for the sum of one dollar.
Commissioners Minutes Continued. February 17, 2005
55
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the necessary property transfer documents.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes its
Chairperson or designee to execute an agreement entitled "Charter Township of Lyon Water Supply
System Operation and Maintenance Agreement" subject to the final approval of Oakland County
Corporation Counsel.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Quit Claim Deed, Lyon Township Water Map, Kensington Park Apt. Well Site, Carriage Club Well
Site, and Tanglewood Well Site on file in County Clerk’s office.
FISCAL NOTE (MISC. #05010)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: OAKLAND COUNTY DRAIN COMMISSIONER AND DEPARTMENT OF FACILITIES
MANAGEMENT – TRANSFER OF COUNTY OWNED PROPERTY TO THE CHARTER TOWNSHIP OF
LYON, TAX PARCELS NOS. 21-05-176-020, 21-21-100-037 AND 21-26-253-001; AND APPROVAL OF
CONTRACT FOR OPERATION AND MAINTENANCE OF THE CHARTER TOWNSHIP OF LYON
WATER SUPPLY SYSTEM
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. This resolution approves the conveyance of County-owned Tax Parcels Nos. 21-05-176-020,
21-21-100-037 and 21-26-253-001 to the Charter Township of Lyon for the sum of $1.00.
2. The parcels and related easements were originally acquired for the sum of $1.00 for the
purpose of operating and maintaining local water wells and water supply systems in Lyon
Township.
3. The conveyance of these three parcels, inclusive of water wells, well houses, easements and
related appurtenances to Lyon Township will relinquish Oakland County from any further
liabilities to the properties.
4. Oakland County Drain Commissioner has no objections to the conveyance of these
properties to Lyon Township.
5. Oakland County Corporation Counsel will approve an agreement entitled “Charter Township
of Lyon Water Supply System Operation and Maintenance Agreement” to allow Oakland
County Drain Commissioner to continue the operation and maintenance of these Water
Systems at Lyon Township’s expense.
6. The infrastructure asset and related accumulated depreciation will be removed from the
Water and Sewer Enterprise Fund. Eventhough the parcels and related easements were
acquired for the sum of $1.00, a value was assigned to the infrastructure asset to record the
asset and was offset by contributions revenue. There is no cash related loss as a result of
the property transfer. The following budget amendment is recommended:
WATER AND SEWER TRUST FUND (701)
61-227322-22800-1654 Loss on Sale of Equip $ 53,946.30
61-227323-22800-1654 Loss on Sale of Equip. $ 1,704,278.10
61-227322-22800-8005 Change in Fund Equity ($ 53,946.30)
61-227323-22800-8005 Change in Fund Equity ($1,704,278.10)
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 59.)
Commissioners Minutes Continued. February 17, 2005
56
*REPORT (MISC. #05021)
BY: Personnel Committee, Gregory C. Jamian, Chairperson
IN RE: SHERIFF'S OFFICE – CALENDAR YEAR 2005 AUTOMOBILE THEFT PREVENTION
AUTHORITY (ATPA) GRANT AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed the above referenced resolution on February 9, 2005 Reports
to the Board 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 # 05021
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – CALENDAR YEAR 2005 AUTOMOBILE THEFT PREVENTION
AUTHORITY (ATPA) GRANT AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Automobile Theft Prevention Authority (ATPA) awarded the Auto Theft Unit of the Sheriff’s
Office funding in the amount of $394,394 for the period of January 1, 2005 through December 31, 2005;
and
WHEREAS the Board of Commissioners adopted resolution #04049 accepting the grant from ATPA; and
WHEREAS the Waterford and Pontiac Police Departments were included in the grant awarded to
Oakland County, while the Madison Heights and Hazel Park Police Departments requested their own
funding; and
WHEREAS the Madison Heights Police Department has withdrawn from the ATPA Grant program; and
WHEREAS the Oakland County Sheriff proposes to replace the Madison Heights Police Detective with an
Oakland County Sheriff Sergeant; and
WHEREAS the ATPA has approved the Sheriff’s proposal and awarded an additional $67,595 to the Auto
Theft Unit of the Sheriff’s Office; and
WHEREAS a county match in the amount of 25% ($22,532) is required and is available in the Auto Theft
Prevention general ledger account (#2203-60055); and
WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and
WHEREAS the continuation of the program is contingent upon future levels of grant funding.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
amendment to the CY 2005 Automobile Theft Prevention Authority Grant award in the amount of $90,127
($484,521 total) and that the Board Chairperson, on behalf of the County of Oakland, is authorized to
execute the grant amendment.
BE IT FURTHER RESOLVED that one (1) unmarked vehicle (with mobile & prep) be added to the County
fleet.
BE IT FURTHER RESOLVED that one (1) SR Sergeant position be created in the Technical
Services/Special Teams unit effective March 04, 2005.
BE IT FURTHER RESOLVED that the Sergeant position be created with a sunset date of December 31,
2005, subject to continuation if grant funding is available for this position.
BE IT FURTHER RESOLVED that the future level of service, including personnel, is contingent upon
continued grant funding for this program.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Revised Contract Review – Sheriff’s Department, letters from Valdis A. Vitols, Executive Director
Automobile Theft Prevention Authority, Oakland County Sheriff Department Auto Theft Squad Combined
Budget Detail 2005 program on file in County Clerk’s office.
FISCAL NOTE (MISC. #05021)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: SHERIFF’S OFFICE – CALENDAR YEAR 2005 AUTOMOBILE THEFT PREVENTION
AUTHORITY (ATPA) GRANT AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. February 17, 2005
57
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Automobile Theft Prevention Authority (ATPA) has approved the Sheriff’s proposal and
awarded an additional $67,595 in funding to the Auto Theft Unit of the Sheriff’s Office.
2. A county match of $22,532 (25%) is required and available in the Auto Theft Prevention
general ledger account (#2203-60055).
3. This amendment would create one (1) SR Sergeant position in the Technical
Services/Special Teams Unit effective March 4, 2005.
4. The amendment adds one (1) unmarked vehicle (with mobile and prep radio) to the county
fleet at a cost of $23,077. Funding will come from contingency.
5. A budget amendment in the Special Revenue Funds to reflect acceptance of the grant
amendment is recommended as follows:
CY 2005
GENERAL FUND
Revenue
43-101-013901-44200-1568 Enhancement Funds $ 22,531
$ 22,531
90-101-290000-25000-2872 Grant Match ($ 98,599)
43-101-013901-44200-1568 Enhancement Funds ($ 22,531)
43-101-023901-44200-3128 Grant Match $121,130
$ -0-
Revenue
43-272-120105-44200-0167 Grant Match $121,130
43-272-120105-44200-0171 Grants-State $363,391
$484,521
Expenditures
43-272-220105-44200-2001 Salary $288,919
43-272-220105-44200-2002 Overtime $ 16,685
43-272-220105-44200-2074 Fringe Benefits $139,421
43-272-220105-44200-6675 Telephone $ 8,416
43-272-220105-44200-6661 Transportation $ 29,330
43-272-220105-44200-4044 Deputy Supplies $ 1,400
43-272-220105-44200-3784 Uniform Cost $ 350
$484,521
Capital Costs
43-101-033601-98661-8001 Motor Pool Trans $ 17,390
43-101-033601-98660-8001 Radio Transfer $ 5,687
90-101-290000-25000-2564 Contingency ($ 23,077)
$ -0-
MOTOR POOL FUND
Revenue
13-661-661001-00010-0635 Leased Equipment $ 29,330
Operating Transfer
13-661-661003-98101-1701 Operating Trans. $ 17,390
$ 46,720
Expenditures
13-661-661002-00010-3900 Depreciation $ 29,330
13-661-661002-00010-8005 Change in Fund Equity $ 17,390
$ 46,720
RADIO COMMUNICATIONS FUND
Revenue
23-660-660711-60005-0635 Leased Equipment $ 1,099
Operating Transfer
23-660-660713-98101-1701 Transfer In $ 5,687
$ 6,786
Commissioners Minutes Continued. February 17, 2005
58
Expenditures
23-660-660712-60005-4101 Expendable Equip. $ 5,687
23-600-660712-60005-8005 Est. Profit/Loss $ 1,099
$ 6,786
FINANCE COMMITTEE
(The vote for this motion appears on page 59.)
*MISCELLANEOUS RESOLUTION #05022
By: Public Services Committee, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - HAZARD
MITIGATION PLAN ADOPTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County, Michigan, is subject to flooding, tornadoes, winter storms, and other natural,
technological, and human hazards; and
WHEREAS the Robert T. Stafford Disaster Relief and Emergency Assistance Hazard Mitigation Grant
Program administered by the Federal Emergency Management Agency provides grants to implement
long-term hazard mitigation measures before and after a disaster; and
WHEREAS to remain eligible to receive mitigation monies, Oakland County prepared a Hazard Mitigation
Plan (the "PLAN") for the County and all communities in the County; and
WHEREAS the Plan is a tool for reducing the risks from natural and manmade hazards and for providing
a guide to commit resources that will reduce the effects of the hazards; and
WHEREAS the Oakland County Emergency Response and Preparedness Office and Local Emergency
Planning Committee (LEPC), comprised of representatives from the County, cities, townships, villages,
and stakeholder organizations, has prepared a Hazard Mitigation Plan and reviewed along with
community residents, business owners, local agencies the options to protect people and reduce damage
from hazards; and
WHEREAS the Plan is an official document of the County and the communities therein; and
WHEREAS the LEPC has been established as the County Hazard Mitigation Coordinating Committee,
pursuant to the Disaster Mitigation Act of 2000 (PL-106-390) and associated regulations (44CFR 210.6).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the
Hazard Mitigation Plan as an Official Plan of Oakland County.
BE IT FURTHER RESOLVED that the LEPC is established as the permanent community hazard
mitigation planning advisory group.
BE IT FURTHER RESOLVED that the Emergency Response and Preparedness Administrator is charged
with supervising the implementation of the Plan's recommendations within the funding limitations as
provided by Oakland County and other sources.
BE IT FURTHER RESOLVED that the Administrator shall give priority attention to the following action
items recommended by the 2005 Plan:
1. Install additional tornado sirens in the communities
2. Implement additional HazMat training
3. Encourage tree trimming and maintenance to prevent limb breakage and safeguard utilities
4. Provide additional human resources to meet the needs of public service departments
5. Encourage communities to acquire generators for backup power at critical facilities
6. Ensure readiness at critical facilities by cities, villages, and townships to conduct vulnerability
assessments for equipment, fuel, and backup power
7. Implement rapid damage assessment
8. Improve agency coordination and mutual aid response in planning, response and activities
BE IT FURTHER RESOLVED that the Administrator shall convene the hazard mitigation planning
advisory group annually to review the plan, conduct a hazard analysis, review action item progress, and
provide recommendation for new projects.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Emergency Response and Preparedness Executive Summary Hazard Mitigation
Plan on file in County Clerk’s office.
Commissioners Minutes Continued. February 17, 2005
59
Vote on Resolutions on the Consent Agenda:
AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Melton,
Middleton, Molnar, Moss, Nash, Patterson, Rogers, Scott, Suarez, Wilson, Woodward,
Bullard. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted and appointments being confirmed).
MISCELLANEOUS RESOLUTION #05023
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: BOARD OF COMMISSIONERS - APPROVAL TO WAIVE INTEREST AND FEES FOR
CERTAIN QUALIFYING TAXPAYERS THROUGH APRIL 30, 2005
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS many Oakland County taxpayers rely on their refund checks for the Homestead Property Tax
Credit they receive from the State of Michigan as a part of their Michigan Income Tax refund to pay their
current year property taxes; and
WHEREAS pursuant to Section 211.44(3) of the Michigan Compiled Laws, which reads in part
“A late penalty charge may be waived by the governing body of a city or township for the
homestead property of a senior citizen, paraplegic, quadriplegic, eligible servicemen, eligible
veteran, eligible widow, totally and permanently disabled person, or blind person, as those person
defined in Chapter 9 of Act No. 281 of Public Acts of 1967, as amended, being Sections 206.501
to 206.532 of the Michigan Compiled Laws, if the person makes a claim before February 15 for a
credit for that property provided by Chapter 9 of Act No. 281 of the Public Acts of 1967, as
amended, presents a copy of the form filed for that credit to the local treasurer and if the person
has not received the credit before February 15; an d
WHEREAS Section 211.59(3) allows the County Board of Commissioners to also waive interest and fees
for these same taxpayers through April 30; and
WHEREAS for the first time last year (2004) some of these qualified taxpayers did not receive their
Homestead Property Tax Credit checks in time to make their property tax payments at their city or
township; and
WHEREAS this year it is highly likely that even more of these qualified taxpayers will not receive their
Homestead Property Tax refunds from the State of Michigan in time to pay their taxes without late
charges to the Oakland County Treasurer; and
WHEREAS the waiver of County interest and fees through April 30, 2005 will have no measurable impact
on General Fund revenues; and
WHEREAS the County Executive supports this recommendation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, in accordance
with Section 211.59(3) of the Michigan Compiled Laws, authorize the Oakland County Treasurer to waive
all County interest and fees through April 30, 2005 for those taxpayers who have qualified at their city or
township for a local exemption under Section 211.44(3).
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Governor and each of the
County’s State Representatives and State Senators urging them to see that the Michigan Department of
Treasury take steps necessary to see that taxpayers who have filed for their Homestead Property Tax
Credit in a timely manner get their refunds in time to pay their property taxes at their city or township.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Moved by Moss supported by Woodward the resolution be adopted.
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Melton, Middleton,
Molnar, Moss, Nash, Patterson, Rogers, Scott, Suarez, Wilson, Woodward, Bullard, Coulter. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
Commissioners Minutes Continued. February 17, 2005
60
MISCELLANEOUS RESOLUTION #05024
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS - WATERFORD TOWNSHIP DISTRICT COURT STUDY
GROUP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS representatives of Waterford Township approached members of the Board of Commissioners
and County administration concerning the possibility of transferring the Waterford District Court to
Oakland County; and
WHEREAS should all parties in interest agree, the transfer would require approvals from the Waterford
Township Board, the Oakland County Board of Commissioners and the State Legislature and Governor;
and
WHEREAS financial and programmatic analyses should be performed before a transfer of operations
could be recommended to the Township Board, Board of Commissioners and State Legislature.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
creation of the Waterford Township District Court Study Group to explore the financial and programmatic
implications of transferring the Township's District Court to Oakland County and dedicate no more than 20
County staff hours to perform the work.
BE IT FURTHER RESOLVED that the Study Group be comprised of representatives of the Township
administration and District Court (to be appointed by the Township), the Board of Commissioners (to be
appointed by the Chairperson of the Board of Commissioners), and County administration (to be
appointed by the County Executive).
BE IT FURTHER RESOLVED that the Study Group will present a report on this matter due back to the
General Government Committee no later than 30 days after the passage of this resolution.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Moved by Patterson supported by Hatchett the resolution be adopted.
Discussion followed.
Moved by Scott supported by Kowall the resolution be amended to read as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the creation of the Waterford Township District Court Study Group to explore the
financial and programmatic implications of transferring the Township's District Court to Oakland
County. and dedicate no more than 20 County staff hours to perform the work.
BE IT FURTHER RESOLVED that the Study Group be comprised of one representatives of the
Township administration and District Court (to be appointed by the Township), the Board of
Commissioners (to be appointed by the Chairperson of the Board of Commissioners), and two
representatives from the County administration (to be appointed by the County Executive).
Vote on amendment:
AYES: Hatchett, Jamian, Kowall, Middleton, Molnar, Moss, Patterson, Rogers, Scott, Suarez,
Wilson, Bullard, Crawford. (13)
NAYS: Douglas, Gershenson, Gregory, Melton, Nash, Woodward, Coulter. (7)
A sufficient majority having voted therefore, the amendment carried.
Discussion followed.
Moved by Patterson supported by Hatchett the resolution, as amended, be adopted.
Vote on resolution, as amended:
AYES: Gregory, Hatchett, Jamian, Kowall, Melton, Middleton, Molnar, Moss, Nash, Patterson,
Rogers, Scott, Suarez, Wilson, Bullard, Coulter, Crawford. (17)
NAYS: Gershenson, Woodward, Douglas. (3)
Commissioners Minutes Continued. February 17, 2005
61
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
REPORT
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – COUNTY EXECUTIVE APPOINTMENT – DIRECTOR OF
COMMUNITY AND ECONOMIC DEVELOPMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the appointment by the County Executive of
Hayes Jones as Director of Community and Economic Development, recommends concurrence of this
appointment, pursuant to Public Act 139 of 1973.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of letter appointing Hayes Jones to the position of Director of Community and Economic
Development and Biography of Hayes Jones on file in County Clerk’s office.
Moved by Patterson supported by Rogers the General Government Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Rogers the appointment of Hayes Jones as Director of Community and
Economic Development be confirmed.
Discussion followed.
Vote on appointment:
AYES: Gregory, Hatchett, Jamian, Kowall, Melton, Middleton, Molnar, Moss, Nash, Patterson,
Rogers, Scott, Suarez, Wilson, Woodward, Bullard, Coulter, Douglas, Gershenson,. (19)
NAYS: None. (0)
A sufficient majority having voted therefore, the appointment was confirmed.
MISCELLANEOUS RESOLUTION #05025
BY: General Government Committee, William Patterson, Chairperson
IN RE: HUMAN SERVICES DEPARTMENT – TITLE CHANGE OF THE DEPARTMENT AND ONE
COUNTY EXECUTIVE APPOINTEE CLASSIFICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Executive Order #2004-38 signed by Governor Jennifer M. Granholm on December 9, 2004,
in accordance with Section 1 of Article V of the Michigan Constitution of 1963, will rename the Family
Independence Agency to the Department of Human Services; and
WHEREAS Executive Order #2004-38 will take effect on March 15, 2005; and
WHEREAS the Director of Human Services of Oakland County, in agreement with the County Executive,
has proposed a title change to avoid public confusion associated with the similar titles of the Oakland
County Human Services Department and the State of Michigan Department of Human Services; and
WHEREAS these proposed changes involve retitling the Department of Human Services to the
Department of Health and Human Services; and
WHEREAS the title of the Director of Human Services is also proposed to be changed to be consistent
with the proposed department title; and
WHEREAS the proposed changes are in title only and do not affect the salary level of the classification.
Commissioners Minutes Continued. February 17, 2005
62
NOW THEREFORE BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
approves the following department and classification title change:
FROM TO
Department of Human Services Department of Health and Human Services
Director – Human Services Director – Health and Human Services
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 Personnel Committee. There were no objections.
MISCELLANEOUS RESOLUTION #05026
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – REORGANIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS recent turnover has prompted a review of the existing Information Technology Department
organization structure; and
WHEREAS it has been determined that a reorganization is needed to align the workload and skillsets of
current staff with existing and future customer needs; and
WHEREAS the proposed reorganization does not add additional positions to the Department but rather
realigns existing resources; and
WHEREAS the position of Program Manager created by Miscellaneous Resolution #01087 is requested
to be part of this realignment effort; and
WHEREAS the Program Manager position has previously focused on initiatives relating to the Judicial
Information Management System and is requested to be reassigned to the department's expanded 24/7
Help Desk effort and to oversee the functions and personnel of the Help Desk and Training unit of the
Administration Division; and
WHEREAS the proposed reorganization results in an overall net savings to the County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
reorganization of the Information Technology Department as shown below and on the attached
organization charts:
1.) To retitle divisions as follows:
From To
System Development & Support (18201) Application Services
Digital Information Service Center eGovernment Services
DISC (18701)
2.) To retitle the following classifications (no change in salary):
From To
Manager-Systems Development & Support Manager-Application Services
Manager-DISC Manager-eGovernment Services
3.) To change the following unit title in the eGovernment Services Division:
From To
eGovernment (18705) eGovernment Program Services
4.) To downwardly reclassify the following positions:
Position Maximum Maximum
Number From Salary To Salary
18701-01733 Supervisor II-IT $92,355 Supervisor I-IT $87,519
18701-04694 Chief-Land Mgt. $97,444 Project Manager $82,948
Commissioners Minutes Continued. February 17, 2005
63
5.) To transfer the following positions:
From 18201 Application Services To 18705 eGovernment Program Services
06367 Applications Analyst /Prog II
From 18701 eGovernment Services To 18201 Application Services
07985 GIS Enterprise Data Tech II Land Mgt/Data Services
00981 GIS Enterprise Data Tech I Land Mgt/Data Services
09428 User Support Specialist II Land Mgt/Data Services
Land Mgt/Data Services 07986 GIS Data Srvcs Supervisor
03612 Applications Analyst/Prog III Land Mgt/Application Services
Land Mgt/Application Services
Land Mgt/Application Services
Land Mgt/Application Services
Land Mgt/Application Services
Land Mgt/Application Services
Land Mgt/Application Services
Land Mgt/Implementation Services
Land Mgt/Implementation Services
Land Mgt/Implementation Services
Land Mgt/Implementation Services
01341 Applications Analyst/Prog II
01596 Applications Analyst/Prog II
05268 Applications Analyst/Prog II
08085 Applications Analyst/Prog II
07835 Network System Specialist
09753 Supervisor I – IT
00273 User Support Specialist III
04695 User Support Specialist III
00204 User Support Specialist II
05418 User Support Specialist II
09754 User Support Specialist II Land Mgt/Implementation Services
Land Mgt/Implementation Services 09752 Project Manager
01733 Supervisor I – IT Land Mgt/Implementation Services
Land Mgt/Implementation Services 04694 Project Manager
BE IT FURTHER RESOLVED that the Program Manager position be reassigned to the department's
expanded 24/7 Help Desk effort and oversee the functions and personnel of the Help Desk and Training
unit of the Administration Division.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Information Technology Departmental current/proposed Fiscal Year 2005 and Fiscal Year 2006
flow chart on file in County Clerk’s office.
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #05027
BY: General Government Committee, William Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2005 DEVELOPMENT
APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all data processing development cost is incorporated as a single appropriation within the non-
departmental budget and then an amount equal to the actual expense is transferred to the user
department with a summary report to the Finance Committee; and
WHEREAS the Department of Information Technology has determined the First Quarter 2005 data
processing development charges to be $982,821.55 and the imaging development charge to be
$50,489.87 for the General Fund/General Purpose County departments; and
WHEREAS direct charges to Special Revenue and Proprietary fund departments are $538,962.61 and
non-county agencies are $0 for the First Quarter 2005; and
WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to
fund these development charges; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed
the First Quarter 2005 Data Processing Development Report and approves the First Quarter
appropriation transfer as specified on the attached schedule.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. February 17, 2005
64
Copy of Information Technology Data Processing Development Summary First Quarter 2005 and
Information Technology Reserve Fund Development/Support Detail – First Quarter 2005 on file in County
Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #05003)
BY: Personnel Committee, Gregory C. Jamian, Chairperson
IN RE: BOARD OF COMMISSIONERS – DIVERSITY TRAINING FOR OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #05003 on February 9, 2005,
Reports to the Board with the recommendation the resolution be amended as follows and adopted:
MISCELLANEOUS RESOLUTION #05003
BY: Commissioner Mattie M. Hatchett, District #10
IN RE: BOARD OF COMMISSIONERS - DIVERSITY AWARENESS TRAINING FOR OAKLAND
COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS recognizing that cross-cultural teamwork and collaboration are essential for
organizational success, Oakland County established a Diversity Training Program in 1998 that is
designed to assist participants with strategies for working together with mutual respect in today's
workplace; and
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution
#01234 to establish mandatory cultural diversity training for all managers, chiefs, and supervisors
within Oakland County; and
WHEREAS the Oakland County Human Resource Department reports that since inception,
approximately 1,240 of the 4,500 employees have attended the Cultural Diversity Training
Program; and
WHEREAS it is further reported that 81% of current supervisors have attended the Cultural
Diversity training; and
WHEREAS the Oakland County Board of Commissioners annually re-affirms its commitment to
mandatory "the concept of cultural diversity training for Oakland County employees and
requires all supervisory, division manager and director level employees to attend cultural
diversity training" in the General Appropriations Act; and
WHEREAS recognizing that true leadership is practiced not so much in words as in attitude and
in actions, it is incumbent upon the members of the Oakland County Board of Commissioners to
demonstrate through example the commitment of Oakland County to achieving excellence
through diversity awareness and learning to value others; and
WHEREAS Board Chairman Bill Bullard, Jr., encourages his colleagues to reap the benefits of
cultural diversity awareness training and to clearly illustrate through the individual effort of each
Oakland County Commissioner, the importance of promoting an inclusive and productive work
environment based on respect.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
re-affirms the importance of cultural diversity awareness training and respectfully requests that
all employees, including elected and appointed officials, attend such training at their earliest
convenience.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners pledges to lead
by example and each Commissioner is respectfully requested to successfully complete the
cultural diversity awareness training session sponsored by Oakland County.
BE IT FURTHER RESOLVED that each year, prior to budget deliberations, the Oakland County
Human Resources Department is to provide an update to the Board of Commissioner's Personnel
Committee on the number and percentage of each department that have completed cultural
diversity training, broken out by occupational categories of supervisors, chiefs and managers
in each department that have completed Diversity Awareness Training (and the percentage
of supervisors, chiefs and managers they represent within each Department).
Commissioners Minutes Continued. February 17, 2005
65
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing
report.
PERSONNEL COMMITTEE
REPORT (MISC #05003)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – DIVERSITY TRAINING FOR OAKLAND COUNTY
To the Personnel Committee
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #05003 on
February 7, 2005, determined that this resolution should be referred directly to the Personnel Committee
for its formal recommendation and concurrence, as this resolution impacts personnel matters.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #05003
BY: Commissioner Mattie M. Hatchett, District #10
IN RE: BOARD OF COMMISSIONERS - DIVERSITY TRAINING FOR OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS recognizing that cross-cultural teamwork and collaboration are essential for organizational
success, Oakland County established a Diversity Training Program in 1998 that is designed to assist
participants with strategies for working together with mutual respect in today's workplace; and
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #01234 to
establish mandatory cultural diversity training for all managers, chiefs, and supervisors within Oakland
County; and
WHEREAS the Oakland County Human Resource Department reports that since inception, 1,240 of the
4,500 employees have attended the Cultural Diversity Training Program; and
WHEREAS it is further reported that 81% of current supervisors have attended the Cultural Diversity
training; and
WHEREAS the Oakland County Board of Commissioners annually re-affirms its commitment to
mandatory cultural diversity training by including this requirement for all supervisory, division manager
and director level employees in the General Appropriations Act; and
WHEREAS recognizing that true leadership is practiced not so much in words as in attitude and in
actions, it is incumbent upon the members of the Oakland County Board of Commissioners to
demonstrate through example the commitment of Oakland County to achieving excellence through
diversity awareness and learning to value others; and
WHEREAS Board Chairman Bill Bullard, Jr., encourages his colleagues to reap the benefits of cultural
diversity training and to clearly illustrate through the individual effort of each Oakland County
Commissioner, the importance of promoting an inclusive and productive work environment based on
respect.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby re-
affirms the importance of cultural diversity training and respectfully requests that all employee's, including
elected and appointed officials, attend such training at their earliest convenience.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners pledges to lead by
example and each Commissioner is requested to successfully complete the cultural diversity training
session sponsored by Oakland County.
BE IT FURTHER RESOLVED that each year, prior to budget deliberations, the Oakland County Human
Resources Department is to provide an update to the Board of Commissioner's Personnel Committee on
the number and percentage of each department that have completed cultural diversity training, broken out
by occupational categories.
Chairperson, we move the adoption of the foregoing resolution.
MATTIE HATCHETT, ERIC COLEMAN, JIM
NASH, DAVID WOODWARD, MARCIA
GERSHENSON, DAVID COULTER, GEORGE
SUAREZ
Commissioners Minutes Continued. February 17, 2005
66
Moved by Jamian supported by Suarez the resolution be adopted.
Moved by Jamian supported by Suarez the General Government Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Jamian supported by Suarez the Personnel Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Jamian supported by Suarez the resolution be amended to coincide with the recommendation
in the Personnel Committee Report.
A sufficient majority having voted therefore, the amendment carried.
Vote on resolution, as amended:
AYES: Hatchett, Jamian, Kowall, Melton, Middleton, Molnar, Moss, Nash, Patterson, Rogers,
Scott, Suarez, Wilson, Woodward, Bullard, Coulter, Crawford, Douglas, Gershenson,
Gregory. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #05028
BY: Personnel Committee, Gregory Jamian, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2005-2007 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY PROSECUTOR'S INVESTIGATORS
ASSOCIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Oakland County Prosecutor's Investigators Association, have
been negotiating a contract covering approximately 7 employees; and
WHEREAS a 3-Year agreement has been reached for the period October 1, 2004, through September
30, 2007, and said agreement has been reduced to writing; and
WHEREAS this agreement provides that the salary schedule will be changed from a flat rate to a 5 year
salary range for fiscal year 2005; and
WHEREAS this agreement provides that these employees will receive an additional 1% increase greater
than provided the general non-represented employees in fiscal year 2006 and fiscal year 2007; and
WHEREAS this agreement further provides that the employees represented by this bargaining unit will
receive any benefit modifications which may be effective for the general non-represented employees
during fiscal years 2005, 2006, 2007; and
WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends
approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and the Oakland County Prosecutor's Investigators
Association, covering the period of October 1, 2004, through September 30, 2007, and that the Board
Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Agreement between the County of Oakland and the Oakland County Prosecutor’s Investigator’s
Association February 9, 2005, and Appendix A, and B on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. February 17, 2005
67
MISCELLANEOUS RESOLUTION #05029
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT – TITLE CHANGE OF THE
DEPARTMENT AND TWO COUNTY EXECUTIVE APPOINTEE CLASSIFICATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Fiscal Year 2005 Budget transferred the function of Community and Minority Affairs to the
Department of Community and Economic Development; and
WHEREAS Miscellaneous Resolution #05007 deleted the recently vacated Community and Minority
Affairs Coordinator position; and
WHEREAS the Director and Deputy Director of Community and Economic Development will ensure that
the duties and responsibilities of the Community and Minority Affairs Coordinator function will continue to
be carried out; and
WHEREAS it has been proposed to change the title of the Department of Community and Economic
Development to reflect the community based initiatives of the department; and
WHEREAS these proposed changes involve retitling the Director of Community and Economic
Development classification and the Deputy Director of Community and Economic Development
classification; and
WHEREAS the proposed changes are in title only and do not affect the salary level of the classifications.
NOW THEREFORE BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
approves the following department and classification title changes:
From To
Department of Community and Department of Economic Development and
Economic Development Community Affairs
Director – Community and Director – Economic Development and
Economic Development Community Affairs
Deputy Director – Community Deputy Director – Economic Development and
and Economic Development Community Affairs
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Personnel Committee. There were no objections.
MISCELLANEOUS RESOLUTION #05030
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: DRAIN COMMISSIONER – FRANKLIN SUBWATERSHED DRAIN NOTE, 2005 – FULL FAITH
AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Franklin Subwatershed Drainage District (the “Drainage District”) pursuant to Section 434
of the Drain Code of 1956, as amended, may borrow money and issue a drain note or notes in
anticipation of the sale of property owned by the Drainage District; and
WHEREAS the Drainage Board for the Franklin Subwatershed (the “Drain”), by resolution adopted on
January 18, 2005, authorized and provided for the issuance by the Drainage District of its drain note
designated as Franklin Subwatershed Drain Note, 2005 (the “Note”) in the aggregate principal amount of
not to exceed $735,000 which will mature on March 1, 2008; and
WHEREAS the Note will be dated as of such date, will bear interest at such rate or rates not to exceed
4% per annum payable at maturity, will be in the aggregate principal amount, will mature in such year or
years and principal amount or amounts, and will be subject to redemption prior to maturity as shall be
determined by the Chairperson of the Drainage District at the time of award; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the “County”) for the payment of the principal of
and interest on the Note; and
WHEREAS it is in the best interest of the County that the Note be sold in order to purchase a piece of
property located within the Drainage District for the purpose of correcting drainage problems.
Commissioners Minutes Continued. February 17, 2005
68
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. Pursuant to the authorization provided in Section 276 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
Note and agrees that, in the event the Drainage District shall fail or neglect to account to
the County Treasurer of the County for the amount of any principal and/or interest
payment 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 a principal payment and interest, it shall be the duty of the
County Treasurer, for and on behalf of the County, to take all actions and proceedings and
pursue all remedies permitted or authorized by law for the reimbursement of such sums so
paid.
3. The County Executive, if necessary, is authorized to file with the Department of Treasury
of the State of Michigan on behalf of the County an Application for State Treasurer’s
Approval to Issue the Note with respect to the Note.
4. 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 Note.
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, Attachment A, and photos on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #05031
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENTS OF DRAIN COMMISSIONER AND FACILITIES MANAGEMENT - APPROVAL
AND ACCEPTANCE OF LEASE AGREEMENT WITH D'ANCO PROPERTIES, LLC FOR USE OF
INDUSTRIAL BUILDING AND STORAGE YARD AT 30750 8 MILE ROAD, FARMINGTON HILLS,
MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Drain Commissioner presently provides water main service and
maintenance operations to numerous communities in Oakland County from its existing facility located at 8
Mile and Lahser Roads in the City of Southfield; and
WHEREAS the present facility has proven inadequate as a service facility given the increased demand
for maintenance services in south Oakland County; and
WHEREAS at the present time no adequate County owned facility exists on or off the Oakland County
Service Center, which would accommodate the maintenance and material storage needs of the Drain
Commissioner; and
WHEREAS it is the recommendation of the Departments of the Drain Commissioner and Facilities
Management that the Oakland County Board of Commissioners accept and approve the terms and
conditions of the attached Lease Agreement; and
WHEREAS under the terms and conditions of the attached Lease Agreement, the Drain Commissioner
would occupy approximately 4,300-sf of the industrial building and the north 150-ft. of the storage yard
located at 30750 8 Mile Road in the City of Farmington Hills for a period of three years at a rental rate of
$3,800.00 per month or $45,600 per year; and
WHEREAS the Departments of the Drain Commissioner, Facilities Management 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 for use of part of the industrial building and storage yard at
30750 8 Mile Road, Farmington Hills, Michigan between the County of Oakland and D'ANCO Properties,
LLC.
Commissioners Minutes Continued. February 17, 2005
69
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and D'ANCO Properties, LLC, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #05032
BY: Public Services Committee, Jeff Potter, 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 (counsel & courtroom chairs) $ 8,300
Jury Room (tables, jury room chairs, file cabinets) 11,500
Hearing Room (tables) 8,000
Office – judges & judicial staff (task chairs, desks, 37,950
file cabinets, tables)
Office – court personnel (task chairs, modular 27,500
Furniture, file cabinets)
Equipment
Digital Recording System 10,000
Computer Equipment 6,000
TOTAL MEDIATION FUND REQUEST $109,250
WHEREAS the total Civil Mediation Fund transfer for the above-referenced items is $109,250.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
use of $109,250 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
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #05033
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PUBLIC SERVICES/VETERANS’ SERVICES DIVISION - CREATION OF ADDITIONAL STAFF
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Veterans’ Services main goal is to provide Oakland County veterans and their families
with research and assistance in obtaining the Federal, State and local benefits they are eligible for; and
WHEREAS Veterans’ Benefit Counselors are trained in helping veterans receive the maximum benefits
allowed and are proactive in providing advocacy to obtain those benefits; and
WHEREAS the Department of Veterans’ Affairs Regional Office reported that as of 2002 there were
91,054 veterans residing in Oakland County and that Oakland County veterans and their families
received a total of $34,179,000 in compensation and pension benefits; and
WHEREAS the Veterans’ Services Division is experiencing a backlog of claims due to loss of experienced
staff; and
WHEREAS the current war in Iraq has contributed to an increase of new veterans filing for benefits and
adding more claims to the counselor’s caseloads; and
WHEREAS Veterans’ Services is receiving additional referrals from the Veterans’ Community Based
Outpatient Clinic in Pontiac, as the facility has doubled its capacity since 2002; and
Commissioners Minutes Continued. February 17, 2005
70
WHEREAS continued changes in regulations from the office of Veterans Affairs have contributed to the
increase in caseloads; and
WHEREAS the new Great Lakes National Cemetery in Oakland County is proposed to open in May, 2005
and Veterans’ Services has been receiving numerous referrals pertaining to burial plot eligibility
requirements at the cemetery; and
WHEREAS the Veterans’ Services is requesting the creation of two (2) GF/GP Veterans’ Benefit
Counselor I positions to help decrease the backlog and process the increased Veterans’ Benefits
Counselor’s caseload.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
creation of two (2) GF/GP Veterans’ Benefit Counselor I positions.
Chairperson, on behalf of the Public Service 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.
MISCELLANEOUS RESOLUTION #05034
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PUBLIC SERVICES/ANIMAL CONTROL DIVISION – CONTINUATION OF TRIAL WORKING
SCHEDULE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Animal Control Division implemented a six-month trial working schedule per
Miscellaneous Resolution #04157, in order to provide better office coverage, clerical support, and more
efficient clinical services for the care and wellbeing of the animals effective July 22, 2004; and
WHEREAS the trial working schedule included the underfilling of one (1) FTE Office Assistant II position
(17801-09183) with three (3) part-time, non-eligible 1,000 hr/yr. General Clerical positions; and
WHEREAS the trial working schedule included the creation of one (1) part-time, non-eligible 1,000 hr/yr.
Veterinarian position; and
WHEREAS the Animal Control Division eliminated the Veterinarian Professional Service Contract to help
offset the costs associated with this trial working schedule; and
WHEREAS the new part-time, non-eligible Veterinarian position will be assigned to work five days a
week, four hours per day to perform duties, including spaying and neutering, regular veterinarian check-
ups, monitor kennels for airborne diseases, routine blood work, and euthanasia; and
WHEREAS the trial working schedule has been re-evaluated after six months as outlined in the original
resolution to make a determination whether to keep the FTE Office Assistant II position or create three (3)
PTNE 1,000 hr/yr. General Clerical positions; and
WHEREAS the Animal Control Division has determined that it wishes to continue the trial working
schedule for another six months.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
continuation for another six months of this trial working schedule.
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. There were no objections.
MISCELLANEOUS RESOLUTION #05035
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL
AGREEMENT WITH THE CITY OF STERLING HEIGHTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #00307 on
December 14, 2000 authorizing the Narcotics Enforcement Team (NET) to operate under the direction of
the Sheriff; and
WHEREAS as part of the policy and operational control on NET, the County and the local units have
agreed upon the attached Interlocal Agreement (Miscellaneous Resolution #01024); and
Commissioners Minutes Continued. February 17, 2005
71
WHEREAS the City of Sterling Heights is requesting to join the Oakland County Narcotics Enforcement
Team; and
WHEREAS the City of Sterling Heights has agreed to the attached Interlocal Agreement between the City
and the County; and
WHEREAS the Sheriff and the NET Advisory Board have agreed to allow the City of Sterling Heights to
participate in NET and have agreed to the attached Interlocal Agreement; and
WHEREAS Corporation Counsel has approved the attached agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreement with The City of Sterling Heights and authorizes the Chairperson of the
Board to sign the agreement.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Narcotic Enforcement Team Interlocal Agreement between Oakland County and
the City of Sterling Heights and Exhibit B on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
The rules were suspended per Board Rule 12A to forgo referral and immediate debate and action taken
on Miscellaneous Resolution #05036 – Help America Vote Act (HAVA) Grant Agreement.
MISCELLANEOUS RESOLUTION #05036
BY: Bill Bullard, Jr. - District No. 2
IN RE: HELP AMERICA VOTE ACT (HAVA) GRANT AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners wishes to apply to the Secretary of State for a
grant to purchase an optical scan voting system and related Election Management System (EMS)
software to comply with the Help America Vote Act (HAVA); and
WHEREAS the Oakland County Board of Commissioners has chosen to submit a grant application for
new optical scan voting system in 2005.
NOW THEREFORE BE IT RESOLVED that the Oakland County Clerk/Register of Deeds is authorized to
submit this grant application on behalf of Oakland County on this 17th day of February 2005.
I move adoption of the foregoing resolution.
BILL BULLARD, JR.
Copy of State of Michigan, Michigan Department of State and Oakland County Help America Vote Act
(HAVA) Grant Application on file in County Clerk’s office.
Moved by Middleton supported by Wilson the resolution be adopted.
AYES: Jamian, Kowall, Melton, Middleton, Molnar, Moss, Nash, Patterson, Rogers, Scott,
Suarez, Wilson, Woodward, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory,
Hatchett. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
MISCELLANEOUS RESOLUTION #05037
BY: Commissioner Sue Douglas, District #21
IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR SENATE BILL NO. 127 AMENDING THE
MICHIGAN TELECOMMUNICATIONS ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the purpose of Public Act 179 of 1991, the “Michigan Telecommunications Act” is to ensure
that every person has access to just and reasonable telecommunication service; and
Commissioners Minutes Continued. February 17, 2005
72
WHEREAS the Michigan Telecommunications Act restructured regulation to focus on price and quality of
service and not on the provider. The act also supplements existing state and federal law regarding
antitrust, consumer protection, and fair trade to provide additional safeguards for competition and
consumers; and
WHEREAS Senate Bill 127 amends the Michigan Telecommunications Act by adding that, "A provider of
cellular or mobile telecommunication service shall not provide, sell, or include the dialing number of a
customer for inclusion with any directory assistance without first obtaining the written consent of the
customer"; and
WHEREAS this measure would help protect the privacy of cellular and mobile service customers and
reduce costly unsolicited telephone calls.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports Senate Bill127 and the amendment to the Michigan Telecommunications Act to provide a much
needed safeguard for cellular and mobile service customers.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland
County Clerk to forward copies of this adopted resolution to Governor Granholm, the Senate Committee
on Technology and Energy, the Oakland County Delegation to the State Legislature, the Michigan
Association of Counties, and Oakland County's Legislative Lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
SUE ANN DOUGLAS, WILLIAM MOLNAR,
GREG JAMIAN, WILLIAM PATTERSON, ERIC
WILSON, BILL BULLARD, HUGH CRAWFORD,
GEORGE SUAREZ, EILEEN KOWALL, CHUCK
MOSS, MIKE ROGERS
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #05038
BY: Commissioner Sue Ann Douglas, District #12
IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR SENATE BILL 118 AMENDING THE STATE
CONVENTION FACILITY DEVELOPMENT ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Senate Bill 118 was introduced to amend Sections 3, 10 and 12 of Public Act 106 of 1985
(MCL 207.623 et seq.), entitled the State and Convention Facility Development Act; 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 there is also a 4% tax on all liquor sold for consumption in the state that is placed in the State
Convention Facility Development Fund to cover any portion of the Cobo Hall debt that is not covered by
the hotel tax; and
WHEREAS during the life of the liquor tax, Oakland County businesses have been required to collect
$55.1 million to help pay Cobo Hall debt; and
WHEREAS, since Fiscal Year 2000, the Hotel Tax proceeds have been sufficient to cover the entire
annual Cobo debt service. The liquor tax has thus become a windfall for the 80 counties outside of the
metropolitan area; and
WHEREAS the region, however, has no input into the bonding decisions of Cobo Hall facilities. As of
June 30, 2003, the outstanding Cobo Hall debt of $123 million was funded through 2011. The City of
Detroit refinanced the Cobo Hall bonds for an additional $36.9 million in debt, extending the debt maturity
schedule to 2015; and
WHEREAS provisions in Senate Bill 118 would require a local governmental unit that has pledged
revenue for the payment of bonds under this act shall not refund a bond or obligation under this act
unless it is for a lesser amount; and
Commissioners Minutes Continued. February 17, 2005
73
WHEREAS Senate Bill 118 also returns these tax revenues to the county in which they were raised by
providing that distributions from the Convention Facility Development Fund shall be distributed to each
qualified county in the same proportion of the amount collected from all qualified counties; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports Senate Bill 118 to amend Public Act 106 of 1985 (MCL 207.623 et seq.), entitled the State and
Convention Facility Development Act and the provision to prevent the refunding of Convention Facility
Bonds for more than the amount owed.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland
County Clerk to forward copies of this adopted resolution to Governor Granholm, the Senate Committee
on Finance, the Oakland County Delegation to the State Legislature, the Michigan Association of
Counties, and Oakland County's Legislative Lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
SUE ANN DOUGLAS, GREG JAMIAN,
WILLIAM MOLNAR, ERIC WILSON, WILLIAM
PATTERSON, EILEEN KOWALL, CHUCK
MOSS, THOMAS MIDDLETON, BILL
BULLARD, MICHAEL ROGERS, HUGH
CRAWFORD, GEORGE SUAREZ, JOHN
SCOTT
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #05039
BY: Commissioner Jim Nash, District #15
IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR HOUSE BILL 4158 TO ALLOW FOR EARLY
VOTING IN MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States was founded upon the principle of self-government in which the right to vote
is viewed as the most important and fundamental right of the people; and
WHEREAS one of the core democratic values of any democracy is the belief that the citizens will have a
greater satisfaction with the decisions being made by the process if they participate in the election
process; and
WHEREAS greater opportunities for voters to participate in the electoral process through either "early
voting" or "no reason" absentee voting are seen as reasonable methods to enhance voter participation;
and
WHEREAS it was reported in 2004, that 31 states already offer voters the chance to cast ballots in
person two weeks or more before Election Day, or the ability to get mail-in absentee ballots without
having to offer a reason; and
WHEREAS the number of people taking advantage of the early voting option in the 2004 Election was up
substantially. Preliminary figures compiled by the National Association of Secretaries of State show early
voting was especially popular in Florida, where more than 2 million people voted early, up from about
720,000 four years ago; and
WHEREAS House Bill 4158 proposes to amend Public Act 116 of 1954, to permit Early Voting beginning
14 days before each election and ending on the day before the election; and
WHEREAS House Bill 4158 proposes that every city, village and township provide an Early Voting polling
place as designated by their local clerk.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the concept of House Bill 4158 and urges the Michigan State Legislature to adopt legislation that
provides for early voting beginning 14 days before each election in Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Michigan
State Legislature to adopt legislation that permits "no reason" absentee voting in Michigan.
BE IT FURTHER RESOLVED that the Oakland County Clerk forward copies of this adopted resolution to
Governor Jennifer Granholm, the House Committee on House Oversight, Elections and Ethics, the
Oakland County delegation to the state legislature, Michigan Association of Counties and Oakland
County's legislative lobbyists.
Commissioners Minutes Continued. February 17, 2005
74
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, MICHAEL ROGERS, HUGH
CRAWFORD, MATTIE HATCHETT, WILLIAM
MOLNAR, TIM MELTON, GEORGE SUAREZ,
DAVID COULTER, MARCIA GERSHENSON,
DAVID WOODWARD, VINCENT GREGORY
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #05040
BY: Commissioners Hugh D. Crawford, District #9 and Tim Melton, District #11
IN RE: BOARD OF COMMISSIONERS - PUBLICATION OF OAKLAND COUNTY BOARD OF
COMMISSIONER APPOINTMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners is empowered under Public Act 139 of 1973 to
appoint members of a board, commission, or authority; and
WHEREAS the Oakland County Board of Commissioners are responsible for making appointments to
numerous boards, committees and commissions; and
WHEREAS the giving of one's time, talent and resources to serve on one civic boards and commissions
is a significant contribution and outstanding way for citizens to give back to the community; and
WHEREAS it is in the best interest of the residents of Oakland County that the Board of Commissioners
earnestly seek the most qualified individuals to serve on boards and commissions; and
WHEREAS in order to ensure that the widest audience is reached, while seeking qualified candidates for
open appointments, efforts need to be enhanced to maximize the publication of openings for Board of
Commissioner appointments.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
establishes a policy to advertise Board of Commissioner appointed positions which are open to the public.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby declares the
following mechanisms of communication be implemented to enhance a widely circulated announcement
of Board of Commissioner appointed positions:
All openings for Board of Commissioner appointments are to be posted on the Oakland County
website.
All openings for Board of Commissioner appointments are to be publicized in the form of a press
release to local newspapers of major circulation and local newspapers.
All Commissioners are to be provided information about upcoming appointed positions in a format
that can be shared within their district.
All openings for Board of Commissioner appointments are to be sent to the cities, villages and
townships within Oakland County in the form of a communication from the respective
Commissioner(s) that can be read at a local meeting of the municipality.
All openings for Board of Commissioner appointments are to be sent to local cable stations, including
community access and government access.
All communications relative to openings for Board of Commissioner appointments should include an
explanation of what the position entails, frequency of meetings, time and location of meetings,
specialized qualifications - if applicable, and any per diem.
Chairperson, we move the adoption of the foregoing resolution.
HUGH CRAWFORD, TIM MELTON, GREG
JAMIAN, MATTIE HATCHETT, ERIC WILSON,
VINCENT GREGORY, WILLIAM MOLNAR,
DAVID WOODWARD, WILLIAM PATTERSON,
MARCIA GERSHENSON, CHUCK MOSS,
DAVID COULTER, EILEEN KOWALL, BILL
BULLARD, JOHN SCOTT, GEORGE SUAREZ
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Commissioners Minutes Continued. February 17, 2005
75
Commissioner Tim Melton as a “point of personal privilege” introduced Mike Osinski of Oakland
University’s Master program.
The Board adjourned at 10:55 a.m. to the call of the Chair or March 10, 2005, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson