Loading...
HomeMy WebLinkAboutMinutes - 2005.10.06 - 8378468 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 6, 2005 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:45 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (23) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Jim Nash. Pledge of Allegiance to the Flag. Moved by Moss supported by Gregory the minutes of the September 22, 2005, Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Kowall supported by Coulter the rules be suspended and the agenda be amended, as follows: ITEM ON BOARD AGENDA PLANNING AND BUILDING COMMITTEE a. Building Authority – Authorization to Enter into an Agreement Involving the OakVideo Project. (Reason for Suspension of Planning and Building Committee, item a.: Waiver of Rule XII.B. Resolution considered by the General Government Committee prior to being Initiated by the Liaison Committee, Planning and Building.) Vote on agenda as amended: AYES: Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (25) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and amend the agenda carried. The agenda, as amended, was approved. Commissioners Minutes Continued. October 6, 2005 469 Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from William E. Bolle, Chief Judge of the 52nd District Court to acknowledge his participation as a member of the Oakland County Criminal Justice Coordinating Council. Judge Julie Nicholson, Judge of the 52nd District Court – 3rd Division will act as Judge William E. Bolle’s alternate. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Chief Theodore H. Quisenberry, President of the Oakland County Chiefs of Police Association indicating that Chief Rollie Gackstetter (Pontiac Police Department) will serve as the representative for their organization on the Oakland County Criminal Justice Coordinating Council. Jerry Narsh, Police Chief from Lake Orion will act as Rollie Gackstetter’s alternate. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Ken Aud, Area Manager Michigan Department of Corrections, Oakland County Circuit Court Probation to acknowledge his participation as a member of the Oakland County Criminal Justice Coordinating Council. Program Manager Jim Robertson will serve as Ken Aud’s designated alternate. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Judith K. Cunningham, Director of Corporation Councel to acknowledge her participation as a member of the Oakland County Criminal Justice Coordinating Council. Karen Agacinski will serve as Judith K. Cunningham’s alternate. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Wendy Potts, Chief Circuit Court Judge to acknowledge her participation as a member of the Oakland County Criminal Justice Coordinating Council. Kevin Oeffner, Circuit Court Administrator will serve as her alternate. Wendy Potts, Chief Judge of the Circuit Court thanked the Board of Commissioners for their interest in the issue of jail population management and the actions taken to date to deal with this ongoing concern. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from David G. Gorcyca, Oakland County Prosecutor to acknowledge his participation as a member of the Oakland County Criminal Justice Coordinating Council. Deb Carley, Chief Deputy Prosecutor will serve as David G. Gorcyca’s alternate. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Barbara M. Hankey, M.S.A., Manager of Community Corrections Division to acknowledge her participation as a member of the Oakland County Criminal Justice Coordinating Council. Bob Gatt will serve as Barbara M. Hankey’s alternate. Chairperson Bill Bullard, Jr., along with Commissioners Mattie Hatchett, Helaine Zack, Eric Coleman, and David Woodward presented a proclamation to Sam Yono, owner and operator of the Southfield Ramada Inn for all his help with the Hurricane Katrina Victims. The Commissioners thanked him for donating his hotel rooms, facility, and staff to the relief effort, and commended him for his extraordinary leadership and giving spirit. Sam Yono addressed the Board. Chairperson Bill Bullard, Jr., along with Commissioners William Patterson and Marcia Gershenson presented a proclamation acknowledging October as National Domestic Violence Awareness month, and October 13, 2005, Purple Ribbon Day. Copy of invitation to the 2005 Oakland County Domestic Violence Prevention Awards Ceremony October 19, 2005, from 12:00 p.m. to 1:00 p.m. in the Oakland County Commissioner’s Auditorium on file in County Clerk’s office. Commissioners Minutes Continued. October 6, 2005 470 The following people addressed the Board: Bob Blumenfeld, Nancy Rebar, Maria “Jo” Benaoides, Beverly Corpiel, Cristina Perxoto, Bill McMaster, Chairman of Taxpayers United Michigan Foundation, Richard B. Poling, Jr., Attorney for the Oakland County Commissioners from Poling, McGaw and Poling, P.C. Copy of correspondence from Richard B. Poling, Jr. to Bill McMaster in regards to his letter of September 29, 2005, regarding Open Meetings Act on file in County Clerk’s office. Christopher Cummins, Oakland County Historical Commission. Copy of the 3rd Annual Archaeology in Oakland County Agenda on file in County Clerk’s office. Mary MacMaster of Lake Orion. Copy of her notes on file in County Clerk’s office. Moved by Molnar supported by Suarez the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 481.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #05226 BY: Charles E. Palmer, District #19 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF CLAWSON – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Clawson has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Clawson is $4,300.94 from the West Nile Virus Fund as repayment to the City of Clawson for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Clawson as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $4,300.94 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Clawson for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHARLES PALMER Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, Request for West Nile Virus Fund Reimbursement, memo from Harry Drinkwine, City of Clawson resolution requesting reimbursement for West Nile Virus program, and Clarke Mosquito Control Invoice on file in County Clerk’s office. FISCAL NOTE (MISC. #05226) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF CLAWSON - FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $4,300.94 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of Clawson for this project; no additional appropriation is required. Commissioners Minutes Continued. October 6, 2005 471 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 481.) *MISCELLANEOUS RESOLUTION #05227 BY: John A. Scott, District #5 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF LAKE ANGELUS – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Lake Angelus has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Lake Angelus is $327.71 from the West Nile Virus Fund as repayment to the City of Lake Angelus for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Lake Angelus as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $327.71 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Lake Angelus for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. JOHN SCOTT Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, Request for West Nile Virus Fund Reimbursement, Attachment A – Project Description, Attachment B – Governing Body Resolution, and Attachment C – Expense Invoices on file in County Clerk’s office. FISCAL NOTE (MISC. #05227) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF LAKE ANGELUS - FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $327.21 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of Lake Angelus for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 481.) Commissioners Minutes Continued. October 6, 2005 472 *MISCELLANEOUS RESOLUTION #05228 BY: Christine Long, District #7 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF MILFORD – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Village of Milford has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Village of Milford is $2,317.10 from the West Nile Virus Fund as repayment to the Village of Milford for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Milford as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $2,317.10 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Village of Milford for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHRISTINE LONG Copy of letters from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, Becky Jacques, CMFA Treasurer/Finance Director of the Village of Milford, invoice from the Milford Times, minutes of the August 1, 2005 board minutes for the Village of Milford, West Nile Virus Reimbursement request, Village of Milford West Nile Virus Project Description, Village of Milford Resolution 05-018 Authorizing West Nile Virus Fund Expense Reimbursement Request, memo from Kelly J. Knight, Deputy Supervisor of Charter Township of Commerce with invoices for the West Nile Virus Project, and information articles on West Nile Virus in file in County Clerk’s office. FISCAL NOTE (MISC. #05228) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF MILFORD - FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $2,317.10 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the Village of Milford for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 481.) Commissioners Minutes Continued. October 6, 2005 473 *MISCELLANEOUS RESOLUTION #05229 BY: Tom Middleton, District #4, William R. Patterson #1 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF INDEPENDENCE – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Independence has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Charter Township of Independence is $15,232.31 from the West Nile Virus Fund as repayment to the Charter Township of Independence for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Independence as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $15,232.31 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of Independence for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. TOM MIDDLETON, WILLIAM PATTERSON Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, West Nile Virus Fund Reimbursement Request, the 2005 West Nile Virus Abatement Program Purpose and Scope, Resolution Authorizing West Nile Virus Fund Expense Reimbursement Request, Charter Township of Independence Purchase Requisition for West Nile Virus Flyers, Invoice from Spectrum Printing, Charter Township of Independence Purchase Requisition for Bulk Mail Postage, and the 2005 West Nile Virus Abatement Program Cost Table on file in County Clerk’s office. FISCAL NOTE (MISC. #05229) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF INDEPENDENCE - FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $15,232.31 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the Charter Township of Independence for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 481.) Commissioners Minutes Continued. October 6, 2005 474 *MISCELLANEOUS RESOLUTION #05230 BY: Marcia Gershenson, District #17 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF BEVERLY HILLS – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Village of Beverly Hills has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Village of Beverly Hills is $3,834.09 from the West Nile Virus Fund as repayment to the Village of Beverly Hills for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Beverly Hills as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $3,834.09 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Village of Beverly Hills for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. MARCIA GERSHENSON Copy of letter from George J. Miller, M.A., Manager/Health Manager of the Oakland County Health Division, request for West Nile Virus Fund Reimbursement, Attachment A – Project Description, Attachment B – Governing Body Resolution, and Attachment C – Expense Invoices on file in County Clerk’s office. FISCAL NOTE (MISC. #05230) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF BEVERLY HILLS - FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $3,834.09 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the Village of Beverly Hills for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 481.) Commissioners Minutes Continued. October 6, 2005 475 *MISCELLANEOUS RESOLUTION #05232 BY: Helaine Zack, District #22 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF HUNTINGTON WOODS – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Huntington Woods has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Huntington Woods is $2,132.50 from the West Nile Virus Fund as repayment to the City of Huntington Woods for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Huntington Woods as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $2,132.50 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Huntington Woods for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. HELAINE ZACK Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, Request for Reimbursement from the West Nile Virus Fund, Attachment A – Project Description, Attachment B – Governing Body Resolution, and Attachment C – Expense Invoice on file in County Clerk’s office. FISCAL NOTE (MISC. #05232) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF HUNTINGTON WOODS - FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $2,132.50 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of Huntington Woods for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 481.) Commissioners Minutes Continued. October 6, 2005 476 *MISCELLANEOUS RESOLUTION #05234 BY: Bill Bullard, Jr., District #2 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF HOLLY – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Township of Holly has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Township of Holly is $5,825.81 from the West Nile Virus Fund as repayment to the Township of Holly for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Holly as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $5,825.81 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Township of Holly for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. BILL BULLARD Copy of letter from George J. Miller, M.A. Manager Health Officer of the Oakland County Health Division, West Nile Fund Reimbursement Request, Attachment A – Project Description, Attachment B – Governing Body Resolution, and Attachment C – Expense Invoice on file in County Clerk’s office. FISCAL NOTE (MISC. #05234) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF HOLLY - FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funding of $5,825.81 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the Township of Holly for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 481.) *REPORT (MISC. #05235) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT 2005 GRANT PROGRAM ACCEPTANCE – AIRPORT CRACK SEALING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee having reviewed the above mentioned resolution on September 27, 2005 reports to the Board with the recommendation the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. October 6, 2005 477 MISCELLANEOUS RESOLUTION #05235 BY: General Government Committee, William R. Patterson, Chairperson IN RE: CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT 2005 GRANT PROGRAM ACCEPTANCE – AIRPORT CRACK SEALING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2005-0541 for State funds in the amount of $10,000, for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of airport crack sealing; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project, as offered and approved by the Michigan Department of Transportation, requires a local grant match of $10,000, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of Miscellaneous Resolution #95098, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $20,000. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review – Central Services/Aviation – International Airport on file in County Clerk’s office. FISCAL NOTE (MISC. #05235) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT - 2005 GRANT PROGRAM ACCEPTANCE - AIRPORT CRACK SEALING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2005-0541, for State funds in the amount of $10,000 and a required local grant match of $10,000 for the development and improvement of Oakland County International Airport. 2. The project consists of airport crack sealing. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost for the project is $20,000 with $10,000 of the cost from State funds and $10,000 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General Fund appropriation is required. Funding is available within the Airport fund. 8. No budget amendment is necessary. FINANCE COMMITTEE (The vote for this motion appears on page 481.) Commissioners Minutes Continued. October 6, 2005 478 *REPORT (MISC. #05236) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT 2005 GRANT PROGRAM ACCEPTANCE – AIRPORT CRACK SEALING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee having reviewed the above mentioned resolution on September 27, 2005 reports to the Board with the recommendation the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #05236 BY: General Government Committee – William R. Patterson, Chairperson IN RE: CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT 2005 GRANT PROGRAM ACCEPTANCE – AIRPORT CRACK SEALING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2005-0540 for State funds in the amount of $6,750, for the development and improvement of Oakland/Southwest Airport; and WHEREAS the project consists of airport crack sealing; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $6,750, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of Miscellaneous Resolution #95098, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $13,500. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review – Central Services/Aviation – Southwest Airport on file in County Clerk’s office. FISCAL NOTE (MISC. #05236) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND/SOUTHWEST AIRPORT - 2005 GRANT PROGRAM ACCEPTANCE - AIRPORT CRACK SEALING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2005-0540, for State funds in the amount of $6,750 and a required local grant match of $6,750 for the development and improvement of Oakland/Southwest Airport. 2. The project consists of airport crack sealing. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. Commissioners Minutes Continued. October 6, 2005 479 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost for the project is $13,500 with $6,750 of the cost from State funds and $6,750 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General Fund appropriation is required. Funding is available within the Airport fund. 8. No budget amendment is necessary. FINANCE COMMITTEE (The vote for this motion appears on page 481.) *REPORT (MISC. #05237) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: CENTRAL SERVICES – OAKLAND/TROY AIRPORT 2005 GRANT PROGRAM ACCEPTANCE – AIRPORT CRACK SEALING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee having reviewed the above mentioned resolution on September 27, 2005 reports to the Board with the recommendation the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #05237 BY: General Government Committee – William R. Patterson, Chairperson IN RE: CENTRAL SERVICES – OAKLAND/TROY AIRPORT 2005 GRANT PROGRAM ACCEPTANCE – AIRPORT CRACK SEALING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2005-0539 for State funds in the amount of $3,000, for the development and improvement of Oakland/Troy Airport; and WHEREAS the project consists of airport crack sealing; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $3,000, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of Miscellaneous Resolution #95098, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $6,000. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review – Central Services/Aviation – Troy Airport on file in County Clerk’s office. Commissioners Minutes Continued. October 6, 2005 480 FISCAL NOTE (MISC. #05237) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND/TROY AIRPORT - 2005 GRANT PROGRAM ACCEPTANCE - AIRPORT CRACK SEALING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2005-0539, for State funds in the amount of $3,000 and a required local grant match of $3,000 for the development and improvement of Oakland/Troy Airport. 2. The project consists of airport crack sealing. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost for the project is $6,000 with $3,000 of the cost from State funds and $3,000 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General Fund appropriation is required. Funding is available within the Airport fund. 8. No budget amendment is necessary. FINANCE COMMITTEE (The vote for this motion appears on page 481.) *MISCELLANEOUS RESOLUTION #05223 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PUBLIC SERVICES/MEDICAL EXAMINER - CONTINUATION OF AN INTERLOCAL AGREEMENT TO PROVIDE GENESEE COUNTY MEDICAL EXAMINER SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 2004 the County of Genesee requested that the County of Oakland provide the services of the Oakland County Medical Examiner; and WHEREAS Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., Oakland and Genesee County entered into a Joint Operating Agreement for the purposes of providing the services of the Oakland County Medical Examiner’s Office to Genesee County; and WHEREAS this agreement was approved by the Oakland County Board of Commissioners through passage of Miscellaneous Resolution #04254; and WHEREAS current Joint Operating Agreement between Genesee County and Oakland County Medical Examiner’s Office is due to expire on or about September 27, 2005; and WHEREAS Genesee County and the Oakland County Medical Examiner’s Office desire to extend the current joint operating agreement for a one-year period; and WHEREAS the Genesee County Board of Commissioners has approved the concept of the one-year extension. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes extending the original Joint Operating Agreement between the County of Genesee and the County of Oakland for a one-year period beginning on or about September 28, 2005. BE IT FURTHER RESOLVED that the future level of service, including personnel will be contingent upon sufficient revenue generated from the Genesee County contract to cover the costs of the positions created per Miscellaneous Resolution #04254. BE IT FURTHER RESOLVED that the Medical Examiner continue to report the revenue and/or losses generated from the contract over the next 12 months, on a biannual basis, to the Finance Committee and the Public Services Committee for review. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. October 6, 2005 481 Copy of Interlocal Agreement for Medical Examiner Services between Oakland County and Genesee County, Scope of Work, and Fee Schedule on file in County Clerk’s office. FISCAL NOTE (MISC. #05223) BY: Finance Committee, Chuck Moss, Chairperson IN RE: PUBLIC SERVICES/MEDICAL EXAMINER - CONTINUATION OF AN INTERLOCAL AGREEMENT TO PROVIDE GENESEE COUNTY MEDICAL EXAMINER SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Resolution approves and authorizes the continuation of an interlocal agreement to provide Genesee County Medical Examiner Services. 2. The original interlocal agreement was established with the passage of Miscellaneous Resolution #04254. 3. The current interlocal agreement is due to expire on or about September 27, 2005. 4. Genesee County and the Medical Examiner desire to extend the interlocal agreement for a one-year period. 5. The new agreement would begin on or about September 28, 2005, pending passage by both the Genesee County Commissioners and the Oakland County Board of Commissioners. 6. The Medical Examiner shall continue to report the revenue and/or losses generated from the Genesee County contract over the next 12 months, on a biannual basis to the Finance Committee and the Public Services Committee for review. 7. Sufficient revenues and expenditures have been budgeted in the Fiscal Year 2006 and 2007 Budget. No additional amendments are required. FINANCE COMMITTEE Vote on resolutions on the Consent Agenda: AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). MISCELLANEOUS RESOLUTION #05238 BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS - LYON TOWNSHIP DOWNTOWN DEVELOPMENT AUTHORITY - TAX CAPTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners strongly supports the economic growth of Oakland County; and WHEREAS one of the tools used to promote this economic growth is Tax Increment Financing in the form of Downtown Development Authorities (DDAs), Tax Increment Finance Authorities (TIFAs) and Local Development Finance Authorities (LDFAs); and WHEREAS to review requests from the County's cities, villages and townships to establish DDAs, TIFAs and LDFAs, the Board of Commissioners, pursuant to Miscellaneous Resolution #99010, established the Tax Increment Financing (TIF) District Review Policy Ad Hoc Committee (Ad Hoc Committee) to evaluate and recommend to the Finance Committee on the County's participation in these proposed authorities; and WHEREAS pursuant to Miscellaneous Resolution #00155 this Board of Commissioners determined to participate in the Lyon Township DDA; and Commissioners Minutes Continued. October 6, 2005 482 WHEREAS the County, the DDA and Lyon Township entered into an agreement dated May 23, 2001, which provided for the County's participation in the New Hudson Streetscape improvements, after which the County's participation in the DDA would end and its portion of ad valorem property taxes that would otherwise be subject to capture would be exempt from further capture by the DDA; and WHEREAS the DDA is in the process of amending its Development Plan and seeks an expanded role for County participation in the tax increment process; WHEREAS the amended proposal would establish a thirty (30) year program, ending December 31, 2033, with a projected net property tax revenue increase for Oakland County of $22.4 million; and WHEREAS the proposed tax increment financing plan will capture only the amount of new taxes required for proposed debt service (bond repayments) and operations. Remaining funds will be returned to the taxing jurisdictions; and WHEREAS the DDA and Lyon Township appeared before the Ad Hoc Committee on August 25, 2005, to present the proposed plan and to seek the expansion in County tax capture by way of County participation; and WHEREAS the Ad Hoc Committee is satisfied that the proposed plan comports with the County's Policy for Participation in Downtown Development Authorities with Tax Increment Financing as set forth in Miscellaneous Resolution #03081. NOW THEREFORE BE IT RESOLVED that upon recommendation of the Ad Hoc Committee, the Oakland County Board of Commissioners hereby agrees to County participation in the Lyon Township DDA, provided that a contract is negotiated and agreed to between the Parties, and that the County's tax capture and participation will cease when the DDA has paid off its bonds. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Potter supported by Moss the resolution be adopted. Discussion followed. As a “point of personal privilege” Commissioner Jeff Potter thanked all persons involved in the process of the Lyon Township Downtown Development Authority – Tax Capture resolution. Commissioner Potter introduced Lyon Township Superintendent, Chris Olson to address the Board on this issue. Vote on resolution: AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #05239 BY: Finance Committee, Chuck Moss, Chairperson IN RE: MANAGEMENT AND BUDGET/AUDITING/HEALTH AND HUMAN SERVICES – MICHIGAN DEPARTMENT OF HUMAN SERVICES CHILD CARE FUND PAYMENT PROCEDURES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS per the request of the Finance Committee, the Auditing Division conducted an audit of the Michigan Department of Human Services - Oakland (MDHS-O) business practices related to payments for neglected and abused Court wards under the child care fund; and WHEREAS on September 15, 2005, Audit Division presented the results of their audit of MDHS-O business practices and made recommendations to the Audit Sub-committee and the Finance Committee; and WHEREAS pursuant to Miscellaneous Resolution #05217, adopted September 22, 2005, the Board of Commissioners resolved that a policy related to payment of child care fund invoices, be developed with the next 30 days based on the Auditing Division recommendations; and Commissioners Minutes Continued. October 6, 2005 483 WHEREAS the Auditing Division report, submitted on September 15, 2005, made the recommendations regarding child care fund payment process which included not paying MDHS-O (or provider) invoices which are submitted more than sixty (60) days from the date of service. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes the following policy related to payment of child care fund invoices from the Michigan Department of Human Services - Oakland: 1. There will be no payment from Oakland County for services provided by MDHS-O or their providers when an invoice for payment has not been received by the Oakland County Department of Management and Budget within sixty (60) days from the end of the month in which service is rendered. 2. An exception to the sixty (60) day limit above may be granted, on a case by case basis, by the Directors of the Department of Health and Human Services and the Department of Management and Budget, if sufficient rationale for the delayed invoice is provided in writing by MDHS-O. 3. Additionally, the Oakland County Department of Management and Budget will require a copy of the MDSH-O acceptance letter for each child, as well as separate invoice and documentation for each child’s cost, before payment will be made. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Moss supported by Rogers the resolution be adopted. Moved by Moss supported by Woodward the third WHEREAS paragraph be amended to change #05xxx to #05217 to read as follows: WHEREAS pursuant to Miscellaneous Resolution #05xxx #05217, adopted September 22, 2005, the Board of Commissioners resolved that a policy related to payment of child care fund invoices, be developed with the next 30 days based on the Auditing Division recommendations; and A sufficient majority having voted in favor, the amended carried. Discussion followed. Moved by Woodward supported by Coulter the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph, item (2) to read as follows: 2. An exception to the sixty (60) day limit above may be granted, on a case by case basis, by the Directors of the Department of Health and Human Services and the Department of Management and Budget, if sufficient rationale for the delayed invoice is provided in writing by MDHS-O. A delay in the provider being notified to bill the County constitutes an exception to this policy. Discussion followed. As a “point of order” Commissioner Eileen Kowall requested Commissioner Woodward’s amendment be read again for clarification. Discussion followed. Chairperson Bill Bullard, Jr. asked Commissioner Helaine Zack to address the Board to describe the process on eligibility of Child Care Fund Payment Procedures. Discussion followed. Commissioners Minutes Continued. October 6, 2005 484 Vote on Woodward’s amendment: AYES: Gershenson, Gregory, Hatchett, Jamian, Melton, Nash, Suarez, Woodward, Zack, Bullard, Coulter, Crawford. (12) NAYS: Douglas, Kowall, Long, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Wilson. (12) A sufficient majority not having voted in favor, the amendment failed. Vote on resolution, as amended: AYES: Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #05240 BY: Finance Committee, Chuck Moss, Chairperson IN RE: TREASURER'S OFFICE/DEPARTMENT OF INFORMATION TECHNOLOGY/CLEMIS – REQUEST FOR AUTHORIZATION TO BORROW AGAINST THE DELINQUENT TAX REVOLVING FUND (DTRF) FOR THE RADIO PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners authorized Miscellaneous Resolution #98308 recognizing the need to upgrade and expand the 800mhz radio system to enhance the public safety communications and address interoperability requirements; and WHEREAS the implementation of the Radio Project for the new 821mhz radio system, forecasted financials statements have been presented to include known exposures and costs relating to the construction of the new radio system; and WHEREAS the forecasted financial statements were used to determine the cash available for use in funding the construction of the system after covering the operational costs; and WHEREAS the estimated capital cost is $42.2 million to construct the system and also included a provision of $1.0 million in contingency which has been used to cover added costs associated with additional equipment, tower overages, and professional services incurred; and WHEREAS the funding from the projected cash flows from the Radio Communications fund and an advance from the Delinquent Tax Revolving Fund (DTRF) of $3,450,000 will cover various capital costs to complete the system; and WHEREAS the Delinquent Tax Revolving Fund Agent has determined sufficient monies are available to loan to the county; and WHEREAS the advance of up to $3,450,000 will be drawn down from the Delinquent Tax Revolving Fund as authorized by the Agent for the DTRF and repayment made during the period of Fiscal Year 2006 and Fiscal Year 2007. Interest on the repayment will be based on the average monthly rate paid during the term of the loan by the agent of the DTRF for that years estimated borrowing; and WHEREAS a budget for interest expense has been included in the Fiscal Year 2006 and Fiscal Year 2007 Recommended Budget for the Radio Communications fund. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an advance of $3,450,000 from the Delinquent Tax Revolving Fund to the Radio Communications Fund to cover associated capital costs to ensure the satisfactory completion of the new radio communications system. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Moss supported by Zack the resolution be adopted. Commissioners Minutes Continued. October 6, 2005 485 AYES: Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE JURY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the expired appointment on the Jury Board and the recommendation by Chief Judge Wendy Potts, recommends the filling of the seat, as follows: Jury Board (Six-year term ending April of 2011) Mary Katherine Devine Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of letter from Wendy Potts, Chief Circuit Court Judge and biographical information on Mary Katherine Devine on file in County Clerk’s office. Moved by Patterson supported by Woodward the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Bill Bullard asked if there were any other nominations. There were none. Moved by Patterson supported by Woodward the appointment of Mary Katherine Devine to the Jury Board for a Six Year Term ending April of 2011 be confirmed. Vote on appointment: AYES: Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory. (24) NAYS: None. (0) A sufficient majority having voted in favor, the appointment of Mary Katherine Devine to the Jury Board for a Six Year Term ending April of 2011 was confirmed. REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE CANVASSING BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the expired appointments on the Canvassing Board and the recommendations by Oakland County Clerk/Register of Deeds, Ruth Johnson, Dennis Cowan, Chairman of the Republican Party and Commissioner David Woodward, Chairman of the Democratic Party, recommends the filling of the seats, as follows: Canvassing Board (Four-year terms ending October 31, 2009) C. Elaine Skarritt, Republican Rep. Michael Gracey, Democratic Rep. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. October 6, 2005 486 Copy of letters from Ruth Johnson, Clerk/Register of Deeds, Dennis G. Cowan, Chairman Oakland County Republican Party, and David Woodward Chairman of the Oakland County Democratic Party on file in County Clerk’s office. Moved by Patterson supported by Hatchett the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Bill Bullard asked if there were any other nominations. There were none. The vote for members of the Canvassing Board as a result of a paper ballot vote reads as follows: Democratic Candidates Republican Candidates Michael Gracey 17 C. Elaine Skarritt 23 Gerald Letcher 4 James Aldrich 1 Joe Woods, Jr. 0 Joan Larson 0 Moved by Patterson supported by Hatchett the appointments of Michael Gracey as the Democratic Representative and C. Elaine Skarritt as the Republican Representative to the Canvassing Board for a Four Year Term ending October 31, 2009, be confirmed. A sufficient majority having voted in favor, the appointments of Michael Gracey and C. Elaine Skarritt to the Canvassing Board for a Four Year Term ending October 31, 2009, were confirmed. REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE CRIMINAL JUSTICE COORDINATING COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the openings on the newly-created Criminal Justice Coordinating Council, recommends the filling of the five commissioner seats, as follows: Criminal Justice Coordinating Council (Two-Year term ending 12/31/06) Hugh D. Crawford Eileen T. Kowall Eric S. Wilson Helaine Zack Mattie Hatchett Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Patterson supported by Wilson the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Bill Bullard asked if there were any other nominations. There were none. Moved by Patterson supported by Wilson the appointments of Hugh Crawford, Eileen Kowall, Eric Wilson, Helaine Zack, and Mattie Hatchett to the Criminal Justice Coordinating Council for a Two Year Term ending December 31, 2006, be confirmed. Commissioners Minutes Continued. October 6, 2005 487 Vote on appointments: AYES: Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett. (24) NAYS: None. (0) A sufficient majority having voted in favor, the appointments of Hugh Crawford, Eileen Kowall, Eric Wilson, Helaine Zack, and Mattie Hatchett to the Criminal Justice Coordinating Council for a Two Year Term ending December 31, 2006, were confirmed. MISCELLANEOUS RESOLUTION #05222 BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: HUMAN RESOURCES - SALARY ADMINISTRATION 3RD QUARTERLY REPORT FOR FISCAL YEAR 2005 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 3rd Quarterly Report for Fiscal Year 2005 identifies the reviews conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from Salary Administration Quarterly Report recommendations. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes implementation of the Salary Administration 3rd Quarterly Report for Fiscal Year 2005, which includes the following personnel actions: Classification From Salary Grade: To Salary Grade: Overtime Status: Location- Position #: Office Leader (Reclassify one position in the mail room to a new class titled "Mail Services Leader") 7 8 Non- Exempt 13803-01863 Medical Examiner Investigator (Place on Salary Administration Plan at Salary Grade 11) 11 Non- Exempt 17601-01488 17601-02263 17601-02629 17601-02722 17601-02739 17601-07774 17601-10239 17601-10287 Medical Examiner Investigator Supervisor 11 13 Non- Exempt 17601-02738 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Commissioners Minutes Continued. October 6, 2005 488 FISCAL NOTE (MISC. #05222) BY: Finance Committee, Chuck Moss, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 3RD QUARTERLY REPORT FOR FISCAL YEAR 2005 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 Human Resources Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1 - 12. 2. The total annual cost of the recommended salary grade change for one (1) Office Leader (to be reclassified to new class titled "Mail Services Leader"), eight (8) Medical Examiner Investigators (to be place on Salary Administration Plan at Grade 11), and one (1) Medical Examiner Investigator Supervisor, is $49,760 (Salaries - $36,912; Fringe Benefits - $12,848). 3. The effective date is October 15, 2005. 4. The total impact on the General Fund/General Purpose for Fiscal Year 2006 is $45,931 (Salaries - $34,072; Fringe Benefits - $11,859). 5. A budget amendment for Fiscal Year 2006 and Fiscal Year 2007 is recommended as follows: GENERAL FUND (10100) FY 2006 FY 2007 Expenditures 9090101-196030-740037 Non-Dept - Class & Rate Change ($45,931) ($49,760) 1030803-184020-702010 Supp. Svcs/Rec. Ret - Salaries 1,787 1,936 1030803-184020-722740 Supp. Svcs/Rec. Ret - Fringe Ben. 622 674 1070601-132030-702010 Med. Exam. Admin. - Salaries 25,095 27,187 1070601-132030-727740 Med. Exam. Admin. - Fringe Ben. 8,735 9,463 1070601-132040-702010 Med. Exam. Admin. (Gen. Cnty) - Salaries 7,190 7,789 1070601-132040-727740 Med. Exam. Admin. (Gen. Cnty) - Fringe Ben. 2,502 2,711 Total Expenditures $ -0- $ -0- FINANCE COMMITTEE Moved by Jamian supported by Saurez the resolution be adopted. AYES: Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian. (23) NAYS: Rogers. (1) A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #05241) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BUILDING AUTHORITY – AUTHORIZATION TO ENTER INTO AN AGREEMENT INVOLVING THE OAKVIDEO PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on September 26, 2005, reports with a recommendation that the 5th BE IT FURTHER RESOLVED paragraph of the resolution be amended, as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners is to receive through the appropriate committees a copy of quarterly reports detailing the royalty payments and information. required in Section 4.4 specifying that the “Licensor shall deliver to Licensee every four (4) months, a report stating the total number of copies of the Software that have been licensed by Licensee, and will separately identify copies of promotional software.” Commissioners Minutes Continued. October 6, 2005 489 Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #05241 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: BUILDING AUTHORITY - AUTHORIZATION TO ENTER INTO AN AGREEMENT INVOLVING THE OAKVIDEO PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Misc. Resolution #01265, to authorize the Oakland County Building Authority to issue $6.0 million in bonds related to the integrated video and data transmission and related records management system (called “OakVideo”) and has been overseeing the project for the past several years; and WHEREAS the OakVideo project is a unique video conferencing system involving a complex conferencing system and roughly 100 end-points using the County’s OAKNet; and WHEREAS the Building Authority will expend approximately $6.7 million (including $700,000 received from the COPS MORE grant) in developing, equipping and deploying OakVideo in support of the law enforcement functions in the cities, villages and townships (CVTs) located in Oakland County and the County’s operations (Sheriff, Circuit Court, District Court, Prosecutor, Community Corrections and other law enforcement functions); and WHEREAS the OakVideo system has significant value and is positively impacting CVT costs through the reduction of police officer/deputy time in offender transport, warrants obtained from local police departments/Sheriff substations from the Prosecutor’s Office, and improved security in courtrooms, among other benefits; and WHEREAS the OakVideo system has substantial value to other law enforcement agencies, courts, prosecutors, and other entities outside Oakland County; and WHEREAS County administration has discussed with the Building Authority members and notified the Board of Commissioners through the attached memorandum dated August 6, 2005, a proposal to enter into a contract for the licensing, marketing and sale of the OakVideo product throughout the United States; and WHEREAS Oakland County has sought and obtained the services of an outside copyright attorney and has filed a copyright with the federal government in order to protect the County's interests in this intellectual product; and WHEREAS a request for proposal for licensing, marketing and sale of the OakVideo product was issued to approximately a dozen companies (IBM, CA, Tyco, Oracle, etc.), and these companies were encouraged to come to a pre-bid demonstration; and WHEREAS a group of four companies (Integrated Digital Systems, LLC (IDS) as prime and SAIC, Simtrol and Cox Communications as subcontractors) has been selected to best license, market and sell the OakVideo product; and WHEREAS the status of the licensing, marketing and sale of the OakVideo project has been previously reported to the Oakland County Building Authority Board; and WHEREAS Simtrol has offered over $130,000 of software and related services to embed software components to better manage the operating status of the OakVideo project (in lieu of the present labor- intensive monitoring required) at no cost to the County; and WHEREAS a summary of the contract negotiated to market OakVideo nationally is attached, along with the contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Award of Contract/Software License Agreement with Integrated Digital Systems, LLC (IDS) relative to the OakVideo System for a term of ten (10) years. BE IT FURTHER RESOLVED that Integrated Digital Systems, LLC (IDS) is identified as the primary contractor, with SAIC, Simtrol and Cox Communications being identified as subcontractors. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the acceptance of software and related services from Simtrol (valued at approximately $130,000) for embedding software components to better manage the operating status of the OakVideo project at no cost to Oakland County. Commissioners Minutes Continued. October 6, 2005 490 BE IT FURTHER RESOLVED that the attached agreement provides for Oakland County to receive a royalty fee equal to five (5%) percent of the Licensee's Gross receipts attributable to the sale or licensing of the Software and derivative works ("Royalties") during the term of this Contract. BE IT FURTHER RESOLVED that royalties received under the terms of the attached Agreement are to be deposited into a special account within the Oakland County General Fund identified for this purpose. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners is to receive through the appropriate committees a copy of quarterly reports detailing the royalty payments and information. BE IT FURTHER RESOLVED that any modifications to the terms of the attached Agreement shall come before the Oakland County Board of Commissioners for approval. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to execute the attached Award of Contract/Software License Agreement on behalf of Oakland County. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of a memo from Robert Daddow, Deputy County Executive I, Software License Agreement, and Certificate of Liability Insurance on file in County Clerk’s office. REPORT (MISC. #05241) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: BUILDING AUTHORITY - AUTHORIZATION TO ENTER INTO AN AGREEMENT INVOLVING THE OAKVIDEO PROJECT To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee having reviewed the above referenced resolution suggests to the Finance Committee that they work with County Administration to establish a plan for the expenditure of the potential revenue from the "OakVideo" Software License Agreement with Integrated Digital Systems, LLC. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05242 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER – OAKLAND COUNTY ROCHESTER HILLS WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM BONDS, SERIES 2005 BOND RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Rochester Hills (the “City”) and the County of Oakland (the “County”) have entered into the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills – Extension No. 5A Project Contract dated as of May 1, 2005 (the "Contract"), pursuant to the provisions of Act 342, Public Acts of Michigan, 1939, as amended (“Act 342), and especially Sections 5a, 5b and 5c thereof with respect to the acquisition, construction, and financing of water supply and sewage disposal facilities to improve, enlarge and extend the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills (the "Project"); and WHEREAS an estimate of the cost of the Project in the amount of $5,913,000 has been prepared and has been approved by the Board of Commissioners of the County; and WHEREAS after the opening of and based upon construction bids for the Project, the Board of Commissioners now desires to proceed with the acquisition, construction and financing of the Project and the issuance of bonds of the County in an aggregate principal amount of not to exceed $3,800,000 to defray all or part of the cost of the Project. Commissioners Minutes Continued. October 6, 2005 491 NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County aggregating the principal sum of not to exceed Three Million Eight Hundred Thousand Dollars ($3,800,000) shall be issued and sold pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of defraying all or part of the cost of the Project. 2. BOND DETAILS. The bonds shall be designated "Oakland County Rochester Hills Water Supply and Sewage Disposal System Bonds, Series 2005," shall be dated as of the date approved by the County Drain Commissioner, County Agency for the Project (the "County Agency"); shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 6% per annum as shall be determined by the County Agency at the time of sale; shall be payable as to interest on such dates as shall be determined by the County Agency; and shall be serial bonds and/or term bonds and mature in such amounts and on such dates and in such years as shall be determined by the County Agency; provided, however, that the final maturity of a series of bonds shall not be more than 30 years after the date that such series of bonds is delivered to the initial purchasers thereof. 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 4. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the book-entry-only transfer system of DTC. In the event the County determines that it is in the best interest of the County not to continue the book-entry system of transfer or that the interests of the holders of the bonds might be adversely affected if the book-entry system of transfer is continued, the County may notify DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the bond registrar and paying agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this Resolution. DTC may determine to discontinue providing its services with respect to the bonds at any time by giving notice to the County and the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County and the bond registrar and paying agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Resolution. In the event bond certificates are issued, the provisions of this Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the County and the bond registrar and paying agent to do so, the County and the bond registrar and paying agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the bonds to any Participant having bonds certified to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the bonds. Commissioners Minutes Continued. October 6, 2005 492 Notwithstanding any other provision of this Resolution to the contrary, so long as any bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on such bonds and all notices with respect to the bonds shall be made and given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations relating to the bonds. The County Treasurer and the County Agency are each authorized to sign the Blanket Issuer Letter of Representations on behalf of the County, in such form as the such officer deems necessary or appropriate in order to accomplish the issuance of the bonds in accordance with law and this Resolution. 5. OPTIONAL PRIOR REDEMPTION. The bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency. 6. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer from time to time as required may designate a similarly qualified successor bond registrar and paying agent. 7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the County by the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. 8. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is _________________." The County and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this Resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so Commissioners Minutes Continued. October 6, 2005 493 paid, and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. 9. FORM OF BONDS. The bonds shall be in substantially the following form, with such additions, deletions and modifications as are approved by the County Agency and consistent with the terms of this Resolution. [FORM OF BOND] UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY ROCHESTER HILLS WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM BOND, SERIES 2005 INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at ____________________________________________ in the city of _______________, Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the Date of Original Issue or such later date through which interest shall have been paid until the County's obligation with respect to the payment of such Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first days of _________ and ________ in each year, commencing ____________ 1, 200_. Principal and interest are payable in lawful money of the United States of America. This bond is one of a series of bonds aggregating the principal sum of _______________________________ Dollars ($_________) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution") for the purpose of defraying part of the cost of acquiring and constructing water supply and sewage disposal facilities to improve, enlarge and extend the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills to serve the County and the City of Rochester Hills (the “City”). The bonds of this series are issued in anticipation of payments to be made by the City, in the aggregate principal amount of ___________________________ Dollars ($________), pursuant to a contract between the County and the City. The full faith and credit of the City have been pledged to the prompt payment of the foregoing amount and the interest thereon as the same become due. As additional security the full faith and credit of the County have been pledged for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied by the City and the County to pay the Commissioners Minutes Continued. October 6, 2005 494 principal of and interest on the bonds of this series are subject to constitutional, statutory and charter tax limitations. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. MANDATORY PRIOR REDEMPTION Bonds maturing in the year ____ are subject to mandatory prior redemption at par and accrued interest as follows: Redemption Date Principal Amount of Bonds to be Redeemed Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot. (REPEAT IF MORE THAN ONE TERM BOND) OPTIONAL PRIOR REDEMPTION Bonds maturing prior to ________ 1, 200_, are not subject to redemption prior to maturity. Bonds maturing on and after ________ 1, 200_, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after ________ 1, 200_. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows: __% of the par value of each bond called for redemption on or after ________ 1, 200_, but prior to ________ 1, 200_; __% of the par value of each bond called for redemption on or after ________ 1, 200_, but prior to ________ 1, 200_; No premium if called for redemption on or after ________ 1, 200_. Not less than thirty days' nor more than sixty days' notice of redemption shall be given to the holders of bonds called to be redeemed by mail to the registered holder at the registered address. Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND Commissioners Minutes Continued. October 6, 2005 495 By: Chairperson, Board of Commissioners [SEAL] And: County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints ______________________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: ____________________ __________________________________________ Signature Guaranteed: __________________________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF BOND FORM] 10. SECURITY. The bonds shall be issued in anticipation of payments to be made by the City pursuant to the Contract. The bonds shall be secured primarily by the full faith and credit pledge made by the City in the Contract pursuant to the authorization contained in Act 342. As additional and secondary security the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the bonds as the same shall become due. If the City shall fail to make a payment to the County which is sufficient to pay the principal of, premium, if any, and interest on the bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. Taxes imposed by the County shall be subject to constitutional and statutory limitations. 11. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of, premium, if any, and interest on the bonds, or any portion thereof, shall have been deposited in trust, this Resolution shall be defeased with respect to such bonds, and the owners of the bonds shall have no further rights under this Resolution except to receive payment of the principal of, premium, if any, and interest Commissioners Minutes Continued. October 6, 2005 496 on such bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange bonds as provided herein. 12. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund which shall be kept in a separate bank account, provided, however, that such Principal and Interest Fund may be pooled or combined for deposit or investment purposes with other debt retirement funds created for nonvoted debt of the County (other than any special assessment debt). From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchaser of the bonds at the time of delivery of the same. All payments received from the City pursuant to the Contract are pledged for payment of the principal of and interest on the bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. 13. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund for the Project and used to defray the cost of the Project in accordance with the provisions of the Contract. 14. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY – EXCEPTION FROM PRIOR APPROVAL. The issuance and sale of the bonds shall be subject to the County obtaining qualified status or prior approval from the Department of Treasury of the State of Michigan pursuant to Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"), and, if necessary, the County Treasurer and County Agency are each hereby authorized and directed to make application to the Department of Treasury for approval to issue and sell the bonds as provided by the terms of this Resolution and by Act 34. The County Treasurer and County Agency are authorized to pay any filing fees required in connection with obtaining qualified status or prior approval from the Department of Treasury. The County Treasurer and County Agency are further authorized to request such waivers of the requirements of the Department of Treasury or Act 34 as necessary or desirable in connection with the sale of the bonds. 15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency is hereby authorized to determine the principal amount of the bonds to be sold and to determine the other bond details as described in Section 2 hereof and the terms and conditions for prior redemption as described in Section 5 hereof. In addition, in order to save the cost of publication of an official notice of sale, the County Agency is hereby authorized to sell the bonds at a negotiated sale after solicitation of proposals from prospective purchasers by Municipal Financial Consultants Incorporated, which is hereby appointed as the County's financial consultant for the bonds. The bonds shall be sold at a price that is not less than 98.5% of their par value, as determined by the County Agency. The County's financial consultant is authorized to solicit proposals from at least twenty-five prospective purchasers and to circulate a request for proposal at least seven days prior to the date fixed for receipt of proposals for the purchase of the bonds. The request for proposal shall be in the form approved by the County Agency. The financial consultant is hereby designated to act for and on behalf of the County Agency to receive proposals for the purchase of the Bonds and to take all other steps necessary in connection with the sale and delivery thereof. The County Agency is hereby authorized to determine the low proposer on the Bonds and to award the Bonds to such low proposer. The County Agency is hereby authorized to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the Bonds in accordance with the provisions of this Resolution. 16. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured bond, of satisfactory evidence that the bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with applicable law and is satisfactory to the County Treasurer, the County Treasurer may authorize the bond registrar and paying agent to deliver a new executed bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the bond registrar and paying Commissioners Minutes Continued. October 6, 2005 497 agent to pay the bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The bond registrar and paying agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the bond registrar and paying agent and the County in the premises. Any bond delivered pursuant the provisions of this Section 16 in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered. 17. OFFICIAL STATEMENT. The County Agency and the County Treasurer are each authorized to cause the preparation of an official statement for the bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the award of the bonds, the County will provide copies of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 18. CONTINUING DISCLOSURE. The County Treasurer is authorized to execute a certificate of the County, constituting an undertaking to provide ongoing disclosure about the County for the benefit of the holders of the bonds as required under paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. 19. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Agency, the County Treasurer, the County Clerk and other appropriate County officials are authorized to do all things necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. 20. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE STATE OF MICHIGAN ) )ss COUNTY OF OAKLAND ) I hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the Board of Commissioners of the County of Oakland at a regular meeting held on the 27th day of October, 2005, the original of which resolution is on file in my office. I further certify that notice of said meeting was given in accordance with the provisions of the open meetings act. Clerk, County of Oakland The Chairperson referred the resolution to the Finance Committee. There were no objections. Moved by Wilson supported by Zack the rules be suspended to bring Miscellaneous Resolution #05243 – BOARD OF COMMISSIONERS – AMENDMENT TO MISCELLANEOUS RESOLUTION #05152 – INCREASE TO MEMBERSHIP OF THE CRIMINAL JUSTICE COORDINATING COUNCIL before the Board for immediate consideration. Commissioners Minutes Continued. October 6, 2005 498 Vote on suspension of the rules: AYES: Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall. (24) NAYS: None. (0) A sufficient majority having voted in favor, the rules were suspended and Miscellaneous Resolution #05243 was before the Board. MISCELLANEOUS RESOLUTION #05243 BY: Commissioners Eric Wilson, District #3, Hugh D. Crawford, District #9, Eileen T. Kowall, District #6, Helaine Zack, District #22 IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO MISCELLANEOUS RESOLUTION #05152 - INCREASE TO MEMBERSHIP OF THE CRIMINAL JUSTICE COORDINATING COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #05152 was adopted on September 22, 2005, authorizing creation of the Oakland County Criminal Justice Coordinating Council; and WHEREAS Council membership was established to provide a forum where key justice system agency officials and other officials of general government may discuss and address justice system issues; and WHEREAS Council membership currently includes: Oakland County Sheriff Oakland County Prosecuting Attorney Oakland County Circuit Court Chief Judge Oakland County Community Corrections Manager Oakland County Circuit Court Probation Manager Oakland County Executive Oakland County Corporation Counsel 1 Representative of the Oakland County Police Chiefs 5 Members of the Oakland County Board of Commissioners (3 from the majority party and 2 from the minority party) Oakland County 52nd District Court Chief Judge 1 Judge nominated by the District Court Judges Association (consisting of District Courts: 35, 43, 44, 45A, 45B, 46, 47, 48, 50 and 51) 1 Representative of the Criminal Defense Bar, appointed by the Oakland County Bar Association 2 Representatives of the public at large, appointed by the Board of Commissioners WHEREAS it has been determined that it would be in the best interest of the County to increase the Council membership from eighteen (18) to twenty-one (21) by adding one additional representative for the County Executive, one additional representative for the 52nd District Court and one additional representative for the District Court Judges Association. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes three additional seats on the Council, one representing the County Executive, one representing the 52nd District Court and one representing the District Court Judges Association. BE IT FURTHER RESOLVED that, consistent with Miscellaneous Resolution #05152, each member of the Council shall have voting rights and may designate one alternate who would have voting rights in their absence. Chairperson, we move the adoption of the foregoing resolution. ERIC WILSON, HELAINE ZACK, EILEEN KOWALL, HUGH CRAWFORD, BILL BULLARD Moved by Wilson supported by Zack the resolution be adopted. Discussion followed. Commissioners Minutes Continued. October 6, 2005 499 Vote on resolution: AYES: Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #05244 BY: Sue Ann Douglas, District #12; John Scott, District #5 IN RE: RESCIND COUNTY COMMISSIONERS ADDITIONAL 2% SALARY INCREASE FOR 2005- 2006 TERM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Commissioners, by law, can only set a salary rate for the next board of commissioners’ term of office; and WHEREAS Oakland County Commissioners’ salary adjustments have been one year behind county general salary adjustments; and WHEREAS the commission has, in the past, adjusted commissioner salaries for the next term of office by combining the actual general salary adjustment amounts for the year before the new term begins and the first year of the new term; and WHEREAS the combined amount of the two years of general salary adjustments was applied to the next term at the beginning of the term; and WHEREAS a 2% and a 3% general salary increase for 2004 and 2005 was combined and commissioners salaries were adjusted 5% for the 2005-06 term; and WHEREAS the Michigan State legislature changed the law allowing commissioners salaries to be adjusted each year of their two year term; and WHEREAS the Michigan State legislature also allowed a one time catch-up salary adjustment to be applied to commissioner salaries for the year 2006; and WHEREAS the catch-up amount for Oakland County Commissioners’ salaries would add an additional 2% salary increase to commissioners 2005-2006 salary; and WHEREAS this would mean that commissioners would receive the equivalent of three salary adjustments during the 2005-2006 term; and WHEREAS Michigan’s economy continues to be unstable and, according to census data, Michigan salaries declined by 3% in 2004 and other reports indicate that the downward trend appears to be continuing in 2005; and WHEREAS Michigan is one of only eight states where income is declining; and WHEREAS future State and Federal cuts will further erode Oakland County’s financial outlook. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners amends the Fiscal Year 2006 County Budget by rescinding the additional 2% salary increase for the County Commissioners’ 2005-2006 term of office by removing 2% from the Board of Commissioners Salaries line item 2001 (51-211000-10000-2001) and accompanying adjustment to the Fringe Benefits line item 2074. Chairperson, we move adoption of the foregoing resolution. SUE ANN DOUGLAS, JOHN SCOTT, TIM MELTON, GEORGE SUAREZ The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05245 BY: Commissioner Mike Rogers, District #14 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR INVESTMENT IN QUALITY TRANSIT ALONG THE WOODWARD CORRIDOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Oakland County, Woodward Avenue is the historic development engine of our many of our established communities as the connector to the City of Detroit; and Commissioners Minutes Continued. October 6, 2005 500 WHEREAS the conventional development pattern is costly to Oakland County taxpayers and is not sustainable; and WHEREAS if we can alter current development patterns to take advantage of existing infrastructure in established communities, the established urban communities along the Woodward Avenue corridor will become more vibrant and regional efficiency will increase, thereby reducing costs to Oakland County taxpayers; and WHEREAS if we can alter current development patterns to take advantage of existing infrastructure in established communities, Oakland County's adjacent rural areas can be maintained, thereby protecting some of Michigan’s best farmland, recreational areas and natural resources; and WHEREAS vibrant urban environments provide the energy that is a magnet for the Creative Class who produce the business innovations that can generate the next wave of economic vitality throughout Oakland County; and WHEREAS every citizen, no matter whether they have access to a car or not, should have the opportunity to maximize their contribution to Oakland County; and WHEREAS Oakland County should allow for a diversity of rural, suburban and urban opportunities so that every person can have a choice to make their contribution in the way that suits them best. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners will continue to work to expose and remove existing barriers to urban vitality in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners support a solid investment in quality transit in Southeast Michigan, especially along the Woodward Corridor as a proven and powerful tool to alter current development patterns and build vitality in our existing communities. Chairperson, I move the adoption of the foregoing resolution. MIKE ROGERS, GREG JAMIAN, THOMAS MIDDLETON The Chairperson referred the resolution to the General Government Committee. There were no objections. Moved by Jamian supported by Gershenson the rules be suspended to bring Miscellaneous Resolution #05246 – BOARD OF COMMISSIONERS – BREAST CANCER AWARENESS MONTH before the Board for immediate consideration. Vote on suspension of the rules: AYES: Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton. (23) NAYS: None. (0) A sufficient majority having voted in favor, the rules were suspended and Miscellaneous Resolution #05246 was before the Board. MISCELLANEOUS RESOLUTION #05246 BY: Commissioner Greg Jamian, District #16 IN RE: BOARD OF COMMISSIONERS - BREAST CANCER AWARENESS MONTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS October marks the 21st year of Breast Cancer Awareness Month, a campaign that has boosted mammogram use, pushed for better treatments and saved lives; and WHEREAS more and more women are getting mammograms to detect breast cancer in its earliest stages. As a result, since 1991 death rates from the disease have come down every year; and WHEREAS this is exciting progress, but unfortunately there are still women who do not take advantage of early detection at all and others who do not get screening mammograms and clinical breast exams at regular intervals; and WHEREAS breast cancer is the most common cancer in women. Every 3 minutes a woman is diagnosed with breast cancer; and Commissioners Minutes Continued. October 6, 2005 501 WHEREAS another 212,000 new cases of breast cancer are expected to be diagnosed in the United States in 2005. In Michigan, it is estimated that there will be 7,210 new cases of women with breast cancer and 1,380 women dying from breast cancer in 2005; and WHEREAS the survival rate of women who have breast cancer is 96% when detected in the early stages; and WHEREAS observing Breast Cancer Awareness Month provides a special opportunity to offer education on the importance of monthly breast self-examinations and annual mammograms, the key components of early detection. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby proclaims October 2005 as Breast Cancer Awareness Month in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners salutes the more than 2 million breast cancer survivors in the United States and the efforts of these survivors, volunteers and professionals who combat breast cancer each day. BE IT FURTHER RESOLVED that it is the hope of the Oakland County Board of Commissioners that by observing October as Breast Cancer Awareness Month, this raises public awareness and empowers people to be proactive in their preventative health care, a step that could save many lives. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners recognizes and applauds the national and community organizations for their work in promoting awareness about breast cancer by providing information and offering treatment to its sufferers. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners applauds the generosity of Oakland County employees who, by participating in the Lee National Denim Day over the past 7 years, have contributed over $32,000 to the Susan G. Komen Breast Cancer Foundation, the nation's largest private fund-raiser of research dedicated solely to breast cancer. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in designating October as Breast Cancer Awareness Month, urges the public to become more informed about the life-threatening consequences of this disease and join in the battle against breast cancer by proudly wearing their pink ribbon and encouraging all women to have monthly breast self-examinations and annual mammograms. Chairperson, we move the adoption of the foregoing resolution. GREG JAMIAN, SUE ANN DOUGLAS, JOHN SCOTT, MICHAEL ROGERS, ERIC WILSON, WILLIAM MOLNAR, JEFF POTTER, WILLIAM PATTERSON, CHARLES PALMER, HUGH CRAWFORD, CHUCK MOSS, DAVID WOODWARD, BILL BULLARD, DAVID COULTER, EILEEN KOWALL, GEORGE SUAREZ, MATTIE HATCHETT, VINCENT GREGORY, MARCIA GERSHENSON, HELAINE ZACK Moved by Jamian supported by Gershenson the resolution be adopted. Discussion followed. Vote on resolution: AYES: Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. October 6, 2005 502 MISCELLANEOUS RESOLUTION #05247 BY: Commissioner Jim Nash, District #15 IN RE: BOARD OF COMMISSIONERS – 52ND DISTRICT COURT GREEN BUILDING PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County prides itself on spearheading technological advancements and promoting Oakland County as a premier place to live, work and play; and WHEREAS globally, the new improvements in building design include: seeking maximum energy efficiency to save long term costs, building designs to reduce heating/cooling needs, conservation of water/sewer systems, using materials that cause less pollution in production and do not adversely affect the health of building inhabitants, recycling materials on-site to save construction costs and reduce landfill use and seeking the closest suppliers to limit transportation costs and energy use; and WHEREAS the U.S. Green Building Council (USGBC) is the nation’s foremost association of leading architects, engineers, corporate and academic researchers, designers, builders, contractors, landscapers and construction material suppliers from across the building industry who work to promote buildings that are environmentally responsible, profitable and healthy places to live and work; and WHEREAS the USGBC has developed the Leadership in Energy and Environmental Design (LEED) Green Building Rating System, which is a national consensus-based, market-driven building rating system designed to rate the sustainability of building projects and implement green building practices. This is a leading-edge system for designing, constructing and certifying the world’s greenest and best buildings, while promoting sustainable development; and WHEREAS the new court house to be constructed for the 52nd District Court in Northwestern Oakland County offers Oakland County the opportunity to build a demonstration project for a green building that is certified by the LEED program; and WHEREAS a green building project at the court house is a worthwhile investment and will save the county a great deal of money over the life of the building, bringing Oakland County into the growing field of green development and LEED certification; and WHEREAS this green building demonstration project will provide a showcase for county efforts to increase the visibility of the Emerging Sectors program and reduce our building costs; and WHEREAS the green building demonstration project would provide long term benefits to the county in the form of lower utility bills for the life of the building, a 2-to-3 times longer life for the roof before replacement is needed, a reduction of the heat island affect of the building and reduced storm water runoff from the roof; and WHEREAS additional applications within the green building project could include a green park lot - using permeable pavement and bio-swales to reduce runoff to almost zero; and WHEREAS grants are available through the Department of Environmental Quality for non-point pollution mitigation, which would significantly offset the construction costs if approved; and WHEREAS additional grants are available for projects such as geothermal heating/cooling systems and solar and/or hydrogen power generation. These methods of heating and cooling save considerable funds and would set an excellent example for future commercial development in Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby recognizes the benefits of green building project to reduce building costs, while simultaneously emphasizing state of the art strategies for sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests Facilities Management to work with the Fiscal Services' Grant Administrator and Drain Commissioner's office to identify and apply for federal and state grants that would support the 52nd District Court having a green roof, green parking lot and other sustainable building features. BE IT FURTHER RESOLVED that grant revenues generated for the green building project will reduce construction and maintenance costs. These cost savings should be dedicated towards offsetting the costs for LEED certification as overseen by the U.S. Green Building Council and to provide a solar power system integrated into the building exterior and/or an on-site hydrogen power system. Commissioners Minutes Continued. October 6, 2005 503 Chairperson, we move the adoption of the foregoing resolution. JIM NASH, JEFF POTTER, DAVID WOODWARD, VINCENT GREGORY, MATTIE HATCHETT, GEORGE SUAREZ, MIKE ROGERS, MARCIA GERSHENSON, WILLIAM MOLNAR, TIM MELTON, DAVID COULTER, HELAINE ZACK, TOM MIDDLETON, GREG JAMIAN The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. MISCELLANEOUS RESOLUTION #05248 BY: Commissioner Thomas F. Middleton, District #4 IN RE: BOARD OF COMMISSIONERS - PROCESS FOR CONSIDERATION OF BOARD OF COMMISSIONER'S LEADERSHIP STIPEND AND FISCAL YEAR 2006-2007 BUDGET AMENDMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on September 22, 2005, the Oakland County Board of Commissioners adopted Miscellaneous Resolution #05225 - the Fiscal Year 2006 Appropriations Act; and WHEREAS a budget amendment was made on the floor to the Fiscal Year 2006 and Fiscal Year 2007 Finance Committee recommended budget, transferring, $18,500 in Fiscal Year 2006 and $25,000 in Fiscal Year 2007, from the non-departmental Rate and Classification Change account to the Board of Commissioners – Administration Budget, to cover the cost of the new classifications; and WHEREAS the intention of this adopted amendment was to create the following new classifications effective January 1, 2006: Chairperson – Board of Commissioners – at an annual salary $10,000 higher than the salary assigned to the Commissioner classification; Vice Chairperson – Board of Commissioners – at an annual salary of $5,000 higher than the salary assigned to the Commissioner classification and Majority and Minority Party Caucus Chairpersons – Board of Commissioners – at an annual salary $5,000 higher than the salary assigned to the Commissioner classification; and WHEREAS because the amendment for the additional stipend for Board of Commissioner's leadership did not go through the committee process, the amount of misinformation that has been publicized regarding this issue has caused confusion. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby amends the Fiscal Year 2006 and Fiscal Year 2007 Budget by removing the expenditure of $18,500 in Fiscal Year 2006 and $25,000 in Fiscal Year 2007 from the Board of Commissioners – Administration Budget, to cover the cost of the new classifications. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners amends the adopted Board Rules to reflect that from this point forward any compensation increase given to any member of the Board of Commissioners must go through the Board of Commissioners committee process with a recommendation to and consideration by the Board of Commissioners. Chairperson, we move the adoption of the foregoing resolution. TOM MIDDLETON, EILEEN KOWALL, JOHN SCOTT, SUE ANN DOUGLAS, JEFF POTTER, TIM MELTON The Chairperson referred the resolution to the General Government Committee. There were no objections. Moved by Molnar supported by Melton the rules be suspended to bring Miscellaneous Resolution #05249 – BOARD OF COMMISSIONERS – EXTENSION OF THE REPORTING DEADLINE FOR THE SMALL BUSINESS HEALTH CARE STUDY GROUP before the Board for immediate consideration. Commissioners Minutes Continued. October 6, 2005 504 Vote on suspension of the rules: AYES: Moss, Nash, Palmer, Patterson, Potter, Rogers, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar. (23) NAYS: Scott. (1) A sufficient majority having voted in favor, the rules were suspended and Miscellaneous Resolution #05249 was before the Board. MISCELLANEOUS RESOLUTION #05249 BY: Commissioner William D. Molnar, District #13 IN RE: BOARD OF COMMISSIONERS - EXTENSION OF THE REPORTING DEADLINE FOR THE SMALL BUSINESS HEALTH CARE STUDY GROUP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #05049 to establish the Small Business Health Care Study Group on April 14, 2005; and WHEREAS the Small Business Health Care Study Group is to determine the feasibility and requirements to establish a program in Oakland County that makes affordable health care accessible through small businesses for their employees; and WHEREAS Miscellaneous Resolution #05049 required the Small Business Health Care Study Group to report back within 180 days - on or about October 14, 2005; and WHEREAS the study group, having held 4 meetings since its inception, is in the process of gathering needed information on the contractual relationship and obligations between the state and the county under any proposed health care plan; and WHEREAS the Small Business Health Care Study Group would like additional time to exercise its due diligence in order to properly gather and evaluate information prior to presenting a recommendation to the Board of Commissioners through the committee process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes that the reporting date for the Small Business Health Care Study Group be extended to April 14, 2006. Chairperson, we move the adoption of the foregoing resolution. WILLIAM MOLNAR, JEFF POTTER, WILLIAM PATTERSON, CHUCK MOSS, BILL BULLARD, TIM MELTON, HUGH CRAWFORD, THOMAS MIDDLETON, GREG JAMIAN Moved by Molnar supported by Melton the resolution be adopted. Discussion followed. Vote on resolution: AYES: Nash, Palmer, Patterson, Potter, Rogers, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss. (23) NAYS: Scott. (1) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. October 6, 2005 505 MISCELLANEOUS RESOLUTION #05250 BY: Helaine Zack, District #22 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF PLEASANT RIDGE – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Pleasant Ridge has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Pleasant Ridge is $893.33 from the West Nile Virus Fund as repayment to the City of Pleasant Ridge for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Pleasant Ridge as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $893.33 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Pleasant Ridge for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. HELAINE ZACK Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, West Nile Virus Fund Reimbursement Request, Attachment A – Project Description, Attachment B – Governing Body Resolution, and Attachment C – Expense Invoices on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Mattie Hatchett addressed the Board and stated she invited the 15 victims of Hurricane Katrina, who were present at the Board of Commissioners meeting, to have breakfast in the Oakland Room Cafe. Commissioner Hatchett asked if there were any persons present who wished to contribute to the cause, please feel free to do so. The Board adjourned at 11:56 a.m. to the call of the Chair or October 27, 2005, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk/Register of Deeds Chairperson