HomeMy WebLinkAboutMinutes - 2005.10.27 - 8379506
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
October 27, 2005
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:56 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Jamian, Kowall, Long,
Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Wilson, Woodward, Zack. (23)
EXCUSED ABSENCE WITH NOTICE: Hatchett. (1)
EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1)
Quorum present.
Invocation given by Charles Palmer.
Pledge of Allegiance to the Flag.
Moved by Wilson supported by Gregory the minutes of the October 6, 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 agenda be amended to move General Government
Committee, item (c) on the Regular Agenda – MISCELLANEOUS RESOLUTION #05241 – BUILDING
AUTHORITY – AUTHORIZATION TO ENTER INTO AN AGREEMENT INVOLVING THE OAKVIDEO
PROJECT to Planning and Building Committee item (e).
AYES: Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Jamian, Kowall, Long,
Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Wilson, Woodward, Zack. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
Chairperson Bill Bullard, Jr. welcomed County Executive L. Brooks Patterson to address the Board.
County Executive L. Brooks Patterson along with Chairperson Bill Bullard, Jr., and Commissioner Chuck
Moss presented the National Institute of Government Purchasing’s Outstanding Agency Accreditation
Achievement Award to Joe Hylla, Manager of the Purchasing Division, who accepted the award on behalf
of the Oakland County Purchasing Division.
Commissioners Minutes Continued. October 27, 2005
507
County Executive L. Brooks Patterson along with Chairperson Bill Bullard, Jr., and Commissioner Chuck
Moss presented a proclamation to Joe Hylla, Manager of the Purchasing Division, who accepted on
behalf of the Oakland County Purchasing Division, honoring them for their outstanding degree of
competency and extraordinary service to the residents of Oakland County. They commended and
congratulated the Oakland County Purchasing Division on receiving the National Institute of Government
Purchasing’s Outstanding Agency Accreditation Achievement Award. This award is an honor that only 28
counties in the nation have achieved. Joe Hylla, Manager of the Purchasing Division, after accepting the
award and proclamation addressed the Board.
Commissioner William Patterson and Chairperson Bill Bullard, Jr. presented a proclamation honoring the
Edna Burton Senior Center and Memorial Garden to Edna Burton’s sister Carrie Sutherland. Also in
attendance were: Edna Burton’s grandson, David Adair, B. Jean McCreery, Brandon Township Clerk,
Ron Lapp, Brandon Township Supervisor, and Annette Beach representing the Senior Center.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from L. Brooks Patterson,
County Executive stating that he will serve on the Oakland County Criminal Justice Coordinating Council.
Deputy County Executive Robert J. Daddow will serve as L. Brooks Patterson’s alternate. Deputy County
Executive Gerald D. Poisson will serve as his additional representative. The communication was
received for filing.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from William E. Bolle, Chief
Judge of the 52nd District Court indicating that he and Judge Julie A. Nicholson will participate as
members of the Oakland County Criminal Justice Coordinating Council. Judge Nicholson’s alternate is
Judge Robert Bondy and Judge Dennis C. Drury will act as Judge William E. Bolle’s alternate. The
communication was received for filing.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Judge Preston G.
Thomas, Chief Judge Pro-Tempore, 50th District Court, advising the Board that the Oakland County
District Judges Association nominated and selected Judge Marc Barron, 48th District Court of Bloomfield
Hills, as its representative to the Criminal Justice Coordinating Council. In addition, Judge Michael
Martinez, 50th District Court of Pontiac, was selected as an alternate. The communication was received
for filing.
The following people addressed the Board: Dan Keifer, Mary MacMaster, Bob Prud’homme of
Transportation Riders United, Bill McMaster, Chairman of Taxpayers United, Julie LeBlanc of Four Towns
Citizens Action Team, Larry Hands, Megan Owens, David Reed, Mike Barash, Lisa Bayer, President of
the League of Women Voters – Oakland Area, and John Henry Fullen, Councilman, District 6, City of
Toledo, Ohio.
Moved by Moss supported by Zack the resolutions on the Consent Agenda be adopted. (The vote for this
motion appears on page 520.) The resolutions on the Consent Agenda follow (annotated by an asterisk
{*}).
*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
Commissioners Minutes Continued. October 27, 2005
508
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.
FISCAL NOTE (MISC. #05250)
BY: Finance Committee, Chuck Moss, Chairperson
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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Funding of $893.33 is available in the West Nile Virus Fund for Fiscal Year 2005 to
reimburse the City of Pleasant Ridge 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 520.)
*MISCELLANEOUS RESOLUTION #05251
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – 2005 APPORTIONMENT OF LOCAL TAX
RATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS your Finance Committee on local taxes has examined certificates, statements, papers and
records submitted to it from the various townships, cities and villages having taxes to be spread upon the
Tax Rolls, and has checked these documents with the pertinent laws, specifically Section 37 General
Property Tax Laws, and has caused corrections to be made where necessary; and
WHEREAS your committee has prepared tax certificates showing the certified rates as adjusted by
M.C.L. 211.34, M.C.L. 211.34D, and M.C.L. 211.34E of the General Property Tax Laws, authorized to be
spread against state taxable valuations, which certificates are submitted herewith, and which are the
basis for the tabulation above mentioned, and it is recommended that the Board of Commissioners
authorize the Equalization Director to sign these certificates; and
WHEREAS the electorate of the State of Michigan amended Article IX of the constitution and added
Section 36; and
WHEREAS the legislature, as directed, implemented said legislation under Section 37 of the General
Property Tax Act and the 1976 State School Code, as amended; and
Commissioners Minutes Continued. October 27, 2005
509
WHEREAS the certified rates are subject to M.C.L. 211.36 which allows additional millage to be voted up
to and including December 7, 2005 for schools and, if adopted, up to and including November 8, 2005 for
taxing jurisdictions, as specified in said section; said additional millage(s) would require Board approval
before they could be spread; and
WHEREAS the electorate of the State of Michigan voted to limit school operating levies on homestead
and non-homestead property taxes in accordance with this report.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the
attached certificates with the recommendations herein contained as part of the permanent records of the
Board.
BE IT FURTHER RESOLVED that the Equalization Director be authorized and directed to sign the
several tax certificates on which the attached tabulation was based, thereby authorizing and directing the
various assessing officers to spread the rates against the taxable valuation set forth herein for 2005.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 520.)
*MISCELLANEOUS RESOLUTION #05252
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS - OPPOSITION TO HOUSE BILL 5274 – REQUIRES
COUNTIES TO ASSUME THE STATE’S FINANCIAL OBLIGATION TO PARK AUTHORITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS prior to the passage of P.A. 357 of 2004, counties served as a paying agent on behalf of the
State of Michigan for State Inventory Payments to local Park Authorities, which was funded through a
dedicated millage; and
WHEREAS the passage of Act 357 of 2004 eliminated state revenue sharing appropriations and state
inventory payments; and
WHEREAS state inventory payments were “passed through” the counties to the park authorities and
never included county tax dollars; and
WHEREAS House Bill 5274 was introduced to “correct” the elimination of that funding to local park
authorities; and
WHEREAS House Bill 5274 would require counties to make up the lost funding to park authorities from its
Revenue Sharing Reserve Fund, which is derived from the county general operating millage; and
WHEREAS if passed, House Bill 5274 would require counties to assume the state’s financial obligation to
park authorities; and
WHEREAS House Bill 5274 violates the Headlee Amendment by mandating a new obligation to fund
parks out of county tax proceeds in order to replace state dollars that were eliminated by state legislative
action.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strenuously
objects to the raid on counties’ Revenue Sharing Reserve Fund, which is intended to replace state
revenue sharing dollars.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges its legislative
delegation to reject and defeat House Bill 5274.
BE IT FURTHER RESOLVED that copies of this resolution shall be sent to the Governor,
Representatives and Senators representing Oakland County and the Michigan Association of Counties.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
(The vote for this motion appears on page 520.)
Commissioners Minutes Continued. October 27, 2005
510
*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.
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
Commissioners Minutes Continued. October 27, 2005
511
paying agent shall deliver, transfer and exchange bond certificates as requested by DTC
and any Participant or "beneficial owner" in appropriate amounts in accordance with this
Resolution. DTC may determine to discontinue providing its services with respect to the
bonds at any time by giving notice to the County and the bond registrar and paying agent
and discharging its responsibilities with respect thereto under applicable law or the
County may determine that DTC is incapable of discharging its duties and may so advise
DTC. In either such event, the County shall use reasonable efforts to locate another
securities depository. Under such circumstances (if there is no successor securities
depository), the County and the bond registrar and paying agent shall be obligated to
deliver bond certificates in accordance with the procedures established by this
Resolution. In the event bond certificates are issued, the provisions of this Resolution
shall apply to, among other things, the transfer and exchange of such certificates and the
method of payment of principal of and interest on such certificates. Whenever DTC
requests the County and the bond registrar and paying agent to do so, the County and
the bond registrar and paying agent shall cooperate with DTC in taking appropriate action
after reasonable notice to make available one or more separate certificates evidencing
the bonds to any Participant having bonds certified to its DTC account or to arrange for
another securities depository to maintain custody of certificates evidencing the bonds.
Notwithstanding any other provision of this Resolution to the contrary, so long as any
bond is registered in the name of Cede & Co., as nominee of DTC, all payments with
respect to the principal of, interest on and redemption premium, if any, on such bonds
and all notices with respect to the bonds shall be made and given, respectively, to DTC
as provided in the 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 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
Commissioners Minutes Continued. October 27, 2005
512
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
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
Commissioners Minutes Continued. October 27, 2005
513
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
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 therefore 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.
Commissioners Minutes Continued. October 27, 2005
514
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
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
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.
Commissioners Minutes Continued. October 27, 2005
515
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
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
Commissioners Minutes Continued. October 27, 2005
516
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
Commissioners Minutes Continued. October 27, 2005
517
FISCAL NOTE (MISC. #05242)
BY: Finance Committee, Chuck Moss, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution is requesting that the Board of Commissioners pledge the full faith and
credit of the County of Oakland for the payment of principal and interest on the Oakland
County Rochester Hills Water Supply and Sewage Disposal System Bonds, Series 2005.
2. The bond issue is not to exceed $3,800,000 and is to be used for constructing and
extending the Oakland County Water Supply and Sewage Disposal Systems for
Rochester Hills.
3. The Bonds shall be issued in multiple series, bear an interest rate not to exceed 6% per
annum, will be in aggregate principal amounts, will mature in such years and principal
amounts and will be callable prior to maturity as determined necessary by the County
Agency.
4. The statutory limit for County debt is $7,345,918,835 (10% of State Equalized Value). As
of September 2, 2005, the total pledged debt is $325,377,351 or approximately .44% of
the S.E.V.
5. The Public Corporation participating in the Oakland County Rochester Hills Water Supply
and Sewage Disposal System is the City of Rochester Hills.
6. The revised project cost of $3,800,000 will be 100% apportioned to the City of Rochester
Hills.
7. The City of Rochester Hills will pay for the bonds through connection fees and monthly
service charges for the use of the system charged to the citizens.
8. No budget amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 520.)
*MISCELLANEOUS RESOLUTION #05253
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (THE DETROIT SKATING CLUB,
INC. PROJECT) – CHARTER TOWNSHIP OF BLOOMFIELD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions
of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen
and revitalize the County's economy and to encourage the location and expansion of such enterprises to
provide needed services and facilities to the County and its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of
1974, as amended (the "Act") provides a means for the encouragement of such projects in this County
through the County's Economic Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (The
Detroit Skating Club, Inc. Project) and has designated to this Board of Commissioners a Project Area and
Project District Area for its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies
and approves the Project Area as designated by the EDC.
BE IT FURTHER RESOLVED that it having been determined that the territory surrounding said
designated Project Area will not be significantly affected by the Project because the surrounding territory
is devoted to commercial/industrial uses, a Project District Area having the same description as and
boundaries coterminous with the Project Area herein certified as approved be hereby established.
Commissioners Minutes Continued. October 27, 2005
518
BE IT FURTHER RESOLVED that it having been determined that there are less than eighteen residents,
real property owners, or representatives of establishments located within the Project District Area, a
Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Exhibit A – Property Description and Map on file in County Clerk’s office.
(The vote for this motion appears on page 520.)
*MISCELLANEOUS RESOLUTION #05254
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (THE DETROIT SKATING CLUB,
INC. PROJECT) - CHARTER TOWNSHIP OF BLOOMFIELD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The
Economic Development Corporation of the County of Oakland designating a Project Area and Project
District Area for a project (The Detroit Skating Club, Inc. Project) under the Economic Development
Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland
of two additional directors to the Board of said Economic Development Corporation in connection with
said Project, in accordance with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
appointments of Jan Roncelli and Kathy Rhodes, who are representative of neighborhood residents and
business interests likely to be affected by said Project, to the Board of Directors of The Economic
Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2)
of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if
undertaken, is completed in accordance with the Project Plan therefore.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby
repealed, but only to the extent of such conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Assistant Secretary of the Board of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 520.)
*MISCELLANEOUS RESOLUTION #05255
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2006 OFF-ROAD VEHICLE (ORV) SAFETY EDUCATION
PROGRAM REIMBURSEMENT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan, Department of Natural Resources (DNR), has awarded the Sheriff’s
Office Marine Safety Unit $12,000 for an Off-Road Vehicle Safety Education Program; and
WHEREAS no County match or additional positions are required; and
WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and
WHEREAS the continuation of the program is contingent upon future levels of reimbursement program
funding.
Commissioners Minutes Continued. October 27, 2005
519
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Department of
Natural Resources 2005-2006 ORV Safety Education Program Grant Acceptance Agreement, and that
the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as
attached.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review – Sheriff’s Office, 2005-2006 ORV Safety Education Program Grant Agreement,
and letter from Maureen Kay Houghton, Grant Specialist for Department of Natural Resources on file in
County Clerk’s office.
FISCAL NOTE (MISC. #05255)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2006 OFF-ROAD VEHICLE (ORV) SAFETY EDUCATION
PROGRAM REIMBURSEMENT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The State of Michigan, Department of Natural Resources (DNR), has awarded the
Sheriff’s Office Marine Safety Unit $12,000 for an Off-Road Vehicle Safety Education
Program.
2. No County match or additional positions are required.
3. A budget amendment to the Fiscal Year 2006 budget is recommended as follows:
REVENUE FY 2006
10100-4030601-116200-615571 Grants State $12,000
EXPENDITURES
10100-4030601-116200-702140 Other Misc. Salaries $12,000
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 520.)
*MISCELLANEOUS RESOLUTION #05256
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE/EMERGENCY RESPONSE AND PREPAREDNESS AND OAKLAND
COUNTY SHERIFF – ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the President in Homeland Security Directive (HSPD)-5, directed the Secretary of the
Department of Homeland Security to develop and administer a National Incident Management System
(NIMS), which would provide a consistent nationwide approach for Federal, State, and local governments
to work together more effectively and efficiently to prevent, prepare for, respond to and recover from
domestic incidents, regardless of cause, size or complexity; and
WHEREAS the collective input and guidance from all Federal, State, and local homeland security
partners has been, and will continue to be, vital to the development, effective implementation and
utilization of a comprehensive NIMS; and
WHEREAS it is necessary and desirable that all Federal, State, and local emergency agencies and
personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident
management; and
WHEREAS to facilitate the most efficient and effective incident management it is critical that Federal,
State, and local organizations utilize standardized terminology, standardized organizational structures,
interoperable communications, consolidated action plans, unified command structures, uniform personnel
qualification standards, uniform standards for planning, training, and exercising, comprehensive resource
management, and designated incident facilities during emergencies or disasters; and
Commissioners Minutes Continued. October 27, 2005
520
WHEREAS the NIMS standardized procedures for managing personnel, communications, facilities and
resources will improve the county’s ability to utilize federal funding to enhance local agency readiness,
maintain first responder safety, and streamline incident management processes; and
WHEREAS the Incident Command System components of NIMS are already an integral part of various
county incident management activities, including current emergency management training programs; and
WHEREAS the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of
a standardized Incident Command System.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes the
National Incident Management System (NIMS) as the County standard for incident management.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Moved by Moss supported by Zack the resolutions on the Consent Agenda be adopted.
AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Jamian, Kowall, Long, Melton,
Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard. (23)
NAYS: (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted.
REPORT (MISC. #05233)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – DEFERRAL OF ELECTIONS SYSTEMS LEASE TO
PURCHASE PAYMENTS FROM LOCAL COMMUNITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution #05233 on
October 17, 2005, reports with a recommendation that the resolution be adopted. The General
Government Committee also recommends that this resolution be referred to the Finance Committee, as
this issue has to do with payments to the County from local communities.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #05233
BY: Commissioner Helaine Zack, District #22
IN RE: BOARD OF COMMISSIONERS - DEFERRAL OF ELECTIONS SYSTEMS LEASE TO
PURCHASE PAYMENTS FROM LOCAL COMMUNITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Michigan’s cities and townships are currently in the process of migrating from mechanical
voting machines, paper ballots and punch card voting systems that use “central count” tabulation
technology and are moving toward optical scan voting systems that use “precinct based” tabulation
technology; and
WHEREAS the federal funding available under the Help America Vote Act of 2002 provides
unprecedented opportunities for improvements in Michigan’s elections system; and
WHEREAS the Michigan Legislature adopted legislation in 2002 – calling for the implementation of a
statewide, uniform voting system (PA 91 of 2002). The legislation directed the Secretary of State to
proceed with the implementation of a statewide, uniform voting system after the selection of the voting
system best suited for the State’s needs; and
WHEREAS the Michigan Secretary of State has reported that the state and local communities are eligible
for approximately $9.9 million under Section 101 of the Help America Vote Act; and
WHEREAS prior to the enactment of HAVA legislation, Oakland County was pro-active and assisted local
communities in acquiring new precinct-based optical scan voting systems at an affordable cost by
Commissioners Minutes Continued. October 27, 2005
521
entering into Lease to Purchase Agreements to provide voting equipment directly to local cities, villages
and townships; and
WHEREAS in November 2004, the Michigan Secretary of State issued a memo indicating that the local
jurisdictions that purchased a new precinct-based optical scan voting system after November 2000 and
before August 2003 are eligible for reimbursement under HAVA; and
WHEREAS some local communities in Oakland County are eligible for HAVA reimbursements for the
older voting systems acquired through the Lease to Purchase Agreement with Oakland; and
WHEREAS because of the terms of the Elections Systems Lease to Purchase Agreement, the local
jurisdictions are still responsible for lease payments that could extend into 2007 for the older voting
equipment which is no longer in compliance with the State's HAVA specifications; and
WHEREAS this scenario places local communities at an unfair disadvantage, especially during fiscally
challenging times, of being obligated to make payments on voting equipment that can not be used.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the terms of the Elections Systems Lease to Purchase Agreements entered into with local
communities to be modified to allow a deferral of current lease payments until September 30, 2006, in
anticipation that the State Bureau of Elections and Secretary of State's Office will be processing
reimbursements to local jurisdictions within that timeframe.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the State Bureau
of Elections and Secretary of State's Office to expeditiously process the reimbursements to Oakland
County's cities, villages and townships which acquired optical scan voting systems after November 2000
and before August 2003 that are eligible for reimbursement in accordance with the Help America Vote
Act.
Chairperson, we move the adoption of the foregoing resolution.
HELAINE ZACK, MARCIA GERSHENSON,
MATTIE HATCHETT, TIM MELTON, ERIC
COLEMAN, VINCENT GREGORY, JIM NASH,
DAVID WOODWARD, WILLIAM PATTERSON
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #05245)
BY: General Government Committee, William R. Patterson, Chairperson
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:
The General Government Committee, having reviewed Miscellaneous Resolution #05245 on
October 17, 2005, reports with a recommendation that the resolution be amended, as follows:
1. Amend the title of the resolution, as follows:
Board of Commissioners – Support for Investment in Quality Transit Along the
Woodward Corridor in Southeast Michigan
2. Amend the 1st WHEREAS paragraph, as follows:
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
3. Amend the 3rd WHEREAS paragraph, as follows:
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 in Southeast Michigan will
become more vibrant and regional efficiency will increase, thereby reducing costs
to Oakland County taxpayers; and
4. Amend the BE IT FURTHER RESOLVED paragraph, as follows:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
supports 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.
Commissioners Minutes Continued. October 27, 2005
522
5. Add an additional BE IT FURTHER RESOLVED paragraph, as follows:
BE IT FURTHER RESOLVED that copies of this adopted resolution should be
sent to the State Legislature, SEMCOG, MDOT, the Road Commission of
Oakland County and the legislative lobbyists for Oakland County.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
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
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
Moved by Rogers supported by Patterson the resolution be adopted.
Moved by Rogers supported by Patterson the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Rogers supported by Patterson the resolution be amended to coincide with the
recommendation in the General Government Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Moved by Woodward supported by Zack the resolution be amended in the last “BE IT FURTHER
RESOLVED” paragraph, to read as follows:
Commissioners Minutes Continued. October 27, 2005
523
BE IT FURTHER RESOLVED that copies of this adopted resolution should be sent to the State
Legislature, SEMCOG, MDOT, the Eight Mile Boulevard Association, the Woodward Avenue
Action Association, the Oakland County Business Roundtable, all Oakland County Cities,
Villages, Townships, the Road Commission of Oakland County and the legislative lobbyists for
Oakland County.
A sufficient majority having voted in favor, the amendment carried.
Commissioner Middleton, as a “point of order” asked for clarification of the amendment stated in the
General Government Committee report.
Discussion followed.
Vote on resolution, as amended:
AYES: Crawford, Gershenson, Gregory, Jamian, Melton, Middleton, Molnar, Moss, Nash,
Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard,
Coulter. (20)
NAYS: Douglas, Kowall, Long. (3)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
REPORT (MISC. #05248)
BY: General Government Committee, William R. Patterson, Chairperson
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:
The General Government Committee, having reviewed Miscellaneous Resolution #05248 on
October 17, 2005, reports with a recommendation that the resolution be amended, as follows:
1. Amend the 4th WHEREAS paragraph, as follows:
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; and
2. Amend the NOW THEREFORE BE IT RESOLVED paragraph, as follows:
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 and eliminate the associated
classifications.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
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
Commissioners Minutes Continued. October 27, 2005
524
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.
THOMAS MIDDLETON, EILEEN KOWALL,
JOHN SCOTT, SUE ANN DOUGLAS, JEFF
POTTER, TIM MELTON
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE HURON CLINTON
METROPOLITAN AUTHORITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the vacancy on the Huron Clinton Metropolitan
Authority, due to the death of James Clarkson, recommends the filling of the seat, as follows:
HURON CLINTON METROPOLITAN AUTHORITY (Six-year term ending 5/15/2006)
Peter Walters
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Peter Walters Application Form for Appointment to Boards, Committees, and Commissions on file
in County Clerk’s office.
Moved by Long supported by Patterson the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Patterson the appointment of Peter Walters to the Huron Clinton
Metropolitan Authority for a six-year term ending May 15, 2006, be confirmed.
Chairperson Bill Bullard asked if there were any other nominations. There were none.
Commissioners Minutes Continued. October 27, 2005
525
Vote on appointment:
AYES: Douglas, Gershenson, Gregory, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss,
Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard,
Coulter, Crawford. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointment of Peter Walters to the Huron Clinton
Metropolitan Authority for a six-year term ending May 15, 2006 was confirmed.
MISCELLANEOUS RESOLUTION #05257
BY: Personnel Committee – Gregory Jamian, Chairperson
IN RE: HUMAN RESOURCES – AUTHORIZE THE COUNTY TO SUPPLEMENT PAY AND PROVIDE
MEDICAL BENEFITS FOR DEPENDENTS OF EMPLOYEES CALLED TO ACTIVE MILITARY DUTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 1991 during the Desert Storm Crisis in the Persian Gulf, the Oakland County Board of
Commissioners adopted Miscellaneous Resolutions #91001 and #91047, which authorized the County to
supplement military pay of employees called to active military duty; and
WHEREAS as a result of the September 11th act of terrorism against the United States, the Oakland
County Board of Commissioners approved Miscellaneous Resolution #01269 authorizing the County to
supplement the military pay and provide medical benefits for employees called to active military duty as a
result of the September 11 attack; and
WHEREAS employee activation for military service has continued due to military activity occurring in the
Middle East and more recently for natural disasters such as hurricane Katrina; and
WHEREAS Oakland County remains committed to supporting the Oakland County employees, who out of
commitment to the protection of our country, have dedicated their time and energy to serve as military
reservists.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
County to supplement, through December 31, 2006, the military pay for employees currently called to
active duty so that they will receive total pay equal to their County compensation retroactive to the date of
their military call-up.
BE IT FURTHER RESOLVED that compensation be defined as the employee’s published base salary
and service increment rate at the time of call-up, plus any merit increases or service increment changes
which could be scheduled if the employee were actively working at the County. The supplement will equal
the employee’ compensation, less the employee’s total military pay for the period for which the
supplement is being computed.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the County to
provide, through December 31, 2006, the medical benefits of dependents of employees currently called to
active duty, so that they will receive the normal medical benefits retroactive back to the date of the
employee’s military call-up.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #05258
BY: Personnel Committee, Gregory Jamian, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - RETIREMENT HEALTH SAVINGS PLAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has always been on the forefront of new and innovative ideas that keep the
county financially sound, yet provide benefits for its employees that are in line with the business
community; and
WHEREAS the escalation of health care costs have been continuously monitored and assessed by the
County; and
Commissioners Minutes Continued. October 27, 2005
526
WHEREAS the cost of retiree health care continues to escalate at a rate exceeding inflation making it
necessary to develop economical alternatives; and
WHEREAS the 2004 Kaiser/HRET Survey of Employer - Sponsored Health Benefits found the number of
large employers offering medical benefits to retirees dropped from 66% in 1998 to 36% in 2004, and 8%
of employers eliminated subsidized medical benefits for future retirees last year and 11% are likely to
terminate them this year; and
WHEREAS retirement health care benefits for new employees should be adjusted to better reflect the
marketplace and to further contain costs while maintaining a reasonable competitive employee
compensation package; and
WHEREAS a "Retirement Health Savings Plan" alternative would allow the County to further contain
costs while offering employees a plan in which to save for health care upon retirement; and
WHEREAS the plan also allows employees currently covered by the County's retirement health plan the
option to contribute to the Retirement Health Savings Plan.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Retirement Health
Savings Plan for full-time Eligible employees hired on or after January 1, 2006, as contained in the
attached report and that the Retirement Health Savings Plan shall be the only retiree health, dental, and
vision plan available for employees hired after this date.
BE IT FURTHER RESOLVED that part-time eligible employees hired on or after January 1, 2006, will not
be eligible for County contributions to the retirement health savings account nor are they eligible for any
retiree health, dental, or vision coverage.
BE IT FURTHER RESOLVED that the assets of the plan shall be held in trust, with the County Voluntary
Employees' Beneficiary Association (VEBA) Board serving as trustee, for the exclusive benefit of Plan
participants and their beneficiaries.
BE IT FURTHER RESOLVED that the County's contribution for full-time eligible employees hired on or
after January 1, 2006, shall be $50 bi-weekly. The County's contribution applies to non-represented
employees and represented employees whose collective bargaining agreement provides for this change.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Copy of VantageCare Retirement Health Savings Plan booklets, Summary of Retirement Health Savings
Account on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #05259
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: OAKLAND COUNTY DRAIN COMMISSIONER AND DEPARTMENT OF FACILITIES
MANAGEMENT - CONVEYANCE OF COUNTY OWNED PROPERTY TO THE CHARTER TOWNSHIP
OF WATERFORD, TAX PARCEL NO. 13-32-301-021
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Parcel No. 13-32-301-021 located in the Charter
Township of Waterford, Oakland County, described as:
The West 50.00-feet of Lot 16, Supervisor’s Plat No. 55 part of the West ½ of the Southwest ¼ of
Section 32, T3N, R9E, Township of Waterford, Oakland County, Michigan, according to the plat
thereof as recorded in Liber 62 of Plats, page 20, Oakland County Records. Tax Parcel No. 13-
32-301-021, commonly known as: 6864 Cooley Lake Road.
WHEREAS the subject parcel was acquired in 1970 by the former Oakland County Department of Public
Works for the purpose of constructing sanitary sewer facilities in Waterford Township; and
WHEREAS the Charter Township of Waterford as owner and operator of its sanitary sewer system has
requested that the subject sanitary sewer pumping station parcel be conveyed to the township; and
WHEREAS the Drain Commissioner has been reimbursed all acquisition and construction expenses by
Waterford Township; and
WHEREAS the departments of the Oakland County Drain Commissioner and Facilities Management
having reviewed the request to convey the property to Waterford Township have no objections to the
conveyance; and
Commissioners Minutes Continued. October 27, 2005
527
WHEREAS all necessary documentation has been prepared and/or reviewed by Oakland County
Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that given the special and unique circumstances related to the
original acquisition and subsequent use of the subject property and in consideration of the health, safety
and welfare value that such conveyance will afford the citizens of Waterford Township, the Oakland
County Board of Commissioners hereby waive the Provisions of Board Rule XI, D, 7 (Appendix C) and
approve the conveyance of the above described parcel to the Charter Township of Waterford for the sum
of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the necessary property transfer documents.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Quit Claim Deed on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #05241)
BY: Finance Committee, Chuck Moss, 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 Finance Committee, having reviewed the above-mentioned resolution on October 20, 2005, reports
that:
1. Recommends that the 7th WHEREAS paragraph be amended as follows:
WHEREAS Oakland County has sought and obtained the services of an outside
copyright attorney and, through the efforts of Corporation Counsel, has filed a
copyright with the federal government in order to protect the County’s interest in
the intellectual product; and
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
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.”
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. October 27, 2005
528
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 Miscellaneous 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.
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.
Commissioners Minutes Continued. October 27, 2005
529
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
FISCAL NOTE (MISC. #05241)
BY: Finance Committee, Chuck Moss, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced and
finds:
1. The OakVideo system, which was developed through a Building Authority project and
funded by Oakland County bonds and the Copsmore grant, is recorded as an asset in the
Oakland County CLEMIS fund.
2. Revenues derived from this project will go toward the current and long-term operations
and maintenance of the OakVideo project, which may include paying down the Building
Authority debt service.
FINANCE COMMITTEE
Moved by Palmer supported by Wilson the resolution be adopted.
Moved by Palmer supported by Wilson the Finance Committee Report, General Government Committee
Report, and the Planning and Building Report be accepted.
A sufficient majority having voted in favor, the reports were accepted.
Moved by Wilson supported by Palmer the resolution be amended to coincide with the recommendation
in the Finance Committee Report, and the General Government Committee Report.
Commissioners Minutes Continued. October 27, 2005
530
A sufficient majority having voted in favor, the amendments carried.
Moved by Wilson supported by Coulter the Fiscal Note be amended, as follows:
FISCAL NOTE (MISC. #05241)
BY: Finance Committee, Chuck Moss, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
and finds:
1. The OakVideo system, which was developed through a Building Authority project
and funded by Oakland County bonds and the Copsmore grant, is recorded as
an asset in the Oakland County CLEMIS fund.
2. Revenues derived from this project will go toward the current and long-term
operations and maintenance of the OakVideo project, which may include paying
down the Building Authority debt service.
2. That a new OakVideo revenue account be created in the CLEMIS Fund
under Other Revenues for revenues derived from the OakVideo License
Agreement royalty fees.
3. Revenues from this initiative shall not be expended until appropriated by
the Board of Commissioners.
4. Annual revenues derived from the OakVideo license agreement, if any, that
exceed the amount required to support the operations and maintenance of
the OakVideo project, may be transferred by action of the Oakland County
Board of Commissioners to reduce the Building Authority debt service
limited to the debt for the OakVideo project.
FINANCE COMMITTEE
Discussion followed.
Vote on Fiscal Note amendment:
AYES: Gershenson, Gregory, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash,
Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford,
Douglas. (22)
NAYS: Palmer. (1)
A sufficient majority having voted in favor, the amendment carried.
Moved by Wilson supported by Coulter the resolution be amended in the 4th BE IT FURTHER
RESOLVED paragraph to read as follows:
BE IT FURTHER RESOLVED that royalties received under the terms of the attached Agreement,
if any, are to be deposited into a special account within the Oakland County General Fund
identified for this purpose an OakVideo revenue account in the CLEMIS Fund under “Other
Revenues”. Revenues from this initiative shall not be expended until appropriated by the
Board of Commissioners.
Moved by Wilson supported by Coulter the resolution be further amended by adding the following as a 5th
BE IT FURTHER RESOLVED paragraph to read as follows:
BE IT FURTHER RESOLVED that annual revenues derived from the OakVideo license
agreement, if any, that exceed the amount required to support the operations and
maintenance of the OakVideo project, may be transferred by action of the Oakland County
Board of Commissioners to reduce the Building Authority debt service limited to the debt
for the OakVideo project.
Discussion followed.
Commissioners Minutes Continued. October 27, 2005
531
Vote on Wilson’s amendment:
AYES: Gregory, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer,
Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford,
Douglas, Gershenson. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the amendment carried.
Moved by Wilson supported by Coulter the resolution, as amended, be adopted.
Vote on resolution, as amended:
AYES: Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter,
Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas,
Gershenson, Gregory. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #05260
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES
AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD 2004-2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Springfield Township to provide law enforcement services to this community; and
WHEREAS the Charter Township of Springfield has contracted with the Oakland County Sheriff's Office
to provide law enforcement services for the Township (Miscellaneous Resolution #03355); and
WHEREAS the current Law Enforcement Services Agreement with the Charter Township of Springfield will
expire on December 31, 2008; and
WHEREAS paragraph 24 of the 2004-2008 Law Enforcement Services Agreement with the Charter
Township of Springfield allows for an amendment to this agreement; and
WHEREAS the Charter Township of Springfield is requesting the addition of one (1) Patrol Investigator
which would bring the total number of contracted positions to eleven (11); and
WHEREAS the Sheriff has agreed to add one (1) Patrol Investigator (Deputy II position) for the Charter
Township of Springfield under the terms of this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
addition of one (1) Patrol Investigator in accordance with the Oakland County Sheriff's Department 2004-
2008 Law Enforcement Services Agreement with the Charter Township of Springfield.
BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Contracted Patrol Unit,
Patrol Services Division of the Sheriff’s Office effective January 1, 2006.
BE IT FURTHER RESOLVED that one (1) unmarked vehicle with mobile and prep radio be added to the
County fleet effective January 1, 2006.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. October 27, 2005
532
CHARTER TOWNSHIP OF SPRINGFIELD
SCHEDULE A - as amended 1/1/06
Sheriff's Deputies Contracted for and to be Assigned to Municipality
Rank(s) of
Sheriff's
Deputies
Number(s) of
Sheriff's
Deputies
Contracted
Bi-Weekly
Charge to
Municipality
in 2004
Bi-Weekly
Charge to
Municipality
in 2005
Bi-Weekly
Charge to
Municipality
in 2006
Captain $5,323.50 $5,528.04 $5,712.15
Lieutenant $4,556.12 $4,738.65 $4,906.81
Patrol Sergeant $4,151.00 $4,320.62 $4,479.69
Detective
Sergeant
1 $4,232.69 $4,402.69 $4,560.81
Deputy II (w/fill) 9 $4,403.38 $4,582.73 $4,749.69
Deputy II (no-fill) $3,708.62 $3,861.04 $4,006.35
Deputy II (no-
fill/no-vehicle)
$3,538.77 $3,691.19 $3,829.12
Patrol
Investigator
(no-fill)
1 $3,790.31 $3,943.15 $4,087.46
Deputy I (no-fill) $2,996.65 $3,121.50 $3,244.62
TOTAL 11
NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the O.C.S.D. shall, at no
additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide
LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL-
IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those
reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above.
NOTE: No Trainees shall be assigned by the O.C.S.D. to perform the duties of any SHERIFF'S DEPUTY
contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this
Agreement.
CHARTER TOWNSHIP OF SPRINGFIELD
SCHEDULE A-1 as amended 1/1/06
Sheriff's Deputies Contracted for and to be Assigned to Municipality
Rank(s) of
Sheriff's
Deputies
Number(s)
of Sheriff's
Deputies
Contracted
Bi-Weekly
Charge to
Municipality
in 2007
Bi-Weekly
Charge to
Municipality
in 2008
Captain $5,898.58 $6,093.62
Lieutenant $5,076.81 $5,254.92
Patrol Sergeant $4,638.85 $4,813.19
Detective Sergeant 1 $4,720.42 $4,887.85
Deputy II (w/fill) 9 $4,916.96 $5,099.65
Deputy II (no-fill) $4,151.30 $4,311.04
Deputy II
(no-fill/no-vehicle)
$3,974.08 $4,126.42
Patrol
Investigator (no-fill)
1 $4,232.88 $4,385.65
Deputy I (no-fill) $3,366.73 $3,502.92
TOTAL 11
NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the O.C.S.D. shall, at no
additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide
LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL-
IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those
reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above.
Commissioners Minutes Continued. October 27, 2005
533
NOTE: No Trainees shall be assigned by the O.C.S.D. to perform the duties of any SHERIFF'S DEPUTY
contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this
Agreement.
OAKLAND COUNTY SHERIFF'S DEPARTMENT
2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF SPRINGFIELD
Amendment #1
Pursuant to paragraph 24 of the 2004-2008 Law Enforcement Services Agreement between the COUNTY
and CHARTER TOWNSHIP OF SPRINGFIELD, the parties hereby agree to amend said contract in
accordance with the attached Schedule A and A-1.
All other contractual provisions, of the 2004-2008 Law Enforcement Services Agreement not otherwise
affected by the attached Schedules, remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, set forth in this
Amendment 1 to the 2004-2008 Law Enforcement Services Agreement, ("Amendment") and for other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
undersigned hereby execute this Amendment on behalf of the Parties, and by doing so legally obligate
and bind the Parties to the terms and conditions of this Contract.
IN WITNESS WHEREOF, Collin W. Walls, SUPERVISOR, of the Charter Township of Springfield, hereby
acknowledges that he has been authorized by a resolution of the Township Board, to execute this
Amendment on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and
conditions of this Amendment.
EXECUTED: __________________________ DATE: _______________
Collin W. Walls, Supervisor
WITNESSED: __________________________ Clerk DATE: _______________
Charter Township of Springfield
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, to execute this Amendment on behalf of Oakland County, and hereby accepts and binds
Oakland County to the terms and conditions of this Amendment.
EXECUTED: __________________________ DATE: _______________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: _________________________ DATE: _______________
Ruth Johnson, Clerk
County of Oakland
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #05261
BY: Commissioners Mattie McKinney Hatchett, District #10 and Tim Melton, District #11
IN RE: BOARD OF COMMISSIONERS - RESOLUTION ACCEPTING REQUEST FROM THE CITY OF
PONTIAC FOR LOCAL ASSISTANCE PROJECT THROUGH THE OAKLAND COUNTY BUILDING
AUTHORITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on October 6, 2005, the City Council of the City of Pontiac adopted a resolution authorizing
the Finance Director of the City of Pontiac to submit an application (the “Application”) for local assistance
from the County of Oakland (the “County”) through the Oakland County Building Authority (the “Authority”)
to finance the approximately $19.6 million project described in Appendix A attached hereto (the “Project”)
which Application has been submitted; and
WHEREAS the Project consists of the financing of cash expenditures made to the Phoenix Plaza, as part
of the Plaza's Master Plan, including construction of stairs and other improvements to the Amphitheater;
and
WHEREAS the Project also includes financing of additional improvements, most notably, the addition of
permanent seating in the Amphitheater; and
Commissioners Minutes Continued. October 27, 2005
534
WHEREAS the Project includes refinancing of all or a portion of the currently outstanding City of Pontiac
General Building Authority Bonds, Series 2002. The amount of such refunding will be determined at the
time of the sale; and
WHEREAS in order for the County to proceed with processing the Application, the Board of
Commissioners must adopt a resolution approving the request; and.
WHEREAS the Board of Commissioners wishes to authorize proceeding with the steps to be followed for
the Project.
NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners of the County of Oakland,
pursuant to the policy and procedures established in Miscellaneous Resolution #01182, accepts the
application from the City of Pontiac for the "Project" requesting local assistance from the County of
Oakland through the Oakland County Building Authority for the financing of an approximately $19.6
million project (as described in the application); and
BE IT FURTHER RESOLVED that:
1. The Project described in Appendix A attached hereto is authorized to be received and
referred to the Planning and Building Committee.
2. The Review Committee provided for by Miscellaneous Resolution #01182 adopted by this
Board of Commissioners on July 19, 2001, (the “Resolution”) shall proceed to review the
Project and submit a recommendation, in accordance with the Resolution approved by
the Board of Commissioners.
3. All activities involved in the refinancing of existing bonds and financing of new debt for
this Project shall comply with the standing rules of the Board of Commissioners,
Miscellaneous Resolution #01182 and the procedures established by Oakland County for
Local Assistance Projects funded through the Oakland County Building Authority.
BE IT FURTHER RESOLVED that following the Board of Commissioner's approval of the City of Pontiac
application for a Local Assistance Project through the Oakland County Building Authority, the Oakland
County Board of Commissioners will initiate through its committee process the consideration of a
Resolution Authorizing Publishing the Notice of Intent and Approving Contract, a Resolution Approving
the Refunding and a Resolution Approving Sublease with the City of Pontiac, if applicable.
Chairperson, we move the adoption of the foregoing resolution.
TIM MELTON, MATTIE HATCHETT
Copy of Application for Assistance with Local Building Project, Schedule of Estimated Revenues Debt
Service and Coverage, Summary of Project Costs, Attachment A – Resolution of the Pontiac City Council,
Attachment B – Financial Questionnaire, Attachment C – Residential Property Profile, Attachment D –
Site Plan and Area Map, Attachment E – Verification of Property Information, Attachment F –
Environmental Assessment Checklist, and Memo from Bob Daddow regarding Pontiac Bond Issue –
Application on file in County Clerk’s office.
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #05262
BY: Commissioners Eric S. Wilson, William R. Patterson, and David Coulter
IN RE: CIRCUIT COURT – SUPPORT LEGISLATION AUTHORIZING ADDITION OF ONE (1) CIRCUIT
JUDGESHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State Court Administrative Office (SCAO) has completed its biennial review of the judicial
resource needs of Michigan’s trial courts; and
WHEREAS following an analysis of caseload information, resources, demographics and other factors
affecting the workload of the trial courts, the SCAO determined that the Oakland County Circuit Court is in
need of 4.4 new judgeships; and
WHEREAS the SCAO recommends the addition of one (1) new circuit judgeship effective
January 1, 2007, and that the issue of judicial resources be revisited in the next biennial judicial resources
review process; and
Commissioners Minutes Continued. October 27, 2005
535
WHEREAS the Circuit Court concurs with the SCAO recommendation that one (1) new judgeship be
added effective January 1, 2007; and
WHEREAS the creation of a new judgeship requires statutory authorization by the Legislature and
approval by the court’s funding unit; and
WHEREAS the Legislature is expected to consider statutory authorization in the 2005 Fall Term; and
WHEREAS the Legislature, prior to its consideration of statutory authorization, will require statements of
support from the funding units of the trial courts for which new judgeships have been recommended.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
adoption of authorizing legislation to create one (1) new judgeship in the Oakland County Circuit Court in
accordance with the recommendation of the State Court Administrative Office.
BE IT FURTHER RESOLVED that the Board of Commissioners will defer consideration of a new
judgeship until authorizing legislation has been enacted and the budgetary, personnel and
construction/renovation issues associated with the new judgeship have been identified, addressed and
resolved.
BE IT FURTHER RESOLVED that the County Clerk is directed to send a certified copy of this resolution
to all Oakland County legislators and the State Court Administrative Office.
Chairperson, we move the adoption of the foregoing resolution.
ERIC WILSON, WILLIAM PATTERSON,
WILLIAM MOLNAR, EILEEN KOWALL,
THOMAS MIDDLETON, JOHN SCOTT, MIKE
ROGERS, JEFF POTTER
The Chairperson referred the resolution to the Public Services Committee. There were no objections.
The Board adjourned at 11:19 a.m. to the call of the Chair, or November 10, 2005, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson