HomeMy WebLinkAboutMinutes - 2006.01.19 - 83831
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
January 19, 2006
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:35 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett,
Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter,
Rogers, Scott, Suarez, Wilson, Woodward, Zack. (25)
EXCUSED ABSENCE WITH NOTICE: None. (0)
Quorum present.
Invocation given by Mike Rogers.
Pledge of Allegiance to the Flag.
Moved by Gregory supported by Potter the minutes of the December 8, 2005, Board Meeting be
approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Kowall supported by Coulter to approve and close the Journal for 2005 Session and adjourn
the 2005 Session Sine Die.
AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian,
Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott,
Suarez, Wilson, Woodward, Zack. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion carried.
ANNUAL SESSION
The 2006 Session was called to order by County Clerk Ruth Johnson at 9:38 a.m.
Commissioners Minutes Continued. January 19, 2006
2
Roll called.
PRESENT: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian,
Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott,
Suarez, Wilson, Woodward, Zack, Bullard. (25)
EXCUSED ABSENCE WITH NOTICE: None. (0)
Quorum present.
Moved by Kowall supported by Coulter the rules be suspended and the agenda be amended to add a
Proclamation to be presented to Frank Torre, move General Government, item (a) from the Consent
Agenda to the Regular Agenda to allow the Fiscal Note to be amended and voted on separately, move
Planning and Building, item (a) from the Consent Agenda to the Regular Agenda to be amended and
voted on separately, and to allow for suspension of the rules to introduce and give immediate
consideration to Miscellaneous Resolution #06015 – BOARD OF COMMISSIONERS – TRI-COUNTY
SUMMIT 2006 and Miscellaneous Resolution #06016 – BOARD OF COMMISSIONERS – SUPPORT OF
LEGISLATION (SENATE BILL 965 AND SENATE BILL 966) TO RESTORE PARKS SYSTEMS’
FUNDING AS A STATE OBLIGATION.
AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long,
Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Wilson, Woodward, Zack, Bullard, Coleman. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and amend the Agenda
carried.
Michael Zehnder, Director of Public Services, presented a proclamation to Frank Torre in appreciation of
Mr. Torre agreeing to reimburse the County for all funds advanced to the Road Commission on his behalf
in the paving of the road in the Great Lakes National Cemetery.
Chairperson Bill Bullard, Jr. along with Vice-Chairperson Hugh Crawford, on behalf of all the Oakland
County Board of Commissioners, presented a proclamation to Oakland County Retirement Board
Member Dennis L. Murphy honoring him for his service as a former Oakland County Commissioner and
member of the Oakland County Employees Retirement Board since 1982. The Commissioners honored
him for his professionalism and outstanding leadership and years of service.
Commissioner Eric Wilson introduced the members of the Lake Orion Dragons High School Marching
Band along with their Band Director, Michael Steele. The band played the Star Spangled Banner and the
Lake Orion High School Fight Song.
Commissioner Wilson along with Commissioners Tom Middleton and William Patterson presented a
proclamation to the Lake Orion Dragons High School Marching Band honoring them for their outstanding
achievements in winning many honors over the years in band competitions on local, regional and state
levels. The most recent honor bestowed upon the band is being selected to perform in the National
Memorial Day Parade in Washington D.C. Band Director, Michael Steele accepted on behalf of the
marching band and addressed the Board.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Oakland County
Executive L. Brooks Patterson re-appointing Ms. Judith Cunningham and Mr. Gordon Snavely to the
Claims Review Committee. The communication was received for filing.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson
Bill Bullard, Jr. appointing Commissioner Greg Jamian to replace Chuck Moss on the Orange Lake
Improvement Board for a term ending December 31, 2006. The communication was received for filing.
Commissioners Minutes Continued. January 19, 2006
3
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson
Bill Bullard, Jr. resigning from the Lake Improvement Boards on the following lakes in Springfield
Township: Big Lake, Dixie Lake, and Susin Lake. Chairperson Bill Bullard, Jr. appointed Commissioner
Eileen Kowall to the Big Lake, Dixie Lake, and Susin Lake Improvement Boards for the remainder of his
term expiring on December 31, 2006. Chairperson Bill Bullard, Jr., thanked Commissioner Kowall for
filling the remainder of his term. The communication was received for filing.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson
Bill Bullard, Jr. appointing the following individuals to serve on the Community and Home Improvement
Citizens Advisory Council for a term ending December 31, 2006:
LOCAL OFFICIALS: Rod Cook, South Lyon Manager; Joseph Ferrari, Oxford Twp. Treasurer;
Don Green, Milford Twp. Supervisor; Michael McReynolds, City of Oak Park; Mary Ann Miller,
Auburn Hills; Bill Richards, Jr., City of Farmington.
CITIZENS AT LARGE: Ramona Benbow, Marc Craig, Monica Duncan, Joan Fogler, Wayne
Hogan, Bethany Holland, Samuel Lamerato, Brenda Peek, Dena Potter, Mary Ann Verdi-Hus.
TWO CITIZEN ALTERNATES: Lou Vader, Dorothy Webb.
Moved by Moss supported by Suarez the appointments be confirmed.
A sufficient majority having voted in favor, the appointments were confirmed.
Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from the Board staff
thanking the 2005 Board of Commissioners for remembering them at Christmas.
The following people addressed the Board: Bill McMaster, Chairman, Taxpayers United.
Moved by Long supported by Coleman the resolutions on the Consent Agenda be adopted. (The vote for
this motion appears on page 31.) The resolutions on the Consent Agenda follow (annotated by an
asterisk {*}).
*MISCELLANEOUS RESOLUTION #06001
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: FACILITIES MANAGEMENT - AWARD OF CONTRACT FOR THE PUBLIC WORKS
BUILDING AIR CONDITIONING REPLACEMENT PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 35 year-old 200 ton capacity absorber and cooling tower, which supplies cooling to the
Public Works Building, failed in June 2005 and was found to be beyond repair; and
WHEREAS since that time, a temporary trailer-mounted replacement unit has been rented to maintain
acceptable working temperatures in the Public Works Building; and
WHEREAS replacement of the air conditioning system with a new 250 ton, two stage centrifugal chiller,
cooling tower, and related equipment is required; and
WHEREAS the proposed air conditioning equipment has been sized to accommodate the future
expansion of the Public Works Building and will be substantially more energy efficient than the original
equipment; and
WHEREAS the Fiscal Year 2006 Capital Improvement Program includes funding in the amount of
$429,000 for the Public Works Building Air Conditioning Replacement Project; and
WHEREAS the Planning and Building Committee on October 18, 2005 authorized advertising and
receipt of bids for this project; and
WHEREAS in accordance with Purchasing Division procedures, bids for the Public Works Building Air
Conditioning Replacement Project were received and reviewed on December 22, 2005; and
WHEREAS the lowest qualified bidder for the project was Johnson Controls International of Auburn
Hills, Michigan with a bid in the amount of $343,215; and
WHEREAS total project costs of $390,727 are recommended by the Facilities Maintenance and
Operations Division, including the contract award of $343,215, FM&O costs of $12,000, and
contingency of $35,512, and are available in the Capital Improvement Program/Building Fund (#40100).
Commissioners Minutes Continued. January 19, 2006
4
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an award of
contract for the Public Works Building Air Conditioning Replacement Project to Johnson Controls
International of Auburn Hills, Michigan in the amount of $343,215.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $390,727 from the Capital Improvement Program/Building Fund (#40100) to the Project Work
Order Fund (#40400) to establish the Public Works Building Air Conditioning Replacement Project
(#100000000855).
BE IT FURTHER RESOLVED that the Fiscal Year 2006 Budget is amended as follows:
BUILDING IMPROVEMENT FUND #40100
1040101-989999-788001-40400 Transfer Out ($390,727)
PROJECT WORK ORDER FUND #40400
1040101-989999-695500-40100 Transfer In $390,727
$ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
REPORT (MISC. #06001)
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: FACILITIES MANAGEMENT – AWARD OF CONTRACT FOR THE PUBLIC WORKS BUILDING
AIR CONDITIONING REPLACEMENT PROJECT
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the bids received for the above-referenced
project on January 10, 2006 reports with the recommendation that the County enter into a contract with
Johnson Controls International in the amount of $343,215.00 for a total project cost of $390,727.00.
Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 31.)
*MISCELLANEOUS RESOLUTION #06002
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - LEASED VEHICLES - FLEET EXPANSION OF
ONE (1) VEHICLE FOR DRAIN COMMISSIONER - OPERATIONS AND MAINTENANCE DIVISION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted a leased vehicle policy through
Miscellaneous Resolution #93230 which was amended by Miscellaneous Resolution #94357 and requires
additional vehicles to be approved by the Board of Commissioners; and
WHEREAS the Drain Commissioner, Operations and Maintenance Division, has requested the addition of
one leased vehicle, 3/4 ton utility truck; and
WHEREAS the vehicle will be assigned to the Operations and Maintenance Division for operations and
maintenance of the expanded GWK facility (shared between two new field positions that did not have a
vehicle budgeted); and
WHEREAS $26,890.00 is required to purchase the vehicle, and funding is available in the Drain
Equipment Fund to cover the capital acquisition fee; and
WHEREAS as required by policy, the County Executive’s Department of Central Services has reviewed
the request and determined it is justified within the policy.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
expansion of the fleet by (1) vehicle to be assigned to Drain Commissioner, Operations and Maintenance
Division.
Commissioners Minutes Continued. January 19, 2006
5
BE IT FURTHER RESOLVED that the following budget amendment to the Fiscal Year 2006 and
Fiscal Year 2007 budget be made for the purchase and operating cost of the vehicle:
FY 2006 FY2007
DRAIN EQUIPMENT FUND (63900)
Revenue
6010201-149750-632401-26466 Vehicle Rental $ 6,000 $6,000
6010201-149750-796500-26466 Change in Fund Equity $20,890 $ -0-
Total Revenue $26,890 $6,000
Expense
6010201-149750-776661-26466 Motor Pool $ 6,000 $6,000
6010201-989999-788001-66100-26466 Transfer Out $20,890 $ -0-
Total Expenditure $26,890 $6,000
MOTOR POOL FUND (66100)
Revenue
1030811-184010-631071 Leased Equipment $ 6,000 $6,000
1030811-989999-695500-63900 Transfer In $20,890 $ -0-
Total Revenue $26,890 $6,000
Expense
1030811-184010-761156 Depreciation Vehicles $ 6,000 $6,000
Total Expenditure $ 6,000 $6,000
Est. Change in Fund Equity $20,890 $ -0-
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 31.)
*MISCELLANEOUS RESOLUTION #06003
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 2005
TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS ad valorem real property taxes are imposed by the County and the local taxing units within
the County on July 1 and/or December 1 of each year; and
WHEREAS a certain portion of these taxes remain unpaid and uncollected on March 1 of the year
following assessment, at which time they are returned delinquent to the County's treasurer (the
"Treasurer"); and
WHEREAS the Treasurer is bound to collect all delinquent taxes, interest and property tax administration
fees that would otherwise be payable to the local taxing units within the County; and
WHEREAS the statutes of the State of Michigan authorize the County to establish a fund, in whole or in
part from borrowed proceeds, to pay local taxing units within the County their respective shares of
delinquent ad valorem real property taxes in anticipation of the collection of those taxes by the Treasurer;
and
WHEREAS the County Board of Commissioners (the "Board") has adopted a resolution authorizing the
County's Delinquent Tax Revolving Fund (the "Revolving Fund Program"), pursuant to Section 87b of Act
No. 206, Michigan Public Acts of 1893, as amended ("Act 206"); and
WHEREAS such fund has been established to provide a source of monies from which the Treasurer may
pay any or all delinquent ad valorem real property taxes that are due the County, and any city, township,
school district, intermediate school district, community college district, special assessment district,
drainage district, or other political unit within the geographical boundaries of the County participating in
the County's Revolving Fund Program pursuant to Act 206 ("local units"); and
WHEREAS the Treasurer is authorized under Act 206, and has been directed by the Board, to make such
payments with respect to delinquent ad valorem real property taxes (including the property tax
administration fees assessed under subsection (6) of Section 44 of Act 206) owed in 2005 to the County
and the local units (collectively, the "taxing units") that will have remained unpaid on March 1, 2006 and
Commissioners Minutes Continued. January 19, 2006
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the Treasurer is authorized to pledge these amounts in addition to any amounts not already pledged for
repayment of prior series of notes (or after such prior series of notes are retired as a secondary pledge)
all as the Treasurer shall specify in an order when the notes authorized hereunder are issued (the
"Delinquent Taxes"); and
WHEREAS the Board has determined that in order to raise sufficient monies to adequately fund the
Revolving Fund, the County must issue its General Obligation Limited Tax Notes, Series 2006 in one or
more series, in accordance with Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206 and on the terms and
conditions set forth below.
NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners as follows:
I.
GENERAL PROVISIONS
101. Establishment of 2006 Revolving Fund. In order to implement the continuation of the
Revolving Fund Program and in accordance with Act 206, the County hereby establishes a
2006 Delinquent Tax Revolving Fund (the "Revolving Fund") as a separate and segregated
fund within the existing Delinquent Tax Revolving Fund of the County previously
established by the Board pursuant to Section 87b of Act 206.
102. Issuance of Notes. The County shall issue its General Obligation Limited Tax Notes, Series
2006 in one or more series (the "Notes"), in accordance with this Resolution and Sections
87c, 87d, 87e, 87f, 87g and 89 of Act 206, payable in whole or in part from the Delinquent
Taxes and/or from the other sources specified below.
103. Aggregate Amount of Notes.
(a) The Notes shall be issued in an aggregate amount to be determined by the
Treasurer in accordance with this Section.
(b) The aggregate amount of the Notes shall not be less than the amount by
which the actual or estimated Delinquent Taxes exceeds (i) the County's
participating share of Delinquent Taxes, and (ii) any sums otherwise
available to fund the Tax Payment Account established under Section 702
(including any monies held in respect of Section 704(c)).
(c) The aggregate amount of the Notes shall not be greater than the sum of (i)
the actual amount of the Delinquent Taxes pledged to the payment of debt
service on the Notes, plus (ii) the amount determined by the Treasurer to be
allocated to a reserve fund. Original proceeds of the Notes devoted to a
reserve fund shall not exceed the lesser of (A) the amount reasonably
required for those of the Notes secured by the reserve fund, (B) 10% of the
proceeds of such Notes, (C) the maximum amount of annual debt service
on such Notes, or (D) 125% of average annual debt service on such Notes.
(d) The aggregate amount of the Notes shall be designated by the Treasurer by
written order after (i) the amount of the Delinquent Taxes, or the amount of
Delinquent Taxes to be funded by the issuance of the Notes, has been
estimated or determined, and (ii) the amount of the reasonably required
reserve fund has been calculated. Delinquent Taxes shall be estimated
based on delinquencies experienced during the past three fiscal years and
on demographic and economic data relevant to the current tax year, and
shall be determined based on certification from each of the taxing units.
The amount of the reasonably required reserve fund shall be calculated
pursuant to such analyses and certificates as the Treasurer may request.
104. Proceeds. If the Notes are issued and sold before the Treasurer has received certification
from the taxing units of the amount of the Delinquent Taxes and if such certification is not
reasonably anticipated to occur to allow distribution of the proceeds of the Notes within 20
days after the date of issue, the proceeds of the Notes shall be deposited in the County's
2006 Delinquent Tax Project Account and thereafter used to fund the whole or a part of the
County's 2006 Tax Payment Account, 2006 Note Reserve Account and/or 2006 Note
Payment Account, subject to and in accordance with Article VII. If the Notes are issued
and sold on or after such time, the proceeds of the Notes shall be deposited directly into
Commissioners Minutes Continued. January 19, 2006
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the County's 2006 Tax Payment Account, 2006 Note Reserve Account and/or 2006 Note
Payment Account, as provided in Article VII.
105. Treasurer's Order Authorizing Notes and Establishing Delinquent Taxes. At or prior to the
time any Notes are issued pursuant to this resolution, the Treasurer, as authorized by Act
206, may issue a written order specifying the amount and character of the Delinquent
Taxes, the Article or Articles under which the Notes are being issued and any other matters
subject to the Treasurers control under either this resolution or Act 206.
II.
FIXED MATURITY NOTES
201. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued
in accordance with this Article II. All reference to "Notes" in Article II refers only to Notes
issued pursuant to Article II, unless otherwise specified.
202. Date. The Notes shall be dated as of the date of issue or as of such earlier date specified
by written order of the Treasurer.
203. Maturity and Amounts. Notes issued pursuant to this Article II shall be structured in
accordance with subsections (a) or (b) below as determined by the Treasurer pursuant to
written order.
(a) The first maturity of the Notes or of a series of the Notes shall be determined
by the Treasurer pursuant to written order, but shall not be later than two
years after the date of issue. Later maturities of the Notes shall be on the
first anniversary of the preceding maturity or on such earlier date as the
Treasurer may specify by written order. The Notes shall be structured with
the number of maturities determined by the Treasurer to be necessary or
appropriate, and the last maturity shall be scheduled for no later than the
fourth anniversary of the date of issue. The amount of each maturity shall
be set by the Treasurer when the amount of Delinquent Taxes is determined
by the Treasurer or when a reliable estimate of the Delinquent Taxes is
available to the Treasurer. In determining the exact amount of each
maturity the Treasurer shall consider the schedule of delinquent tax
collections prepared for the tax years ending December 31, 2005, and the
corollary schedule setting forth the anticipated rate of collection of those
Delinquent Taxes which are pledged to the repayment of the Notes. The
amount of each maturity and the scheduled maturity dates of the Notes shall
be established to take into account the dates on which the Treasurer
reasonably anticipates the collection of such Delinquent Taxes and shall
allow for no more than a 10% variance between the debt service payable on
each maturity date. The Notes, and the anticipated amount of pledged
monies available on such maturity date to make payment of such debt
service.
(b) Alternatively, the Notes or a series of the Notes may be structured with a
single stated maturity falling not later than the fourth anniversary of the date
of issue. Notes issued under this subsection (b) shall be subject to
redemption on such terms consistent with Section 209 as shall be ordered
by the Treasurer, but in no event shall such Notes be subject to redemption
less frequently than annually.
204. Interest Rate and Date of Record.
(a) Except as otherwise provided in this paragraph, Notes issued pursuant to
subsection (a) of Section 203 shall bear interest payable semi-annually, with
the first interest payment to be payable (i) on the first date, after issuance,
corresponding to the day and month on which the maturity of such Notes
falls, or (ii) if the Treasurer so orders, six months before such date. In the
event (i) any maturity of the Notes arises either less than six months before
the succeeding maturity date or less than six months after the preceding
maturity date and (ii) the Treasurer so orders in writing, interest on the
Commissioners Minutes Continued. January 19, 2006
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Notes shall be payable on such succeeding or preceding maturity date.
Subject to the following sentence, Notes issued pursuant to subsection (b)
of Section 203 shall, pursuant to written order of the Treasurer, bear interest
monthly, quarterly, or semiannually, as provided by written order of the
Treasurer. If Notes issued under this Article II are sold with a variable rate
feature as provided in Article IV, such Notes may, pursuant to written order
of the Treasurer, bear interest weekly, monthly, quarterly or on any put date,
or any combination of the foregoing, as provided by written order of the
Treasurer.
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the registered owner of each
Note as of the applicable date of record, provided, however, that the
Treasurer may agree with the Registrar (as defined below) on a different
method of payment.
(d) Subject to Section 403 in the case of variable rate Notes, the date of record
shall be not fewer than 14 nor more than 31 days before the date of
payment, as designated by the Treasurer prior to the sale of the Notes.
205. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution
and shall reflect all material terms of the Notes. Unless the Treasurer shall by written order
specify the contrary, the Notes shall be issued in fully registered form both as to principal
and interest, registrable upon the books of a note registrar (the "Registrar") to be named by
the Treasurer. If the Notes are issued in bearer form the Treasurer shall appoint a paying
agent (the "Paying Agent"). (The Registrar or Paying Agent so named may be any bank or
trust company or other entity, including the County, offering the necessary services
pertaining to the registration and transfer of negotiable securities.)
206. Denominations and Numbers. The Notes shall be issued in one or more denomination or
denominations of $1,000 each or any integral multiple of $1,000 in excess of $1,000, as
determined by the Treasurer. Notwithstanding the foregoing, however, in the event the
Notes are deposited under a book entry depository trust arrangement pursuant to Section
208, the Notes shall, if required by the depository trustee, be issued in denominations of
$5,000 each or any integral multiple of $5,000. The Notes shall be numbered from one
upwards, regardless of maturity, in such order as the Registrar shall determine.
207. Transfer or Exchange of Notes.
(a) Notes issued in registered form shall be transferable on a note register
maintained with respect to the Notes upon surrender of the transferred
Note, together with an assignment executed by the registered owner or his
or her duly authorized attorney-in-fact in form satisfactory to the Registrar.
Upon receipt of a properly assigned Note, the Registrar shall authenticate
and deliver a new Note or Notes in equal aggregate principal amount and
like interest rate and maturity to the designated transferee or transferees.
(b) Notes may likewise be exchanged for one or more other Notes with the same
interest rate and maturity in authorized denominations aggregating the
same principal amount as the Note or Notes being exchanged, upon
surrender of the Note or Notes and the submission of written instructions to
the Registrar or, in the case of bearer Notes, to the Paying Agent. Upon
receipt of a Note with proper written instructions the Registrar or Paying
Agent shall authenticate and deliver a new Note or Notes to the owner
thereof or to owner's attorney-in-fact.
(c) Any service charge made by the Registrar or Paying Agent for any such
registration, transfer or exchange shall be paid for by the County as an
expense of borrowing, unless otherwise agreed by the Treasurer and the
Registrar or Paying Agent. The Registrar or Paying Agent may, however,
require payment by a noteholder of a sum sufficient to cover any tax or
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other governmental charge payable in connection with any such registration,
transfer or exchange.
208. Book Entry Depository Trust. At the option of the Treasurer, and notwithstanding any
contrary provision of Section 212, the Notes may be deposited, in whole or in part, with a
depository trustee designated by the Treasurer who shall transfer ownership of interests in
the Notes by book entry and who shall issue depository trust receipts or acknowledgments
to owners of interests in the Notes. Such book entry depository trust arrangement, and the
form of depository trust receipts or acknowledgments, shall be as determined by the
Treasurer after consultation with the depository trustee. The Treasurer is authorized to
enter into any depository trust agreement on behalf of the County upon such terms and
conditions as the Treasurer shall deem appropriate and not otherwise prohibited by the
terms of this Resolution. The depository trustee may be the same as the Registrar
otherwise named by the Treasurer, and the Notes may be transferred in part by depository
trust and in part by transfer of physical certificates as the Treasurer may determine.
209. Redemption.
(a) Subject to the authority granted the Treasurer pursuant to subsection (c) of
this Section (in the case of fixed rate Notes) and to the authority granted the
Treasurer pursuant to Section 404 (in the case of variable rate Notes), the
Notes or any maturity or maturities of the Notes shall be subject to
redemption prior to maturity on the terms set forth in subsection (b) below.
(b) Notes scheduled to mature after the first date on which any Notes of the
series are scheduled to mature shall be subject to redemption, in inverse
order of maturity, on each interest payment date arising after the date of
issue.
(c) If the Treasurer shall determine such action necessary to enhance the
marketability of the Notes or to reduce the interest rate to be offered by
perspective purchasers on any maturity of the Notes, the Treasurer may, by
written order prior to the issuance of such Notes, (i) designate some or all of
the Notes as non-callable, regardless of their maturity date, and/or (ii) delay
the first date on which the redemption of callable Notes would otherwise be
authorized under subsection (b) above.
(d) Notes of any maturity subject to redemption may be redeemed before their
scheduled maturity date, in whole or in part, on any permitted redemption
date or dates, subject to the written order of the Treasurer. Notes called for
redemption shall be redeemed at par, plus accrued interest to the redemption
date, plus, if the Treasurer so orders, a premium of not more than 1%.
Redemption may be made by lot or pro rata, as shall be determined by the
Treasurer.
(e) With respect to partial redemptions, any portion of a Note outstanding in a
denomination larger than the minimum authorized denomination may be
redeemed, provided such portion as well as the amount not being redeemed
constitute authorized denominations. In the event less than the entire
principal amount of a Note is called for redemption, the Registrar or Paying
Agent shall, upon surrender of the Note by the owner thereof, authenticate
and deliver to the owner a new Note in the principal amount of the principal
portion not redeemed.
(f) Notice of redemption shall be by first class mail 30 days prior to the date fixed
for redemption, or such shorter time prior to the date fixed for redemption as
may be consented to by the holders of all outstanding Notes to be called for
redemption. Such notice shall fix the date of record with respect to the
redemption if different than otherwise provided in this Resolution. Any defect
in any notice shall not affect the validity of the redemption proceedings.
Notes so called for redemption shall not bear interest after the date fixed for
Commissioners Minutes Continued. January 19, 2006
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redemption, provided funds are on hand with a paying agent to redeem the
same.
210. Discount. At the option of the Treasurer, the Notes may be offered for sale at a discount not
to exceed 2%.
211. Public or Private Sale. The Treasurer may, at the Treasurer's option, conduct a public sale
of the Notes after which sale the Treasurer shall either award the Notes to the lowest
bidder or reject all bids. The conditions of sale shall be as specified in a published Notice
of Sale prepared by the Treasurer announcing the principal terms of the Notes and the
offering. Alternatively, the Treasurer may, at the Treasurer's option, negotiate a private
sale of the Notes as provided in Act 206. If required by law, or if otherwise determined by
the Treasurer to be in the best interest of the County, (a) the Notes shall be rated by a
national rating agency selected by the Treasurer, (b) a good faith deposit shall be required
of the winning bidder, and/or (c) CUSIP numbers shall be assigned to the Notes. If a public
sale is conducted or if otherwise required by law or the purchaser of the Notes, the
Treasurer shall prepare or cause to be prepared and disseminated an offering
memorandum or official statement containing all material terms of the offer and sale of the
Notes. Pursuant to any sale of the Notes, the County shall make such filings, shall solicit
such information and shall obtain such governmental approvals as shall be required
pursuant to any state or federal law respecting back-up income tax withholding, securities
regulation, original issue discount or other regulated matter.
212. Execution and Delivery. The Treasurer is authorized and directed to execute the Notes on
behalf of the County by manual or facsimile signature, provided that if the facsimile
signature is used the Notes shall be authenticated by the Registrar or any tender agent as
may be appointed pursuant to Section 801(c). The Notes shall be sealed with the County
seal or imprinted with a facsimile of such seal. The Treasurer is authorized and directed to
then deliver the Notes to the purchaser thereof upon receipt of the purchase price. The
Notes shall be delivered at the expense of the County in such city or cities as may be
designated by the Treasurer.
213. Renewal, Refunding or Advance Refunding Notes. If at any time it appears to be in the best
interests of the County, the Treasurer, by written order, may authorize the issuance of
renewal, refunding or advance refunding Notes. The terms of such Notes, and the
procedures incidental to their issuance, shall be set subject to Section 309 and, in
appropriate cases, Article X.
III.
SHORT TERM RENEWABLE NOTES
301. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued
in accordance with this Article III. All references to "Notes" in Article III refer only to Notes
issued pursuant to Article III, unless otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of issuance or any prior date
selected by the Treasurer, and each issuance thereof shall mature on such date or dates
not exceeding one year from the date of their issuance as may be specified by written order
of the Treasurer.
303. Interest and Date of Record. The Notes shall bear interest payable at maturity at such rate
or rates as may be determined by the Treasurer not exceeding the maximum rate of
interest permitted by law on the date the Notes are issued. The date of record shall be not
fewer than two nor more than 31 days before the date of payment, as designated by the
Treasurer prior to the sale of the Notes.
304. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution
and shall reflect all material terms of the Notes. The Notes shall, in the discretion of the
Treasurer and consistent with Section 205, either be payable to bearer or be issued in
registered form. If issued in registered form, the Notes may be constituted as book-entry
securities consistent with Section 208, notwithstanding any contrary provision of Section
308.
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305. Denomination and Numbers. The Notes shall be issued in one or more denomination or
denominations, as determined by the Treasurer. The Notes shall be numbered from one
upwards in such order as the Treasurer determines.
306. Redemption. The Notes shall not be subject to redemption prior to maturity.
307. Sale of Notes. The authority and obligations of the Treasurer set forth in Sections 210 and
211 respecting Fixed Maturity Notes shall apply also to Notes issued under Article III.
308. Execution and Delivery. The authority and obligations of the Treasurer set forth in Section
212 respecting Fixed Maturity Notes shall also apply to Notes issued under Article III.
309. Renewal or Refunding Notes.
(a) The Treasurer may by written order authorize the issuance of renewal or
refunding Notes (collectively the "Renewal Notes"). Renewal Notes shall be
sold on the maturity date of, and the proceeds of the Renewal Notes shall be
applied to the payment of debt service on, Notes to be renewed. The
maturities and repayment terms of the Renewal Notes shall be set by written
order of the Treasurer.
(b) In the order authorizing Renewal Notes, the Treasurer shall specify whether
the Notes shall be issued in accordance with this Article III, in which event
the provisions of Article III shall govern the issuance of the Notes, or whether
the Notes shall be issued in accordance with Article II, in which event the
provisions of Article II shall govern the issuance of the Notes. The order
shall also provide for and shall also govern with respect to:
(i) the aggregate amount of the Renewal Notes;
(ii) the date of the Renewal Notes;
(iii) the denominations of the Renewal Notes;
(iv) the interest payment dates of the Renewal Notes;
(v) the maturity or maturities of the Renewal Notes;
(vi) the terms of sale of the Renewal Notes;
(vii) whether any Renewal Notes issued in accordance with Article II shall
be subject to redemption and, if so, the terms thereof; and
(viii) any other terms of the Renewal Notes consistent with, but not
specified in, Article II or Article III.
(c) Regardless of whether Renewal Notes need be approved by prior order of
the Department of Treasury, the Treasurer, pursuant to Section 89(5)(d) of
Act 206, shall promptly report to the Department of Treasury the issuance of
any Renewal Notes.
IV.
VARIABLE INTEREST RATE
401. Variable Rate Option. At the option of the Treasurer, exercisable by written order, the
Notes, whether issued pursuant to Article II or Article III, may be issued with a variable
interest rate, provided that the rate shall not exceed the maximum rate of interest permitted
by law.
402. Determination of Rate. The order of the Treasurer shall provide how often the variable
interest rate shall be subject to recalculation, the formula or procedure for determining the
variable interest rate, whether and on what terms the rate shall be determined by a
remarketing agent in the case of demand obligations consistent with Section 801(d), and
whether and on what terms a fixed rate of interest may be converted to or from a variable
rate of interest. Such formula or procedure shall be as determined by the Treasurer, but
shall track or float within a specified percentage band around the rates generated by any
one or more of the following indices:
(i) Publicly reported prices or yields of obligations of the United States of
America;
(ii) An index of municipal obligations periodically reported by a nationally
recognized source;
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(iii) The prime lending rate from time to time set by any bank or trust
company in the United States with unimpaired capital and surplus
exceeding $40,000,000;
(iv) Any other rate or index that may be designated by order of the
Treasurer provided such rate or index is set or reported by a source
which is independent of and not controlled by the Treasurer or the
County. The procedure for determining the variable rate may
involve one or more of the above indices as alternatives or may
involve the setting of the rate by a municipal bond specialist
provided such rate shall be within a stated percentage range of one
or more of the indices set forth above.
403. Date of Record. The Date of Record shall be not fewer than one nor more than 31 days
before the date of payment, as designated by written order of the Treasurer.
404. Redemption. Notwithstanding any contrary provision of subsections (b) and (c) of Section
209, but subject to the last sentence of this Section 404, Notes bearing interest at a
variable rate may be subject to redemption by the County and/or put by the holder at any
time or times and in any order, as may be determined pursuant to written order of the
Treasurer. Notes shall not be subject to redemption more frequently than monthly.
405. Remarketing, Repurchase and Resale.
(a) In the event Notes issued under this Article IV are constituted as demand
obligations, the interest rate on the Notes shall be governed by, and shall be
subject to, remarketing by a remarketing agent appointed in accordance with
Section 801(c), under the terms of a put agreement employed in accordance
with Section 801(d).
(b) The County shall be authorized, consistent with Act 206 and pursuant to
order of the Treasurer, to participate in the repurchase and resale of Notes in
order to reduce the cost of, or increase the revenue, attendant to the
establishment of the Revolving Fund and the issuance and discharge of the
Notes. Any purchase of Notes pursuant to this subsection (b) shall be made
with unpledged monies drawn from revolving funds established by the
County in connection with retired general obligation limited tax notes.
V.
MULTIPLE SERIES
501. Issuance of Multiple Series. At the option of the Treasurer, exercisable by written order, the
Notes issued under Article II, Article III or Article X may be issued in two or more
individually designated series. Each series shall bear its own rate of interest, which may be
fixed or variable in accordance with Article IV. Various series need not be issued at the
same time and may be issued from time to time in the discretion of the Treasurer
exercisable by written order. In determining the dates of issuance of the respective series,
the Treasurer shall consider, among other pertinent factors, the impact the dates selected
may have on the marketability, rating and/or qualification for credit support or liquidity
support for, or insurance of, the Notes. The Notes of each such series shall be issued
according to this Resolution in all respects (and the term "Notes" shall be deemed to
include each series of Notes throughout this Resolution), provided that:
(a) The aggregate principal amount of the Notes of all series shall not exceed
the maximum aggregate amount permitted under Section 103;
(b) Each series shall be issued pursuant to Article II or Article III, and different
series may be issued pursuant to different Articles;
(c) Each series shall be issued pursuant to Section 502 or Section 503, and
different series may be issued pursuant to different Sections;
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(d) A series may be issued under Article II for one, two, or three of the annual
maturities set forth in Article II with the balance of the annual maturities being
issued under Article II or under Article III in one or more other series,
provided that the minimum annual maturities set forth in Section 203 shall be
reduced and applied pro rata to all Notes so issued; and
(e) The Notes of all series issued pursuant to Article II above shall not, in
aggregate, mature in amounts or on dates exceeding the maximum
authorized maturities set forth in Section 203.
502. Series Secured Pari Passu. If the Notes are issued in multiple series pursuant to this Article
V, each series of Notes may, by written order of the Treasurer, be secured pari passu with
the other by the security described in and the amounts pledged by Article VII below.
Moreover, such security may, pursuant to further order of the Treasurer, be segregated in
accordance with the following provisions.
(a) The Treasurer may by written order establish separate sub-accounts in the
County's 2006 Note Reserve Account for each series of Notes, into which
shall be deposited the amount borrowed for the Note Reserve Account for
each such series.
(b) The Treasurer may by written order establish separate sub-accounts in the
County's 2006 Note Payment Account for each series of Notes, and all
amounts deposited in the Note Payment Account shall be allocated to the
sub-accounts.
(c) (i) In the event separate sub-accounts are established pursuant to
subsection (b) above, and subject to Paragraph (ii) below, the
percentage of deposits to the County's 2006 Note Payment Account
allocated to each sub-account may be set equal to the percentage that
Notes issued in the corresponding series bears to all Notes issued under
this Resolution or to any other percentage designated by the Treasurer
pursuant to written order; provided that if the various series are issued at
different times or if the various series are structured with different
maturity dates, (I) sums deposited in the Note Payment Account prior to
the issuance of one or more series may upon the issuance of each such
series be reallocated among the various sub-accounts established under
Subsection (b) above to achieve a balance among the sub-accounts
proportionate to the designated percentage allocation, and/or (II)
deposits to the Note Payment Account may be allocated among the sub-
accounts according to the total amount of debt service that will actually
be paid from the respective sub-accounts.
(ii) Alternatively, the Treasurer may, by written order, rank the sub-accounts
established under Subsection (b) above in order of priority, and specify
that each such sub-account shall receive deposits only after all sub-
accounts having a higher priority have received deposits sufficient to
discharge all (or any specified percentage of) Notes whose series
corresponds to any of the sub-accounts having priority.
(d) In the absence of a written order of the Treasurer to the contrary, the
amounts in each sub-account established pursuant to this Section 502 shall
secure only the Notes issued in the series for which such sub-account was
established, until such Notes and interest on such Notes are paid in full, after
which the amounts in such sub-account may, pursuant to written order of the
Treasurer, be added pro rata to the amounts in the other sub-accounts and
thereafter used as part of such other sub-accounts to secure all Notes and
interest on such Notes for which such other sub-accounts were created, until
paid in full. Alternatively, amounts held in two or more sub-accounts within
either the Note Reserve Account or the Note Payment Account may be
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commingled, and if commingled shall be held pari passu for the benefit of the
holders of each series of Notes pertaining to the relevant sub-accounts.
503. Series Independently Secured. If the Notes are issued in multiple series pursuant to this
Article V, each series of Notes may, by written order of the Treasurer, be independently
secured in accordance with this Section 503.
(a) Each series of Notes shall pertain to one or more taxing units, as designated
by the Treasurer pursuant to written order, and no two series of Notes shall
pertain to the same taxing unit. A school district, intermediate school district,
or community college district extending beyond the boundaries of a city in
which it is located may, pursuant to written order of the Treasurer, be
subdivided along the boundaries of one or more cities and each such
subdivision shall be deemed a taxing unit for purposes of this Section 503.
(b) Separate sub-accounts shall be established in the County's 2006 Tax
Payment Account. Each sub-account shall receive the proceeds of one and
only one series of Notes, and amounts shall be disbursed from the sub-
account to only those taxing units designated as being in that series.
(c) In the event Notes are issued for deposit into the Project Account established
under Section 701, separate sub-accounts shall be established in the Project
Account. Each sub-account shall receive the proceeds of one and only one
series of Notes, and amounts shall be disbursed from the sub-account only
to accounts, sub-accounts and/or taxing units designated as being in the
series corresponding to the sub-account from which disbursement is being
made.
(d) A separate sub-account shall be established in the County's 2006 Note
Reserve Account for each series of Notes, into which shall be deposited the
amount determined by the Treasurer under Section 103 or Section 703 with
respect to the series. Each sub-account shall secure one and only one
series.
(e) A separate sub-account shall be established in the County's 2006 Note
Payment Account for each series of Notes. Each sub-account shall be
allocated only those amounts described in Section 704 which pertain to the
taxing units included in the series corresponding to the sub-account.
Chargebacks received from a taxing unit pursuant to Section 906 shall be
deposited in the sub-account corresponding to the series in which the taxing
unit is included. Amounts held in each sub-account shall secure the debt
represented by only those Notes included in the series corresponding to the
sub-account, and disbursements from each sub-account may be applied
toward the payment of only those Notes included in the series corresponding
to the sub-account.
(f) The amounts in each sub-account established pursuant to this Section 503
shall secure only the Notes issued in the series for which such sub-account
was established until such Notes and interest on such Notes are paid in full,
after which any amounts remaining in such sub-account shall accrue to the
County and shall no longer be pledged toward payment of the Notes.
VI.
TAXABILITY OF INTEREST
601. Federal Tax. The County acknowledges that the current state of Federal law mandates that
the Notes be structured as taxable obligations. Consequently, the Notes shall, subject to
Article X, be issued as obligations the interest on which is not excluded from gross income
for purposes of Federal income tax.
602. State of Michigan Tax. Consistent with the treatment accorded all obligations issued
pursuant to Act 206, interest on the Notes shall be exempt from the imposition of the State
of Michigan income tax and the State of Michigan single business tax, and the Notes shall
not be subject to the State of Michigan intangibles tax.
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603. Change in Federal Tax Status. In the event there is a change in the Federal tax law or
regulations, a ruling by the U.S. Department of Treasury or Internal Revenue Service
establishes that the Notes may be issued as exempt from Federal income taxes or a
change in Michigan law causes the Notes in the opinion of counsel to be exempt from
federal income taxes, the Notes may be so issued.
VII.
FUNDS AND SECURITY
701. Delinquent Tax Project Account. If the Notes are issued and sold before the Treasurer has
received certification from the taxing units of the amount of the Delinquent Taxes and if
such certification is not reasonably anticipated in time to allow distribution of the proceeds
of the Notes within 20 days after the date of issue, a 2006 Delinquent Tax Project Account
(the "Project Account") shall be established by the Treasurer as a separate and distinct
fund of the County within its general fund. The Project Account shall receive all proceeds
from the sale of the Notes, including any premium or accrued interest received at the time
of sale. The Project Account shall be held in trust by an escrow agent until the monies
therein are disbursed in accordance with this Article VII. The escrow agent shall be a
commercial bank, shall be located in Michigan, shall have authority to exercise trust
powers, and shall have a net worth in excess of $25,000,000. The form and content of the
agreement between the County and the escrow agent shall be approved by the Treasurer.
Subject to the following sentence, monies deposited in the Project Account shall be
expended only (i) for the purpose of funding the Tax Payment Account established under
Section 702 and (ii) to the extent permitted by Act 206, for the purpose of paying the
expenses of the offering of the Notes. In the event the Treasurer by written order so
directs, additional funding of the Project Account may be undertaken, and any surplus
proceeds remaining in the Project Account after the Treasurer has completed the funding of
the Tax Payment Account may be transferred to either the 2006 Note Reserve Account
created under Section 703 or the 2006 Note Payment Account created under Section 704.
Monies in the Project Account may be disbursed by the escrow agent to the County's 2006
Tax Payment Account at any time and from time to time, upon receipt of a written
requisition signed by the Treasurer.
702. 2006 Tax Payment Account. The County's 2006 Tax Payment Account (the "Tax Payment
Account") is hereby established as a distinct account within the Revolving Fund. The
Treasurer shall designate all or a portion of the proceeds of the Notes, not to exceed the
amount of Delinquent Taxes, for deposit in the Tax Payment Account. If, however, the
proceeds of the Notes are initially deposited in the Project Account pursuant to Section
701, the Treasurer is instead authorized and directed to transfer monies included in the
Project Account in accordance with the procedures set forth in Section 701. The County
shall apply the monies in the Tax Payment Account to the payment of the Delinquent Taxes
or expenses of the borrowing in accordance with Act 206. The allocation of monies from
the Tax Payment Account may be made pursuant to a single, comprehensive disbursement
or may instead be made from time to time, within the time constraints of Act 206, to
particular taxing units as monies are paid into the Tax Payment Account, such that the
source of the monies (whether from the County's own funds, from the proceeds of a tax
exempt borrowing or from the proceeds of a taxable borrowing) may be traced to the
particular taxing unit receiving the funds. Moreover, and regardless of whether multiple
series of Notes are issued, the Tax Payment Account may be divided into separate sub-
accounts in order to allow the Treasurer to designate which taxing units shall receive
borrowed funds and which shall receive funds otherwise contributed by the County.
703. 2006 Note Reserve Account. In the event funding is provided as described in this Section
703, the Treasurer shall establish a 2006 Note Reserve Account (the "Note Reserve
Account") as a distinct account within the Revolving Fund. After depositing all of the
monies to fund the Tax Payment Account pursuant to Section 702, the Treasurer shall next
transfer to the Note Reserve Account, either from the Project Account or directly from the
proceeds of Notes, any proceeds remaining from the initial issuance of the Notes. In
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addition, the Treasurer may transfer unpledged monies from other County sources to the
Note Reserve Account in an amount which, when added to any other amounts to be
deposited in the Note Reserve Account, does not exceed the amount reasonably required
for the Notes secured by the Reserve Account or, if less, 20% of the total amount of the
Notes secured by the Reserve Account. Except as provided below, all monies in the Note
Reserve Account shall be used solely for payment of principal of, premium, if any, and
interest on the Notes to the extent that monies required for such payment are not available
in the County's 2006 Note Payment Account. Monies in the Note Reserve Account shall be
withdrawn first for payment of principal of, premium, if any, and interest on the Notes before
County general funds are used to make the payments. All income or interest earned by, or
increment to, the Note Reserve Account due to its investment or reinvestment shall be
deposited in the Note Reserve Account. When the Note Reserve Account is sufficient to
retire the Notes and accrued interest thereon, the Treasurer may order that the Note
Reserve Account be used to purchase the Notes on the market, or, if the Notes are not
available, to retire the Notes when due. If so ordered by the Treasurer, all or any specified
portion of the Note Reserve Account may be applied toward the redemption of any Notes
designated for redemption in accordance with Section 209.
704. 2006 Note Payment Account.
(a) The County's 2006 Note Payment Account is hereby established as a distinct
account within the Revolving Fund. (The County's 2006 Note Payment
Account, as supplemented by monies held in any interim account that are
designated for transfer to the 2006 Note Payment Account, is herein referred
to as the "Note Payment Account".) The Treasurer is directed to deposit into
the Note Payment Account, promptly on receipt, those amounts described
below in Paragraphs (i), (ii), (iv), and (v) that are not excluded pursuant to
Subsection (c) below. Furthermore, the Treasurer may, by written order,
deposit into the Note Payment Account all or any portion of the amounts
described below in Paragraph (iii).
(i) All Delinquent Taxes.
(ii) All statutory interest on the Delinquent Taxes.
(iii) All property tax administration fees on the Delinquent Taxes, net of
any amounts applied toward the expenses of this borrowing.
(iv) Any amounts that are received by the Treasurer from the taxing
units within the County because of the uncollectability of the
Delinquent Taxes.
(v) Any amounts remaining in the Project Account after the transfers to
the Tax Payment Account and Note Reserve Account have been
made as specified in Sections 702 and 703.
(b) Monies in the Note Payment Account shall be used by the County to pay
principal of, premium, if any, and interest on the Notes as the same become
due and payable.
(c) (i) The Treasurer may by written order provide that only a portion of the
sums described above in Subsection (a) shall be deposited into the Note
Payment Account and applied toward the payment of debt service on the
Notes, in which event those sums which are withheld from the Note
Payment Account shall be deposited into the Tax Payment Account or,
pursuant to further order of the Treasurer, applied toward any other
purpose consistent with Act 206. The portion of any sums described in
Subsection (a) which are withheld from the Note Payment Account
pursuant to this Subsection shall be determined in accordance with the
following Paragraph.
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(ii) Prior to the issuance of the Notes, the Treasurer may by written order
specify a cut-off date not earlier than March 1, 2006, and only those
sums payable to the Note Payment Account and received by the County
after the cut-off date shall be applied to the Note Payment Account.
(d) The Treasurer may by written order provide that at such time as sufficient
funds shall have been deposited into the Note Payment Account to pay all
remaining amounts owed under the Notes the pledge on any additional
monies otherwise payable to the Note Payment Account shall be discharged
and such monies shall not be deposited into the Note Payment Account or
otherwise pledged toward payment of the Notes.
(e) The Treasurer may by written order provide that in the event Notes are
issued pursuant to Article III, amounts that would otherwise be included in
the Note Payment Account or the Note Reserve Account (or any sub-
account therein for a particular series of Notes) shall not include any
amounts received by the County prior to the latest maturity date of any
series of Notes previously issued under Article II and/or Article III.
705. Limited Tax General Obligation and Pledge.
(a) The Notes shall be the general obligation of the County, backed by the
County's full faith and credit, the County's tax obligation (within applicable
constitutional and statutory limits) and the County's general funds. The
County budget shall provide that if the pledged monies are not collected in
sufficient amounts to meet the payments of the principal and interest due on
the Notes, the County, before paying any other budgeted amounts, shall
promptly advance from its general funds sufficient monies to pay such
principal and interest.
(b) In addition, the monies listed below are pledged to the repayment of the
Notes and, subject to Section 901, shall be used solely for repayment of the
Notes until the principal of, premium (if any) and interest on the Notes are
paid in full:
(i) All amounts deposited or earned in any Project Account, until
disbursed in accordance with Section 701;
(ii) All net proceeds from the sale of the Notes deposited or earned in
the Tax Payment Account, until disbursed in accordance with
Section 702;
(iii) All amounts deposited in the Note Payment Account pursuant to
Section 704(a);
(iv) All amounts deposited in the Note Reserve Account;
(v) All amounts earned from the investment of monies held in the Note
Payment Account or the Note Reserve Account; and
(vi) Any supplemental monies placed in the Note Payment Account and
drawn in the discretion of the Treasurer from unpledged sums on the
revolving funds, which pledge shall be subject to such limitations or
exceptions as shall be set forth in the written order of the Treasurer.
(c) If the Notes shall be issued in various series pursuant to Article V, this pledge
shall in the case of any independently secured series extend only to monies
in accounts or sub-accounts pertaining to the particular series.
(d) If the amounts so pledged are not sufficient to pay the principal and interest
when due, the County shall pay the same from its general funds or other
available sources. Pursuant to written order of the Treasurer, the County
may later reimburse itself for such payments from the Delinquent Taxes
collected.
706. Security for Renewal, Refunding or Advance Refunding Notes. Renewal, refunding, or
advance refunding Notes shall be secured by all or any portion of the same security
securing the Notes being renewed, refunded or advance refunded. The monies pledged in
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Section 705 for the repayment of the Notes are also pledged for the repayment of the
principal of, premium, if any, and interest on any renewal, refunding, or advance refunding
Notes issued pursuant to this Resolution, and any such renewal, refunding, or advance
refunding Notes shall be the general obligation of the County, backed by its full faith and
credit, which shall include the tax obligation of the County, within applicable constitutional
and statutory limits.
707. Use of Funds after Full Payment or Provisions for Payment. After all principal of, premium,
if any, and interest on the Notes have been paid in full or provision made therefor by
investments of pledged amounts in direct noncallable obligations of the United States of
America in amounts and with maturities sufficient to pay all such principal, premium, if any,
and interest when due, any further collection of Delinquent Taxes and all excess monies in
any fund or account of the Revolving Fund, and any interest or income on any such
amounts, may, pursuant to written order of the Treasurer and subject to Article V, be used
for any proper purpose within the Revolving Fund including the securing of subsequent
issues of notes.
VIII.
SUPPLEMENTAL AGREEMENTS
801. Supplemental Agreements and Documents. The Treasurer, on behalf of the County, is
authorized to enter into any or all of the following agreements or commitments as may, in
the Treasurer's discretion, be necessary, desirable or beneficial in connection with the
issuance of the Notes, upon such terms and conditions as the Treasurer may determine
appropriate:
(a) A letter of credit, line of credit, repurchase agreement, note insurance, or
similar instrument, providing backup liquidity and/or credit support for the
Notes;
(b) A reimbursement agreement, revolving credit agreement, revolving credit
note, or similar instrument, setting forth repayments of and security for
amounts drawn under the letter of credit, line of credit, repurchase
agreement or similar instrument;
(c) A marketing, remarketing, placement, authenticating, paying or tender agent
agreement or dealer agreement designating a marketing, remarketing,
authenticating, paying, tender or placement agent or dealer and prescribing
the duties of such person or persons with respect to the Notes; and
(d) A put agreement or provision allowing the purchaser of the Notes to require
the County to repurchase the Notes upon demand at such times as may be
provided in such put agreement or provision.
(e) An agreement to use amounts formerly pledged to other years borrowings as
security for the Notes when no longer so pledged.
802. Revolving Credit Notes. If the Treasurer enters into a revolving credit agreement (the
"Agreement") pursuant to Section 801 above, the Agreement may call for the issuance of
one or more revolving credit notes (the "Revolving Credit Notes") for the purpose of
renewing all or part of maturing Notes or Notes that have been put pursuant to a put
agreement or provision. Such Revolving Credit Notes shall be issued pursuant to Article II
or III, as appropriate, and in accordance with the following provisions:
(a) Interest on the Revolving Credit Notes may be payable on maturity, on prior
redemption, monthly, bi-monthly, quarterly, or as otherwise provided in the
Agreement.
(b) The Revolving Credit Notes may mature on one or more date or dates not
later than the final maturity date of the Notes, as provided in the Agreement.
(c) The Treasurer may, at the time of the original issuance of the Notes, execute
and deliver one Revolving Credit Note in a maximum principal amount not
exceeding the lending commitment under the Agreement from time to time in
force (and may substitute one such Note in a lesser principal amount for
another in the event the lending commitment is reduced), provided that a
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schedule shall be attached to such Note on which loans and repayments of
principal and interest are evidenced and further provided that the making of a
loan and the evidencing of such loan on the schedule of any such Note shall
constitute the issuance of a renewal Note for purposes of this Resolution.
IX.
MISCELLANEOUS PROVISIONS
901. Expenses. Expenses incurred in connection with the Notes shall be paid from the property
tax administration fees collected on the Delinquent Taxes and, if so ordered by the
Treasurer, from any earnings on the proceeds of the offering or from other monies available
to the County.
902. Bond Counsel. The Notes (and any renewal, refunding or advance refunding Notes) shall
be delivered with the unqualified opinion of Axe & Ecklund, P.C., which selection of bond
counsel may, at the option of the Treasurer, be for one or more years.
903. Financial Consultants Municipal Financial Consultants Incorporated, Grosse Pointe Farms,
Michigan, is hereby retained to act as financial consultant and advisor to the County in
connection with the sale and delivery of the Bonds.
904. Complete Records. The Treasurer shall keep full and complete records of all deposits to
and withdrawals from each of the funds and accounts in the Revolving Fund and any
account or sub-account created pursuant to this Resolution and of all other transactions
relating to such funds, accounts and sub-accounts, including investments of money in, and
gain derived from, such funds and accounts.
905. Chargebacks. If, by the date which is three months prior to the final maturity date of the
Notes, sufficient monies are not on deposit in the Note Payment Account and the Note
Reserve Account to pay all principal of and interest on the Notes when due, Delinquent
Taxes not then paid or recovered at or prior to the latest tax sale transacted two or more
months before the final maturity of the Notes shall, if necessary to ensure full and timely
payment on the date of final maturity, be charged back to the local units in such fashion as
the Treasurer may determine, and, subject to Article V, the proceeds of such chargebacks
shall be deposited into the County's 2006 Note Payment Account no later than five weeks
prior to the final maturity of the Notes. This Section 905 shall not be construed to limit the
authority of the Treasurer under State law to charge back under other circumstances or at
other times.
906. Investments. The Treasurer is authorized to invest all monies in the Project Account, in the
Revolving Fund or in any account or sub-account therein that is established pursuant to this
Resolution in any one or more of the investments authorized as lawful investments for
counties under Act No. 20, Public Acts of 1943, as amended. The Treasurer is further
authorized to enter into a contract on behalf of the County under the Surplus Funds
Investment Pool Act, Act No. 367, Michigan Public Acts of 1982, as amended, and to invest
in any investment pool created thereby monies held in the Project Account, in the
Revolving Fund, or in any account or sub-account therein which is established pursuant to
this Resolution.
907. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is mutilated, lost, stolen,
or destroyed, the Treasurer may, on behalf of the County, execute and deliver, or order the
Registrar or Paying Agent to authenticate and deliver, a new Note having a number not
then outstanding, of like date, maturity and denomination as that mutilated, lost, stolen or
destroyed. In the case of a mutilated Note, a replacement Note shall not be delivered
unless and until such mutilated Note is surrendered to the Treasurer or the Registrar or
Paying Agent. In the case of a lost, stolen, or destroyed Note, a replacement Note shall not
be delivered unless and until the Treasurer and the Registrar or Paying Agent shall have
received such proof of ownership and loss and indemnity as they determine to be sufficient.
Commissioners Minutes Continued. January 19, 2006
20
ARTICLE X.
TAX-EXEMPT NOTES OR REFUNDING
1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The County acknowledges
that the current state of Federal law precludes the issuance of the Notes as obligations the
interest on which is exempt from Federal income tax. However, the County presently
contemplates that anticipated amendments to the Internal Revenue Code of 1986 (the
"Code") and/or the Treasury Regulations issued thereunder (the "Regulations") or a change
in Michigan law changing the character of the Notes may in the future permit the issuance
of general obligation limited tax notes on a tax-exempt basis, and, in view of this
expectation, the County, through the offices of the Treasurer, shall issue tax-exempt notes
or issue obligations to refund any or all outstanding Notes issued as taxable obligations, at
the time, on the terms, and to the extent set forth in this Article X.
1002. Timing of Refunding. The aforementioned refunding obligations (the "Refunding Notes")
shall be issued after the effective date of any change in the Code, Regulations, Internal
Revenue Service pronouncements or judicial rulings which, as confirmed by the written
opinion of bond counsel, permit the refunding of all or some of the outstanding Notes with
proceeds from obligations the interest on which is excluded from gross income for
purposes of Federal income tax.
1003. Extent of Refunding. Subject to the other provisions of this Section 1003, the Refunding
Notes shall refund all Notes outstanding at or after the effective date of any change in the
law described in Section 1002. This Section 1003 shall not, however, be construed to
require the refunding of any Note prior to the time such Note may be refunded on a tax-
exempt basis, nor shall this Section 1003 be construed to require the refunding of any
Note, if that refunding would result in greater cost to the County (including interest expense,
professional fees and administrative outlays) than would arise if the Note were to remain
outstanding.
1004. Confirmatory Action. Subsequent to any change in the law described in Section 1002, the
Board shall convene to consider any terms of the Refunding Bonds requiring specific
ratification by the Board.
1005. Arbitrage Covenant and Tax Law Compliance. In the event tax-exempt Notes or
Refunding Notes are issued pursuant to this Article X, the following covenants shall be
observed by the County:
(i) the County will make no use of the proceeds of the Notes or
Refunding Notes and will undertake no other intentional act with
respect to the Notes or Refunding Notes which, if such use or act
had been reasonably expected on the date of issuance of the Notes
or Refunding Notes or if such use or act were intentionally made or
undertaken after the date of issuance of the Notes or Refunding
Notes, would cause the Notes or Refunding Notes to be "arbitrage
bonds," as defined in Section 148 of the Internal Revenue Code of
1986, as amended (the "Code"), in the Regulations promulgated
under Sections 103 and 148 of the Code or in any successor or
supplementary provision of law hereinafter promulgated,
(ii) the County will undertake all actions as shall be necessary to
maintain the Notes or Refunding Notes as obligations the interest on
which qualifies for the tax exemption provided by Section 103(a) of
the Code, including, where appropriate and without limitation, filing
informational returns with the Secretary of Treasury, keeping
accurate account of all monies earned in any fund, account or sub-
account authorized by this Resolution or any resolution adopted in
accordance with Section 1004 above, certifying cumulative cash flow
deficits of the County and the local units, and investing any required
portion of the gross proceeds of the Notes or Refunding Notes,
Commissioners Minutes Continued. January 19, 2006
21
whether on behalf of the County or the local units, in tax-exempt
obligations or State and Local Government Series obligations, and
(iii) the County will make timely payment to the United States of any
investment earnings, realized by the County on the gross proceeds
of the Notes or Refunding Notes, as may be subject to rebate under
Section 148(f) of the Code, and, to the extent required under
applicable law or deemed by the Treasurer to be in the best interest
of the County pursuant to written order, the County's obligation to
make such payment to the United States shall also account for
excess investment earnings realized by local units on all or a portion
of the gross proceeds distributed to, and held by, the local units
pursuant to Section 702.
(iv) the Treasurer shall be directed to take such actions and to enter into
such agreements and certifications, on behalf of the County, as the
Treasurer shall deem necessary or appropriate to comply with the
foregoing covenants.
1006. Undertaking to Provide Continuing Disclosure. If necessary, this Board of Commissioners,
for and on behalf of the County of Oakland, hereby covenants and agrees, for the benefit of
the beneficial owners of the Notes to be issued by the County, to enter into a written
undertaking (the "Undertaking") required by Rule 15c2-12 promulgated by the Securities
and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the
"Rule") to provide continuing disclosure of certain financial information and operating data
and timely notices of the occurrence of certain events in accordance with the Rule. The
Undertaking shall be substantially in the form as approved by the Underwriter of the Notes.
The Undertaking shall be enforceable by the beneficial owners of Notes or by the
Underwriter on behalf of such beneficial owners (provided that the Underwriter's right to
enforce the provisions of the Undertaking shall be limited to a right to obtain specific
enforcement of the County's obligations hereunder and under the Undertaking), and any
failure by the County to comply with the provisions of the Undertaking shall not be deemed
a default with respect to the Notes.
The County Treasurer or other officer of the County charged with the responsibility for issuing the Notes
shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth
the terms of the County's Undertaking.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 31.)
*MISCELLANEOUS RESOLUTION #06004
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT
2005 TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Administrative Fund is necessary for the County Treasurer to administer the Delinquent
Tax Revolving Fund.
NOW THEREFORE BE IT RESOLVED that the County Treasurer, pursuant to Section 87c, Sub-Section
(2), of Act 206, is designated as Agent for the County, and the Treasurer's Office shall receive such sums
as are provided in Section 87c, Sub-section (3), to cover administrative expenses.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 31.)
Commissioners Minutes Continued. January 19, 2006
22
*MISCELLANEOUS RESOLUTION #06005
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: TREASURER’S OFFICE – AUTHORIZED DEPOSITORIES FOR PUBLIC FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS State of Michigan, P.A. 40 of 1942, as amended, requires the Board of Commissioners to
provide by resolution for the deposit of all public monies coming into the hands of the County Treasurer;
and
WHEREAS the Board of Commissioners’ Miscellaneous Resolutions #6836, #7045, #7428, #8030,
#84150, #89005, #92155, #97246 and #01178 have authorized depositories; and
WHEREAS this Miscellaneous Resolution will supersede all of the other Miscellaneous Resolutions
mentioned above; and
WHEREAS many of the depositories have changed names, merged or combined with other depositories.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners designates the
following named financial institutions as authorized depositories for public monies held by the County
Treasurer:
Clarkston Bank Firstbank – Mt. Pleasant Northern Trust Bank
Charter One Bank Flagstar Bank North Oakland Community Bank
Citizens Banking Corporation Franklin Bank NA Oakland Commerce Bank
Citizens First Savings Bank Huron Valley Bank Oxford Bank Corporation
Comerica Bank Huntington Bank of Michigan Peoples State Bank
Community Bank of Dearborn Independent Bank The Private Bank
Community Central Bank Key Bank Republic Bancorp Inc.
Crestmark Financial Corporation Lasalle Bank State Bank
JP Morgan Chase Bank Michigan Mercantile Bank TCF Bank of Michigan
Fidelity Bank of Michigan Michigan Heritage Bank Warren Bank
Fifth Third Bank National City Bank
Succeeding banks, as a result of mergers and or acquisitions or resulting from a name change, from the
above list, shall also be deemed as authorized. In addition, any new financial institution that is formed in
the County shall also be deemed as authorized provided that the County Treasurer limits deposits to
FDIC insurance levels.
BE IT FURTHER RESOLVED that the authorized depositories are hereby authorized to honor all checks,
electronic transfers, or other automated instruments for payment of money drawn on the various accounts
when bearing or purporting the actual or facsimile signature or authorization of the Treasurer of the
County of Oakland or his designated deputies.
Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 31.)
*MISCELLANEOUS RESOLUTION #06006
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: TREASURER’S OFFICE - BOARD OF COMMISSIONERS APPROVAL TO WAIVE INTEREST
AND FEES FOR CERTAIN QUALIFYING TAXPAYERS THROUGH APRIL 30, 2006
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS many Oakland County taxpayers rely on their refund checks for the Homestead Property Tax
Credit they receive from the State of Michigan as a part of their Michigan Income Tax refund to pay their
current year property taxes; and
WHEREAS pursuant to Section 211.44(3) of the Michigan Compiled Laws, which reads in part:
“A late penalty charge may be waived by the governing body of a city or township for the
homestead property of a senior citizen, paraplegic, quadriplegic, eligible servicemen, eligible
veteran, eligible widow, totally and permanently disabled person, or blind person, as those person
defined in Chapter 9 of Act No. 281 of Public Acts of 1967, as amended, being Sections 206.501 to
206.532 of the Michigan Compiled Laws, if the person makes a claim before February 15 for a
Commissioners Minutes Continued. January 19, 2006
23
credit for that property provided by Chapter 9 of Act No. 281 of the Public Acts of 1967, as
amended, presents a copy of the form filed for that credit to the local treasurer and if the person has
not received the credit before February 15; and
WHEREAS Section 211.59(3) allows the County Board of Commissioners to also waive interest and fees
for these same taxpayers through April 30; and
WHEREAS some of these qualified taxpayers may not receive their Homestead Property Tax Credit
checks in time to make their property tax payments at their city of township; and
WHEREAS the waiver of County interest and fees through April 30, 2006 will have no measurable impact
on General Fund revenues.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, in accordance
with Section 211.59(3) of the Michigan Compiled Laws, authorize the Oakland County Treasurer to waive
all County interest and fees(for the 2005 property tax collections) through April 30, 2006 for those
taxpayers who have qualified at their city or township for a local exemption under Section 211.44(3).
BE IT FURTHER RESOLVED that the County Treasurer is hereby authorized to notify by mail those who
are eligible for this exemption pursuant to Section 211.44(3) of Michigan Compiled Laws.
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 31.)
*REPORT (MISC. #05306)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: CLERK/REGISTER OF DEEDS – ELECTIONS ROOM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee having reviewed Miscellaneous Resolution #05306 on
January 10, 2006 reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #05306
BY: General Government Committee, William Patterson, Chairperson
IN RE: CLERK/REGISTER OF DEEDS - ELECTIONS ROOM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan is implementing the federal Help America Vote Act (HAVA); and
WHEREAS the Clerk/Register of Deeds is facilitating the purchase of new election equipment and
software for all precincts in Oakland County with a grant from the state authorized by Miscellaneous
Resolution #05036 adopted February 17, 2005; and
WHEREAS the new election equipment and software utilized in each precinct requires dedicated work
stations also known as the Elections Room; and
WHEREAS the Elections Room will be utilized by staff or the Board of Canvassers year-round; and
WHEREAS office space has been identified in the Courthouse that meets the specifications of the
manufacturer of the election equipment; and
WHEREAS the cost to remodel this office space is estimated to be $52,500; and
WHEREAS funds are available in the Clerk/Register of Deeds Fiscal Year 2006 Revenue Budget to pay
for the required room remodeling.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
amending the Fiscal Year 2006 Clerk/Register of Deeds Budget to allow for the expenditure of $52,500
for remodeling office space in the Courthouse for an Elections Room as specified in the attached project
work order.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. January 19, 2006
24
Copy of Project Work Order on file in County Clerk’s office.
FISCAL NOTE (MISC. #05306)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: CLERK/REGISTER OF DEEDS – ELECTIONS ROOM
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 Election Division of the Clerk’s Office is requesting additional office space in the
Courthouse for election equipment and workstations.
2. Project Work Order #E-106 estimates the cost to remodel the office space at $52,500.
3. Additional revenue is available in the Election Division’s Reimbursement General line
item to offset this expenditure. Funds will be transferred from the Election Division
budget to the Project Work Order Fund.
4. The Elections Unit anticipates additional revenues as a result of overseeing school
elections.
5. A budget amendment to the Fiscal Year 2006 budget is recommended as follows:
FY 2006
GENERAL FUND #10100
Revenue
2010301-185010-631827 Reimb. General $ 52,500
Total General Fund Revenue $ 52,500
Expenditures
2010301-989999-788001-40400 Trfrs to Project WO $ 52,500
Total General Fund Expenditures $ 52,500
PROJECT WORK ORDER FUND #40400
Revenue
1040101-989999-695500-10100 Trfrs from General $ 52,500
Total Project Work Order Fund Revenue $ 52,500
Expenditures
Estimated Change in Fund Equity $ 52,500
Total Project Work Order Fund Expenses $ 52,500
FINANCE COMMITTEE
(The vote for this motion appears on page 31.)
*MISCELLANEOUS RESOLUTION #06007
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – APPROVAL OF WIRELESS OAKLAND
INTERLOCAL AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the goal of the Wireless Oakland initiative is to blanket the County’s 910 square miles with
wireless internet service and provide free high speed internet access to every resident, business and
visitor in the County; and
WHEREAS the Wireless Oakland initiative will enhance the County’s ability to attract and retain high-tech
businesses; and
WHEREAS the Wireless Oakland initiative will enhance the residential character of the County’s local
communities and further distinguish Oakland County as a great place to live, work and play; and
WHEREAS the Wireless Oakland initiative will not use public tax dollars and grant monies to subsidize
the wireless internet service; and
WHEREAS the Oakland County Board of Commissioners approved Miscellaneous Resolution #05121
supporting the Wireless Oakland initiative; and
WHEREAS approximately thirty local communities applied to be Wireless Oakland pilot communities; and
Commissioners Minutes Continued. January 19, 2006
25
WHEREAS the communities of Troy, Royal Oak, Wixom, Madison Heights, Pontiac, Birmingham, and
Oak Park were selected to be Wireless Oakland pilot communities; and
WHEREAS to properly implement and operate the Wireless Oakland initiative in the pilot communities,
the County needs to enter into the attached Wireless Oakland Agreement (“Wireless Oakland
Agreement”) to delineate the relationship and responsibilities between the Parties; and
WHEREAS the Departments of Information Technology and Corporation Counsel have prepared the
attached documents, and legal representation from the Wireless Oakland pilot communities have
reviewed and approved the contents of the Wireless Oakland Agreement; and
WHEREAS the attached documents will become standard agreements with the County’s remaining local
communities as the Wireless Oakland initiative expands beyond the pilot communities; and
WHEREAS it is the recommendation of the Department of Information Technology that the Oakland
County Board of Commissioners accept and approve the attached Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Wireless Oakland Agreement to govern the relationship and
responsibilities between the County and the local communities.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Wireless Oakland Agreement between the County and
the following communities: Troy, Royal Oak, Wixom, Madison Heights, Pontiac, Birmingham, and Oak Park.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Wireless Oakland Agreement between Oakland County and Troy, Royal Oak, Wixom, Madison
Heights, Pontiac, Birmingham, and Oak Park, Exhibit B – Public Assets License Agreement, and Exhibit C-
Wireless Oakland Advisory Board on file in County Clerk’s office.
(The vote for this motion appears on page 31.)
*MISCELLANEOUS RESOLUTION #05311
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF
LEASE AGREEMENT WITH 2300 DIXIE HIGHWAY, LLC FOR USE OF PROPERTY AT 2300 DIXIE
HIGHWAY, WATERFORD, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Department of Community Corrections is presently housed in leased office space at 2300
Dixie Hwy., Waterford, Michigan; and
WHEREAS at the present time no adequate County owned facility exists, which would accommodate the
office space requirements or daily functions of the Community Corrections Department; and
WHEREAS the Department of Facilities Management and 2300 Dixie Highway, LLC have negotiated the
terms and conditions of the attached Lease Agreement, which will allow the Department of Community
Corrections to continue to occupy the existing office space located at 2300 Dixie Highway for an
additional three year term with the option to extend the lease for up to five additional one year terms; and
WHEREAS the term of the new lease shall commence on October 19, 2005 and expire on October 18,
2008. Rent for said term shall be at a rate of $18.50 per square foot or $15,032.79 monthly or
$180,393.50 annually; and
WHEREAS it is the recommendation of the Department of the Facilities Management that the Oakland
County Board of Commissioners accept and approve the terms and conditions of the attached Lease
Agreement; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement for use of office facilities at 2300 Dixie Highway, Waterford,
Michigan between the County of Oakland and 2300 Dixie Highway, LLC.
Commissioners Minutes Continued. January 19, 2006
26
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and 2300 Dixie Highway, LLC, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Department of Facilities Management Acceptance and Approval of Lease, and
Lease Agreement on file in County Clerk’s office.
FISCAL NOTE (MISC. #05311)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE
AGREEMENT WITH 2300 DIXIE HIGHWAY, LLC FOR USE OF PROPERTY AT 2300 DIXIE HIGHWAY,
WATERFORD, MICHIGAN
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
Miscellaneous Resolution and finds:
1. The Department of Community Corrections is presently housed in leased office space at
2300 Dixie Highway, Waterford, Michigan.
2. At the present time, no adequate County owned facility exists which would accommodate the
office space requirements or daily functions of the Community Corrections Department.
3. A new 3-year lease agreement has been negotiated that would commence on
October 19, 2005 and expire on October 18, 2008.
4. The rent is $18.50 a square foot, or $15,032.79 monthly or $180,393.50 annually.
5. Sufficient Funds have been set aside for this agreement for Fiscal Year 2006 and
Fiscal Year 2007. No budget amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 31.)
*MISCELLANEOUS RESOLUTION #05219
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - 2005 LAKE LEVEL ASSESSMENTS FOR OPERATION AND
MAINTENANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of the Inland Lake Level Act, Act No. 146 of the Public Acts
of 1961, as amended by Act No. 59 of the Public Acts of 1995 (Part 307), the Oakland County Drain
Commissioner operates and maintains 35 lake level control devices/structures and 6 lake augmentation
pumps that regulate the legally established water level of 53 lakes located within Oakland County; and
WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are
recoverable via assessments against the various benefiting properties and government entities
comprising the assessment rolls of the respective Lake Level Districts; and
WHEREAS Section 30722(4) of Act No. 59 requires that the Drain Commissioner obtain approval from
the Board of Commissioners prior to levying any lake level assessment in excess of $10,000 annually;
and
WHEREAS for the year 2005, the Drain Commissioner proposes to assess 24 separate Lake Level
Districts for the total aggregate amount of $246,317.37, for operation, maintenance and repair purposes,
as itemized on the listing attached hereto, of which 8 of the proposed assessments are in excess of the
said $10,000.00 limit, thereby requiring Board of Commissioner authorization.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Drain Commissioner to assess, levy and collect for the year 2005, for the purpose of
operating and maintaining the level of various lakes located in Oakland County, the total aggregate
amount of $246,317.37, being the sum total of all assessments for the said year to be assessed against
Commissioners Minutes Continued. January 19, 2006
27
all of the benefiting properties and government entities comprising the assessment rolls of 24 separate
Lake Level Districts itemized on the listing attached hereto, including 8 assessments in excess of
$10,000.00.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Drain Commissioner 2005 Lake Level Assessments for Maintenance and
Operation on file in County Clerk’s office.
FISCAL NOTE (MISC. #05219)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DRAIN COMMISSIONER – 2005 LAKE LEVEL ASSESSMENTS FOR OPERATION AND
MAINTENANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution authorizes the Drain Commissioner to assess, levy, and collect
$246,317.37 for the year 2005 against all benefiting properties and government entities
comprising the assessment rolls, for the purpose of operating and maintaining 24 lake
levels located within Oakland County.
2. The County’s share of the assessments for operations and maintenance of lake levels is
$1,458.24.
3. Funding is available in the Non-Departmental account - Drain Assessments. No
additional appropriation is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 31.)
*MISCELLANEOUS RESOLUTION #05220
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: DRAIN COMMISSIONER 2005 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT
RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Chapter 4 of Act No. 40 of the Public Acts of 1956, as
amended, also known as the Michigan Drain Code, the Oakland County Drain Commissioner operates
and maintains a number of open ditch or enclosed drains at various locations throughout Oakland
County; and
WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are
recoverable via assessments against the various benefiting properties and government entities
comprising the assessment rolls of the respective Drainage Districts; and
WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to levy assessments
against the Drainage District of drains established in accordance with said Chapter 4, for operation,
maintenance, clean out and repair purposes, provided such assessments not exceed $1,250 per mile of
drain per year, or fraction thereof; and
WHEREAS for the year 2005, the Drain Commissioner proposes to assess the 30 Drainage districts the
total aggregate amount of $88,528.57 for the maintenance, operation, clean out and repair of 30 drains,
all in accordance with the said $1,250 per mile of drain per year limitation, as itemized on the listing
attached hereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorized the Drain Commissioner to assess, levy and collect for the year 2005, for the purpose of
operating, maintaining, cleaning out and repairing 30 drains located in Oakland County, the total
aggregate amount of $88,528.57, being the sum total of assessments for the said year to be assessed
Commissioners Minutes Continued. January 19, 2006
28
against all of the benefiting properties and government entities comprising the assessment rolls of 30
Drainage Districts itemized on the listing attached hereto.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Drain Commissioner 2005 Chapter 4 Drain Assessments for Maintenance and
Operation on file in County Clerk’s office.
FISCAL NOTE (MISC. #05220)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DRAIN COMMISSIONER – 2005 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT
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 authorizes the Drain Commissioner to assess, levy, and collect
$88,528.57 for the year 2005 against all benefiting properties and government entities
comprising the assessment rolls, for the purpose of maintaining, cleaning, and repairing
30 Chapter 4 drains located within Oakland County.
2. The County’s share of the assessments for maintenance of Chapter 4 drains is
$6,322.91.
3. Funding is available in the Non-Departmental account - Drain Assessments. No
additional appropriation is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 31.)
*MISCELLANEOUS RESOLUTION #05221
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: DRAIN COMMISSIONER 2005 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT
RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Chapter 18 of Act No. 40 of the Public Acts of 1956, as
amended, also known as the Michigan Drain Code, the Oakland County Drain Commissioner operates
and maintains a number of open ditch and/or enclosed drains at various locations in Oakland and West
Bloomfield Townships; and
WHEREAS existing private drains established as County Drains in accordance with Chapter 18 of the
Michigan Drain Code shall be the same as if originally laid out and designated, located, established and
constructed by procedures set forth in other sections of the Michigan Drain Code; and
WHEREAS the Drain Commissioner incurs costs for the operation and maintenance of these Drains that
are recoverable via assessments against the various benefiting properties and government entities
comprising the assessment rolls of the respective Drainage Districts; and
WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to levy assessments
against Drainage District of Drains established in accordance with said Chapter 18, for operation,
maintenance, clean out and repair purposes, provided such assessments not exceed $1,250 per mile of
drain per year, or fraction thereof; and
WHEREAS for the year 2005, the Drain Commissioner proposes to assess the 17 Drainage districts the
total aggregate amount of $30,880.86 for the maintenance, operation, clean out and repair of 17 drains,
all in accordance with the said $1,250 per mile of drain per year limitation, as itemized on the listing
attached hereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorized the Drain Commissioner to assess, levy and collect for the year 2005, for the purpose of
operating, maintaining, cleaning out and repairing 17 drains located in Oakland County, the total
Commissioners Minutes Continued. January 19, 2006
29
aggregate amount of $30,880.86, being the sum total of assessments for the said year to be assessed
against all of the benefiting properties and government entities comprising the assessment rolls of 17
Drainage Districts itemized on the listing attached hereto.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Drain Commissioner 2005 Chapter 18 Drain Assessments for Maintenance and
Operation on file in County Clerk’s office.
FISCAL NOTE (MISC. #05221)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DRAIN COMMISSIONER – 2005 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT
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 authorizes the Drain Commissioner to assess, levy, and collect
$30,880.86 for the year 2005 against all benefiting properties and government entities
comprising the assessment rolls, for the purpose of operating, maintaining, cleaning, and
repairing 17 Chapter 18 drains located within Oakland County.
2. The County’s share of the assessments for maintenance of Chapter 18 drains is
$3,007.90.
3. Funding is available in the Non-Departmental account - Drain Assessments. No
additional appropriation is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 31.)
*MISCELLANEOUS RESOLUTION #05312
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PROSECUTING ATTORNEY – USE OF FORFEITURE FUNDS – ALLIANCE OF COALITIONS
FOR HEALTHY COMMUNITIES (ACHC)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS funds in the amount of $508,641.24 (balance as of 10/05) are currently deposited in the
Prosecutor’s Seized Funds Deferred Revenue account (222440), from the reimbursement of expenses
associated with forfeiture proceedings; and
WHEREAS the Oakland County Prosecutor’s Office is requesting a portion of these funds ($3,000) be
used to fund an innovative campaign to combat underage drinking, referred to as “Project Sticker Shock”;
and
WHEREAS the Oakland County Prosecutor’s Office has partnered with the Alliance of Coalitions for
Healthy Communities (ACHC) to coordinate and manage this campaign; and
WHEREAS the ACHC is the umbrella organization which represents fifteen (15) community coalitions
fighting drug and alcohol abuse which are currently operating in Oakland County, as follows:
Birmingham/Bloomfield Community Coalition
Clarkston Coalition for Youth
Clawson Community Coalition
Greater West Bloomfield Community Coalition
Highland Township Coalition for Youth and Families
Holly Area Youth Coalition
Lyon Area Youth Coalition
Madison Heights Community Family Coalition
Novi Community That Cares
Rochester/Auburn Hills Community Coalition
Commissioners Minutes Continued. January 19, 2006
30
Royal Oak Prevention Coalition
Southeast Oakland Coalition (Ferndale, Pleasant Ridge, Hazel Park)
Tri-Community Coalition (Berkley, Huntington Woods, Oak Park)
Troy Community Coalition
Waterford Community Coalition
WHEREAS each of the 15 participating community coalitions will select retail outlets which sell alcohol in
these communities to work with Project Sticker Shock.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the
transfer of $3,000 from funds currently deposited in the Prosecutor’s Seized Funds Deferred Revenue
account (222440) to support Project Sticker Shock, an initiative aimed at deterring underage drinking, to
be administered by the Alliance of Coalitions for Healthy Communities.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #05312)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: PROSECUTING ATTORNEY – USE OF FORFEITURE FUNDS – ALLIANCE OF COALITIONS
FOR HEALTHY COMMUNITIES (ACHC)
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. Funds in the amount of $508,641.24 (balance as of 10/05) are currently deposited in the
Prosecutor’s Seized Funds Deferred Revenue account (10100-4010101-222440) from
the reimbursement of expenses associated with forfeiture proceedings.
2. The Oakland County Prosecuting Attorney’s Office is requesting a portion of these funds,
$3,000, to be used to fund an innovative campaign to combat underage drinking, referred
to as “Project Sticker Shock”.
3. Oakland County has partnered with the Alliance of Coalitions for Healthy Communities
(ACHC), which represents fifteen (15) community coalitions, to coordinate and manage
this campaign.
4. The budget is amended to recognize transfer of funding from the Prosecuting Attorney’s
Seized Funds Deferred Revenue account (10100-4010101-222440) to the Fiscal Year
2006 Budget as follows:
GENERAL FUND #10100
Prosecuting Attorney Revenue
4010101-123030-670285 Enhancement Funds $3,000
Total Revenue $3,000
Prosecuting Attorney Expenditure
4010101-111020-731458 Professional Services $3,000
Total Expenditure $3,000
FINANCE COMMITTEE
(The vote for this motion appears on page 31.)
*MISCELLANEOUS RESOLUTION #06008
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – GRANT YEAR 2005 STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM (SCAAP) REIMBURSEMENT AWARD ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States Department of Justice, Bureau of Justice Assistance awarded Oakland
County expenditure reimbursement funding in the amount of $82,052 for its State Criminal Alien
Assistance Program; and
Commissioners Minutes Continued. January 19, 2006
31
WHEREAS the funding is reimbursement of Corrections Officers salaries (based on a prescribed formula)
for those officers directly involved in the care and maintenance of alien inmates housed in the Oakland
County Jail; and
WHEREAS Oakland County has met the federal requirements necessary to accept the award; and
WHEREAS the reimbursement period covers July 1, 2003 through June 30, 2004; and
WHEREAS no county match is 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.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
Grant Year 2005 State Criminal Alien Assistance Program (SCAAP) Reimbursement award in the amount
of $82,052 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 adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review – Sheriff’s Department, Fiscal Year 2005 SCAAP Award Notification, SCAAP
Assurances, and Certifications on file in County Clerk’s office.
FISCAL NOTE (MISC. #06008)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: SHERIFF’S OFFICE – GRANT YEAR 2005 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM
(SCAAP) REIMBURSEMENT AWARD 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 United States Department of Justice, Bureau of Justice Assistance, awarded the
Sheriff’s Office $82,052 in reimbursement funding for its State Criminal Alien Assistance
Program.
2. The reimbursement period is July 1, 2003, through June 30, 2004.
3. No County match is required.
4. The Grant Year 2005 funding represents a 36% decrease from Grant Year 2004 funding.
The county anticipated funding in the amount of $112,068. The Corrective Services
revenue budget will be reduced by $30,016 to reflect the reduction. Funds will come from
contingency.
5. A budget amendment to the Fiscal Year 2006 budget is recommended as follows:
GENERAL FUND #10100
Revenue FY 2006
4030301-112590-610313 Grants Federal ($30,016)
Total General Fund Revenue ($30,016)
Expenditures
9090101-196030-730359 Contingency ($30,016)
Total General Fund Expenditures ($30,016)
$ -0-
FINANCE COMMITTEE
Vote on Resolutions on the Consent Agenda:
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton,
Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard, Coleman, Coulter. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
Commissioners Minutes Continued. January 19, 2006
32
Commissioner Chuck Moss stated there were no resolutions from the Finance Committee on the Regular
Agenda to report. In addition, Commissioner Moss also addressed Bill McMaster’s concerns on property
taxes and citizens losing their homes to back taxes.
REPORT (MISC. #05305)
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: ROAD COMMISSION FOR OAKLAND COUNTY/DEPARTMENT OF PUBLIC SERVICES –
VETERAN’S SERVICES DIVISION – PAVING OF GREAT LAKES NATIONAL CEMETERY ROAD AND
DONATION ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed Miscellaneous Resolution #05305 on January 10, 2005,
reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION #05305
BY: General Government Committee, William Patterson, Chairperson
IN RE: ROAD COMMISSION FOR OAKLAND COUNTY/DEPARTMENT OF PUBLIC SERVICES -
VETERAN’S SERVICES DIVISION – PAVING OF GREAT LAKES NATIONAL CEMETERY ROAD AND
DONATION ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Federal Government is in the process of constructing a national veteran’s cemetery in
Holly Township, which will hold 127,000 graves when completed; and
WHEREAS the road leading to the cemetery is currently gravel; and
WHEREAS cost to pave the road between North Holly Road and the Great Lakes National Cemetery is
approximately $1,155,310; and
WHEREAS the Road Commission for Oakland County has agreed to make safety improvements on North
Holly Road and include the above-mentioned road paving in one project; and
WHEREAS the Road Commission for Oakland County has acquired federal funding of $884,990 (80% of
the project) through the Michigan Department of Transportation (MDOT); and
WHEREAS $110,320 of the 20% local match ($270,320) will be funded by the Road Commission for
Oakland County; and
WHEREAS the Department of Public Services has found a donor who agrees to donate the remaining
portion of the local match of approximately $160,000 through payments to the Oakland County General
Fund in five equal installments during the project and thereafter as specified in the attached letter of
understanding; and
WHEREAS the acceptance of the donation will not require any additional costs to the Oakland County
General Fund; and
WHEREAS the Road Commission for Oakland County agrees to manage the project and request one-
third of the local County match funding for the road paving when the agreement is signed, one-third when
the construction contract is awarded and the balance of funding when the project is completed, as
specified in the attached agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
Project in cooperation with the Michigan Department of Transportation and the Road Commission for
Oakland County to pave the gravel road of Belford Road from North Holly Road to the at-grade crossing
of the CSX Railroad leading to the Great Lakes National Cemetery for United States Veterans, located in
the Township of Holly.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board
Chairman to enter into the attached Cost Participation Agreement with the Road Commission for Oakland
County to advance funds up to $160,000 of the local match from the General Fund.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners accepts the donation
from Frank Torre for $160,000 to be used towards paving the road to the Great Lakes National Cemetery
and agrees to the receipt of the donation in five installments.
Commissioners Minutes Continued. January 19, 2006
33
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board
Chairman to enter into the attached Great Lakes National Cemetery Road Paving Agreement between
Frank Torre and Oakland County.
BE IT FURTHER RESOLVED that in consideration of Mr. Torre's generous contribution, as outlined in the
attached Agreement, Oakland County agrees to install a marker or sign at or near the entrance of the
Great Lakes National Cemetery acknowledging Mr. Torre's contribution to this most valuable and
important project.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Cost Participation Agreement, Exhibit A, and the Great Lakes National Cemetery Road Paving
Agreement between Frank Torre and Oakland County on file in County Clerk’s office.
FISCAL NOTE (MISC. #05305)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: ROAD COMMISSION FOR OAKLAND COUNTY / DEPARTMENT OF PUBLIC SERVICES –
VETERAN’S SERVICES DIVISION – PAVING OF GREAT LAKES NATIONAL CEMETERY ROAD AND
DONATION 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 Federal Government is funding construction of the Great Lakes National Cemetery in
northern Oakland County.
2. The Department of Public Services Veteran’s Affairs Division wishes to pave the road to
the cemetery, and has worked with the Road Commission for Oakland County (RCOC) to
establish a project to pave the road and make safety improvements.
3. The estimated total project cost is $1,155,310.
4. RCOC acquired federal funding through the Michigan Department of Transportation, in
the amount of $884,990, which is 76.6% of the cost for the paving project.
5. The Road Commission for Oakland County will fund $110,320 of the 20% local match
($270,320).
6. The Department of Public Services Veterans Affairs Division has found a donor to fund
the balance of the 20% local match, which amounts to $160,000.
7. Project costs will be incurred over the next two years in the amount of $106,667 for Fiscal
Year 2006 and $53,333 for Fiscal Year 2007.
8. Mr. Frank Torre will fund the donation in five (5) installments of $32,000 each. Donations
will be made over the next five years.
9. All local match costs associated with the paving of the road will be offset by the donation.
10. Maintenance of road will be paid by the Oakland County Road Commission.
11. There are no other financial implications and the acceptance of the donation meets the
county policy per Miscellaneous Resolution #83203.
12. Since some project costs will be incurred before donations are received, funds are
available in the General Fund 101100-9010101-371529 to offset the difference in timing
(Fiscal Year 2006 - $74,667; Fiscal Year 2007 - $21,333)
13. The following budget amendment is recommended for Fiscal Year 2006 and Fiscal Year
2007.
GENERAL FUND 10100 FY 2006 FY 2007
Revenues
9010101-196030-650301 Donations $ 32,000 $32,000
9010101-196030-670570 Refund Prior Yr. Exp 74,667 21,333
Total Revenues $106,667 $53,333
Commissioners Minutes Continued. January 19, 2006
34
Expenditures
9010101-153010-740135 Road Commission $106,667 $53,333
Total Expenditures $106,667 $53,333
-0- -0-
FINANCE COMMITTEE
Moved by Patterson supported by Coulter the resolution be adopted.
Moved by Patterson supported by Coulter the Public Services Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Moss supported by Suarez the resolution be amended in the contract titled The Great Lakes
National Cemetery Road Paving Agreement Between Frank Torre and Oakland County under the NOW
THEREFORE BE IT RESOLVED paragraph, section #2 to read as follows:
Mr. Torre agrees to reimburse the County for all funds advanced to the Road Commission on his
behalf in five (5) equal installments of $32,00.00 four (4) installments of $25,000.00 and a final
balloon payment of $60,000.00. The first installment payment of $25,000 shall be made at the
time this Agreement is executed. Three more payments in the amount of $25,000 shall be made
on February 1 of the years 2007, 2008, and 2009. A final balloon payment of $60,000 shall be
made on February 1, 2010. The first of these installment payments shall be made at the
time this Agreement is executed and the remaining four installments shall be due on
October 1 of the years 2006, 2007, 2008 and 2009 until the County is fully reimbursed in the
amount of $160,000.
A sufficient majority having voted in favor, the amendment carried.
Moved by Moss supported by Suarez the Fiscal Note be amended in item #8 to read as follows:
Mr. Frank Torre will fund the donation in five (5) installments, of $32,000 each, with four
installments at $25,000 each and a final installment at $60,000. Donations will be made over
the next five years.
A sufficient majority having voted in favor, the amendment carried.
Moved by Moss supported by Suarez the resolution, as amended, be adopted.
Vote on resolution, as amended:
AYES: Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton,
Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack,
Bullard, Coleman, Coulter, Crawford. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
REPORT (MISC. #05307)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: COUNTY EXECUTIVE – DELETE TWO COUNTY EXECUTIVE APPOINTEE POSITIONS AND
CREATE TWO SENIOR BUSINESS DEVELOPMENT POSITIONS FOR THE EMERGING SECTORS
INITIATIVE IN ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee having reviewed Miscellaneous Resolution #05307 on January 10,
2006 reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
Commissioners Minutes Continued. January 19, 2006
35
REPORT (MISC. #05307)
BY: Personnel Committee, Gregory C. Jamian, Chairperson
IN RE: COUNTY EXECUTIVE – DELETE TWO COUNTY EXECUTIVE APPOINTEE POSITIONS AND
CREATE TWO SENIOR BUSINESS DEVELOPMENT POSITIONS FOR THE EMERGING SECTORS
INITIATIVE IN ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #05307 on January 11, 2006,
reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #05307
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: COUNTY EXECUTIVE – DELETE TWO COUNTY EXECUTIVE APPOINTEE POSITIONS AND
CREATE TWO SENIOR BUSINESS DEVELOPMENT POSITIONS FOR THE EMERGING SECTORS
INITIATIVE IN ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County Executive Emerging Sectors Program, which began in 2004, has achieved
significant economic gains; and
WHEREAS during the past 20 months, the Emerging Sectors initiative has generated new investment
totaling $196 million, over 2,400 new jobs created, 1,200 jobs retained and $4.8 million in taxes
generated; and
WHEREAS in Fiscal Year 2005, the Business Development Team has generated new investments of
$290 million, 2,082 new and 2,049 retained jobs, and $7.2 million in new taxes; and
WHEREAS recent economic conditions call for aggressive and innovative strategies to diversify and
strengthen Oakland County’s economy and workforce; and
WHEREAS it is anticipated that the addition of two full-time eligible staff members will increase the
business retention and attraction services provided by these economic development programs; and
WHEREAS an internationally based company will be utilized to complement this attraction effort by
marketing Oakland County to international emerging sector companies on a global basis; and
WHEREAS the County Executive is proposing to delete the positions of Senior Citizens Coordinator and
the Coordinator of Arts, Culture and Film to support the creation of two Senior Business Development
positions effective February 11, 2006; and
WHEREAS Economic Development and Community Affairs has agreed to provide financial support for
the continuation of the Senior Citizens Coordinator function on a contractual basis; and
WHEREAS the balance of the Senior Citizens Coordinator duties will continue to be performed by other
existing County positions; and
WHEREAS the duties of the Coordinator of Arts, Culture and Film will be absorbed in part within the
Marketing and Communications Unit of Economic Development and Community Affairs Administration;
and
WHEREAS Information Technology has agreed to provide financial support from the IT Development
Fund to assist in funding this proposal.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
deletion of positions 1010105-10008 (Senior Citizens Coordinator) and 1010105-05206 (Coordinator of
Arts, Culture and Film).
BE IT FURTHER RESOLVED that the positions will be deleted effective February 11, 2006.
BE IT FURTHER RESOLVED that the duties of the Senior Citizen's Coordinator will continue to be
performed through existing staff and contracted professional services when prudent.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the creation of
two full-time Senior Business Development Representative positions in the Economic Development and
Community Affairs Department, Planning and Economic Development Services Division, Business
Development Unit.
Commissioners Minutes Continued. January 19, 2006
36
BE IT FURTHER RESOLVED that Oakland County professional services dollars will be utilized to partner
with a global Oakland County private sector company to generate business prospects worldwide and to
encourage emerging sector companies to expand and/or relocate their operations in Oakland County.
BE IT FURTHER RESOLVED that to support this proposal, funding from the Information Technology
Development Fund will be made available to help offset the cost of professional services.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (MISC. #05307)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: COUNTY EXECUTIVE – DELETE TWO COUNTY EXECUTIVE APPOINTEE POSITIONS AND
CREATE TWO SENIOR BUSINESS DEVELOPMENT POSITIONS FOR THE EMERGING SECTORS
INITIATIVE IN ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution approves the creation of two (2) FTE Senior Business Development
Representative positions in the Economic Development and Community Affairs
Department, Planning and Economic Development Services Division, Business
Development Unit. The salary and fringe benefit cost of the positions is $149,920 for
Fiscal Year 2006 and $216,548 for Fiscal Year 2007. Operating costs for the positions
total $67,475 for Fiscal Year 2006 and $69,105 for Fiscal Year 2007, including Business
Recruitment expenses, Personal Mileage, computers, and telephone costs.
2. Professional Services funding of $40,000 for both Fiscal Year 2006 and Fiscal Year 2007
is required to enable the County to partner with a global Oakland County private sector
company in conjunction with the Emerging Sectors Program.
3. Professional Services funding of $20,400 for Fiscal Year 2006 and $35,000 for Fiscal
Year 2007 is required for a contract to supplement the continuation of the Senior Citizens
Coordinator function.
4. The total position and operating cost of the proposal is $277,795 for Fiscal Year 2006
and $360,653 for Fiscal Year 2007.
5. The proposal will be funded, in part, by the deletion of the Senior Citizens Coordinator
position (#1010105-10008) and the Coordinator of Arts, Culture and Film position
(#1010105-05206) in the County Executive Administration Division, effective February
11, 2006, resulting in budget reductions of $141,206 in Fiscal Year 2006 and $222,505 in
Fiscal Year 2007.
6. Professional Services funding of $40,000 for a global private sector company for the
Emerging Sectors Program for Fiscal Year 2006 is available in the Planning and
Economic Development Services Division Budget.
7. Duties of the Coordinator of Arts, Culture and Film will be absorbed in part in the
Marketing and Communications Unit of the Economic Development and Community
Affairs Administration Division. Operating appropriations totaling $ 5,656 will be deleted
from the Fiscal Year 2006/2007 Arts, Culture and Film Unit Budget.
8. The balance of funding required to support the proposal, $90,933 for Fiscal Year 2006,
and $132,492 for Fiscal Year 2007, is available from the Non-Departmental Information
Technology Development appropriation. The Information Technology Fund Budget will
be correspondingly reduced by $90,933 for Fiscal Year 2006, and by $132,492 for Fiscal
Year 2007.
9. The Arts Council Grant Budget will be transferred from the Office of Arts, Culture and
Film to the Marketing and Communications Unit of the Economic Development and
Community Affairs Administration Division.
Commissioners Minutes Continued. January 19, 2006
37
10. A budget amendment to the Fiscal Year 2006 and Fiscal Year 2007 Budget is
recommended as follows:
GENERAL FUND #10100 FY 2006 FY 2007
Expenditures
1010101-166000-702010 Salaries Reg. ($48,812) ($ 76,915)
1010101-166000-722740 Fringe Benefits ( 23,869) ( 37,612)
1010101-166000-730072 Advertising ( 500) ( 500)
1010101-166000-731213 Mem,Dues and Publ. ( 520) ( 520)
1010101-166000-731346 Per. Mileage ( 500) ( 500)
1010101-166000-731388 Printing ( 195) ( 195)
1010101-166000-731458 Prof. Services ( 2,000) ( 2,000)
1010101-166000-732018 Travel and Conf. ( 400) ( 400)
1010101-166000-732165 Workshops and Mtg. ( 350) ( 350)
1010101-166000-750182 Film and Process. ( 50) ( 50)
1010101-166000-750399 Office Supplies ( 100) ( 100)
1010101-166000-750511 Spec.Events Supl ( 350) ( 350)
1010101-166000-775667 Mail Room ( 691) ( 691)
1010101-173000-702010 Salaries Reg. ( 48,812) ( 76,915)
1010101-173000-722740 Fringe Benefits ( 19,713) ( 31,063)
1060101-133000-731458 Prof. Services 20,400 35,000
1090205-171010-702010 Salaries Reg. 99,614 143,886
1090205-171010-722740 Fringe Benefits 50,306 72,662
1090201-171000-730205 Business Recruit 15,900 15,900
1090201-171115-730205 Business Recruit 37,100 37,100
1090201-171000-731346 Per. Mileage 1,500 1,500
1090201-171115-731346 Per. Mileage 3,500 3,500
1090201-171115-731458 Prof. Services -0- 40,000
1090201-171000-774636 IT Operations 2,775 4,745
1090201-171000-778675 Tele. Comm. 3,710 6,360
1090201-989999-788001-63600 Tfr to IT 2,400 -0-
1090201-989999-788001-67500 Tfr Tel.Comm 590 -0-
9090101-196030-773630 IT Developmen ($90,933) ($132,492)
Total General Fund Expenditures $ -0- $ -0-
ARTS, CULTURE AND FILM FUND #29210
Revenue
1010102-166000-631764 Regrant Support ($ 8,000) ($ 8,000)
1090108-166000-631764 Regrant Support 8,000 8,000
1010102-166000-615255 Arts Council ( 38,200) ( 38,200)
1090108-166000-615255 Arts Council 38,200 38,200
Total Arts, Culture and Film Fund Rev. $ -0- $ -0-
Expenditures
1010102-166000-731241 Miscellaneous ($ 8,000) ($ 8,000)
1090108-166000-731241 Miscellaneous 8,000 8,000
1010102-166000-731598 Regrant Program ( 38,200) ( 38,200)
1090108-166000-731598 Regrant Program 38,200 38,200
Total Arts, Culture and Film Fund Expen. $ -0- $ -0-
INFORMATION TECHNOLOGY FUND #63600
Revenue
1080101-152000-631372 OC Depts Oper. $ 2,775 $ 4,745
1080101-989999-695500-10100 Tfr from GF 2,400 -0-
1080101-152000-631372 OC Depts Oper ( 90,933) ( 132,492)
Total IT Fund Revenue ($ 85,758) ($127,747)
Commissioners Minutes Continued. January 19, 2006
38
Expenditures
1080601-152090-750154 Exp Equip 2,400 -0-
1080101-152000-731458 Prof Svcs ( 88,158) ( 127,747)
Total IT Fund Expenditures ($ 85,758) ($127,747)
IT-Estimated Change in Fund Equity $ -0- $ -0-
TELEPHONE COMMUNICATIONS FUND #67500
Revenue
1080601-152000-632009 Sale Phone Sv Int $ 3,710 $ 6,360
1080101-989999-695500-10100 Trf from GF 590 -0-
Total Tele. Comm. Fund Revenue $ 4,300 $ 6,360
Expenditures
1080601-152000-750154 Exp Equip $ 590 -0-
1080601-152000-730324 Communication 3,710 6,360
Total Tele. Comm. Fund Expenditures $ 4,300 $ 6,360
Tele. Comm.-Est. Change in Fund Equity $ -0- $ -0-
FINANCE COMMITTEE
Moved by Patterson supported by Moss the resolution be adopted.
Moved by Patterson supported by Moss the Planning and Building Committee Report and the Personnel
Committee Report be accepted.
A sufficient majority having voted in favor, the reports were accepted.
Discussion followed.
Vote on resolution:
AYES: Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss,
Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard,
Coleman, Coulter, Crawford, Douglas. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
REPORT
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE JURY BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the vacancy on the Jury Board, due to the
resignation of Carol Webb, and the recommendation by Chief Judge Wendy Potts, recommends the filling
of the seat, as follows:
JURY BOARD (Six-year term ending April 30, 2006)
William J. Axtell
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of letter from Wendy Potts, Chief Circuit Judge, regarding Jury Board Appointment, and William
Axtell’s biographical information on file in County Clerk’s office.
Moved by Patterson supported by Palmer the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Commissioners Minutes Continued. January 19, 2006
39
Moved by Patterson supported by Palmer the appointment of William J. Axtell to the Jury Board for an
unexpired term ending April 30, 2006 be confirmed.
Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none.
Vote on appointment:
AYES: Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash,
Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman,
Coulter, Crawford, Douglas, Gershenson. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointment of William J. Axtell to the Jury Board for an
unexpired term ending April 30, 2006 was confirmed.
REPORT
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE ACT 641 SOLID WASTE
PLANNING COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the vacancies of the SEMCOG and the Industrial
Waste Generator appointments on the Act 641 Solid Waste Planning Committee, as well as the
recommendation letter from SEMCOG, recommends the appointments of the following people:
ACT 641 SOLID WASTE PLANNING COMMITTEE – (terms ending 10/11/07)
SEMCOG (1 seat) INDUSTRIAL WASTE GENERATOR (1 seat)
Ted Starbuck Linda S. Furlough
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Memo from Ted Starbuck, Senior Environmental Planner, and Application Form for Appointment
to Boards, Committees and Commissions on file in County Clerk’s office.
Moved by Patterson supported by Douglas the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Patterson supported by Douglas the appointments of Ted Starbuck – SEMCOG, and Linda S.
Furlough – Industrial Waste Generator, to the Act 641 Solid Waste Planning Committee, both for terms
ending October 11, 2007 be confirmed.
Chairperson Bill Bullard asked if there were any other nominations. There were none.
Vote on appointment:
AYES: Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer,
Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter,
Crawford, Douglas, Gershenson, Gregory. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointments of Ted Starbuck – SEMCOG, and Linda S.
Furlough – Industrial Waste Generator, to the Act 641 Solid Waste Planning Committee, both for terms
ending October 11, 2007 were confirmed.
Commissioner Greg Jamian stated there were no resolutions from the Personnel Committee on the
Agenda to report.
Commissioners Minutes Continued. January 19, 2006
40
MISCELLANEOUS RESOLUTION #05310
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENTS OF AVIATION AND FACILITIES MANAGEMENT - CONVEYANCE OF
COUNTY OWNED PROPERTY TO THE ROAD COMMISSION FOR OAKLAND COUNTY, OAKLAND
COUNTY INTERNATIONAL AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of the Oakland County International Airport located in the
Charter Township of Waterford; and
WHEREAS the Road Commission for Oakland County has requested that the County of Oakland convey
certain parcels of land and grant easements for grading and drainage over part of the Oakland County
International Airport property for the re-alignment of Williams Lake Road; and
WHEREAS in exchange for conveying the property and granting the easements the Road Commission
for Oakland County has offered to convey approximately 19-acres of land inclusive of two storage
buildings to the County of Oakland; and
WHEREAS the appraised value of property to be conveyed to the Road Commission inclusive of
easements is $602,472, whereas the value of the property inclusive of two storage buildings to be
conveyed to Oakland County is $617,185; and
WHEREAS the Airport Committee has recommended approval of said land exchange with the Road
Commission for Oakland County for the re-alignment of Williams Lake Road in Waterford Township; and
WHEREAS the departments of Aviation and Facilities Management have reviewed the request to
exchange property with the Road Commission for Oakland County for the re-alignment of Williams Lake
Road and recommend said land exchange.
WHEREAS all necessary documentation has been prepared and/or reviewed by Oakland County
Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorize and approve the conveyance of land and granting of easements for grading and drainage as
requested by the Road Commission for Oakland County as described in the attached Quit Claim deed,
Grading Permit and Drainage Easement.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute all necessary documents relative to said conveyance of land and
granting easements.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Request for Authorization to Convey Land and Grant Easements to the Road Commission for
Oakland County, Quit Claim Deed, Aerial Map of Williams Lake Road Land Exchange, Right of Way
Acquisition, Grading Permit, and Sketch of Easement on file in County Clerk’s office.
FISCAL NOTE (MISC. #05310)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENTS OF AVIATION AND FACILITIES MANAGEMENT – CONVEYANCE OF
COUNTY OWNED PROPERTY TO THE ROAD COMMISSION FOR OAKLAND COUNTY, OAKLAND
COUNTY INTERNATIONAL AIRPORT
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 Road Commission for Oakland County has requested Oakland County convey
certain parcels of land totaling 2.55 acres and grant easements for grading and drainage
over part of Oakland County International Airport property for the re-alignment of Williams
Lake Road.
2. In exchange, the Road Commission for Oakland County has offered to convey
approximately 19 acres of land immediately west of the airport, inclusive of two storage
buildings, to Oakland County.
Commissioners Minutes Continued. January 19, 2006
41
3. The appraised value of property to be conveyed to the Road Commission of Oakland
County, inclusive of easements, is $602,472 and the value of property, inclusive of two
storage buildings, to be conveyed to Oakland County is $617,185.
4. The resolution authorizes and approves the conveyance of County-owned land and
granting of easements for grading and drainage as requested by the Road Commission
for Oakland County.
5. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
Moved by Palmer supported by Molnar the resolution be adopted.
Moved by Palmer supported by Molnar the resolution be amended to strike the words “Departments of
Aviation and Facilities Management” in the title and correct to read as follows:
DEPARTMENT OF FACILITIES MANAGEMENT AND DEPARTMENT OF CENTRAL
SERVICES/AVIATION AND TRANSPORTATION DIVISION – CONVEYANCE OF COUNTY
OWNED PROPERTY TO THE ROAD COMMISSION FOR OAKLAND COUNTY, OAKLAND
COUNTY INTERNATIONAL AIRPORT
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter,
Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas,
Gershenson, Gregory, Hatchett. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #06009
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER – FRANKLIN SUBWATERSHED DRAINAGE DISTRICT DRAIN
BONDS – FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners:
Chairperson, Ladies and Gentlemen
WHEREAS the Drainage Board for the Franklin Subwatershed, by resolution adopted on
December 13, 2005, authorized and provided for the issuance by the Franklin Subwatershed Drainage
District of its Drain Bonds, Series 2006 (the "Bonds") in the aggregate principal amount of not to exceed
$1,344,073 to defray part of the cost of the Ten Hill Road and Wallbrook Court Project of the Franklin
Subwatershed; and
WHEREAS the Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per
annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and
will be subject to redemption prior to maturity as shall be determined at the time of sale by the Oakland
County Drain Commissioner as Chairman of the Drainage Board for the Franklin Subwatershed; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of
and interest on the Bonds (the "Bonds"); and
WHEREAS the Ten Hill Road and Wallbrook Court Project of the Franklin Subwatershed is necessary to
protect and preserve the public health and, therefore, it is in the best interest of the County that the Bonds
be sold.
NOW THEREFORE BE IT RESOLVED:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as
amended, the Board of Commissioners of the County hereby pledges irrevocably the full
faith and credit of the County for the prompt payment of the principal of and interest on
the Bonds, and agrees that, in the event the Charter Township of West Bloomfield or the
County shall fail or neglect to account to the County Treasurer of the County for the
amount of any special assessment installment and interest when due, the amount thereof
Commissioners Minutes Continued. January 19, 2006
42
shall be advanced immediately from County funds, and the County Treasurer is directed
to make such advancement to the extent necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out
of County funds all or any part of an installment and Interest, it shall be the duty of the
County Treasurer, for and on behalf of the County, to take all actions and proceedings
and pursue all remedies permitted or authorized by law for the reimbursement of such
sums so paid.
3. The County Treasurer or the financial consultant, Municipal Financial Consultants
Incorporated, is authorized to file with the Department of Treasury of the State of
Michigan on behalf of the County an Application for State Treasurer's Approval to Issue
Bonds with respect to the Bonds.
4. The County Treasurer is authorized to approve the circulation of a nearly final and final
official statement for the Bonds, to cause the preparation of those portions of the nearly
final and final official statement that pertain to the County, and to do all other things
necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of
1934, as amended (the "Rule"). The County Treasurer is authorized to execute and
deliver such certificates and to do all other things that are necessary to effectuate the
sale and delivery of the Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in the name and on
behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule
and (ii) amendments to such certificate from time to time in accordance with the terms of
such certificate (the certificate and any amendments thereto are collectively referred to
herein as the "Continuing Disclosure Certificate"). The County hereby covenants and
agrees that it will comply with and carry out all of the provisions of the Continuing
Disclosure Certificate. The remedies for any failure of the County to comply with and
carry out the provisions of the Continuing Disclosure Certificate shall be as set forth
therein.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: BOARD OF COMMISSIONERS – 2005 ANNUAL REPORT OF THE PLANNING AND
BUILDING COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
In accordance with Section “(D.) (5.),” Rule XI of the Board Rules, your Planning and Building Committee
has completed the 2005 portion of its biennial inspection of County-owned buildings and grounds. The
facilities inspected were: Animal Control Center, Central Heating, Community Mental Health, Farmer’s
Market, “L” Building, Law Enforcement Complex, Materials Management Center, Medical Care Facility,
North Office Building, Former Oakland Schools, Pontiac Health, Public Works Building, Trusty Camp,
West Oakland Building, Work Release Facility, and Oakland County International Airport. Copies of the
individual building reports are on file with the Committee Coordinator and are available for review. The
facilities inspected were found to be clean and well maintained. Minor deficiencies were brought to the
attention of staff for immediate correction.
Approved Projects Completed in 2005 Include:
1. Completed Information Technology/Annex I Landscaping.
2. Completed Medical Care Facility Parking Lot Repaving.
3. Completed 2005 Roof Replacement Program (Executive Office Building and Courthouse
East Wing).
4. Approved selection of Architect/Engineering Firm for 88 Acre Service Center Master
Plan.
Commissioners Minutes Continued. January 19, 2006
43
5. Completed twenty (20) FMO Division Special Projects.
6. Completed Jail Line Lock Replacement Project.
7. Approved 2006 Facilities Maintenance and Operations Special Project Budget.
8. Preliminary approval of 2006-2010 Capital Improvement Program.
9. Completed Emergency Electrical Generators Project.
10. Approved award of Design and Construction Manager Contracts for renovation of former
CMH Facility.
11. Approved award of contract for 2005 Service Center Sidewalk Program.
12. Approved relocation of Fallen Heroes Memorial.
13. Approved miscellaneous remodeling project at 52-1 District Court.
14. Approved renovation of former CMH Facility for Sheriff’s Department Administration.
15. Authorized receipt of bids for Boot Camp Building Addition and Renovation Project.
16. Approved lease renewal for Risk Management.
17. Approved 3 Construction License and Lease Agreements with CVT’s for New
Countrywide Radio System Towers.
18. Approved purchase of 346 acres of property for Addison Oaks on behalf of Oakland
County Parks and Recreation Commission.
19. Completed numerous utility easement agreements.
20. Approved lease extension for 52-1 Novi District Courthouse.
Projects underway and expected to be completed in 2006:
1. Completion of Public works East Lot Repaving.
2. Completion of 2006 Roof Replacement Program (Courthouse Tower & Courthouse West
Wing).
3. Completion of Trusty Camp Storage Building.
4. Completion of 88 Acre Service Center Master Plan.
5. Completion of renovation of former CMH Facility for Sheriff’s Department Administration.
6. Completion of Airport T-Hangers.
7. Completion of Boot Camp Addition and Master Plan.
8. Completion of Security Enhancements for County Facilities.
9. Completion of Lease Extension for Community Corrections Division.
Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Gershenson the Planning and Building Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Palmer supported by Gershenson the Planning and Building Committee Report be received
and filed.
Vote on report:
AYES: Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers,
Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas,
Gershenson, Gregory, Hatchett, Jamian. (25)
NAYS: (0)
A sufficient majority having voted in favor, the report was received and filed.
Commissioners Minutes Continued. January 19, 2006
44
MISCELLANEOUS RESOLUTION #06010
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT/MANAGEMENT AND BUDGET/REIMBURSEMENT DIVISION -
INFORMATION TECHNOLOGY SYSTEMS DEVELOPMENT SUPPORT FOR THE DEVELOPMENT OF
THE REQUIRED STATE COURT ADMINISTRATIVE OFFICE (SCAO) REPORTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State Court Administrative Office (SCAO) is requiring that all circuit courts and circuit
court family divisions provide improved annual reporting and collection management information, in the
form of standardized reports, to the courts and the State Court Administrative Office (SCAO) effective
July 15, 2006; and
WHEREAS the reports will be utilized to monitor court collections, identify best practices, and identify
courts that need direct technical assistance; and
WHEREAS a firm estimate of Information Technology (IT) systems development project hours has been
determined to be 489 hours at $82 per hour ($40,098) for project development support.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes a
one-time nonrecurring appropriation of $40,098 to fund Information Technology systems development
support to ensure successful implementation of the new State Court Administrative Office (SCAO)
reporting requirements.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #06011
BY: Public Services Committee – Jeff Potter, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION/FRIEND OF THE COURT – REORGANIZATION AND
PERSONNEL RELATED ACTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the funding for Circuit Court/Family Division/Friend of the Court is approximately 66%
reimbursed by the Cooperative Reimbursement Program through the Michigan Department of Human
Services and approximately 34% funded by General Fund/General Purpose dollars; and
WHEREAS after review of the duties and responsibilities within their area the Circuit Court/Family
Division/Friend of the Court has determined that certain reclassifications will save General Fund/General
Purpose dollars; and
WHEREAS the impending retirement of management personnel has precipitated the need for the
proposed realignment of duties to coordinate with anticipated skill sets; and
WHEREAS the proposed realignment of duties is anticipated to increase efficiencies in the Friend of the
Court operation; and
WHEREAS the Human Resource Department has analyzed the proposed changes and is in agreement
with the Friend of the Court on these proposed changes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
downward reclassification of the Chief Assistant - FOC Operations position (#3010404-02431) from
Salary Grade 20 to Salary Grade 17 effective with the vacating of the position by the current incumbent.
BE IT FURTHER RESOLVED that the Chief-Child Support Account and Banking position (3010404-
07323) and the employee be upwardly reclassified from Salary Grade 16 to Salary Grade 17.
BE IT FURTHER RESOLVED that a new classification titled F.O.C. Case Assistant – Supervisor be
created as a Salary Grade 8, overtime non-exempt.
BE IT FURTHER RESOLVED that positions 3010404-00794 and 3010404-01210 be upwardly
reclassified from F.O.C. Case Assistant to the newly created classification of F.O.C. Case Assistant –
Supervisor.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
Commissioners Minutes Continued. January 19, 2006
45
MISCELLANEOUS RESOLUTION #06012
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES
IN THE CHARTER TOWNSHIP OF ROYAL OAK 2004-2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Royal Oak Township has contracted with the Oakland County Sheriff's Office to provide law
enforcement services for the Township (Miscellaneous Resolution #04119); and
WHEREAS Schedule A of this contract provides that if the Michigan State Police provides a State
Trooper for forty hours per week, the Sheriff will reduce one contracted Deputy II; and
WHEREAS through contract amendment #1 (Miscellaneous Resolution #04156) two Deputy II (with fill-in)
positions were deleted at the request of the Charter Township of Royal Oak; and
WHEREAS through contract amendment #2 (Miscellaneous Resolution #04188) one Deputy II (with fill-in)
position was deleted at the request of the Charter Township of Royal Oak; and
WHEREAS the Sheriff has reduced the number of Deputy II's for the Charter Township of Royal Oak by
three (3); therefore, the invoice to the Charter Township of Royal Oak was adjusted accordingly; and
WHEREAS the Michigan State Police has agreed to provide patrols for the midnight shift in the Charter
Township of Royal Oak; and
WHEREAS this action will provide the Charter Township of Royal Oak the ability to reduce three (3)
Deputy II (with fill-in) positions; and
WHEREAS the Charter Township of Royal Oak has requested to delete three (3) Deputy II (w/fill-in); and
WHEREAS the Sheriff has agreed to delete three (3) Deputy II (with fill-in) positions for the Charter
Township of Royal Oak under the terms of this contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
deletion of three (3) Deputy II positions (#4030627-09298, #4030627-09303, #4030627-09305) in
accordance with the Oakland County Sheriff's Department 2004-2008 Law Enforcement Services
Agreement with the Charter Township of Royal Oak.
BE IT FURTHER RESOLVED that one patrol vehicle with mobile, prep, MDC and video camera be
deleted from the county fleet.
BE IT FURTHER RESOLVED that this deletion will take effect on February 4, 2006.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Schedule A, Schedule A-1, and Amendment 3 on file in County Clerk’s office.
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #06013
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
IN THE CHARTER TOWNSHIP OF OXFORD 2004-2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Charter Township of Oxford has contracted with the Oakland County Sheriff's Department
to provide law enforcement services for the Township (Miscellaneous Resolution #03368); and
WHEREAS paragraph 24 of this contract provided that an amendment to this contract must be approved
by concurrent resolutions of both the Oakland County Board of Commissioners and the Charter Township
of Oxford Board; and
WHEREAS the Charter Township of Oxford has approved a proposed amendment to the contract
(Schedule A and A-1) which would delete one (1) Patrol Investigator bringing the new total of contracted
positions to sixteen (16); and
WHEREAS the Sheriff has agreed to delete one (1) Patrol Investigator for the Charter Township of Oxford
under the terms of this contract.
Commissioners Minutes Continued. January 19, 2006
46
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
deletion of one (1) Patrol Investigator position in accordance with the Oakland County Sheriff's
Department 2004-2008 Law Enforcement Services Agreement with the Charter Township of Oxford.
BE IT FURTHER RESOLVED that one Deputy II position (#4030626-09453) be deleted effective
February 4, 2006.
BE IT FURTHER RESOLVED that one unmarked vehicle with mobile and prep radio be deleted from the
county fleet.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Schedule A, A-1, and Amendment 2 on file in County Clerk’s office.
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
REPORT (MISC. #06014)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2006 JAIL ALLIANCE WITH SUPPORT FOR INMATES
WITH CO-OCCURRING DISORDERS GRANT ACCEPTANCE AND COMMUNITY MENTAL HEALTH
AUTHORITY LETTERS OF AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution on January 12, 2006, reports
with the recommendation that the resolution’s fifth WHEREAS paragraph be amended as follows:
WHEREAS a county match in the amount of $113,334 is required and funds are available from
General Fund designations for grant opportunities the General Fund Non-Departmental Grant
match account; and
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
REPORT (MISC. #06014)
BY: Personnel Committee, Gregory C. Jamian, Chairperson
IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2006 JAIL ALLIANCE WITH SUPPORT FOR INMATES
WITH CO-OCCURRING DISORDERS GRANT ACCEPTANCE AND COMMUNITY MENTAL HEALTH
AUTHORITY LETTERS OF AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed the above referenced Resolution on January 11, 2006,
reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #06014
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2006 JAIL ALLIANCE WITH SUPPORT FOR INMATES
WITH CO-OCCURRING DISORDERS GRANT ACCEPTANCE AND COMMUNITY MENTAL HEALTH
AUTHORITY LETTERS OF AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff’s Office applied to the Michigan Department of Community Health through the
Office of Drug Control Policy for $386,130 in grant funding to continue the Jail Alliance With Support
(JAWS) program for the period October 1, 2005, through September 30, 2006; and
WHEREAS the Michigan Department of Community Health has awarded Oakland County with a grant in
the amount of $283,334, which is a $102,796 reduction from the application; and
Commissioners Minutes Continued. January 19, 2006
47
WHEREAS the reduction in funding prompted an agreement between the Community Mental Health
Authority (CMHA) and Oakland County for one-time supplemental funding in the amount of $100,000 for
Fiscal Year 2006 and has caused a shift in the funding of one (1) PTNE Inmate Substance Abuse
Technician position (#10308) from SR Grant funding to SR CMHA Reimbursement creating a position
sunset of 9/30/06; and
WHEREAS the grant provides funding for one (1) Inmate Caseworker (Pos.#10307), one (1) part-time
non-eligible 1,000 Inmate Caseworker (Pos.#10359) located in the Sheriff’s Office/Corrective Services
Division/Inmate Program Services Unit and two (2) Substance Abuse Program Analysts (Pos.#10306 and
10360) located in the Human Services Department/Health Division/Substance Abuse Unit; and
WHEREAS a county match in the amount of $113,334 is required, and funds are available from General
Fund designations for grant opportunities; and
WHEREAS the agreement with CMHA also involves the continuation of partial funding in the amount of
$65,969 for one (1) GF/GP Inmate Caseworker (Pos.#06577) assigned to Inmate Program Services; and
WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and
WHEREAS the continuation of the program is contingent upon future levels of grant program funding.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Fiscal Year 2006 Jail Alliance with Support for Inmates with Co-occurring Disorders Grant and CMHA
Letters of Agreement in the amount of $449,302 and that the Board Chairperson, on behalf of the County
of Oakland, is authorized to execute said agreements as attached.
BE IT FURTHER RESOLVED that funds in the amount of $113,334 be appropriated to the Sheriff’s Office
budget from General Fund designations for grant opportunities (Account #9010100-371466).
BE IT FURTHER RESOLVED to continue SR positions #10307, 10308 and 10359 in the Sheriff’s
Department/Corrective Services-Detention Facilities Division/Inmate Program Services Unit and positions
#10306 and 10360 in the Human Services Department/Health Division/Substance Abuse Unit, which are
associated with the JAWS Program.
BE IT FURTHER RESOLVED that funding of one (1) 1,000 hrs./yr. part-time non-eligible SR Inmate
Substance Abuse Technician (Pos. #10308) be changed from SR Grant funded to SR CMHA
Reimbursement funded with a sunset date of 9/30/06.
BE IT FURTHER RESOLVED to continue one (1) GF/GP Inmate Caseworker (Pos. #06577) in the
Corrective Services-Detention Facilities Division/Inmate Program Services which is partially funded by
CMHA.
BE IT FURTHER RESOLVED that the continuation of the positions associated with this program is
contingent upon continuation of grant or reimbursement funding.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review – Sheriff’s Office, Grant Agreement Between Michigan Department of Community
Health and Oakland County, Attachments 1 thru 7, Certifications, Assurances and Drug Court Addendum,
Addendum for Drug Treatment Courts (only), Letter of Agreement for the JAWS (Jail Alliance With
Supports) Protocol One-Time Supplemental Funding in the amount of $100,000, and Letter of Agreement
for the Fiscal Year 2006 Inmate Caseworker Position on file in County Clerk’s office.
FISCAL NOTE (MISC. #06014)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2006 JAIL ALLIANCE WITH SUPPORT FOR INMATES
WITH CO-OCCURRING DISORDERS GRANT ACCEPTANCE AND COMMUNITY MENTAL HEALTH
AUTHORITY LETTERS OF AGREEMENT
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 Michigan Department of Community Health, through the Office of Drug Control
Policy, has awarded the Sheriff’s Office $170,000 to continue its Jail Alliance With
Support (JAWS) program.
2. A County match in the amount of $113,334 is required and funds are available from the
Non-Departmental Grant Match account.
Commissioners Minutes Continued. January 19, 2006
48
3. The Sheriff’s Office secured $100,000 in supplemental funding from the Community
Mental Health Authority (CHMA) to assist in operating the program.
4. The grant provides funding for one (1) Inmate Caseworker, one (1) PTNE Inmate
Caseworker and one (1) PTNE Substance Abuse Technician position located in the
Corrective Services Division and two (2) Substance Abuse Program Analyst positions in
the Health Division.
5. A budget amendment to the Fiscal Year 2006 budget is recommended as follows:
Adopted Adjustment Amended
FY 2006 FY 2006 FY 2006
GENERAL FUND #10100
Expenditures
9090101-196030-730800 Grant Match Exp. $ -0- ($113,334) ($113,334)
4030301-989999-788001-27320 Trf. to Grant -0- 113,334 113,334
Total General Fund Expenses $ -0- $ -0- $ -0-
DRUG POLICY GRANT FUND #27320
Revenue
4030350-112620-615571 Grants-State $162,084 ($ 92,845) $ 69,239
4030350-989999-695500-10100 Trf. frm Gen. $ -0- $ 66,111 $ 66,111
4030301-112580-620467 Grant Match $ 54,028 ($ 54,028) $ -0-
4030350-112650-631827 Reimb. Genera $ -0- $100,000 $100,000
1060261-134440-615571 Grants-State $ -0- $100,761 $100,761
1060261-989999-695500-10100 Trf. frm Gen. $ -0- $ 47,223 $ 47,223
Total Drug Policy Grant Fund Revenue $216,112 $167,222 $383,334
Expenditures
4030350-112620-702010 Salaries $ 68,451 $ 19,940 $ 88,391
4030350-112620-722740 Fringe Benefits $ 25,097 $ 12,808 $ 37,905
4030350-112650-702010 Salaries $ -0- $ 24,186 $ 24,186
4030350-112650-702010 Fringe Benefits $ -0- $ 3,456 $ 3,456
4030350-112620-750399 Office Supplies $ 7,980 $ 1,074 $ 9,054
4030350-112620-731241 Miscellaneous $ 16,584 ($ 16,584) $ -0-
4030350-112650-731458 Professional Serv. $ 98,000 ($ 25,642) $ 72,358
1060261-134440-702010 Salaries $ -0- $100,761 $100,761
1060261-134440-722740 Fringe Benefits $ -0- $ 47,223 $ 47,223
Total Drug Policy Grant Fund Expenses $216,112 $167,222 $383,334
FINANCE COMMITTEE
Moved by Potter supported by Nash the resolution be adopted.
Moved by Potter supported by Nash the Finance Committee Report and the Personnel Committee Report
be accepted.
A sufficient majority having voted in favor, the reports were accepted.
Moved by Potter supported by Nash the resolution be amended to coincide with the recommendation in
the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Moved by Potter supported by Nash the resolution, as amended, be adopted.
Vote on resolution, as amended:
AYES: Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott,
Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson,
Gregory, Hatchett, Jamian, Kowall. (25)
NAYS: None. (0)
Commissioners Minutes Continued. January 19, 2006
49
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
Chairperson Bill Bullard, Jr. turned the gavel over to Vice-Chairperson Hugh Crawford so he could make
a motion to suspend the rules and introduce Miscellaneous Resolution #06015 – BOARD OF
COMMISSIONERS – TRI-COUNTY SUMMIT 2006 for immediate consideration.
Moved by Bullard supported by Moss to suspend the rules to bring Miscellaneous Resolution #06015 –
BOARD OF COMMISSIONERS – TRI-COUNTY SUMMIT 2006 before the Board for immediate
consideration.
Vote on suspension:
AYES: Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott,
Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson,
Gregory, Hatchett, Jamian, Kowall, Long. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, Miscellaneous Resolution #06015 was before the Board.
MISCELLANEOUS RESOLUTION #06015
BY: Commissioner Bill Bullard, Jr., District #2
IN RE: BOARD OF COMMISSIONERS - TRI-COUNTY SUMMIT 2006
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Commissioners from Wayne, Oakland and Macomb County and the members of the
Detroit City Council, in the spirit of regional cooperation, held their first Tri-County Summit in May of 1998;
and
WHEREAS the first Tri-County Summit was hosted by Wayne County, the Michigan State Fair and the
Michigan Association of Counties wherein common issues were identified for cooperative action; and
WHEREAS in August 1998, Oakland County hosted the second Tri-County Summit. Five Task Forces
were identified to address areas for cooperation: Mental Health, Transportation/Transit, Economic
Development, Criminal Justice and Environment; and
WHEREAS the Task Forces, which are comprised of elected officials, department representatives,
Commission and Council staff and interested parties from SEMCOG, the Detroit Regional Chamber,
Daimler Chrysler and the Citizens Research Council; and
WHEREAS in August of 1999, Macomb County hosted the third Tri-County Summit. This event focused
on the successes of the various Task Forces. The Criminal Justice Task Force had compiled an inventory
of programs offered by the Detroit Police Department11265 and the Sheriff Departments in the Tri-County
area - including how to share mug shots, finger prints and other data; the Mental Health Task Force
hosted a breakfast to discuss key appropriations and policy issues with state legislators; and the
Transportation and Economic Task Forces held a joint meeting to discuss regional transportation
solutions; and
WHEREAS the new leaders in the City of Detroit and the Counties of Wayne, Oakland and Macomb
County recognize the benefit of continuing the partnership and collaborative efforts that will strengthen
their ability to address complex issues facing our region; and
WHEREAS the Oakland County Board of Commissioners have agreed to host the 2006
Tri-County Summit on March 20, 2006 at Glen Oaks in Farmington Hills, Michigan and legislative leaders
from the City of Detroit and the Counties of Wayne, Oakland and Macomb County are invited to attend.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
recognize the significant benefit of regional cooperation and integration of efforts at promoting policies,
methods and strategies as an essential component to enhancing the economic vitality of the tri-county
region.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins with our esteemed
colleagues from the City of Detroit, Wayne County and Macomb County in affirming our support and
participation in the Tri-County Summit.
Commissioners Minutes Continued. January 19, 2006
50
BE IT FURTHER RESOLVED that the members of the Oakland County Board of Commissioners hereby
confirm that they will participate in and support the newly established Committees of the Tri-County
Summit.
BE IT FURTHER RESOLVED that copies of this adopted resolution be shared with the City Council of the
City Detroit and the County Commissioners of Wayne and Macomb Counties.
Chairperson, we move the adoption of the foregoing resolution.
BILL BULLARD, ERIC COLEMAN, DAVID
COULTER, HUGH CRAWFORD, SUE ANN
DOUGLAS, MARCIA GERSHENSON,
VINCENT GREGORY, MATTIE HATCHETT,
GREG JAMIAN, EILEEN KOWALL, CHRISTINE
LONG, TIM MELTON, THOMAS MIDDLETON,
WILLIAM MOLNAR, CHUCK MOSS, JIM NASH,
CHARLES PALMER, WILLIAM PATTERSON,
JEFF POTTER, MIKE ROGERS, JOHN SCOTT,
GEORGE SUAREZ, ERIC WILSON, DAVID
WOODWARD, HELAINE ZACK
Moved by Bullard supported by Moss the resolution be adopted.
AYES: Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory,
Hatchett, Jamian, Kowall, Long, Melton. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Chairperson Bill Bullard, Jr. assumed the gavel from Vice-Chairperson Hugh Crawford.
Moved by Kowall supported by Moss to suspend the rules to bring Miscellaneous Resolution #06016 –
BOARD OF COMMISSIONERS – SUPPORT OF LEGISLATION (SENATE BILL 965 AND SENATE BILL
966) TO RESTORE PARKS SYSTEMS’ FUNDING AS A STATE OBLIGATION before the Board for
immediate consideration.
Vote on suspension:
AYES: Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett,
Jamian, Kowall, Long, Melton, Middleton. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, Miscellaneous Resolution #06016 was before the Board.
MISCELLANEOUS RESOLUTION #06016
BY: Commissioners Eileen T. Kowall, David Coulter, Hugh D. Crawford, Christine Long
IN RE: BOARD OF COMMISSIONERS – SUPPORT OF LEGISLATION (SENATE BILL 965 AND
SENATE BILL 966) TO RESTORE PARKS SYSTEMS’ FUNDING AS A STATE OBLIGATION
To the Oakland County Board of Commissioners
Chairpersons, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners are dedicated to supporting efforts preserving
state funding for the Huron-Clinton Metropolitan Authority (HCMA) and the Oakland County Parks and
Recreation Commission; and
WHEREAS county parks and park authorities have received an Inventory Reimbursement from the State
of Michigan to fund parks and recreational sites; and
WHEREAS the State, having provided HCMA and county parks this Inventory Reimbursement since the
mid-1970s, has recognized the importance to help fund local parks for residents and visitors to enjoy; and
Commissioners Minutes Continued. January 19, 2006
51
WHEREAS the Inventory Reimbursements were sent to the local county solely as an administrative
convenience. The county did not have any discretion over the use of these funds and merely acted as an
intermediary to immediately pass through the state funding on to the HCMA and county parks; and
WHEREAS along with the changes in revenue sharing, the state eliminated the Inventory Reimbursement
to HCMA and county parks and in doing so the state has not fulfilled its obligation to restore this funding;
and
WHEREAS legislation introduced by Senator Nancy Cassis, Senate Bills 965 and 966 to amend the State
Revenue Sharing Act to rectify this funding problem by restoring the state’s obligation to fund the HCMA
and county parks.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the major provisions contained in the Parks Systems’ Funding legislation - Senate Bill 965 and
Senate Bill 966.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland
County Clerk to forward copies of this adopted resolution to the Governor of the State of Michigan,
Senator Nancy Cassis, House and Senate leadership, House and Senate General Government
Subcommittee on Appropriations, the Oakland County delegation to the state legislature, the Michigan
Association of Counties, the lobbyist for the Huron-Clinton Metropolitan Authority (HCMA), and Oakland
County’s legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
EILEEN KOWALL, DAVID COULTER, HUGH
CRAWFORD, CHRISTINE LONG, TOM
MIDDLETON, GREG JAMIAN, JOHN SCOTT,
ERIC WILSON, SUE ANN DOUGLAS, WILLIAM
PATTERSON, BILL BULLARD, CHARLES
PALMER, ERIC COLEMAN, MATTIE
HATCHETT, GEORGE SUAREZ, MARCIA
GERSHENSON, TIM MELTON, JIM NASH,
VINCENT GREGORY, DAVID COULTER,
HELAINE ZACK
Copy of Senate Bill #965 and Senate Bill #966 on file in County Clerk’s office.
Moved by Kowall supported by Moss the resolution be adopted.
AYES: Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett,
Jamian, Kowall, Long, Melton, Middleton. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #06017
BY: Commissioner Eric S. Wilson, District #3
IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR SPECIAL ELECTION FOR THE 29TH
DISTRICT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Governor Jennifer Granholm announced that in order to fill vacant House seats in the 29th
District and 56th District, special elections will be held that are concurrent with the regularly scheduled
August primary and November General Election; and
WHEREAS however, the vacant seat serving the 23rd Senate District will have a special election held in
mid-March; and
WHEREAS the 29th House District seat, has been vacated by the Honorable Clarence Phillips who was
elected Mayor of the City of Pontiac; and
Commissioners Minutes Continued. January 19, 2006
52
WHEREAS the 29th House District seat represents the communities of Pontiac and Auburn Hills. These
vital communities will go without representation for nearly a year if a special election is not held until the
regularly scheduled Primary and General Elections; and
WHEREAS in addition to over 20,000 residents, Auburn Hills is home to DaimlerChrysler, Oakland
Community College, Baker College, Oakland University and four school districts; and
WHEREAS in addition to the 50,000 residents, Pontiac has a workforce of 35,000 and a school district
that enrolls over 10,000 students; and
WHEREAS many high-tech and auto industry-related companies are members of Automation Alley which
is significantly linked to the communities of Pontiac and Auburn Hills, with many global corporations being
located within these borders; and
WHEREAS although there is a cost associated with holding a special election as early as March, both the
Oakland Press and House Speaker Craig DeRoche have rightfully pointed out that a year is too long for
communities to wait for representation; and
WHEREAS holding a special election to fill a vacancy is not unprecedented in Oakland County. The
resignation of State Senator Mike Rogers was filled at a special election held on March 20, 2001, and a
vacancy created by the January 1999 resignation of State Senator Michael Bouchard was filled at a
special election held on March 16, 1999; and
WHEREAS under the Michigan Constitution and the Michigan Election Law, the decision to call for a
special election to fill a vacancy in the office of a state representative or state senator, as well as, the
selection of dates for a special election are left to the discretion of the Governor.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges
the Governor to reconsider the previous decision and schedule a special election to fill the vacancy for
the 29th House District seat in March 2006, to ensure that the residents, taxpayers, businesses, schools
and communities within the City of Pontiac and the City of Auburn Hills are represented in the State
Legislature by a duly elected State Representative.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland
County Clerk to forward copies of this adopted resolution to Governor Jennifer Granholm, House Speaker
Craig DeRoche, the City of Pontiac, the City of Auburn Hills, Mayor Clarence Phillips, Oakland County's
legislative lobbyists and the Oakland County delegation to the state legislature.
Chairperson, we move the adoption of the foregoing resolution.
ERIC WILSON, HUGH CRAWFORD, THOMAS
MIDDLETON, SUE ANN DOUGLAS, WILLIAM
PATTERSON CHARLES PALMER, EILEEN
KOWALL, MICHAEL ROGERS, CHUCK MOSS,
JEFF POTTER, BILL BULLARD, CHRISTINE
LONG, JOHN SCOTT, WILLIAM MOLNAR,
GREG JAMIAN
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 10:30 a.m. to the call of the Chair or February 2, 2006, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson