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HomeMy WebLinkAboutMinutes - 2007.02.01 - 840726 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES February 1, 2007 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:30 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack. (24) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Hugh D. Crawford. Pledge of Allegiance to the Flag. Moved by Crawford supported by Suarez the minutes of the January 18, 2007, Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Kowall supported by Coulter the rules be suspended and the agenda be amended as follows: ITEMS ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE a. Road Commission for Oakland County Borrowing (Reason for Suspension of General Government Committee, item a.: Waiver of Rule XII.C.2: Direct Referral to the Finance Committee.) f. Clerk/Register of Deeds – Calendar Year 2007 Assistance for Survey, Monumentation and Remonumentation Grant Acceptance (Reason for Suspension of General Government Committee, item f.: Waiver of Rule IX-D: Procedure to Bring Matters Before the Committee and Waiver of Rule XII.C.2: Requirement to Refer all items Impacting County finances to the Finance Committee.) Vote on agenda, as amended: AYES: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Jacobsen, Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack. (22) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioners Minutes Continued. February 1, 2007 27 Deputy County Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson Bill Bullard, Jr., appointing Commissioners Jeff Potter and Tim Greimel to serve on the Community and Home Improvement Citizens Advisory Council for a term ending December 31, 2007. He is also appointing Jeff Potter as the Council’s Vice Chairperson. Without objection the appointments were approved. Deputy County Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson Bill Bullard, Jr., appointing Jaimie Clayton, Donnis Reese, Michelle Compton, Mary Schusterbauer, Derrick D. Green, Sr., Jane Shallal, Lisa Pangrazzi, and Daniel Toth to the Substance Abuse Advisory Council for a term ending September 30, 2008 and Commissioners Bradford Jacobsen and Karen Spector for a term ending December 31, 2008. Without objection the appointments were confirmed. Deputy County Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson Bill Bullard, Jr., appointing the following Commissioners to Lake Boards for a term ending December 31, 2008: Marsha Gershenson, Meadow Lake, David Potts, Orange Lake, and Tom Middleton, Walters Lake. Without objection the communication was received and filed. Deputy County Clerk/Register of Deeds James H. VanLeuven read a communication from Ann Russell stating Chuck Snarey will be her alternate to the Criminal Justice Coordinating Council. Without objection the communication was received and filed. Chairperson Bill Bullard, Jr. introduced Road Commissioners Larry Crake, Richard Skarritt and Eric Wilson who presented to the Board the Tri-Party Program. The following people addressed the Board: Woodruff Adams, Kathy Poore, and Bill McMaster of Taxpayers United. Moved by Gregory supported by Long the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 52.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #07012 BY: Finance Committee, Mike Rogers, Chairperson IN RE: TREASURER'S OFFICE AUTHORIZATION TO BORROW AGAINST DELINQUENT 2006 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, Commissioners Minutes Continued. February 1, 2007 28 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 2006 to the County and the local units (collectively, the "taxing units") that will have remained unpaid on March 1, 2007 and the Treasurer is authorized to pledge these amounts in addition to any amounts not already pledged for repayment of prior series of notes (or after such prior series of notes are retired as a secondary pledge) all as the Treasurer shall specify in an order when the notes authorized hereunder are issued (the "Delinquent Taxes"); and WHEREAS the Board has determined that in order to raise sufficient monies to adequately fund the Revolving Fund, the County must issue its General Obligation Limited Tax Notes, Series 2007 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 2007 Revolving Fund. In order to implement the continuation of the Revolving Fund Program and in accordance with Act 206, the County hereby establishes a 2007 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 2007 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. Commissioners Minutes Continued. February 1, 2007 29 104. 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 2007 Delinquent Tax Project Account and thereafter used to fund the whole or a part of the County's 2007 Tax Payment Account, 2007 Note Reserve Account and/or 2007 Note Payment Account, subject to and in accordance with Article VII. If the Notes are issued and sold on or after such time, the proceeds of the Notes shall be deposited directly into the County's 2007 Tax Payment Account, 2007 Note Reserve Account and/or 2007 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, 2006, 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, Commissioners Minutes Continued. February 1, 2007 30 corresponding to the day and month on which the maturity of such Notes falls, or (ii) if the Treasurer so orders, six months before such date. In the event (i) any maturity of the Notes arises either less than six months before the succeeding maturity date or less than six months after the preceding maturity date and (ii) the Treasurer so orders in writing, interest on the Notes shall be payable on such succeeding or preceding maturity date. Subject to the following sentence, Notes issued pursuant to subsection (b) of Section 203 shall, pursuant to written order of the Treasurer, bear interest monthly, quarterly, or semiannually, as provided by written order of the Treasurer. If Notes issued under this Article II are sold with a variable rate feature as provided in Article IV, such Notes may, pursuant to written order of the Treasurer, bear interest weekly, monthly, quarterly or on any put date, or any combination of the foregoing, as provided by written order of the Treasurer. (b) Interest shall not exceed the maximum rate permitted by law. (c) Interest shall be mailed by first class mail to the registered owner of each Note as of the applicable date of record, provided, however, that the Treasurer may agree with the Registrar (as defined below) on a different method of payment. (d) Subject to Section 403 in the case of variable rate Notes, the date of record shall be not fewer than 14 nor more than 31 days before the date of payment, as designated by the Treasurer prior to the sale of the Notes. 205. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution and shall reflect all material terms of the Notes. Unless the Treasurer shall by written order specify the contrary, the Notes shall be issued in fully registered form both as to principal and interest, registrable upon the books of a note registrar (the "Registrar") to be named by the Treasurer. If the Notes are issued in bearer form the Treasurer shall appoint a paying agent (the "Paying Agent"). (The Registrar or Paying Agent so named may be any bank or trust company or other entity, including the County, offering the necessary services pertaining to the registration and transfer of negotiable securities.) 206. Denominations and Numbers. The Notes shall be issued in one or more denomination or denominations of $1,000 each or any integral multiple of $1,000 in excess of $1,000, as determined by the Treasurer. Notwithstanding the foregoing, however, in the event the Notes are deposited under a book entry depository trust arrangement pursuant to Section 208, the Notes shall, if required by the depository trustee, be issued in denominations of $5,000 each or any integral multiple of $5,000. The Notes shall be numbered from one upwards, regardless of maturity, in such order as the Registrar shall determine. 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 Commissioners Minutes Continued. February 1, 2007 31 a noteholder of a sum sufficient to cover any tax or other governmental charge payable in connection with any such registration, transfer or exchange. 208. Book Entry Depository Trust. At the option of the Treasurer, and notwithstanding any contrary provision of Section 212, the Notes may be deposited, in whole or in part, with a depository trustee designated by the Treasurer who shall transfer ownership of interests in the Notes by book entry and who shall issue depository trust receipts or acknowledgments to owners of interests in the Notes. Such book entry depository trust arrangement, and the form of depository trust receipts or acknowledgments, shall be as determined by the Treasurer after consultation with the depository trustee. The Treasurer is authorized to enter into any depository trust agreement on behalf of the County upon such terms and conditions as the Treasurer shall deem appropriate and not otherwise prohibited by the terms of this Resolution. The depository trustee may be the same as the Registrar otherwise named by the Treasurer, and the Notes may be transferred in part by depository trust and in part by transfer of physical certificates as the Treasurer may determine. 209. Redemption. (a) Subject to the authority granted the Treasurer pursuant to subsection (c) of this Section (in the case of fixed rate Notes) and to the authority granted the Treasurer pursuant to Section 404 (in the case of variable rate Notes), the Notes or any maturity or maturities of the Notes shall be subject to redemption prior to maturity on the terms set forth in subsection (b) below. (b) Notes scheduled to mature after the first date on which any Notes of the series are scheduled to mature shall be subject to redemption, in inverse order of maturity, on each interest payment date arising after the date of issue. (c) If the Treasurer shall determine such action necessary to enhance the marketability of the Notes or to reduce the interest rate to be offered by perspective purchasers on any maturity of the Notes, the Treasurer may, by written order prior to the issuance of such Notes, (i) designate some or all of the Notes as non-callable, regardless of their maturity date, and/or (ii) delay the first date on which the redemption of callable Notes would otherwise be authorized under subsection (b) above. (d) Notes of any maturity subject to redemption may be redeemed before their scheduled maturity date, in whole or in part, on any permitted redemption date or dates, subject to the written order of the Treasurer. Notes called for redemption shall be redeemed at par, plus accrued interest to the redemption date, plus, if the Treasurer so orders, a premium of not more than 1%. Redemption may be made by lot or pro rata, as shall be determined by the Treasurer. (e) With respect to partial redemptions, any portion of a Note outstanding in a denomination larger than the minimum authorized denomination may be redeemed, provided such portion as well as the amount not being redeemed constitute authorized denominations. In the event less than the entire principal amount of a Note is called for redemption, the Registrar or Paying Agent shall, upon surrender of the Note by the owner thereof, authenticate and deliver to the owner a new Note in the principal amount of the principal portion not redeemed. (f) Notice of redemption shall be by first class mail 30 days prior to the date fixed for redemption, or such shorter time prior to the date fixed for redemption as may be consented to by the holders of all outstanding Notes to be called for redemption. Such notice shall fix the date of record with respect to the redemption if different than otherwise provided in this Resolution. Any defect in any notice shall not affect the validity of the redemption proceedings. Notes so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with a paying agent to redeem the same. 210. Discount. At the option of the Treasurer, the Notes may be offered for sale at a discount not to exceed 2%. Commissioners Minutes Continued. February 1, 2007 32 211. 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. 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. Commissioners Minutes Continued. February 1, 2007 33 307. 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; and (ii) the date of the Renewal Notes; and (iii) the denominations of the Renewal Notes; and (iv) the interest payment dates of the Renewal Notes; and (v) the maturity or maturities of the Renewal Notes; and (vi) the terms of sale of the Renewal Notes; and (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; and (ii) An index of municipal obligations periodically reported by a nationally recognized source; and (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; and Commissioners Minutes Continued. February 1, 2007 34 (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. (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. (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. Commissioners Minutes Continued. February 1, 2007 35 502. 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 2007 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 2007 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 2007 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 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 Commissioners Minutes Continued. February 1, 2007 36 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 2007 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 2007 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 2007 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. 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 2007 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 Commissioners Minutes Continued. February 1, 2007 37 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 2007 Note Reserve Account created under Section 703 or the 2007 Note Payment Account created under Section 704. Monies in the Project Account may be disbursed by the escrow agent to the County's 2007 Tax Payment Account at any time and from time to time, upon receipt of a written requisition signed by the Treasurer. 702. 2007 Tax Payment Account. The County's 2007 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. 2007 Note Reserve Account. In the event funding is provided as described in this Section 703, the Treasurer shall establish a 2007 Note Reserve Account (the "Note Reserve Account") as a distinct account within the Revolving Fund. After depositing all of the monies to fund the Tax Payment Account pursuant to Section 702, the Treasurer shall next transfer to the Note Reserve Account, either from the Project Account or directly from the proceeds of Notes, any proceeds remaining from the initial issuance of the Notes. In addition, the Treasurer may transfer unpledged monies from other County sources to the Note Reserve Account in an amount which, when added to any other amounts to be deposited in the Note Reserve Account, does not exceed the amount reasonably required for the Notes secured by the Reserve Account or, if less, 20% of the total amount of the Notes secured by the Reserve Account. Except as provided below, all monies in the Note Reserve Account shall be used solely for payment of principal of, premium, if any, and interest on the Notes to the extent that monies required for such payment are not available in the County's 2007 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. Commissioners Minutes Continued. February 1, 2007 38 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. 2007 Note Payment Account. (a) The County's 2007 Note Payment Account is hereby established as a distinct account within the Revolving Fund. (The County's 2007 Note Payment Account, as supplemented by monies held in any interim account that are designated for transfer to the 2007 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; and (ii) All statutory interest on the Delinquent Taxes; and (iii) All property tax administration fees on the Delinquent Taxes, net of any amounts applied toward the expenses of this borrowing; and (iv) Any amounts that are received by the Treasurer from the taxing units within the County because of the uncollectability of the Delinquent Taxes; and (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; and (ii) Prior to the issuance of the Notes, the Treasurer may by written order specify a cut-off date not earlier than March 1, 2007, 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 Commissioners Minutes Continued. February 1, 2007 39 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; and (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; and (iii) All amounts deposited in the Note Payment Account pursuant to Section 704(a); and (iv) All amounts deposited in the Note Reserve Account; and (v) All amounts earned from the investment of monies held in the Note Payment Account or the Note Reserve Account; and (vi) Any supplemental monies placed in the Note Payment Account and drawn in the discretion of the Treasurer from unpledged sums on the revolving funds, which pledge shall be subject to such limitations or exceptions as shall be set forth in the written order of the Treasurer. (c) If the Notes shall be issued in various series pursuant to Article V, this pledge shall in the case of any independently secured series extend only to monies in accounts or sub-accounts pertaining to the particular series. (d) If the amounts so pledged are not sufficient to pay the principal and interest when due, the County shall pay the same from its general funds or other available sources. Pursuant to written order of the Treasurer, the County may later reimburse itself for such payments from the Delinquent Taxes collected. 706. Security for Renewal, Refunding or Advance Refunding Notes. Renewal, refunding, or advance refunding Notes shall be secured by all or any portion of the same security securing the Notes being renewed, refunded or advance refunded. The monies pledged in Section 705 for the repayment of the Notes are also pledged for the repayment of the principal of, premium, if any, and interest on any renewal, refunding, or advance refunding Notes issued pursuant to this Resolution, and any such renewal, refunding, or advance refunding Notes shall be the general obligation of the County, backed by its full faith and credit, which shall include the tax obligation of the County, within applicable constitutional and statutory limits. 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. Commissioners Minutes Continued. February 1, 2007 40 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. (d) A put agreement or provision allowing the purchaser of the Notes to require the County to repurchase the Notes upon demand at such times as may be provided in such put agreement or provision. (e) An agreement to use amounts formerly pledged to other years borrowings as security for the Notes when no longer so pledged. 802. Revolving Credit Notes. If the Treasurer enters into a revolving credit agreement (the "Agreement") pursuant to Section 801 above, the Agreement may call for the issuance of one or more revolving credit notes (the "Revolving Credit Notes") for the purpose of renewing all or part of maturing Notes or Notes that have been put pursuant to a put agreement or provision. Such Revolving Credit Notes shall be issued pursuant to Article II or III, as appropriate, and in accordance with the following provisions: (a) Interest on the Revolving Credit Notes may be payable on maturity, on prior redemption, monthly, bi-monthly, quarterly, or as otherwise provided in the Agreement. (b) The Revolving Credit Notes may mature on one or more date or dates not later than the final maturity date of the Notes, as provided in the Agreement. (c) The Treasurer may, at the time of the original issuance of the Notes, execute and deliver one Revolving Credit Note in a maximum principal amount not exceeding the lending commitment under the Agreement from time to time in force (and may substitute one such Note in a lesser principal amount for another in the event the lending commitment is reduced), provided that a schedule shall be attached to such Note on which loans and repayments of principal and interest are evidenced and further provided that the making of a loan and the evidencing of such loan on the schedule of any such Note shall constitute the issuance of a renewal Note for purposes of this Resolution. IX. MISCELLANEOUS PROVISIONS 901. Expenses. Expenses incurred in connection with the Notes shall be paid from the property tax administration fees collected on the Delinquent Taxes and, if so ordered by the Treasurer, from any earnings on the proceeds of the offering or from other monies available to the County. 902. Bond Counsel. The Notes (and any renewal, refunding or advance refunding Notes) shall be delivered with the unqualified opinion of Axe and 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. Commissioners Minutes Continued. February 1, 2007 41 904. 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 2007 Note Payment Account no later than five weeks prior to the final maturity of the Notes. This Section 905 shall not be construed to limit the authority of the Treasurer under State law to charge back under other circumstances or at other times. 906. Investments. The Treasurer is authorized to invest all monies in the Project Account, in the Revolving Fund or in any account or sub-account therein that is established pursuant to this Resolution in any one or more of the investments authorized as lawful investments for counties under Act No. 20, Public Acts of 1943, as amended. The Treasurer is further authorized to enter into a contract on behalf of the County under the Surplus Funds Investment Pool Act, Act No. 367, Michigan Public Acts of 1982, as amended, and to invest in any investment pool created thereby monies held in the Project Account, in the Revolving Fund, or in any account or sub-account therein which is established pursuant to this Resolution. 907. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is mutilated, lost, stolen, or destroyed, the Treasurer may, on behalf of the County, execute and deliver, or order the Registrar or Paying Agent to authenticate and deliver, a new Note having a number not then outstanding, of like date, maturity and denomination as that mutilated, lost, stolen or destroyed. In the case of a mutilated Note, a replacement Note shall not be delivered unless and until such mutilated Note is surrendered to the Treasurer or the Registrar or Paying Agent. In the case of a lost, stolen, or destroyed Note, a replacement Note shall not be delivered unless and until the Treasurer and the Registrar or Paying Agent shall have received such proof of ownership and loss and indemnity as they determine to be sufficient. ARTICLE X. TAX-EXEMPT NOTES OR REFUNDING 1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The County acknowledges that the current state of Federal law precludes the issuance of the Notes as obligations the interest on which is exempt from Federal income tax. However, the County presently contemplates that anticipated amendments to the Internal Revenue Code of 1986 (the "Code") and/or the Treasury Regulations issued thereunder (the "Regulations") or a change in Michigan law changing the character of the Notes may in the future permit the issuance of general obligation limited tax notes on a tax-exempt basis, and, in view of this expectation, the County, through the offices of the Treasurer, shall issue tax-exempt notes or issue obligations to refund any or all outstanding Notes issued as taxable obligations, at the time, on the terms, and to the extent set forth in this Article X. 1002. Timing of Refunding. The aforementioned refunding obligations (the "Refunding Notes") shall be issued after the effective date of any change in the Code, Regulations, Internal Revenue Service pronouncements or judicial rulings which, as confirmed by the written opinion of bond counsel, permit the refunding of all or some of the outstanding Notes with proceeds from obligations the interest on which is excluded from gross income for purposes of Federal income tax. Commissioners Minutes Continued. February 1, 2007 42 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; and (ii) the County will undertake all actions as shall be necessary to maintain the Notes or Refunding Notes as obligations the interest on which qualifies for the tax exemption provided by Section 103(a) of the Code, including, where appropriate and without limitation, filing informational returns with the Secretary of Treasury, keeping accurate account of all monies earned in any fund, account or sub- account authorized by this Resolution or any resolution adopted in accordance with Section 1004 above, certifying cumulative cash flow deficits of the County and the local units, and investing any required portion of the gross proceeds of the Notes or Refunding Notes, whether on behalf of the County or the local units, in tax-exempt obligations or State and Local Government Series obligations; and (iii) the County will make timely payment to the United States of any investment earnings, realized by the County on the gross proceeds of the Notes or Refunding Notes, as may be subject to rebate under Section 148(f) of the Code, and, to the extent required under applicable law or deemed by the Treasurer to be in the best interest of the County pursuant to written order, the County's obligation to make such payment to the United States shall also account for excess investment earnings realized by local units on all or a portion of the gross proceeds distributed to, and held by, the local units pursuant to Section 702; and (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 Commissioners Minutes Continued. February 1, 2007 43 (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 52.) *MISCELLANEOUS RESOLUTION #07013 BY: Finance Committee, Mike Rogers, Chairperson IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT 2006 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 52.) *MISCELLANEOUS RESOLUTION #07014 BY: Finance Committee, Mike Rogers, Chairperson IN RE: TREASURER’S OFFICE - BOARD OF COMMISSIONERS APPROVAL TO WAIVE INTEREST AND FEES FOR CERTAIN QUALIFYING TAXPAYERS THROUGH APRIL 30, 2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS many Oakland County taxpayers rely on their refund checks for the Homestead Property Tax Credit they receive from the State of Michigan as a part of their Michigan Income Tax refund to pay their current year property taxes; and WHEREAS pursuant to Section 211.44(3) of the Michigan Compiled Laws, which reads in part: “A late penalty charge may be waived by the governing body of a city or township for the homestead property of a senior citizen, paraplegic, quadriplegic, eligible servicemen, eligible veteran, eligible widow, totally and permanently disabled person, or blind person, as those person defined in Chapter 9 of Act No. 281 of Public Acts of 1967, as amended, being Sections 206.501 to 206.532 of the Michigan Compiled Laws, if the person makes a claim before February 15 for a credit for that property provided by Chapter 9 of Act No. 281 of the Public Acts of 1967, as amended, presents a copy of the form filed for that credit to the local treasurer and if the person has not received the credit before February 15; 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, 2007 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 Commissioners Minutes Continued. February 1, 2007 44 all County interest and fees(for the 2006 property tax collections) through April 30, 2007 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 52.) *MISCELLANEOUS RESOLUTION #07015 BY: General Government Committee, Christine Long, Chairperson IN RE: ROAD COMMISSION FOR OAKLAND COUNTY BORROWING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of County Road Commissioners of the County of Oakland, Michigan (the "Issuer") intends to authorize the issuance and sale of its five-year Michigan Transportation Fund Notes, pursuant to Act 143, Public Acts of Michigan, 1943, as amended ("Act 143"), in an amount not to exceed Five Million Dollars ($5,000,000) (the "Notes") in anticipation of, and for the payment which shall be pledged, future revenues derived from state collected taxes returned to the County of Oakland (the "County") for County road purposes pursuant to law, for the purpose of defraying part of the cost of improvement of County highways and general County road purposes, all as more particularly described on Exhibit A, and such other or different projects as the Issuer may identify at the time the Notes are authorized to be issued; and WHEREAS pursuant to Section 1 of Act 143, the Oakland County Board of Commissioners must approve issuance of the Notes by the Issuer before the Notes may be authorized by the Issuer; and WHEREAS the Issuer, by resolution, has previously requested the authorization of the Oakland County Board of Commissioners to issue the Notes. NOW THEREFORE BE IT RESOLVED that: 1. The Board of County Road Commissioners of the County of Oakland is authorized to borrow and issue its Notes, in the principal amount of not to exceed $5,000,000, to provide funds for the purposes described in the preamble to this resolution, all pursuant to Act 143. The interest rate on the Notes shall not exceed the maximum rate of interest permitted by law at the time of sale and there shall be pledged for the payment of such Notes future revenues derived from State collected taxes returned to the County for County road purposes. The full faith and credit of the County shall not be pledged for the payment of such Notes. 2. The County Treasurer is authorized to execute any and all agreements, certificates and documents necessary to effectuate issuance of the Notes. 3. The County Treasurer is authorized and directed in each year to set aside in a separate fund from the State collected taxes returned to the County for County road purposes pursuant to law which have not been specifically allocated for other purposes an amount sufficient for the payment of the principal of and interest on the Notes as the same become due. 4. The County Treasurer is authorized, to the extent authorized by law, to take all actions within the County Treasurer's control necessary to maintain the exemption of the interest on the Notes from general federal income taxation (as opposed to alternative minimum or other indirect taxation) under the Internal Revenue Code of 1986, as amended, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Note proceeds and monies deemed to be Note proceeds. 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. February 1, 2007 45 Copy of Exhibit A – Proposed Road Improvement Program on file in County Clerk’s office. FISCAL NOTE (MISC. #07015) BY: Finance Committee, Mike Rogers, Chairperson IN RE: ROAD COMMISSION FOR OAKLAND COUNTY BORROWING 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 Board of County Road Commissioners of the County of Oakland, Michigan intends to authorize the issuance and sale of its Michigan Transportation Fund Notes, pursuant to Act 143, Public Acts of Michigan 1943, as amended, in the amount not to exceed $5,000,000. 2. The issuance and sale of Notes is in anticipation of, and for the payment which shall be pledged, future revenues derived from state collected taxes returned to the County of Oakland for County road purposes. 3. The revenues will be used for the purposes of defraying part of the cost of construction and improvement of certain local roads in the County on a special assessment basis. 4. The full faith and credit of the County is not being pledged and approval of the resolution does not pose any fiscal obligation to the County. FINANCE COMMITTEE (The vote for this motion appears on page 52.) *REPORT (MISC. #07016) BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND LAND ACQUISITION GRANT PROJECT AGREEMENT NO. TF05-032 HIGHLAND TOWNSHIP PROPERTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the item entitled, “Parks and Recreation Commission – Approval and Acceptance of Michigan Department of Natural Resources Trust Fund Land Acquisition Grant Project Agreement No. TF06-032 Highland Township Property” on January 23, 2007, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #07016 BY: General Government Committee, Christine Long, Chairperson IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND LAND ACQUISTION GRANT PROJECT AGREEMENT NO. TF05-032 HIGHLAND TOWNSHIP PROPERTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Natural Resources has offered a Land Trust Fund Grant in the amount of $1,440,000 to provide partial funding for the acquisition of approximately 260 acres of land in Highland Township; and WHEREAS local County matching funds in the amount of $2,160,000 is available in the Oakland County Parks and Recreation Land Acquisition Fund; and WHEREAS the Oakland County Parks and Recreation Commission on January 3, 2007 supported the approval and acceptance of said Grant; and WHEREAS the Acquisition of the Highland Township Property meets the goals and objectives of the Oakland County Recreation Master Plan dated February 6, 2002; and Commissioners Minutes Continued. February 1, 2007 46 WHEREAS the Grant Project Agreement has been approved by the County Executive Contract Review Process and Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners of the County of Oakland, Michigan, does hereby accept the terms and conditions of the attached Michigan Department of Natural Resources Trust Fund Land Acquisition Project Agreement No. TF05-032 and that the County of Oakland does hereby specifically agree, as follows: 1. To appropriate matching funds in the amount of Two Million One Hundred Sixty Thousand ($2,160,000) dollars and to complete the project during the project period pursuant to the terms and conditions of the grant authorized by the DEPARTMENT OF NATURAL RESOURCES (Department). 2. To maintain satisfactory financial accounts, documents, and records and to make them available to the DEPARTMENT for auditing at reasonable times. 3. To regulate the use of the property acquired and reserved under this Agreement to assure the use thereof by the public on equal and reasonable terms. 4. To comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions of this resolution. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Michigan Department of Natural Resources Trust Fund Land Acquisition Project Agreement No. TF05-032 and all other related documents between the County of Oakland and the Michigan Department of Natural Resources, which may be required. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Parks and Recreation, Land Acquisition Project Agreement and Legal Description on file in County Clerk’s office. FISCAL NOTE (MISC #07016) BY: Finance Committee, Mike Rogers, Chairperson IN RE: PARKS AND RECREATION COMMISSION - APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND LAND ACQUISITION GRANT PROJECT AGREEMENT NO. TF05-032 HIGHLAND TOWNSHIP PROPERTY 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 Oakland County Parks and Recreation Commission has been awarded a Land Trust Fund Grant from the Michigan Department of Natural Resources in the amount of $1,440,000. 2. The grant period is from August 1, 2006 to July 31, 2007. 3. The total cost of the project is $3,600,000 for which Parks and Recreation Commission is required to provide a 60% ($2,160,000) grant match. 4. The Parks and Recreation Commission has designated local match (60%) in-kind funds in its 2007 Capital Improvement Projects Budget as coming from ¼ mill Parks and Recreation Levy for expenditures. 5. A budget amendment for Fiscal Year 2007 is recommended as follows to reflect the grant award: PARKS AND RECREATION (FUND #50800) FY 2007 Revenue 5060201-160965-690189 $1,440,000 PR Admin-Highland Oaks CIP- Capital Asset Contributions Expenditure 5060201-160965-740030 $1,440,000 PR Admin-Highland Oaks CIP-Capital Improvements Program $ -0- FINANCE COMMITTEE Commissioners Minutes Continued. February 1, 2007 47 (The vote for this motion appears on page 52.) *REPORT (MISC. #07008) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ORION 2004-2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed Miscellaneous Resolution #07008 on January 24, 2007 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 #07008 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ORION 2004-2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Orion has contracted with the Oakland County Sheriff's Office to provide law enforcement services for the Township (Miscellaneous Resolution #03354); and WHEREAS paragraph 24 of this Contract provides 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 Orion Board; and WHEREAS the Charter Township of Orion approved a proposed amendment to the contract (Schedule A- 1, Sheriff's Deputies Contracted) which would add two (2) Patrol Investigators (no-fill) for directed patrol bringing the total number of Patrol Investigators contracted to six (6) and bring the total number of staff contracted to thirty (30); and WHEREAS the Sheriff has agreed to this amendment adding two (2) Patrol Investigators for the Charter Township of Orion under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A-1 (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 2004-2008 Law Enforcement Services Agreement with the Charter Township of Orion to add two (2) Patrol Investigators (no-fill) for directed patrol. BE IT FURTHER RESOLVED that two (2) Deputy II positions be created in the Contracted Patrol Unit, Patrol Services Division, Sheriff’s Office. BE IT FURTHER RESOLVED that two (2) semi marked patrol vehicles with radio, prep, MDC, and video camera be added to the county fleet. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into this Amendment on behalf of the County of Oakland. BE IT FURTHER RESOLVED that this amendment will take effect on February 3, 2007. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A-1 and 2004-2008 Law Enforcement Services Agreement with Charter Township of Orion on file in County Clerk’s office. Commissioners Minutes Continued. February 1, 2007 48 FISCAL NOTE (MISC. #07008) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ORION 2004-2008 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 Charter Township of Orion is requesting an amendment to the contract between the Charter Township of Orion and the Oakland County Sheriff for law enforcement services beginning February 3, 2007. 2. This amendment would create two (2) Deputy II positions in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff’s Office. 3. The amendment adds two (2) semi-marked patrol vehicles with mobile and prep radio, MDC and camera to the county fleet. Funding will come from Contingency. 4. Operating revenues and expenses will equal $143,918 for Fiscal Year 2007 and $228,054 for Fiscal Year 2008. 5. A budget amendment to the Fiscal Year 2007 and Fiscal Year 2008 budget is recommended as follows: FY 2007 FY 2008 GENERAL FUND #10100 Revenue 4030601-110000-632093 Sheriff Spec. Deputies $143,918 $228,054 Total General Fund Revenue $143,918 $228,054 Expenditures 4030601-116180-702010-40130 Salaries Regular $ 79,761 $135,768 4030601-116180-722740-40130 Fringe Benefits $ 39,231 $ 65,356 4030601-110000-776661 Motor Pool $ 9,216 $ 9,600 4030601-110000-777560 Radio Comm. $ 1,182 $ 1,576 4030601-110000-772618 Equipment Rental $ 1,110 $ 1,480 4030901-110040-750070 Deputy Supplies $ 1,728 $ 1,728 4030101-112580-774677 Insurance Fund $ 1,878 $ 1,878 4030601-110000-773535 Info Tech CLEMIS $ 948 $ 1,264 4030510-116230-712020 Overtime $ 8,864 $ 9,404 $143,918 $228,054 Capital Costs 4030601-116180-788001-66100 Trfrs to Motorpool $ 52,718 4030601-116180-788001-53600 Trfrs to Radio $ 11,374 4030601-116180-788001-53500 Trfrs to CLEMIS $ 9,600 4030601-116180-788001-66400 Trfrs to Equip Fund $ 11,550 9090101-196030-730359 Contingency ($ 85,242) $ -0- Total General Fund Expenditures $143,918 $228,054 MOTOR POOL FUND #66100 Revenue 1030811-184010-631071 Leased Equipment $ 9,216 $ 9,600 1030811-184010-695500-10100 Trfrs from General $ 52,718 $ -0- Total Motorpool Revenue $ 61,934 $ 9,600 Expenditures 1030811-184010-761156 Depreciation $ 9,216 $ 9,600 Total Motorpool Expenses $ 9,216 $ 9,600 Motorpool-Estimated Change in Fund Equity $ 52,718 $ -0- Commissioners Minutes Continued. February 1, 2007 49 RADIO COMMUNICATIONS FUND #53600 Revenue 1080310-115150-631071 Leased Equipment $ 1,182 $ 1,576 1080310-115150-695500-10100 Trfrs from General $ 11,374 $ -0- Total Radio Comm. Revenue $ 12,556 $ 1,576 Expenditures 1080310-116170-750170 Expendable Equip. $ 12,556 $ 1,576 Total Radio Communications Expenses $ 12,556 $ 1,576 Radio Comm.-Estimated Change in Fund Equity $ -0- $ -0- CLEMIS FUND #53500 Revenue 1080301-116080-630931 In-Car Terminals Int. $ 948 $ 1,264 1080301-116080-695500-10100 Trfrs from General $ 9,600 $ -0- Total CLEMIS Revenue $ 10,548 $ 1,264 Expenditures 1080305-116020-761121 Depreciation Equipment $ 948 $ 1,264 Total CLEMIS Expenses $ 948 $ 1,264 CLEMIS-Estimated Change in Fund Equity $ 9,600 $ -0- EQUIPMENT FUND #66400 Revenue 1020640-182060-630658 Equipment Rental $ 1,110 $ 1,480 1020640-182060-695500-10100 Trfrs from General $ 11,550 $ -0- Total Equipment Fund Revenue $ 12,660 $ 1,480 Expenditures 1020640-182060-761121 Depreciation Equipment $ 1,110 $ 1,480 Total Equipment Fund Expenses $ 1,110 $ 1,480 Equipment Fund-Estimate Change in Fund Equity $ 11,550 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 52.) *REPORT (MISC. #07009) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF INDEPENDENCE 2004-2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed Miscellaneous Resolution #07009 on January 24, 2007 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 #07009 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF INDEPENDENCE 2004-2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Independence has contracted with the Oakland County Sheriff's Office to provide law enforcement services for the Township (Miscellaneous Resolution #03367); and WHEREAS paragraph 24 of this Contract provides 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 Independence Board; and WHEREAS Miscellaneous Resolution #05301 adopted by the Board of Commissioners on December 8, 2005 approved amendment #1 to this contract; and Commissioners Minutes Continued. February 1, 2007 50 WHEREAS the Charter Township of Independence approved a proposed amendment to the contract (Schedule A-1, Sheriff's Deputies Contracted) which would add one (1) Deputy II (no-fill) bringing the total number of Deputy II (no-fill) to twenty (20) and bring the total number of staff contracted to thirty-one (31); and WHEREAS the Sheriff has agreed to this amendment adding one (1) Deputy II (no-fill) for the Charter Township of Independence under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A-1 (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 2004-2008 Law Enforcement Services Agreement with the Charter Township of Independence to add one (1) Deputy II (no-fill). BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Contracted Patrol Unit, Patrol Services Division, Sheriff’s Office. BE IT FURTHER RESOLVED that one (1) marked patrol vehicle with mobile and prep radio, MDC and video camera be added to the county fleet. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into this Amendment on behalf of the County of Oakland. BE IT FURTHER RESOLVED that this amendment will take effect on February 3, 2007. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A-1 and 2004-2008 Law Enforcement Services Agreement with Charter Township of Independence on file in County Clerk’s office. FISCAL NOTE (MISC. #07009) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF INDEPENDENCE 2004-2008 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 Charter Township of Independence is requesting an amendment to the contract between the Charter Township of Independence and the Oakland County Sheriff for law enforcement services beginning February 3, 2007. 2. This amendment would create one (1) Deputy II position in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff’s Office. 3. The amendment adds one (1) marked patrol vehicle with mobile and prep radio, MDC and camera to the county fleet. Funding will come from Contingency. 4. Operating revenues and expenses will equal $70,572 for Fiscal Year 2007 and $112,087 for Fiscal Year 2008. 5. A budget amendment to the Fiscal Year 2007 and Fiscal Year 2008 budget is recommended as follows: FY 2007 FY 2008 GENERAL FUND #10100 Revenue 4030601-110000-632093 Sheriff Spec. Deputies $ 70,572 $112,087 Total General Fund Revenue $ 70,572 $112,087 Expenditures 4030601-116180-702010-40080 Salaries Regular $ 38,881 $ 64,884 4030601-116180-722740-40080 Fringe Benefits $ 19,228 $ 33,738 4030601-110000-776661 Motor Pool $ 4,608 $ 4,800 4030601-110000-777560 Radio Comm. $ 591 $ 788 4030601-110000-772618 Equipment Rental $ 555 $ 740 4030901-110040-750070 Deputy Supplies $ 864 $ 864 4030101-112580-774677 Insurance Fund $ 939 $ 939 Commissioners Minutes Continued. February 1, 2007 51 4030601-110000-773535 Info Tech CLEMIS $ 474 $ 632 4030510-116230-712020 Overtime $ 4,432 $ 4,702 $ 70,572 $112,087 Capital Costs 4030601-116180-788001-66100 Trfrs to Motorpool $ 26,359 4030601-116180-788001-53600 Trfrs to Radio $ 5,687 4030601-116180-788001-53500 Trfrs to CLEMIS $ 4,800 4030601-116180-788001-66400 Trfrs to Equip Fund $ 5,775 9090101-196030-730359 Contingency ($ 42,621) $ -0- Total General Fund Expenditures $ 70,572 $112,087 MOTOR POOL FUND #66100 Revenue 1030811-184010-631071 Leased Equipment $ 4,608 $ 4,800 1030811-184010-695500-10100 Trfrs from General $ 26,359 $ -0- Total Motorpool Revenue $ 30,967 $ 4,800 Expenditures 1030811-184010-761156 Depreciation $ 4,608 $ 4,800 Total Motorpool Expenses $ 4,608 $ 4,800 Motorpool-Estimated Change in Fund Equity $ 26,359 $ -0- RADIO COMMUNICATIONS FUND #53600 Revenue 1080310-115150-631071 Leased Equipment $ 591 $ 788 1080310-115150-695500-10100 Trfrs from General $ 5,687 $ -0- Total Radio Comm. Revenue $ 6,278 $ 788 Expenditures 1080310-116170-750170 Expendable Equip. $ 6,278 $ 788 Total Radio Communications Expenses $ 6,278 $ 788 Radio Comm.-Estimated Change in Fund Equity $ -0- $ -0- CLEMIS FUND #53500 Revenue 1080301-116080-630931 In-Car Terminals Int. $ 474 $ 632 1080301-116080-695500-10100 Trfrs from General $ 4,800 $ -0- Total CLEMIS Revenue $ 5,274 $ 632 Expenditures 1080305-116020-761121 Depreciation Equipment $ 474 $ 632 Total CLEMIS Expenses $ 474 $ 632 CLEMIS-Estimated Change in Fund Equity $ 4,800 $ -0- EQUIPMENT FUND #66400 Revenue 1020640-182060-630658 Equipment Rental $ 555 $ 740 1020640-182060-695500-10100 Trfrs from General $ 5,775 $ -0- Total Equipment Fund Revenue $ 6,330 $ 740 Expenditures 1020640-182060-761121 Depreciation Equipment $ 555 $ 740 Total Equipment Fund Expenses $ 555 $ 740 Equipment Fund-Estimate Change in Fund Equity $ 5,775 $ -0- FINANCE COMMITTEE Commissioners Minutes Continued. February 1, 2007 52 Vote on Resolutions on the Consent Agenda: AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted (with accompanying reports being accepted). Commissioner Mike Rogers stated there were no resolutions from the Finance Committee on the Regular Agenda to report. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE JOB EVALUATION REVIEW PANEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the recommendations by the Personnel Committee for appointments to the Job Evaluation Review Panel, recommends the filling of the seats, as follows: JOB EVALUATION REVIEW PANEL – One-Year Term Expiring 12/31/07 John A. Scott Eric Coleman George Suarez, Alternate Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Long supported by Zack the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Zack the appointments of John A. Scott, Eric Coleman and George Suarez (Alternate) to the Job Evaluation Review Panel be confirmed. Vote on appointments: AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns. (24) NAYS: None. (0) A sufficient majority having voted in favor, the appointments were confirmed. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE LIBRARY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the resignation letter from John Scott, recommends the filling of the seat by appointing Jeff Potter to the Library Board for the remainder of the five-year term expiring August 24, 2008. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. February 1, 2007 53 Moved by Long supported by Gershenson the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Gershenson the appointment of Jeff Potter to the Library Board be confirmed. Vote on appointment: AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter. (24) NAYS: None. (0) A sufficient majority having voted in favor, the appointment was confirmed. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE CRIMINAL JUSTICE COORDINATING COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the vacancies on the Criminal Justice Coordinating Council, recommends the appointments, as follows: CRIMINAL JUSTICE COORDINATING COUNCIL – 2-YEAR TERM ENDING 12/31/08 Donna Posey, Representative of Public at Large, and Anthony Bartolotta as an Alternate to Donna Posey. Woodruff Adams, Representative of Public at Large, and Ryan Berman as an Alternate to Woodruff Adams. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County Clerk’s office. Moved by Long supported by Nash the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Nash the appointments of Donna Posey, Representative of Public at Large, Anthony Bartolotta (alternate), Woodruff Adams, Representative of Public at Large, and Ryan Berman (alternate) to the Criminal Justice Coordinating Council be confirmed. Vote on appointments: AYES: Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford. (24) NAYS: None. (0) A sufficient majority having voted in favor, the appointments were confirmed. Commissioners Minutes Continued. February 1, 2007 54 MISCELLANEOUS RESOLUTION #07017 BY: General Government Committee, Christine Long, Chairperson IN RE: CLERK/REGISTER OF DEEDS - CALENDAR YEAR 2007 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this is an ongoing grant, and the fourteenth (14th) year of funding by the State of Michigan, Department of Labor and Economic Growth; and WHEREAS the grant award of $498,850 consists of $398,850 in current program costs and $100,000 as reimbursement for past expedited expenditures; and WHEREAS no additional personnel or local match is required; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS approximately 4,231 corners have been remonumented and approved by the Peer Review process and 74 corners are currently being remonumented through the Remonumentation Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Assistance for Survey, Monumentation and Remonumentation Grant for the period of January 1, 2007 through December 31, 2007 in the amount of $498,850. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED that with acceptance of the grant, the Oakland County Board of Commissioners hereby appoints the County Clerk/Register of Deeds, or her designee, as the Grant Administrator. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the continuation of the Remonumentation Program. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Memo regarding 2007 Survey and Remonumentation Grant Approval, Grant Review – Clerk/Register of Deeds, and letter from Nancy K. Johnson, Analyst, Office of Land Survey and Remonumentation on file in County Clerk’s office. FISCAL NOTE (MISC. #07017) BY: Finance Committee, Mike Rogers, Chairperson IN RE: CLERK/REGISTER OF DEEDS – CALENDAR YEAR 2007 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes acceptance of a grant from the Michigan Department of Labor and Economic Growth for on-going funding of the Remonumentation program. 2. The grant award is for Calendar Year 2007 in the amount of $498,850. 3. $398,850 will fund current program costs and $100,000 is reimbursement for expedited expenditures. 4. No county match is required. 5. A budget amendment to the Fiscal Year 2007 Special Revenue Fund budget is recommended as follows: SPECIAL REVENUE FUND #29220 Adopted Change Amended Revenue FY 2007 FY 2007 FY 2007 2010401-172180-615571 Grant-State $987,218 ($488,368) $498,850 Total Special Revenue Fund Revenue $987,218 ($488,368) $498,850 Commissioners Minutes Continued. February 1, 2007 55 Expenditures 2010401-172180-702010 Salaries $ 72,481 ($ 22,940) $ 49,541 2010401-172180-722740 Fringes $ 48,594 ($ 26,135) $ 22,459 2010401-172180-730709 Fees-Per Diem $ 15,000 $ 3,000 $ 18,000 2010401-172180-740128 Remon. Exp. $849,436 ($443,586) $405,850 2010401-172180-778675 Telephone $ 1,707 $ 1,293 $ 3,000 Total Special Revenue Fund Expenses $987,218 ($488,368) $498,850 FINANCE COMMITTEE Moved by Long supported by Crawford the resolution (with fiscal note attached) be adopted. AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #07006 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD - LIBRARY FUND APPROPRIATION FOR TRAVEL AND CONFERENCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Library Fund was originally established as a special revenue fund for gifts and donations to the Library Board; and WHEREAS the Board of Commissioners adopted Miscellaneous Resolution #01249 that made the Library Fund a designated fund balance within the General Fund for the exclusive use of Library Board activities that are authorized by the Board of Commissioners; and WHEREAS the current balance in the Designated Fund Balance for the Library Fund is $38,166; and WHEREAS on November 22, 2006, the Oakland County Library Board voted to authorize a staff person to attend the Interagency Depository Training Seminar sponsored by the Federal Depository Library Program that is being held in Washington DC in 2007, with proceeds from the Library Fund, for an amount that is not to exceed $2,000.00; and WHEREAS the Library Board is now seeking Board of Commissioners’ authorization for this $2,000.00 appropriation from the Designated Fund Balance - Library Fund. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the appropriation of $2,000.00 from Designated Fund Balance - Library Fund to Library Board for Travel and Conference in the Fiscal Year 2007 budget. BE IT FURTHER RESOLVED that any advance payments and/or reimbursement for travel and conference related expenses will fully comply with the Oakland County Travel Policy and Procedures. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #07006) BY: Finance Committee, Mike Rogers, Chairperson IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD - LIBRARY FUND APPROPRIATION FOR TRAVEL AND CONFERENCE To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Library Board voted to authorize a staff person to attend the Interagency Depository Training Seminar sponsored by the Federal Depository Library Program, to be held in Washington, D.C., July 2007. Commissioners Minutes Continued. February 1, 2007 56 2. The total amount for travel expense is not to exceed $2,000 and all reimbursement for any related expenses will comply fully with the Oakland County Travel Policy and Procedures. 3. Funds are available in the General Fund, (GL Account 371472) Designated Fund Balance Oakland County Library to cover the cost. 4. A budget amendment to the Fiscal Year 2007 budget is recommended as follows: GENERAL FUND 10100 FY 2007 Revenue 9010101-196030-665882 Planned Use of Fund Balance $2,000 Expenditure 5010301-165010-732018 Travel Conference $2,000 $ -0- FINANCE COMMITTEE Moved by Long supported by Coulter the resolution (with fiscal note attached) be adopted. Discussion followed. Vote on resolution: AYES: Gingell, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Nash, Potter, Potts, Rogers, Spector, Suarez, Woodward, Zack, Bullard, Coulter, Crawford. (18) NAYS: Gosselin, Middleton, Scott, Burns, Douglas, Gershenson. (6) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. Commissioner Tom Middleton stated there were no resolutions from the Personnel Committee on the Regular Agenda to report. MISCELLANEOUS RESOLUTION #07018 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM BLOOMFIELD TOWNSHIP FOOTING DRAIN/HOUSELEAD REHABILITATION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Bloomfield (the "Township") is in urgent need of sewage disposal facilities constituting a part of the Evergreen and Farmington Sewage Disposal Systems (the "System") as described in the form of the proposed contract hereinafter mentioned (sometimes referred to herein as the "Project"), in order to promote the health and welfare of the residents thereof, which sewage disposal facilities also would benefit the County and its residents, and the parties to said proposed contract have concluded that such facilities can be provided most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"); and WHEREAS by the terms of Act 342, the County and the Township are authorized to enter into a contract for the acquisition and construction of the Project to serve the Township and for the payment of the cost thereof by the Township in cash; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Drain Commissioner, County Agency, and the Township (the "Contract"), which Contract provides for the acquisition and construction of the Project and which Contract is hereinafter set forth in full; and WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and WHEREAS this Board of Commissioners desires to proceed with the Project and the approval and execution of the Contract to acquire and construct the Project as provided in the Contract. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: Commissioners Minutes Continued. February 1, 2007 57 1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, establishment of the Project as part of the System, which shall consist of (i) the acquisition and construction of the Evergreen Farmington Sewage Disposal System Bloomfield Township Footing Drain/Houselead Rehabilitation Project, as specified and to be located as shown in Exhibit A to the Contract (the "Project") and (ii) the services provided thereby; that the Project as part of the System shall serve the Township; that the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the Project; that the County Agency shall have all the powers and duties with respect to the Project as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Project, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the Township as hereinafter provided. 2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project and the estimates of $880,000 as the cost thereof and of 30 years and upwards as the period of usefulness thereof, are on file with the Oakland County Drain Commissioner for review by this Board of Commissioners, and are hereby approved and adopted. 3. APPROVAL OF CONTRACT. The Evergreen Farmington Sewage Disposal System Bloomfield Township Footing Drain/Houselead Rehabilitation Project Contract between the County, by and through the County Drain Commissioner and the Township, which Contract has been submitted to this Board of Commissioners, as attached, is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable. 4. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Evergreen Farmington Sewage Disposal System Bloomfield Township Footing Drain/Houselead Rehabilitation Project on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07019 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – REQUEST FOR APPROVAL OF CONTRACT WITH JNC CONSULTING, LLC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has authorized and recognized the value of professional services contracts with former county employees and established a criteria for such arrangements in resolution #93300; and WHEREAS Jean Chamberlain has functioned as the representative for Oakland County with relevant local groups in southern Oakland County for the past 12 years on contract or as an employee; and WHEREAS upon Ms. Chamberlain’s hour service limit expiring fiscal year 2006 she formed JNC Consulting, LLC to provide consulting services to various entities; and it has been determined by the Economic Development and Community Affairs Department that an effective way to continue to provide full communications and services to particularly the southern half of Oakland County can be delivered because of her expertise in the field, and her extensive experience with both groups and individuals throughout southern Oakland County; and Commissioners Minutes Continued. February 1, 2007 58 WHEREAS the county contract with Jean Chamberlain is said to expire in fiscal year 2006, and the Department of Economic Development and Community Affairs is requesting a contract basis with JNC Consulting, LLC for continued representation in southern Oakland County through December 31, 2009; and WHEREAS the cost for this contract is not to exceed $20,000 on an annual basis, and funding is included in the Economic Development and Community Affairs Professional Services account; and WHEREAS although this contract is with JNC Consulting, LLC, a former county employee, sole proprietor of the contract at the firm, the Board of Commissioners approves the contract with the County pursuant to resolution #93300; and WHEREAS the assignments for this contract will include, but not be limited to, communication representation with the 8 Mile Boulevard Association, the Woodward Avenue Action Association, including Woodward Heritage Route, and Woodward Dream Cruise committees, local business and education alliances, and with Chambers of Commerce and other local community leadership groups. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the professional services contract between the County and JNC Consulting, LLC to continue full communication and representation in southern Oakland County. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Department of Management and Budget Purchasing Division Contract #001443 and Memo from Jean Chamberlain of JNC Consulting, LLC. on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07020 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH THE ROAD COMMISSION FOR OAKLAND COUNTY - TRAFFIC INFORMATION CENTER LOCATED IN THE INFORMATION TECHNOLOGY BUILDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution No. 95310 of December 7, 1995 the Oakland County Board of Commissioners approved a lease agreement between the County of Oakland and the Road Commission for Oakland County for use of approximately 6,540 square feet of office space in the basement of the Information Technology building for use as a Traffic Operations Center; and WHEREAS said lease expired on July 31, 2006; and WHEREAS the Road Commission for Oakland County has requested that a new lease for an additional five-year term be entered into by the parties; and WHEREAS the Department of Facilities Management, with the assistance of Corporation Counsel, has negotiated the terms and conditions of the attached new Lease with representatives of the Road Commission for Oakland County; and WHEREAS pursuant to the terms and conditions of said Lease, the agreement provides for the continued use of approximately 6,540 square feet of office space in the basement of the Information Technology building from August 1, 2006 until July 31, 2011 at the rate of $14.50 per square foot with annual increases or decreases (based on County operation and maintenance cost). The Road Commission will continue to operate its Traffic Operations Center, utilize the IT computer room, training rooms, radio tower, fiber optic lines and telephone system. Oakland County will continue to provide general maintenance of the building, janitorial services and utilities; and WHEREAS the Departments of Facilities and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Lease Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and the Road Commission for Oakland County. Commissioners Minutes Continued. February 1, 2007 59 BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs it’s Chairperson or his designee to execute the attached Lease Agreement and all other related documents which may be required between the County of Oakland and the Road Commission for Oakland County. BE IT FURTHER RESOLVED that the term of the lease shall be for five (5) years and shall commence on the 1st day of August, 2006, and end on the 31st day of July, 2011. Tenant will make plans to vacate the premises on or before the 31st day of July 2011. There will be no extension of this lease. 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 Approval of Lease Agreement Road Commission for Oakland County Traffic Operations Center, Lease Agreement between County of Oakland and Road Commission for Oakland County, Attachment A - RCOC Suite and Attachment B - RCOC Equipment on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07021 BY: Tim Greimel, District #11, Karen Spector, District #16, Marcia Gershenson, District #17 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4145, SENATE BILL 117, AND ABILITY TO RETAIN EXISTING SPEED LIMITS ON GRAVEL ROADS To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the Oakland County Board of Commissioners unanimously adopted Miscellaneous Resolution #06257 on December 14, 2006, supporting legislation that would provide local units of government with the ability to retain existing speed limits on local gravel roads in response to the enactment of Public Act 85 of 2006; and WHEREAS Public Act 85 of 2006, which took effect November 9, 2006, amended the Michigan Vehicle Code (MCL 257.628 and 257.629) to require that “prima facie” speed limits be set according to the number of access points (driveways, side streets, or intersections) located along a stretch of road; and WHEREAS Public Act 85 of 2006 also established that speed limits would not be in effect unless they were posted properly in the appropriate area, such that if a speed limit sign is not present on the road, the “general speed limit” of 55 miles per hour applies; and WHEREAS this could have a negative impact by inappropriately increasing the speed limits on up to 283 gravel roadways within Oakland County, which in many instances had previously established 25 mile per hour speed limits on residential portions thereof; and WHEREAS House Bill 4145 and Senate Bill 117 would reestablish the speed limits that were in effect on November 9, 2006 within residential districts on dirt or gravel roads unless the city council of a city, the village council of a village, or a township board of a township within whose limits a dirt or gravel road is located requests that the county road commission increase the speed limit within such a district and the county road commission determines that the increase is appropriate; and WHEREAS the purpose of House Bill 4145 and Senate Bill 117 is to enable local officials to retain the speed limits within residential districts on dirt or gravel roads as such speed limits existed on November 9, 2006; and WHEREAS keeping oversight of roads within the control of local officials ensures that the safest and most responsible speed limits are established within each community. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the enactment of House Bill 4145 and Senate Bill 117 in order to provide local units of government the ability to retain speed limits within residential districts on local dirt or gravel roads. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges members of the Oakland County delegation to the Michigan legislature to vote in favor of House Bill 4145 and Senate Bill 117 and urges Governor Jennifer Granholm to sign the resulting legislation. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests the Oakland County Clerk to forward copies of this adopted resolution to Governor Jennifer Granholm, to members of the Oakland County delegation to the Michigan legislature, to the Road Commission for Oakland County, and to Oakland County's legislative lobbyists. Commissioners Minutes Continued. February 1, 2007 60 Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, KAREN SPECTOR, MARCIA GERSHENSON, GEORGE SUAREZ, HELAINE ZACK, VINCENT GREGORY, DAVID WOODWARD, JIM NASH, DAVID COULTER, TIM BURNS Moved by Greimel supported by Zack to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07021 – BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4145, SENATE BILL 117, AND ABILITY TO RETAIN EXISTING SPEED LIMITS ON GRAVEL ROADS. Vote on motion to suspend the rules: AYES: Gregory, Greimel, Hatchett, Nash, Spector, Suarez, Woodward, Zack, Burns, Coulter, Gershenson. (11) NAYS: Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott, Bullard, Crawford, Douglas, Gingell, Gosselin. (13) A sufficient majority not having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07021 – BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4145, SENATE BILL 117, AND ABILITY TO RETAIN EXISTING SPEED LIMITS ON GRAVEL ROADS failed. Discussion followed. The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #07022 BY: John A. Scott, District #5 IN RE: BOARD OF COMMISSIONERS – EVENING BOARD OF COMMISSIONERS’ MEETINGS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners welcomes public input and encourages public participation; and WHEREAS the Oakland County Board of Commissioner’s is interested in providing additional opportunities to offer input in person from residents and other interested parties that work or who are otherwise unavailable to attend daytime Board meetings; and WHEREAS the Oakland County Board of Commissioners, in an effort to determine the feasibility of holding evening meetings is proposing to establish evening Commission meetings on a trial basis for the 2007 meetings currently scheduled for April 5, April 26, May 24 and June 14 and changing the meetings to the preceding Wednesday at 6:30 p.m. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves an amendment to Rule XIII, Section I of the Board Rules reflecting that the following scheduled Board of Commissioners’ meetings will be held on the preceding Wednesday 6:30 p.m. CURRENT NEW EVENING DATE Thursday, April 5, 2007 Wednesday, April 4, 2007 Thursday, April 26, 2007 Wednesday, April 25, 2007 Thursday, May 24, 2007 Wednesday, May 23, 2007 Thursday, June 14, 2007 Wednesday, June 13, 2007 BE IT FURTHER RESOLVED that at the conclusion of the trial period, the Oversight Committee shall review the level of public participation and impact associated with holding evening meetings to make a recommendation to the Board of Commissioners relative to scheduling any future evening meetings. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Oakland County Executive, Oakland County Treasurer, Oakland County Clerk/Register of Deeds, Oakland County Sheriff, Oakland County Prosecutor and Oakland County Drain Commissioner. Commissioners Minutes Continued. February 1, 2007 61 Chairperson, we move the adoption of the foregoing resolution. JOHN SCOTT, ROBERT GOSSELIN, DAVID POTTS, TOM MIDDLETON, GEORGE SUAREZ, KAREN SPECTOR, HELAINE ZACK, TIM GREIMEL, DAVID COULTER, JIM NASH, TIM BURNS, VINCENT GREGORY, DAVID WOODWARD The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #07023 BY: Eileen Kowall, District #6, Sue Ann Douglas, District #12, Mike Gingell, District #3, Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 117 AND HOUSE BILL 4145 AND ABILITY TO RETAIN EXISTING SPEED LIMITS ON GRAVEL ROADS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #06257 – Support for Senate Bill 248 and Ability to Retain Existing Speed Limits on Gravel Roads, sponsored by Commissioner Eric Wilson, District #3, was introduced and unanimously adopted by the Oakland County Board of Commissioners on December 14, 2006; and WHEREAS SB 248 (and House Substitute Bill H-8) passed both the Michigan House and Senate with a two-thirds majority vote, given immediate effect and ordered enrolled. Upon receipt of an enrolled bill, the governor has 14 days to consider the bill; and WHEREAS the Governor vetoed SB 248; and WHEREAS Senate Bill 117 and House Bill 4145, introduced on January 30, 2007 contain essentially the same language as SB 248 of 2006, with the same goals of keeping oversight of roads with local officials and ensuring that the safest and most responsible speed limits are established within each community; and WHEREAS the Road Commission for Oakland County has established April 1, 2007 as the date to begin removing and replacing the posted 25 mph residential districts speed limit signs, in accordance with the current law which uses access points, provided no new legislative action is introduced or enacted prior to that date. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the timely passage of legislation contained in SB 117 and HB 4145, and that this legislation be given immediate effect, ordered enrolled and signed into law by the governor. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Oakland County delegation to the Michigan legislature, the Senate Committee on Transportation, the House Committee on Transportation, the Road Commission for Oakland County, Governor Jennifer Granholm and Oakland County’s Legislative Lobbyists. Chairperson, we move the adoption of the foregoing resolution. EILEEN KOWALL, SUE ANN DOUGLAS, MIKE GINGELL, ROBERT GOSSELIN, DAVID POTTS, JOHN SCOTT, CHRISTINE LONG, BILL BULLARD, TIMOTHY GREIMEL, JEFF POTTER, BRADFORD JACOBSEN, THOMAS MIDDLETON Moved by Kowall supported by Gingell to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07023 – BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 117 AND HOUSE BILL 4145 AND ABILITY TO RETAIN EXISTING SPEED LIMITS ON GRAVEL ROADS. Commissioners Minutes Continued. February 1, 2007 62 Vote on motion to suspend the rules: AYES: Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott, Bullard, Crawford, Douglas, Gingell, Gosselin. (13) NAYS: Gregory, Greimel, Hatchett, Nash, Spector, Suarez, Woodward, Zack, Burns, Coulter, Gershenson. (11) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07023 – BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 117 AND HOUSE BILL 4145 AND ABILITY TO RETAIN EXISTING SPEED LIMITS ON GRAVEL ROADS carried. Discussion followed. Moved by Zack to reconsider the Suspension of the Rules. Chairperson Bill Bullard, Jr. consulted with Deputy County Clerk James H. VanLeuven and ruled the motion to be out of order. Discussion followed. Moved by Spector supported by Zack to refer the resolution to the General Government Committee for further consideration. Chairperson Bill Bullard, Jr. consulted with Deputy County Clerk James H. VanLeuven and ruled the motion to be out of order. Discussion followed. Moved by Hatchett supported by Zack to amend the resolution to add Commissioner Tim Greimel’s name as co-sponsor of the resolution. A sufficient majority having voted in favor, the resolution was amended. Moved by Kowall supported by Gingell the resolution, as amended, be adopted. AYES: Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended was adopted. MISCELLANEOUS RESOLUTION #07024 BY: Robert M. Gosselin, District #13 IN RE: BOARD OF COMMISSIONERS – RECOGNIZE AND HONOR LATE PRESIDENT GERALD R. FORD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Gerald R. Ford was the 38th President of the United States, and he was a resident of the State of Michigan. He attended the University of Michigan and represented the people of Grand Rapids, Michigan for 25 years; and WHEREAS he and his wife, Betty, of 58 years lived and raised their four children – Michael, Jack, Steve and Susan, here in Michigan, the Great Lake State. We, the Commissioners of Oakland County, wish to recall with respect, his accomplishments and leadership, as follows: an Honor Student, a collegiate athlete, an alumnus of the University of Michigan, a graduate of Yale University’s School of Law, a Lieutenant in the U.S. Navy during World War II, a U.S. Congressman elected 13 times, House Minority Leader, chosen to be Vice President of the United States, and appointed President of the United States for the first time in the history of this nation. Clearly, Gerald R. Ford was a distinguished man of great accomplishments; and Commissioners Minutes Continued. February 1, 2007 63 WHEREAS Gerald R. Ford was appointed to the office of the Presidency when the United States was in one of its most trying hours. He understood the need to lead with strength and confidence, at a time when the American public most needed it; and WHEREAS Gerald R. Ford surrounded himself with great minds as a strong leader, his understanding of the responsibilities he assumed as President to lead our nation to put the divisiveness of the times behind us, focused our attentions toward an improving future by using a common sense approach to a dismal economy; and WHEREAS Gerald R. Ford maintained calm during very difficult social and political distress; sacrificing personal political gain for the sake of the greater good of the United States and its citizens by acting bravely in pardoning his predecessor in order to regain stability within the governmental body of the United States; and WHEREAS Gerald R. Ford is respected as a man of peace, few people are able to fully recognize that during his brief, yet historically significant presidency, which lasted from 1974 through 1977, “how sweeping and lasting were his achievements,” according to former Secretary of State Henry Kissinger; and WHEREAS Gerald R. Ford was successful in both domestic and foreign affairs, including such things as: relieving U.S. citizens of the continuing stress caused by “Watergate” ; directing the final pullout of U.S. soldiers from the Vietnam War; the rescue of 41 American servicemen from the merchant ship, the Mayaguez, when it was seized by Cambodian communist forces; support of the Helsinki Accords, which established an international standard for human rights that is still recognized today, facilitating the first political agreement between Israel and Egypt; bringing about the end of colonialism in southern Africa; and helping to establish the Group of Eight, a summit of industrialized democracies. NOW THEREFORE BE IT RESOLVED that we, the Commissioners of Oakland County and the residents of Oakland County, benefited from the self-sacrificing public service and moral integrity shown by his leadership. We declare July 14th, the date of his birthday, to be recognized as President Gerald R. Ford Day in Oakland County. BE IT FURTHER RESOLVED that this honor is to be recognized each year, on July 14th, as a respectful tribute to an honored son of Michigan, President Gerald R. Ford. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests the Oakland County Clerk to forward copies of this adopted resolution to County Executive L. Brooks Patterson, Senate Majority Leader Michael Bishop and other Oakland County Senators, Speaker of the House Andy Dillon and other Oakland County State Representatives, and Governor Jennifer Granholm. Chairperson, we move the adoption of the foregoing resolution. ROBERT GOSSELIN, BILL BULLARD, TIM BURNS, KAREN SPECTOR, VINCENT GREGORY, MARCIA GERSHENSON, VINCENT GREGORY, MATTIE HATCHETT, EILEEN KOWALL, THOMAS MIDDLETON, JEFF POTTER, MIKE ROGERS, DAVID COULTER, DAVID WOODWARD, HUGH CRAWFORD, ERIC COLEMAN, SUE ANN DOUGLAS, MICHAEL GINGELL, TIM GREIMEL, BRADFORD JACOBSEN, CHRISTINE LONG, JIM NASH, DAVID POTTS, JOHN SCOTT, GEORGE SUAREZ, HELAINE ZACK The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioners Robert Gosselin and John Scott presented a proclamation for their fellow Commissioners to sign honoring the late Donald Adams, who spent forty years serving as a Judge for the citizens of Oakland County, which will be presented to his family at the next Board meeting. Fellow Commissioners Michael Rogers and David Potts stated for the record that Judge Donald Adams was an exceptional person and public servant who served the citizens of Oakland County with great distinction. Commissioners Minutes Continued. February 1, 2007 64 Chairperson Bill Bullard, Jr. introduced Bob Daddow, Deputy County Executive, Nancy Scarlet, Director of Human Resources, and Laurie VanPelt, Director of Management and Budget, who addressed the Board with a presentation outlining the long-term financial concerns for the County. Vice Chairperson Hugh Crawford assumed the Chair and adjourned the meeting at 12:06 p.m. to the call of the Chair or March 8, 2007, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson