HomeMy WebLinkAboutMinutes - 2008.01.17 - 84383
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
January 17, 2008
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:45 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell,
Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts,
Rogers, Scott, Spector, Woodward, Zack. (24)
EXCUSED ABSENCE WITH NOTICE: Suarez. (1)
Quorum present.
Invocation given by David Woodward.
Pledge of Allegiance to the Flag.
Moved by Kowall supported by Coulter the minutes of the December 27, 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 agenda be approved as printed.
AYES: Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin,
Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers,
Scott, Spector, Woodward, Zack. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda was approved as printed.
Deputy County Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson
Bill Bullard, Jr. appointing Commissioner Eric Coleman and Nancy Dingeldey to the Oakland County
Sanitary Code Appeal Board for a term ending December 31, 2010. Without objection, the appointments
were confirmed.
Deputy County Clerk/Register of Deeds James H. VanLeuven read a communication from the board staff
thanking the Commissioners for their generous holiday gift.
The following person addressed the Board: Shawn Ciavattone from Congressman Joe Knollenberg’s
office.
Commissioners Minutes Continued. January 17, 2008
4
Moved by Rogers supported by Gershenson 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 37. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #08001
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: TREASURER'S OFFICE – AUTHORIZATION TO BORROW AGAINST DELINQUENT 2007
TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS ad valorem real property taxes are imposed by the County and the local taxing units within
the County on July 1 and/or December 1 of each year; and
WHEREAS a certain portion of these taxes remain unpaid and uncollected on March 1 of the year
following assessment, at which time they are returned delinquent to the County's treasurer (the
"Treasurer"); and
WHEREAS the Treasurer is bound to collect all delinquent taxes, interest and property tax administration
fees that would otherwise be payable to the local taxing units within the County; and
WHEREAS the statutes of the State of Michigan authorize the County to establish a fund, in whole or in
part from borrowed proceeds, to pay local taxing units within the County their respective shares of
delinquent ad valorem real property taxes in anticipation of the collection of those taxes by the Treasurer;
and
WHEREAS the County Board of Commissioners (the "Board") has adopted a resolution authorizing the
County's Delinquent Tax Revolving Fund (the "Revolving Fund Program"), pursuant to Section 87b of Act
No. 206, Michigan Public Acts of 1893, as amended ("Act 206"); and
WHEREAS such fund has been established to provide a source of monies from which the Treasurer may
pay any or all delinquent ad valorem real property taxes that are due the County, and any city, township,
school district, intermediate school district, community college district, special assessment district,
drainage district, or other political unit within the geographical boundaries of the County participating in
the County's Revolving Fund Program pursuant to Act 206 ("local units"); and
WHEREAS the Treasurer is authorized under Act 206, and has been directed by the Board, to make such
payments with respect to delinquent ad valorem real property taxes (including the property tax
administration fees assessed under subsection (6) of Section 44 of Act 206) owed in 2007 to the County
and the local units (collectively, the "taxing units") that will have remained unpaid on March 1, 2008 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 2008 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 2008 Revolving Fund. In order to implement the continuation of
the Revolving Fund Program and in accordance with Act 206, the County hereby
establishes a 2008 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 2008 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.
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103. Aggregate Amount of Notes.
(a) The Notes shall be issued in an aggregate amount to be determined by
the Treasurer in accordance with this Section.
(b) The aggregate amount of the Notes shall not be less than the amount by
which the actual or estimated Delinquent Taxes exceeds (i) the County's
participating share of Delinquent Taxes, and (ii) any sums otherwise
available to fund the Tax Payment Account established under Section
702 (including any monies held in respect of Section 704(c)).
(c) The aggregate amount of the Notes shall not be greater than the sum of
(i) the actual amount of the Delinquent Taxes pledged to the payment of
debt service on the Notes, plus (ii) the amount determined by the
Treasurer to be allocated to a reserve fund. Original proceeds of the
Notes devoted to a reserve fund shall not exceed the lesser of (A) the
amount reasonably required for those of the Notes secured by the
reserve fund, (B) 10% of the proceeds of such Notes, (C) the maximum
amount of annual debt service on such Notes, or (D) 125% of average
annual debt service on such Notes.
(d) The aggregate amount of the Notes shall be designated by the Treasurer
by written order after (i) the amount of the Delinquent Taxes, or the
amount of Delinquent Taxes to be funded by the issuance of the Notes,
has been estimated or determined, and (ii) the amount of the reasonably
required reserve fund has been calculated. Delinquent Taxes shall be
estimated based on delinquencies experienced during the past three
fiscal years and on demographic and economic data relevant to the
current tax year, and shall be determined based on certification from
each of the taxing units. The amount of the reasonably required reserve
fund shall be calculated pursuant to such analyses and certificates as the
Treasurer may request.
104. Proceeds. If the Notes are issued and sold before the Treasurer has received
certification from the taxing units of the amount of the Delinquent Taxes and if
such certification is not reasonably anticipated to occur to allow distribution of the
proceeds of the Notes within 20 days after the date of issue, the proceeds of the
Notes shall be deposited in the County's 2008 Delinquent Tax Project Account
and thereafter used to fund the whole or a part of the County's 2008 Tax
Payment Account, 2008 Note Reserve Account and/or 2008 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 2008 Tax Payment Account, 2008 Note Reserve
Account and/or 2008 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:
Commissioners Minutes Continued. January 17, 2008
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(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, 2007, and the corollary schedule setting
forth the anticipated rate of collection of those Delinquent Taxes which
are pledged to the repayment of the Notes. The amount of each maturity
and the scheduled maturity dates of the Notes shall be established to
take into account the dates on which the Treasurer reasonably
anticipates the collection of such Delinquent Taxes and shall allow for no
more than a 10% variance between the debt service payable on each
maturity date. The Notes, and the anticipated amount of pledged monies
available on such maturity date to make payment of such debt service.
(b) Alternatively, the Notes or a series of the Notes may be structured with a
single stated maturity falling not later than the fourth anniversary of the
date of issue. Notes issued under this subsection (b) shall be subject to
redemption on such terms consistent with Section 209 as shall be
ordered by the Treasurer, but in no event shall such Notes be subject to
redemption less frequently than annually.
204. Interest Rate and Date of Record.
(a) Except as otherwise provided in this paragraph, Notes issued pursuant
to subsection (a) of Section 203 shall bear interest payable semi-
annually, with the first interest payment to be payable (i) on the first date,
after issuance, corresponding to the day and month on which the
maturity of such Notes falls, or (ii) if the Treasurer so orders, six months
before such date. In the event (i) any maturity of the Notes arises either
less than six months before the succeeding maturity date or less than six
months after the preceding maturity date and (ii) the Treasurer so orders
in writing, interest on the Notes shall be payable on such succeeding or
preceding maturity date. Subject to the following sentence, Notes issued
pursuant to subsection (b) of Section 203 shall, pursuant to written order
of the Treasurer, bear interest monthly, quarterly, or semiannually, as
provided by written order of the Treasurer. If Notes issued under this
Article II are sold with a variable rate feature as provided in Article IV,
such Notes may, pursuant to written order of the Treasurer, bear interest
weekly, monthly, quarterly or on any put date, or any combination of the
foregoing, as provided by written order of the Treasurer.
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the registered owner of each
Note as of the applicable date of record, provided, however, that the
Treasurer may agree with the Registrar (as defined below) on a different
method of payment.
(d) Subject to Section 403 in the case of variable rate Notes, the date of
record shall be not fewer than 14 nor more than 31 days before the date
Commissioners Minutes Continued. January 17, 2008
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of payment, as designated by the Treasurer prior to the sale of the
Notes.
205. Note Form. The form of Note shall be consistent with the prescriptions of this
Resolution and shall reflect all material terms of the Notes. Unless the Treasurer
shall by written order specify the contrary, the Notes shall be issued in fully
registered form both as to principal and interest, registrable upon the books of a
note registrar (the "Registrar") to be named by the Treasurer. If the Notes are
issued in bearer form the Treasurer shall appoint a paying agent (the "Paying
Agent"). (The Registrar or Paying Agent so named may be any bank or trust
company or other entity, including the County, offering the necessary services
pertaining to the registration and transfer of negotiable securities.)
206. Denominations and Numbers. The Notes shall be issued in one or more
denomination or denominations of $1,000 each or any integral multiple of $1,000
in excess of $1,000, as determined by the Treasurer. Notwithstanding the
foregoing, however, in the event the Notes are deposited under a book entry
depository trust arrangement pursuant to Section 208, the Notes shall, if required
by the depository trustee, be issued in denominations of $5,000 each or any
integral multiple of $5,000. The Notes shall be numbered from one upwards,
regardless of maturity, in such order as the Registrar shall determine.
207. Transfer or Exchange of Notes.
(a) Notes issued in registered form shall be transferable on a note register
maintained with respect to the Notes upon surrender of the transferred
Note, together with an assignment executed by the registered owner or
his or her duly authorized attorney-in-fact in form satisfactory to the
Registrar. Upon receipt of a properly assigned Note, the Registrar shall
authenticate and deliver a new Note or Notes in equal aggregate
principal amount and like interest rate and maturity to the designated
transferee or transferees.
(b) Notes may likewise be exchanged for one or more other Notes with the
same interest rate and maturity in authorized denominations aggregating
the same principal amount as the Note or Notes being exchanged, upon
surrender of the Note or Notes and the submission of written instructions
to the Registrar or, in the case of bearer Notes, to the Paying Agent.
Upon receipt of a Note with proper written instructions the Registrar or
Paying Agent shall authenticate and deliver a new Note or Notes to the
owner thereof or to owner's attorney-in-fact.
(c) Any service charge made by the Registrar or Paying Agent for any such
registration, transfer or exchange shall be paid for by the County as an
expense of borrowing, unless otherwise agreed by the Treasurer and the
Registrar or Paying Agent. The Registrar or Paying Agent may,
however, require payment by a noteholder of a sum sufficient to cover
any tax or 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
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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%.
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
Commissioners Minutes Continued. January 17, 2008
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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.
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.
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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
(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.
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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.
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(e) The Notes of all series issued pursuant to Article II above shall not, in
aggregate, mature in amounts or on dates exceeding the maximum
authorized maturities set forth in Section 203.
502. Series Secured Pari Passu. If the Notes are issued in multiple series pursuant to
this Article V, each series of Notes may, by written order of the Treasurer, be
secured pari passu with the other by the security described in and the amounts
pledged by Article VII below. Moreover, such security may, pursuant to further
order of the Treasurer, be segregated in accordance with the following
provisions:
(a) The Treasurer may by written order establish separate sub-accounts in
the County's 2008 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 2008 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 2008 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; and
(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
Commissioners Minutes Continued. January 17, 2008
13
the holders of each series of Notes pertaining to the relevant sub-
accounts.
503. Series Independently Secured. If the Notes are issued in multiple series
pursuant to this Article V, each series of Notes may, by written order of the
Treasurer, be independently secured in accordance with this Section 503.
(a) Each series of Notes shall pertain to one or more taxing units, as
designated by the Treasurer pursuant to written order, and no two series
of Notes shall pertain to the same taxing unit. A school district,
intermediate school district, or community college district extending
beyond the boundaries of a city in which it is located may, pursuant to
written order of the Treasurer, be subdivided along the boundaries of one
or more cities and each such subdivision shall be deemed a taxing unit
for purposes of this Section 503.
(b) Separate sub-accounts shall be established in the County's 2008 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 2008 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 2008 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
Commissioners Minutes Continued. January 17, 2008
14
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 2008 Delinquent Tax Project Account (the "Project Account") shall be
established by the Treasurer as a separate and distinct fund of the County within
its general fund. The Project Account shall receive all proceeds from the sale of
the Notes, including any premium or accrued interest received at the time of sale.
The Project Account shall be held in trust by an escrow agent until the monies
therein are disbursed in accordance with this Article VII. The escrow agent shall
be a commercial bank, shall be located in Michigan, shall have authority to
exercise trust powers, and shall have a net worth in excess of $25,000,000. The
form and content of the agreement between the County and the escrow agent
shall be approved by the Treasurer. Subject to the following sentence, monies
deposited in the Project Account shall be expended only (i) for the purpose of
funding the Tax Payment Account established under Section 702 and (ii) to the
extent permitted by Act 206, for the purpose of paying the expenses of the
offering of the Notes. In the event the Treasurer by written order so directs,
additional funding of the Project Account may be undertaken, and any surplus
proceeds remaining in the Project Account after the Treasurer has completed the
funding of the Tax Payment Account may be transferred to either the 2008 Note
Reserve Account created under Section 703 or the 2008 Note Payment Account
created under Section 704. Monies in the Project Account may be disbursed by
the escrow agent to the County's 2008 Tax Payment Account at any time and
from time to time, upon receipt of a written requisition signed by the Treasurer.
702. 2008 Tax Payment Account. The County's 2008 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
Commissioners Minutes Continued. January 17, 2008
15
receive borrowed funds and which shall receive funds otherwise contributed by
the County.
703. 2008 Note Reserve Account. In the event funding is provided as described in
this Section 703, the Treasurer shall establish a 2008 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 2008 Note
Payment Account. Monies in the Note Reserve Account shall be withdrawn first
for payment of principal of, premium, if any, and interest on the Notes before
County general funds are used to make the payments. All income or interest
earned by, or increment to, the Note Reserve Account due to its investment or
reinvestment shall be deposited in the Note Reserve Account. When the Note
Reserve Account is sufficient to retire the Notes and accrued interest thereon,
the Treasurer may order that the Note Reserve Account be used to purchase the
Notes on the market, or, if the Notes are not available, to retire the Notes when
due. If so ordered by the Treasurer, all or any specified portion of the Note
Reserve Account may be applied toward the redemption of any Notes designated
for redemption in accordance with Section 209.
704. 2008 Note Payment Account.
(a) The County's 2008 Note Payment Account is hereby established as a
distinct account within the Revolving Fund. (The County's 2008 Note
Payment Account, as supplemented by monies held in any interim
account that are designated for transfer to the 2008 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.
Commissioners Minutes Continued. January 17, 2008
16
(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, 2008, and
only those sums payable to the Note Payment Account and
received by the County after the cut-off date shall be applied to
the Note Payment Account.
(d) The Treasurer may by written order provide that at such time as
sufficient funds shall have been deposited into the Note Payment
Account to pay all remaining amounts owed under the Notes the pledge
on any additional monies otherwise payable to the Note Payment
Account shall be discharged and such monies shall not be deposited into
the Note Payment Account or otherwise pledged toward payment of the
Notes.
(e) The Treasurer may by written order provide that in the event Notes are
issued pursuant to Article III, amounts that would otherwise be included
in the Note Payment Account or the Note Reserve Account (or any sub-
account therein for a particular series of Notes) shall not include any
amounts received by the County prior to the latest maturity date of any
series of Notes previously issued under Article II and/or Article III.
705. Limited Tax General Obligation and Pledge.
(a) The Notes shall be the general obligation of the County, backed by the
County's full faith and credit, the County's tax obligation (within
applicable constitutional and statutory limits) and the County's general
funds. The County budget shall provide that if the pledged monies are
not collected in sufficient amounts to meet the payments of the principal
and interest due on the Notes, the County, before paying any other
budgeted amounts, shall promptly advance from its general funds
sufficient monies to pay such principal and interest.
(b) In addition, the monies listed below are pledged to the repayment of the
Notes and, subject to Section 901, shall be used solely for repayment of
the Notes until the principal of, premium (if any) and interest on the
Notes are paid in full:
(i) All amounts deposited or earned in any Project Account, until
disbursed in accordance with Section 701; 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
Commissioners Minutes Continued. January 17, 2008
17
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.
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.
Commissioners Minutes Continued. January 17, 2008
18
802. Revolving Credit Notes. If the Treasurer enters into a revolving credit agreement
(the "Agreement") pursuant to Section 801 above, the Agreement may call for the
issuance of one or more revolving credit notes (the "Revolving Credit Notes") for
the purpose of renewing all or part of maturing Notes or Notes that have been put
pursuant to a put agreement or provision. Such Revolving Credit Notes shall be
issued pursuant to Article II or III, as appropriate, and in accordance with the
following provisions:
(a) Interest on the Revolving Credit Notes may be payable on maturity, on
prior redemption, monthly, bi-monthly, quarterly, or as otherwise
provided in the Agreement.
(b) The Revolving Credit Notes may mature on one or more date or dates
not later than the final maturity date of the Notes, as provided in the
Agreement.
(c) The Treasurer may, at the time of the original issuance of the Notes,
execute and deliver one Revolving Credit Note in a maximum principal
amount not exceeding the lending commitment under the Agreement
from time to time in force (and may substitute one such Note in a lesser
principal amount for another in the event the lending commitment is
reduced), provided that a schedule shall be attached to such Note on
which loans and repayments of principal and interest are evidenced and
further provided that the making of a loan and the evidencing of such
loan on the schedule of any such Note shall constitute the issuance of a
renewal Note for purposes of this Resolution.
IX. MISCELLANEOUS PROVISIONS
901. Expenses. Expenses incurred in connection with the Notes shall be paid from
the property tax administration fees collected on the Delinquent Taxes and, if so
ordered by the Treasurer, from any earnings on the proceeds of the offering or
from other monies available to the County.
902. Bond Counsel. The Notes (and any renewal, refunding or advance refunding
Notes) shall be delivered with the unqualified opinion of Axe & Ecklund, P.C.,
which selection of bond counsel may, at the option of the Treasurer, be for one or
more years.
903. Financial Consultants Municipal Financial Consultants Incorporated, Grosse
Pointe Farms, Michigan, is hereby retained to act as financial consultant and
advisor to the County in connection with the sale and delivery of the Bonds.
904. Complete Records. The Treasurer shall keep full and complete records of all
deposits to and withdrawals from each of the funds and accounts in the
Revolving Fund and any account or sub-account created pursuant to this
Resolution and of all other transactions relating to such funds, accounts and sub-
accounts, including investments of money in, and gain derived from, such funds
and accounts.
905. Chargebacks. If, by the date which is three months prior to the final maturity date
of the Notes, sufficient monies are not on deposit in the Note Payment Account
and the Note Reserve Account to pay all principal of and interest on the Notes
when due, Delinquent Taxes not then paid or recovered at or prior to the latest
tax sale transacted two or more months before the final maturity of the Notes
shall, if necessary to ensure full and timely payment on the date of final maturity,
be charged back to the local units in such fashion as the Treasurer may
determine, and, subject to Article V, the proceeds of such chargebacks shall be
deposited into the County's 2008 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.
Commissioners Minutes Continued. January 17, 2008
19
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.
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:
Commissioners Minutes Continued. January 17, 2008
20
(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
(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
Commissioners Minutes Continued. January 17, 2008
21
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 37.)
*MISCELLANEOUS RESOLUTION #08002
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT
2007 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 37.)
*MISCELLANEOUS RESOLUTION #08003
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, 2008
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, 2008 will have no measurable impact
on General Fund revenues.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, in accordance
with Section 211.59(3) of the Michigan Compiled Laws, authorize the Oakland County Treasurer to waive
all County interest and fees (for the 2007 property tax collections) through April 30, 2008 for those
taxpayers who have qualified at their city or township for a local exemption under Section 211.44(3).
Commissioners Minutes Continued. January 17, 2008
22
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 37.)
*MISCELLANEOUS RESOLUTION #08004
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: TREASURER’S OFFICE – AUTHORIZED DEPOSITORIES FOR PUBLIC FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS State of Michigan, P.A. 40 of 1942, as amended, requires the Board of Commissioners to
provide by resolution for the deposit of all public monies coming into the hands of the County Treasurer;
and
WHEREAS the Board of Commissioners’ Miscellaneous Resolutions #6836, #7045, #7428, #8030,
#84150, #89005, #92155, #97246, #01178 and #06005 have authorized depositories; and
WHEREAS this Miscellaneous Resolution will supersede all of the other Miscellaneous Resolutions
mentioned above; and
WHEREAS many of the depositories have changed names, merged or combined with other depositories.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners designates the
following named financial institutions as authorized depositories for public monies held by the County
Treasurer:
Bank of Auburn Hills Flagstar Bank The Private Bank
Bank of Birmingham Huron Valley Bank State Bank
Bank of Michigan Huntington Bank of Michigan TCF National Bank
Charter One Bank Independent Bank Warren Bank
Chemical Bank Irwin Union Bank and Trust Wolverine Bank
Citizens Banking
Corporation
JP Morgan Chase Bank
Michigan
Citizens First Savings
Bank
Key Bank
Clarkston State Bank Lasalle Bank
Comerica Bank Level One Bank
Community Central Bank Mercantile Bank
Crestmark Financial
Corporation
Michigan Heritage Bank
Fidelity Bank of Michigan National City Bank
Fifth Third Bank Northern Trust Bank
Firstbank – Mt. Pleasant Oakland Commerce Bank
First Place Bank Oxford Bank Corporation
Peoples State Bank
Succeeding banks, as a result of mergers and or acquisitions or resulting from a name change, from the
above list, shall also be deemed as authorized. In addition, any new financial institution that is formed in
the County shall also be deemed as authorized provided that the County Treasurer limits deposits to
FDIC insurance levels.
BE IT FURTHER RESOLVED that the authorized depositories are hereby authorized to honor all checks,
electronic transfers, or other automated instruments for payment of money drawn on the various accounts
when bearing or purporting the actual or facsimile signature or authorization of the Treasurer of the
County of Oakland or his designated deputies.
Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 37.)
Commissioners Minutes Continued. January 17, 2008
23
*MISCELLANEOUS RESOLUTION #08005
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – “GO KIT” ACQUISITION IN SUPPORT
OF BUSINESS CONTINUITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all public entities have a duty to prepare for emergencies and ensure continued provision of
mission-critical services to their constituents; and
WHEREAS the organization-wide effort of implementing a BCORP Program, and then having all
departments complete and test Plans, is crucial to fulfilling that duty; and
WHEREAS it is the County’s intent to continuously ensure an open, fair, and competitive bidding process;
select the best qualified vendors; and expend the County’s tax revenues judiciously; and
WHEREAS the Business Continuity of Operations and Recovery Planning (BCORP) Team has been
actively working for two years to ensure that County-wide plans have been put in place, and that
supporting supplies and procedures are also put in place; and
WHEREAS the Business Continuity of Operations and Recovery Planning (BCORP) Team has issued an
RFP for “Go Kits” (see attached contents list) that will be provided to each Division / facility to ensure that
they all have the same basic amenities in emergency situations.
NOW THEREFORE BE IT FURTHER RESOLVED that the Board of Commissioners authorizes $23,514
be appropriated from the Business Continuity Planning designation (GL Account #371340) for the
purchase of the Go Kits as follows:
GENERAL FUND (10100)
Revenue
9010101-196030-665882 Planned Use of Fund Balance $23,514
Expenditure
9010101-196030-750077 Non-Dept – Disaster Supplies $23,514
Total $ 0
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Go-Kit Contents List on file in County Clerk’s office.
(The vote for this motion appears on page 37.)
*MISCELLANEOUS RESOLUTION #08006
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – DEPARTMENT OWNED VEHICLES – FLEET
EXPANSION OF ONE (1) VEHICLE FOR DRAIN COMMISSIONER AND UPGRADE OF EXISTING
VEHICLE – OPERATIONS AND MAINTENANCE DIVISION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted a leased vehicle policy through
Miscellaneous Resolution #93230 which was amended by Miscellaneous Resolution #94357 and requires
additional vehicles to be approved by the Board of Commissioners; and
WHEREAS the Drain Commissioner, Operations and Maintenance Division, has requested the addition of
one department owned vehicle, a CCTV Truck equipped with CCTV camera and CCTV computer system;
and
WHEREAS the vehicle will be assigned to the Operations and Maintenance Division to televise
underground sewer and drain facilities; and
WHEREAS $188,000 is required to purchase the additional vehicle and includes an additional mobile
pole camera; and
WHEREAS $29,000 is also required to upgrade the existing CCTV Truck to extend the useful life of the
truck; and
WHEREAS funding is available from the Sewer Improvement Reserve and Sewer System Enterprise
Funds to cover the total capital acquisition cost of $217,000; and
Commissioners Minutes Continued. January 17, 2008
24
WHEREAS as required by policy, the County Executive’s Department of Central Services has reviewed
the request and determined it is justified within the policy.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
expansion of the fleet by (1) vehicle to be assigned to Drain Commissioner, Operations and Maintenance
Division.
BE IT FURTHER RESOLVED that the following budget amendment for Fiscal Year 2008 budget be made
for the purchase cost of the vehicle:
FY 2008
DRAIN EQUIPMENT FUND (63900)
Revenue
6010201-149750-632401-26475 Vehicle Rental $ 31,020
6010201-149750-695500-57010-26475 Transfer In 73,780
6010201-149750-695500-58410-26475 Transfer In 21,700
6010201-149750-695500-58600-26475 Transfer In 21,700
6010201-149750-695500-58510-26475 Transfer In 21,700
6010201-149750-695500-58700-26475 Transfer In 4,340
6010201-149750-695500-57482-26475 Transfer In 1,013
6010201-149750-695500-57484-26475 Transfer In 4,139
6010201-149750-695500-57471-26475 Transfer In 35,578
6010201-149750-695500-57478-26475 Transfer In 1,128
6010201-149750-695500-57463-26475 Transfer In 1,352
6010201-149750-695500-57461-26475 Transfer In 5,771
6010201-149750-695500-57476-26475 Transfer In 2,078
6010201-149750-695500-57465-26475 Transfer In 6,115
6010201-149750-695500-57491-26475 Transfer In 1,491
6010201-149750-695500-57331-26475 Transfer In 6,171
6010201-149750-695500-57341-26475 Transfer In 8,944
Total Revenue $248,020
Expense
6010201-149750-761156-26475 Depreciation Vehicles $ 11,000
6010201-149750-776661-26475 Motor Pool 3,750
6010201-149750-731157-26475 Maintenance Vehicles 10,433
6010201-149750-796500-26475 Changes in Fund Equity 222,837
Total Expenditure $248,020
MOTOR POOL FUND (66100)
Revenue
1030811-184010-630833 Gasoline Oil Grease Charges $ 3,750
Total Revenue $ 3,750
Expense
1030811-184010-750210 Gas Oil and Grease $ 3,750
Total Expenditure $ 3,750
WATER AND SEWER GENERAL ADMINISTRATIVE FUND (57010)
Expense
6010201-149300-788001-63900 Transfer Out $ 73,780
6010201-149300-796500 Changes in Fund Equity ( 73,780)
Total $ -0-
EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM (58410)
Expense
6010201-149999-788001-63900 Transfer Out $ 21,700
6010201-149999-796500 Changes in Fund Equity ( 21,700)
Total $ -0-
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM (58600)
Expense
6010201-149999-788001-63900 Transfer Out $ 21,700
6010201-149999-796500 Changes in Fund Equity ( 21,700)
Total $ -0-
Commissioners Minutes Continued. January 17, 2008
25
SOUTHEASTERN OAKLAND-GWK SEWAGE DISPOSAL SYSTEM (58510)
Expense
6010201-149999-788001-63900 Transfer Out $ 21,700
6010201-149999-796500 Changes in Fund Equity ( 21,700)
Total $ -0-
HURON-ROUGE SEWAGE DISPOSAL SYSTEM (58700)
Expense
6010201-149999-788001-63900 Transfer Out $ 4,340
6010201-149999-796500 Changes in Fund Equity ( 4,340)
Total $ -0-
BINGHAM FARMS SEWER SYSTEM (57482)
Expense
6010201-149999-788001-63900 Transfer Out $ 1,013
6010201-149999-796500 Changes in Fund Equity ( 1,013)
Total $ -0-
BLOOMFIELD HILLS SEWER SYSTEM (57484)
Expense
6010201-149999-788001-63900 Transfer Out $ 4,139
6010201-149999-796500 Changes in Fund Equity ( 4,139)
Total $ -0-
FARMINGTON HILLS SEWER SYSTEM (57471)
Expense
6010201-149999-788001-63900 Transfer Out $ 35,578
6010201-149999-796500 Changes in Fund Equity ( 35,578)
Total $ -0-
KEEGO HARBOR SEWER SYSTEM (57478)
Expense
6010201-149999-788001-63900 Transfer Out $ 1,128
6010201-149999-796500 Changes in Fund Equity ( 1,128)
Total $ -0-
LAKE ORION VILLAGE SEWER SYSTEM (57463)
Expense
6010201-149999-788001-63900 Transfer Out $ 1,352
6010201-149999-796500 Changes in Fund Equity ( 1,352)
Total $ -0-
OAKLAND TOWNSHIP SEWER SYSTEM (57461)
Expense
6010201-149999-788001-63900 Transfer Out $ 5,771
6010201-149999-796500 Changes in Fund Equity ( 5,771)
Total $ -0-
ORCHARD LAKE SEWER SYSTEM (57476)
Expense
6010201-149999-788001-63900 Transfer Out $ 2,078
6010201-149999-796500 Changes in Fund Equity ( 2,078)
Total $ -0-
OXFORD TOWNSHIP SEWER SYSTEM (57465)
Expense
6010201-149999-788001-63900 Transfer Out $ 6,115
6010201-149999-796500 Changes in Fund Equity ( 6,115)
Total $ -0-
ROYAL OAK TOWNSHIP SEWER SYSTEM (57491)
Expense
6010201-149999-788001-63900 Transfer Out $ 1,491
6010201-149999-796500 Changes in Fund Equity ( 1,491)
Total $ -0-
Commissioners Minutes Continued. January 17, 2008
26
WALLED LAKE-NOVI SEWER SYSTEM (57331)
Expense
6010201-149999-788001-63900 Transfer Out $ 6,171
6010201-149999-796500 Changes in Fund Equity ( 6,171)
Total $ -0-
COMMERCE-WHITE LAKE SEWER SYSTEM (57341)
Expense
6010201-149999-788001-63900 Transfer Out $ 8,944
6010201-149999-796500 Changes in Fund Equity ( 8,944)
Total $ -0-
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 37.)
*REPORT (MISC. #07275)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR FEDERAL TAX INTERCEPT PROPOSAL
FOR COLLECTION OF COURT ORDERED FINES, FEES AND VICTIM RESTITUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced resolution on January 7,
2008, reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #07275
BY: Eileen T. Kowall, District #6, Mike Rogers, District #14
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR FEDERAL TAX INTERCEPT PROPOSAL
FOR COLLECTION OF COURT ORDERED FINES, FEES AND VICTIM RESTITUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS many states and localities carry substantial court-ordered fines owed to them in the form of
unpaid fines, fees and other obligations; and
WHEREAS collection of a portion of these unpaid debts nationwide could result in millions of dollars
going to state and local coffers, as well as, provide restitution to victims; and
WHEREAS under current law, the U.S. Department of Treasury is authorized to intercept tax refunds for
child support debt, state/federal tax debt and federal agency debt, but not for the collection of court-
ordered fines, fees and restitution; and
WHEREAS the collection of such debts through a tax refund offset would be among the most accurate,
least intrusive and least burdensome methods to satisfy these obligations ordered by state courts; and
WHEREAS such a tax intercept program would be revenue generating mechanism that is not a tax
increase. The mechanisms are already in place to establish the program, so there would be no need to
install new, expensive equipment or protocols; and
WHEREAS the Conference of Chief Justices and Conference of State Court Administrators recognize
that allowing court-ordered penalties, fines, fees and restitution surcharges to be willfully ignored
diminishes public respect for the rule of law, and recognizes that it is in the interests of the courts that
their orders be honored; and
WHEREAS payment of unpaid court debt would promote the public trust and confidence in the judicial
system; and
WHEREAS victims would benefit, in that, 50% of any restitution goes to the victims and 50% goes to the
court; and
WHEREAS federal legislation has been introduced, S. 1287, to amend the Internal Revenue Code of
1986, to allow an offset against income tax refunds to pay for State judicial debts that are past-due; and
Commissioners Minutes Continued. January 17, 2008
27
WHEREAS this legislative proposal has received support from a broad-based coalition of public interest
groups, including the National Association for Court management, National Association of Counties,
Government Finance Officers Association, Conference of Chief Justices, Conference of State Court
Administrators, National Conference of State Legislators and the American Probation and Parole
Association.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports federal legislation to provide federal authorization for the U.S. Department of Treasury to
intercept tax refunds to pay overdue court-ordered financial obligations.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges passage of S.
1287 allow for increasing the enforcement of court orders, and by doing so increasing the collection of
court-ordered fines, fees and victim restitution.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Senator Carl Levin, Senator Debbie Stabenow, the Michigan delegation to the
United States Senate, the United States Senate Committee on Finance, the Michigan Association of
Counties, the Michigan State Court Administrator’s Office, Oakland County Chief Circuit Court Judge
Wendy Potts and Oakland County’s legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
EILEEN KOWALL, JOHN SCOTT, ROBERT
GOSSELIN, MIKE ROGERS, BRADFORD
JACOBSEN, THOMAS MIDDLETON, JEFFREY
POTTER, MICHAEL GINGELL, DAVID POTTS,
HUGH CRAWFORD, CHRISTINE LONG,
DAVID COULTER, BILL BULLARD, JIM NASH,
HELAINE ZACK, MARCIA GERSHENSON,
KAREN SPECTOR, TIM GREIMEL, TIM
BURNS, SUE ANN DOUGLAS, MATTIE
HATCHETT
Copy of S.1287 – A Bill to Amend the Internal Revenue Code of 1986 to Allow an Offset Against Income
Tax Refunds to Pay for State Judicial Debts that are Past-Due, Newspaper Articles, Conference of Chief
Justices – Policy Statements and Resolutions - Resolution 15 and Conference of State Court
Administrators - Resolution II – Regarding Court Debt Tax Refund Offset Proposal on file in County
Clerk’s office.
(The vote for this motion appears on page 37.)
*REPORT (MISC. #07277)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR KEEPING SOCIAL STUDIES ON THE
MICHIGAN MERIT EXAMINATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced resolution on January 7,
2008, reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. January 17, 2008
28
MISCELLANEOUS RESOLUTION #07277
BY: Hugh D. Crawford, District #9, Bill Bullard, Jr., District #1
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR KEEPING SOCIAL STUDIES ON THE
MICHIGAN MERIT EXAMINATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the adopted Revised School Code for the State of Michigan and the State School Aid Act
provide that public school districts administer the Michigan Merit Exam (the successor to the MEAP test)
to assess 11th grade students; and
WHEREAS the purpose of the Michigan Merit Examination is to assess pupil performance in
mathematics, science, social studies, and English language arts for the purpose of improving academic
achievement and establishing a statewide standard of competency. This assessment contributes to the
improvement of Michigan schools' curriculum and instruction by encouraging alignment with national
standards; and
WHEREAS Senate Bills 805 and 806 propose to eliminate social studies from the Michigan Merit
Examination. This would eliminate the related topics of: history, world history, world geography,
economics, and American government; and
WHEREAS the intention behind proposing to eliminate social studies is that it will save taxpayers money.
However, Oakland County Circuit Court Judge Michael Warren, who is also a former member of the State
Board of Education, aptly notes in a November 27, 2007 Detroit Free Press article that, “What is expected
and tested is what will be taught and learned. Eliminating social studies would all but be the death knell
for civics, history, geography and economics in Michigan high schools. For the sake of some savings
now, we could be paying the ultimate price later;” and
WHEREAS the study of social studies forms the basic core of thought for growing inquiring minds. This
discipline is fundamental to nurturing students to have a meaningful understanding of effective citizenry
and good government; and
WHEREAS the study of social studies is the catalyst for learning about government and the values of
civic engagement, which will help children to grow into the leaders of tomorrow. Social Studies assists
young people in developing their ability to make informed and reasoned decisions for the public good as
citizens of a culturally diverse, democratic society and as a part of an interdependent and global
economy; and
WHEREAS the elimination of social studies from the Michigan Merit Examination has the unintended
consequence of sending out a shortsighted message that a rigorous and relevant social studies
curriculum is not important in preparing students for college, the workplace and towards becoming active,
responsible citizens.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports maintaining social studies within the school districts and on the Michigan Merit Examinations.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners opposes Senate Bills
805 and 806 and any efforts that would propose to eliminate social studies from the public schools’
curriculum and on the Michigan Merit Examination.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Oakland County Circuit Court Judge Michael Warren, Senator Michael Switalski,
Senator John Pappageorge, Senator Valde Garcia, Senator Roger Kahn, the Senate Committee on
Education, the Senate Committee on Appropriations, the Oakland County delegation to the Michigan
legislature, the Michigan Association of Counties and Oakland County’s legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
HUGH CRAWFORD, BILL BULLARD, SUE
ANN DOUGLAS, JOHN SCOTT, BRADFORD
JACOBSEN, THOMAS MIDDLETON, DAVID
POTTS, MICHAEL GINGELL, CHRISTINE
LONG, JEFF POTTER, MIKE ROGERS,
EILEEN KOWALL, HELAINE ZACK, DAVID
COULTER, JIM NASH, MARCIA
GERSHENSON, KAREN SPECTOR, TIM
GREIMEL, TIM BURNS
Commissioners Minutes Continued. January 17, 2008
29
(The vote for this motion appears on page 37.)
*REPORT (MISC. #07291)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION – APPROVAL AND
ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISITION OF APPROXIMATELY 17.29
ACRES OF LAND IN THE TOWNSHIP OF ROSE FOR EXPANSION OF ROSE OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on December 4, 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 #07291
BY: General Government Committee, Christine Long, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION – APPROVAL AND
ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISITION OF APPROXIMATELY 17.29-
ACRES OF LAND IN THE TOWNSHIP OF ROSE FOR EXPANSION OF ROSE OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee, the
Oakland County Parks and Recreation Commission and the Department of Facilities Management, with the
assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the
attached Purchase Agreement with the Holly Area School District for the purchase of approximately 17.29
acres of land in Rose Township; and
WHEREAS said Purchase Agreement was recommended for approval by the Oakland County Parks and
Recreation Commission on November 7, 2007; and
WHEREAS the Oakland County Parks and Recreation Commission has budgeted sufficient funds from its
land acquisition fund to complete the purchase of said property; and
WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland
shall pay Holly Area School District the sum of $185,000 via a cash sale for the purchase of said property
subject to the County performing its required due diligence investigation of the subject property; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Purchase Agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and accepts the terms and conditions of the attached Purchase Agreement between the County of Oakland,
as purchaser, and the Holly Area School District, seller for a cash sale purchase.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Purchase Agreement and all other related documents
between the County of Oakland and the Holly Area School District, which may be required to complete the
purchase of said property.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Approval and Acceptance of Purchase Agreement – Holly Area School District Property and
Purchase Agreement on file in County Clerk’s office.
Commissioners Minutes Continued. January 17, 2008
30
FISCAL NOTE (MISC. #07291)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION – APPROVAL AND
ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISITION OF APPROXIMATELY 17.29
ACRES OF LAND IN THE TOWNSHIP OF ROSE FOR EXPANSION OF ROSE OAKS COUNTY PARK
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:
The Fiscal Services Division has reviewed the above referenced miscellaneous resolution and finds:
1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance
of a purchase agreement for 17.29 acres of land from the Holly Area School District to
expand the Rose Oaks County Park.
2. The purchase agreement was recommended for approval by the Oakland County Parks and
Recreation Commission on November 7, 2007 in the amount of $185,000.
3. No County funds are required for this acquisition.
4. Sufficient funds have been budgeted in the Parks and Recreation Fund. No budget
adjustments are required.
FINANCE COMMITTEE
(The vote for this motion appears on page 37.)
*REPORT (MISC. #08007)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – GRANT
PROGRAM ACCEPTANCE – PERFORMANCE OF AN ENVIRONMENTAL ASSESSMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on January 8, 2008,
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 #08007
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – GRANT
PROGRAM ACCEPTANCE – PERFORMANCE OF AN ENVIRONMENTAL ASSESSMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract
No. 2008-0116, Federal Project No. C-26-0152-0605, for Federal funds in the amount of $64,000.00, and
State funds in the amount of $14,000.00, for the development and improvement of Oakland/Southwest
Airport; and
WHEREAS the project consists of the performance of an environmental assessment; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and
WHEREAS the development project as offered and approved by the Michigan Department of
Transportation requires a local grant match of $2,000.00, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant
contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and
WHEREAS no application was requested from Oakland County; therefore, the application provisions of
Miscellaneous Resolution #95098, do not apply.
Commissioners Minutes Continued. January 17, 2008
31
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant contract in an amount not to exceed $80,000.00, which includes a local grant match of $2,000.00,
which is available from the airport fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the grant contract.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Central Services/Aviation, Michigan Department of Transportation
County of Oakland Contract for a Federal/State/Local Airport Project Under the Block Grant Program and
Total Project Budget on file in County Clerk’s office.
FISCAL NOTE (MISC. #08007)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – GRANT
PROGRAM ACCEPTANCE – PERFORMANCE OF AN ENVIRONMENTAL ASSESSMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2008-
0116, for Federal funds in the amount of $64,000, State funds in the amount of $14,000 and a
required local grant match of $2,000 for the development and improvement of Oakland County
International Airport.
2. The project consists of the performance of an environmental assessment.
3. The Airport Committee has reviewed the project and recommends acceptance of the grant
contract.
4. The funding period of the grant is 36 months from the date of the award.
5. The total cost of the project is $80,000 with $64,000 of the cost from Federal funds, $14,000 of
the cost from State funds and $2,000 from the Airport Fund resources for the grant match.
6. The Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project.
7. No General Fund appropriation is required. Funding is available within the Airport Fund.
FINANCE COMMITTEE
(The vote for this motion appears on page 37.)
*REPORT (MISC. #08008)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT
– GRANT PROGRAM ACCEPTANCE – DESIGN OF NEW TERMINAL BUILDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on January 8, 2008,
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
Commissioners Minutes Continued. January 17, 2008
32
MISCELLANEOUS RESOLUTION #08008
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT –
GRANT PROGRAM ACCEPTANCE – DESIGN OF NEW TERMINAL BUILDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract
No. 2008-0090, for State funds in the amount of $201,500.00, for the development and improvement of
Oakland County International Airport; and
WHEREAS the project consists of the design of a new terminal building; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and
WHEREAS the development project, as offered and approved by the Michigan Department of
Transportation, requires a local grant match of $201,500.00, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant
contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and
WHEREAS no application was requested from Oakland County; therefore, the application provisions of
Miscellaneous Resolution #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant contract in an amount not to exceed $403,000.00, which includes a local grant match of
$201,500.00, which is available from the airport fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the grant contract.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Central Services/Aviation, Michigan Department of Transportation
County of Oakland Contract for a State/Local Airport Project and Exhibit 1 – Total Project Budget on file in
County Clerk’s office.
FISCAL NOTE (MISC. #08008)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT –
GRANT PROGRAM ACCEPTANCE – DESIGN OF NEW TERMINAL BUILDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Oakland County has received Michigan Department of Transportation Grant Contract No.
2008-0090, for State funds in the amount of $201,500 and a required local grant match of
$201,500 for the development and improvement of Oakland County International Airport.
2. The project consists of the design of a new terminal building.
3. The Airport Committee has reviewed the project and recommends acceptance of the grant
contract.
4. The funding period of the grant is 36 months from the date of the award.
5. The total cost of the project is $403,000 with $201,500 of the cost from State funds and
$201,500 from the Airport Fund resources for the grant match.
6. The Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project.
7. No General Fund appropriation is required. Funding is available within the Airport Fund.
FINANCE COMMITTEE
(The vote for this motion appears on page 37.)
Commissioners Minutes Continued. January 17, 2008
33
*REPORT (MISC. #08009)
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. TF06-199 UPPER BUSHMAN LAKE ACQUISITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on January 8, 2008
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 #08009
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. TF06-199 UPPER BUSHMAN LAKE ACQUISITION
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 $1,900,000 to provide partial funding for the acquisition of approximately 188-acres of land in
Independence Township; and
WHEREAS local County matching funds in the amount of $2,600,000 is available in the Oakland County
Parks and Recreation Land Acquisition Fund; and
WHEREAS the Oakland County Parks and Recreation Commission on November 7, 2007 supported the
approval and acceptance of said Grant; and
WHEREAS the Acquisition of the Upper Bushman Lake Property meets the goals and objectives of the
Oakland County Recreation Master Plan adopted March 8, 2007; and
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 Land Trust Fund Land Acquisition Project Agreement No. TF06-199 and that the County of
Oakland does hereby specifically agree, as follows:
1. To appropriate matching funds in the amount of Two Million Six Hundred Thousand ($2,600,000)
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 Land
Trust Fund Land Acquisition Project Agreement No. TF06-199 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
Commissioners Minutes Continued. January 17, 2008
34
Copy of Grant Review Sign Off – Parks and Recreation, Correspondence re: Grant Review: Parks and
Recreation – Michigan Natural Resources Trust Fund Grant – Upper Bushman Lake Acquisition, Land
Acquisition Project Agreement, Grant Review Materials, 2006 Michigan Natural Resources Trust Fund
Grant Application, Application Forms and Supplemental Information, and Resolution in Support of the
Acceptance of the TF 06-199 Upper Bushman Lake Acquisition Grant on file in County Clerk’s office.
FISCAL NOTE (MISC. #08009)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION – APPROVAL AND
ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND LAND
ACQUISITION GRANT PROJECT AGREEMENT NO. TF06-199 UPPER BUSHMAN LAKE
ACQUISITION
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:
The Fiscal Services Division has reviewed the above referenced grant acceptance and finds:
1. The Oakland County Parks and Recreation Commission is seeking approval of a grant
acceptance with the Michigan Natural Resources Trust Fund and the Michigan Department of
Natural Resources.
2. The Upper Bushman Lake acquisition consists of 188 acres of property and a 31 acre lake
adjacent to Independence Oaks.
3. Total estimated cost equals $4,500,000 apportioned as follows: Grant Funds $1,900,000
(42%) and local match $2,600,000 (58%) coming from Parks Fund.
FINANCE COMMITTEE
(The vote for this motion appears on page 37.)
*REPORT
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS – 2007 ANNUAL REPORT OF THE PLANNING AND
BUILDING COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
In accordance with Section “(D.) (5.),” Rule XI of the Board Rules, your Planning and Building Committee
has completed the 2007 portion of its biennial inspection of County-owned buildings and grounds. The
facilities inspected were: Animal Control Center, Central Heating, Sheriff’s “L” Building, Sheriff’s
Administration Building, Former Executive Building, Information Technology Center, Law Enforcement
Complex, Materials Management Building, Medical Care Facility, North Office Building, Pontiac Health
Center, Pontiac Market, Public Works Building, Trusty Camp Facilities, West Oakland Office Building,
Work Release Facility, and New Executive Office Building. Copies of the individual building reports are on
file with the Committee Coordinator and are available for review. The facilities inspected were found to
be clean and well maintained. Minor deficiencies were brought to the attention of staff for immediate
correction.
Approved and Completed Projects in 2007 Include:
1. Completed 2007 Roof Replacement Program (West Oakland Office Building).
2. Preliminary approval of 2008-2012 Capital Improvement Program.
3. Approved acceptance of donation of 10.08 ac and Aquifer-Oakland Township to the Drain
Commissioner.
4. Completed twenty-two (22) FMO Division Special Projects.
5. Completed two (2) FMO Division M Projects.
6. Approved lease agreement for Road Commission for Oakland County – Traffic Information
Center located in the Information Technology Building.
7. Approved 2008 Facilities Maintenance and Operations Special Projects Budget.
8. Approved lease agreement with Michigan Bell Telephone Company.
9. Approved lease agreement with National City Bank for placement of an Automated Teller
Commissioners Minutes Continued. January 17, 2008
35
Machine in the Oakland County Courthouse.
10. Approved purchase of property for future 52-2 Courthouse.
11. Completed 2007 parking Lot Paving Program – Public works Building Project.
12. Approved Boiler Replacement Project for Children’s Village D, G, H, and K buildings.
13. Approved lease agreement with Oakland County Bar Association.
14. Approved purchase of 264 ac Highland Oaks County Park.
Projects approved in 2007 and expected to be completed in 2008:
1. Approved funding for Primary Electrical System Maintenance and Survey.
2. Approved authorization to receive bids for Courthouse Judges, Jail Annex, Golden Oaks (2), and
Public Works Elevator Maintenance Service.
3. Approved authorization to negotiate License Agreement for SBA Tower at Glen Oaks Park.
4. Approved authorization to negotiate License Agreement for Verizon wireless at Springfield Oaks
Park.
5. Approved purchase of 17.29 ac Rose Oaks County Park.
6. Approved assisting with purchase and financing of 18-20 group homes – Oakland County
Community mental Health Authority.
7. Approved purchase of 57 ac for expansion of Springfield Oaks County Park.
8. Approved purchase of two houses on Watkins Lake Rd. for expansion of Waterford Oaks County
Park.
9. Approved purchase of 188 ac for expansion of Independence Oaks County Park.
10. Approved authorization to receive proposals for Construction Manager and Architect/Engineering
services for Design documentation, estimating future renovations of the former Executive Office
Building, North Health, North Office, Oakland Pointe Office Buildings.
11. Approved Electrical Upgrades Project on Second Floor of North Oakland County Health Facility.
Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 37.)
*MISCELLANEOUS RESOLUTION #08010
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - HAZARDOUS
MATERIALS EMERGENCY PLANNING 2007-2008 GRANT AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Superfund Amendment and Reauthorization Act (SARA) of 1986, Title III, requires the
planning and provisions for community right-to-know on extremely hazardous substances in local
communities; and
WHEREAS the Oakland County Local Emergency Planning Committee (LEPC) has been organized and
meets minimum criteria in performing planning functions; and
WHEREAS the federal Hazardous Materials Emergency Preparedness (HMEP) grant provides funds to
LEPCs for the purpose of enhancing hazardous material response planning; and
WHEREAS an application was submitted, and Oakland County has been notified that the LEPC is eligible
to receive $8,800 for the submittal for new and updated plans; and
WHEREAS no reports are required, and the funds will be received upon submittal of the plans as a work
product; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review
Process and the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of
Commissioners is authorized to execute the grant agreement of $8,800 and to approve any grant
extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the
original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment.
Commissioners Minutes Continued. January 17, 2008
36
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – County Executive, Emergency Response and Preparedness, State of
Michigan Hazardous Materials Emergency Planning 2007-2008 Grant Agreement, Executive Summary
Hazardous Materials Emergency Preparedness 2007-08 Grant Agreement, Attachment B-HMEP 2007-
2008 Planning Grant Agreement, and Local Emergency Planning Committee Application for Hazardous
Material Emergency Preparedness Grant on file in County Clerk’s office.
FISCAL NOTE (MISC. #08010)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - HAZARDOUS
MATERIALS EMERGENCY PLANNING 2007-2008 GRANT AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The resolution recognizes the Superfund Amendment and Reauthorization Act (SARA) of 1986,
Title III which requires the planning and provision for community right to know on extremely
hazardous substances in local communities.
2. A grant application was submitted and Oakland County has been notified that the Local
Emergency Planning Committee (LEPC) was eligible to receive up to $8,800 for the submittal for
new and updated plans.
3. This grant requires an in-kind grant match of $1,760 in general fund expenditures bringing the
total program costs to $10,560.
4. The Fiscal Year 2008 County Executive-Emergency Preparedness budget includes costs
associated with this program, (account 610313) therefore, no budget amendments are
recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 37.)
*MISCELLANEOUS RESOLUTION #08011
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2008 OFF-ROAD VEHICLE (ORV) SAFETY EDUCATION
PROGRAM REIMBURSEMENT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan, Department of Natural Resources (DNR), has awarded the Sheriff’s
Office Marine Safety Unit $19,000 for an Off-Road Vehicle Safety Education Program; and
WHEREAS no county match or additional positions are required; and
WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and
WHEREAS the continuation of the program is contingent upon future levels of reimbursement program
funding.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Department of
Natural Resources 2007-2008 ORV Safety Education Program Grant Acceptance Agreement and that the
Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement, as
attached.
BE IT FURTHER RESOLVED that no grant match is required.
Chairperson on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Sheriff’s Office, Correspondence regarding Fiscal Year 2007-08 Off-
Road Vehicle Safety Education Grant and Grant Agreement on file in County Clerk’s office.
Commissioners Minutes Continued. January 17, 2008
37
FISCAL NOTE (MISC. #08011)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2008 OFF-ROAD VEHICLE (ORV) SAFETY EDUCATION
PROGRAM REIMBURSEMENT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The State of Michigan, Department of Natural Resources (DNR), has awarded the Sheriff’s Office
Marine Safety Unit $19,000 for an Off-Road Vehicle Safety Education Program.
2. The grant period is from October 1, 2007 through September 30, 2008.
3. No County match or additional positions are required.
4. A budget amendment to the Fiscal Year 2008 Sheriff’s Office Marine Safety budget is
recommended as follows:
GENERAL FUND #10100 FY 2008
Revenue
10100-4030601-116200-615571 Grants State $19,000
Total General Fund Revenue $19,000
Expenditures
10100-4030601-116200-702140 Other Misc. Salaries $19,000
Total General Fund Expenditures $19,000
$ -0-
FINANCE COMMITTEE
Vote on Consent Agenda:
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard. (23)
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 Rogers stated there were no items from the Finance Committee to report on the regular
agenda.
MISCELLANEOUS RESOLUTION #08012
BY: General Government Committee, Christine Long, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – APPROVAL OF CONVEYANCE OF MINERAL
ROYALTY DEED TO THE STATE OF MICHIGAN – HIGHLAND OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution No. TF05-032 the Oakland County Board of
Commissioners accepted a Michigan Department of Natural Resources Trust Fund Grant Agreement,
which provided partial funding for the acquisition of land to establish Highland Oaks County Park; and
WHEREAS the terms and conditions of said grant agreement require the County to convey a Mineral
Royalty Interest Deed to the state representing a 1/6 interest in all gas, oil or mineral royalties produced
from the land; and
WHEREAS the Oakland County Parks and Recreation Commission on December 12, 2007 supported the
conveyance of said Mineral Royalty Interest Deed to the State of Michigan; and
WHEREAS the attached Mineral Royalty Interest Deed has been approved by Oakland County
Corporation Counsel and the State of Michigan Department of Natural Resources.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
approve the conveyance of a 1/6 interest in all gas, oil or mineral royalties produced from the land of
Highland Oaks County Park to the State of Michigan via the attached Mineral Royalty Interest Deed.
Commissioners Minutes Continued. January 17, 2008
38
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Mineral Royalty Interest Deed and all other
documents, 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 Resolution, Request to Convey Mineral Royalty Deed to State of Michigan, Mineral Royalty
Interest Deed and Legal Description on file in County Clerk’s office.
Moved by Long supported by Gregory the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard, Burns. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #08013
BY: General Government Committee, Christine Long, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMMISSION – APPROVAL AND
ACCEPTANCE OF PURCHASE AGREEMENT PARCEL NO. 13-24-126-012, 2896 WATKINS LAKE
ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee the
Oakland County Parks and Recreation Commission and the Department of Facilities Management, with
the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the
attached Purchase Agreement with Mr. Roger A. Kidwell, for the purchase of 2896 Watkins Lake Road,
Waterford Township; and
WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland
shall pay Roger A. Kidwell the sum of $160,000 via a cash sale for the purchase of said property subject
to the County performing its required due diligence investigation of the subject property; and
WHEREAS sufficient funding for said purchase is available in the Oakland County Parks and Recreation
Land Acquisition Fund; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Purchase Agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Purchase Agreement between the County
of Oakland as purchaser and Roger A. Kidwell, seller via a cash sale purchase.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Approval and Acceptance of Purchase Agreement – Kidwell Property, Resolution, and Purchase
Agreement on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. January 17, 2008
39
MISCELLANEOUS RESOLUTION #08014
BY: General Government Committee, Christine Long, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO
UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CITY OF
ROYAL OAK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised
Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as
provided by Public Act 116 of 1954, as amended; and
WHEREAS the City of Royal Oak is requesting to utilize the services of the Oakland County Board of
Canvassers for a period of 5 years; and
WHEREAS Oakland County Corporation Counsel has drafted an agreement for the City of Royal Oak to
utilize the services of the Oakland County Board of Canvassers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the attached agreement with the City of Royal Oak to utilize the services of the Oakland County Board of
Canvassers.
BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of
Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of
Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Agreement between the County and City of Royal
Oak.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Agreement Between the City of Royal Oak and Oakland County to Utilize the Services of the
Oakland County Board of Canvassers on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #07276)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR EVALUATION OF COMPETITIVELY
BIDDING OUT OAKLAND COUNTY’S REIMBURSEMENT DIVISION, AS WELL AS OTHER COUNTY
SERVICES OR FUNCTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced resolution on January 7,
2008, reports with the recommendation that the resolution be adopted with amendments as follows:
WHEREAS the County Executive has identified the County’s Court Reimbursement Division
as an area to consider for competitive bidding as that division is currently using an antiquated
mainframe computer system, the necessary replacement of which will cost at approximately
$1 Million, a cost that could be eliminated along with other operational costs that could be
significantly lowered. by issuing Requests for Proposal to the private sector for collection
services.
NOW THERFORE BE IT RESOLVED that the Oakland County Board of Commissioners
endorses and supports the effort of the County Executive Administration, the Sheriffs
Department and the Court to evaluate alternative, cost-effective methods for delivering
services to county taxpayers by competitively bidding-out court reimbursement as well as
other county services or functions.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. January 17, 2008
40
MISCELLANEOUS RESOLUTION #07276
BY: Mike Gingell, District #3, Eileen Kowall, District #6, John Scott, District #5
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR EVALUATION OF COMPETITIVELY
BIDDING OUT OAKLAND COUNTY’S REIMBURSEMENT DIVISION, AS WELL AS OTHER COUNTY
SERVICES OR FUNCTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan economy continues to be challenged by globalization and uncertainty in the
automobile industry; and
WHEREAS the record number of foreclosures, decreasing property values, and Michigan’s general
economic malaise is directly affecting state and local revenues by decreasing property tax revenues; and
WHEREAS prudent fiscal management has long been recognized as a hallmark of Oakland County
Government; and
WHEREAS by utilizing innovative management strategies and conservative, proactive budgeting
practices Oakland County Government has managed to maintain a balanced budget throughout the
current economic turmoil and has continued delivering quality services to its residents while maintaining
a low 4.19 property tax millage rate; and
WHEREAS despite Oakland County Government’s best efforts it is not immune from the impacts of
declining State economy; and
WHEREAS in these tough economic climate it is imperative that Oakland County Government seek
alternative, cost-effective ways of delivering public services to its residents and businesses by continuing
to streamline and increase efficiencies; and
WHEREAS every county office, department and program must be evaluated to consider whether
alternative means of delivering services may be advisable and constitute a better use of public funds; and
WHEREAS the County Executive in cooperation with the Oakland County Board of Commissioners
wishes to consider employing a competitive bidding process for delivering some county services; and
WHEREAS the County Executive has identified the County’s Court Reimbursement Division as an area to
consider for competitive bidding as that division is currently using a antiquated mainframe computer
system the necessary replacement of which will cost at approximately $1 Million, a cost that could be
eliminated along with other operational costs that could be significantly lowered by issuing Requests for
Proposal to the private sector for collection services.
NOW THERFORE BE IT RESOLVED that the Oakland County Board of Commissioners endorses and
supports the effort of the County Executive Administration, the Sheriffs Department and the Court to
evaluate alternative, cost-effective methods for delivering services to county taxpayers by competitively
bidding-out court reimbursement as well as other county services or functions.
BE IT FURTHER RESOLVED that the Administration shall report on the status of the on-going efforts on
a quarterly basis to the Finance Committee of the Board of Commissioners.
Chairperson, we move the adoption of the foregoing resolution.
MICHAEL GINGELL, EILEEN KOWALL, JOHN
SCOTT, THOMAS MIDDLETON, BRADFORD
JACOBSEN, DAVID POTTS, SUE ANN
DOUGLAS, JEFF POTTER, TIM GREIMEL,
ROBERT GOSSELIN, MATTIE HATCHETT,
CHRISTINE LONG, HUGH CRAWFORD, BILL
BULLARD, MIKE ROGERS
Moved by Long supported by Gingell the resolution be adopted.
Moved by Long supported by Gingell the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Gingell the resolution be amended to coincide with the recommendation in
the General Government Committee Report.
Commissioners Minutes Continued. January 17, 2008
41
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard, Burns, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE OAKLAND COUNTY
COORDINATING ZONING COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the letter of recommendation from the
Chairperson of the Planning and Building Committee, reports with the recommendation to re-appoint the
following individuals for a one-year term:
OAKLAND COUNTY COORDINATING ZONING COMMITTEE (ONE-YEAR TERM ENDING
12/31/08)
David Potts, Chairperson
Robert Gosselin, Vice-Chairperson
Jim Nash
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Moved by Long supported by Potts the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Chairperson Bill Bullard, Jr. asked if there were any other nominations; hearing none, the nominations
were closed.
Moved by Long supported by Potts the appointments of David Potts (Chairperson), Robert Gosselin
(Vice-Chairperson), and Jim Nash to the Oakland County Coordinating Zoning Committee for one year
terms ending December 31, 2008 be confirmed.
Vote on appointments:
AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard, Burns, Coleman, Coulter. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointments of David Potts (Chairperson), Robert
Gosselin (Vice-Chairperson), and Jim Nash to the Oakland County Coordinating Zoning Committee for
one year terms ending December 31, 2008 were confirmed.
Commissioners Minutes Continued. January 17, 2008
42
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE WOMEN’S COMMISSION FOR
OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, pursuant to Miscellaneous Resolution #07236 requiring the
appointment of two Oakland County Commissioners, one from the majority party and one from the
minority party, reports with the following recommendation:
WOMEN’S COMMISSION FOR OAKLAND COUNTY (one-year term ending 12/31/08)
Marcia Gershenson, Ex-Officio Member
Christine Long, Ex-Officio Member
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Moved by Long supported by Gershenson the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Chairperson Bill Bullard, Jr. asked if there were any other nominations; hearing none, the nominations
were closed.
Moved by Long supported by Gershenson the appointments of Marcia Gershenson (Ex-Officio Member)
and Christine Long (Ex-Officio Member) to the Women’s Commission for Oakland County be confirmed.
Vote on appointments:
AYES: Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall,
Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns,
Coleman, Coulter, Crawford. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointments of Marcia Gershenson (Ex-Officio Member)
and Christine Long (Ex-Officio Member) to the Women’s Commission for Oakland County were
confirmed.
Commissioner Middleton stated there were no items from the Personnel Committee to report on the
regular agenda.
MISCELLANEOUS RESOLUTION #07292
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT OF THE GREAT LAKES-ST. LAWRENCE RIVER
BASIN WATER RESOURCES COMPACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Michigan’s water resources are a vital part of the state’s identity and heritage, a major source
of economic wealth, important to tourism, and critical to human health as a source of drinking water; and
WHEREAS the Great Lakes are under increasing pressure from conflicting uses, diversion, invasive
species and climate changes; and
WHEREAS in 1985, the Governors of the Great Lakes States and Premiers of the Canadian Provinces of
Ontario and Quebec jointly declared, among other things, that water resources of the Great Lakes Basin
are a bi-national precious public natural resource, shared and held in trust by Great Lakes States and
Provinces (“Great Lakes Charter”); and
Commissioners Minutes Continued. January 17, 2008
43
WHEREAS the purposes set forth in the Great Lakes Charter was to conserve the levels and flows of the
Great Lakes and their tributary and connecting waters; to protect and conserve the environmental
balance of the Great Lakes Basin ecosystem; to provide cooperative programs and management of water
resources of the basin; to make secure and protect present development within the region; and to provide
a secure foundation for future investment and development within the region; and
WHEREAS in 2001 the Governors of the Great Lakes States and Premiers of the Canadian Provinces
signed the Annex to the Great Lakes Charter (“Annex 2001”); and
WHEREAS Annex 2001 reaffirmed the commitment to the principles and provisions contained in the
Great Lakes Charter; and
WHEREAS Annex 2001 expressed the Great Lakes region’s commitment to developing an enhanced
water management system that is simple, durable, efficient, retains and respects authority within the
Great Lakes Basin, and most importantly, protects, conserves, restores, and improves the Waters and
Water-Dependent Natural Resources of the Great Lakes Basin; and
WHEREAS Annex 2001, the Governors and Premiers also committed to develop and implement a new
common, resource-based conservation standard and apply it to new water withdrawal proposals from the
basin; and
WHEREAS in December 2005, the Governors and Premiers endorsed the Great Lakes-St. Lawrence
River Water Resources Compact (“Compact”); and
WHEREAS before ratification by the United States Congress each state, including the State of Michigan,
will need to adopt legislation implementing the Compact; and
WHEREAS in February 2006, the State of Michigan took steps to address important aspects of the
Compact, but additional legislation is necessary to ensure Michigan conforms to the language and
requirements of the Compact; and
WHEREAS legislation adopted by the State should ensure reasonable public participation and input into
water use decisions, promoting conservation and preventing adverse impacts on Michigan’s Waters and
Wetlands; and
WHEREAS legislation adopted by the State should ensure that large-scale water users demonstrate that
the water withdrawal will not have adverse resource impact and certify compliance with generally
acceptable water management practices or environmentally sound and economically feasible water
conservation measures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the adoption, by the State of Michigan, of the Great Lakes-St. Lawrence Basin Water Resource
Compact.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports legislation that
protects the Waters of the state while preserving riparian rights of Oakland County residents.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports legislation that
ensures reasonable public participation and input into water use decisions, promoting conservation and
preventing adverse impacts on Michigan’s Waters and Wetlands.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports legislation that
ensures any new large-scale water users demonstrate that a water withdrawal will not have an adverse
resource impact and certify compliance with generally acceptable water management practices or
environmentally sound and economically feasible water conservation measures.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward a copy of this
adopted resolution to all the Michigan House and Senate Delegation representatives of Oakland County,
the Michigan Association of Counties and the legislative lobbyists for Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Commission lobbyist be instructed to work
towards the adoption of legislation in regards the foregoing concepts.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Douglas supported by Potts the resolution be adopted.
Discussion followed.
Commissioners Minutes Continued. January 17, 2008
44
Moved by Nash supported by Burns the resolution be amended as follows:
WHEREAS BEING THE ONLY STATE ENTIRELY IN THE GREAT LAKES BASIN, THE STATE
OF MICHIGAN SHOULD DEMONSTRATE LEADERSHIP IN PASSING THE COMPACT AND
IMPLEMENTING LEGISLATION; AND
WHEREAS THE MICHIGAN LEGISLATURE HAS BEGUN THE NECESSARY STEPS TO
RATIFY THE COMPACT AND PASS IMPLEMENTING LEGISLATION; AND
WHEREAS THE OAKLAND COUNTY BOARD OF COMMISSIONERS RECOGNIZES THAT
GROUNDWATER AND SURFACE WATER ARE INTERCONNECTED.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the adoption by the State of Michigan the Great Lakes-St. Lawrence Basin Water
Resource Compact AND IMPLEMENTING LEGISLATION.
BE IT FURTHER RESOLVED that Oakland County Board of Commissioners supports legislation
that protects the Waters of the state THAT PROTECTS ALL OF MICHIGAN’S WATERS OF
THE STATE while ALSO preserving riparian rights of Oakland County residents.
BE IT FURTHER RESOLVED that the Oakland County Board of into water use decisions,
community involvement and preventing adverse impacts on Michigan Waters and Wetland.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports
legislation that ensures any new large-scale water users demonstrate that a water withdrawal will
not have an adverse resource impact, AND NOT ADVERSELY EFFECT OR INTEFERE WITH
THE RIPARIAN RIGHTS, NOT INTERFERE WITH THE PROPERTY RIGHTS OF ANOTHER
PERSON, AND WILL COMPLY WITH APPLICABLE LAW. and certify compliance with generally
acceptable water management practices or environmentally sound and economically feasible
water conservation measure.
BE IT FURTHER RESOLVED THAT THE OAKLAND COUNTY BOARD OF COMMISSIONERS
SUPPORTS LEGISLATION THAT REQUIRES THAT A WATER WITHDRAWAL CERTIFY
COMPLIANCE WITH GENERALLY ACCEPTABLE WATER MANAGEMENT PRACTICES OR
ENVIRONMENTALLY SOUND AND ECONOMICALLY FEASIBLE WATER CONSERVATION
MEASURES.
Discussion followed.
Oakland County Drain Commissioner John McCulloch addressed the Board.
Discussion followed.
Vote on amendment:
AYES: Gershenson, Gregory, Greimel, Hatchett, Nash, Spector, Woodward, Zack, Burns,
Coleman. (10)
NAYS: Gingell, Gosselin, Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott,
Bullard, Crawford, Douglas. (13)
A sufficient majority not having voted in favor, the amendment failed.
Vote on resolution:
AYES: Gingell, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Nash, Potter, Potts, Rogers,
Scott, Spector, Woodward, Zack, Burns, Coleman, Coulter, Douglas, Gershenson. (19)
NAYS: Gosselin, Long, Middleton, Bullard, Crawford. (5)
A sufficient majority having voted in favor, the resolution was adopted.
Commissioners Minutes Continued. January 17, 2008
45
MISCELLANEOUS RESOLUTION #08015
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER – RESOLUTION APPROVING CONTRACT FOR THE OPERATION
AND MAINTENANCE OF THE BRANDON SCHOOL DISTRICT WASTEWATER TREATMENT PLANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Brandon School District (“School District”) is the owner of a wastewater treatment plant
(WWTP), providing service to the Brandon Schools Complex, located at 1025 South Ortonville Road,
Ortonville, Michigan, and as it may be expanded or altered from time to time; and
WHEREAS the School District has requested the assistance from the Oakland County Drain
Commissioner to provide the operation and maintenance of the WWTP in return for reimbursement of all
costs of providing such Services as set forth in the attached Contract (“Exhibit 1”); and
WHEREAS the Oakland County Drain Commissioner has determined, at the present time, that it has
sufficient personnel, possessing the requisite knowledge and expertise and is agreeable to assisting the
School District by providing the requested services under the terms and conditions of the attached
Contract; and
WHEREAS the attached contract has been reviewed and approved by Oakland County’s Corporation
Counsel.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan,
that the Oakland County-Brandon School District Operations and Maintenance Agreement Contract, by
and through the County Drain Commissioner and the Brandon School District, is hereby approved and
adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver
the same in substantially the form as set forth in Exhibit 1 attached hereto for and on behalf of the
County, in as many counterparts as may be deemed advisable.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Brandon School District Wastewater Treatment Plant Operation and Maintenance Agreement,
Scope of Services and Proposed 2007-2008 Rates on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08016
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER – FRANKLIN SUBWATERSHED DRAINAGE DISTRICT DRAIN
BONDS – FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Drainage Board for the Franklin Subwatershed, by resolution adopted on December 14,
2007, authorized and provided for the issuance by the Franklin Subwatershed Drainage District of its
Drain Bonds, Series 2007 (the "Bonds") in the aggregate principal amount of not to exceed $765,000 to
defray part of the cost of the Ten Hill Road and Wallbrook Court Project of the Franklin Subwatershed;
and
WHEREAS the Bonds will be dated as of such date, will bear interest at such rates not to exceed 8% per
annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and
will be subject to redemption prior to maturity as shall be determined at the time of sale by the Oakland
County Drain Commissioner as Chairman of the Drainage Board for the Franklin Subwatershed; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of
and interest on the Bonds (the "Bonds"); and
WHEREAS the Ten Hill Road and Wallbrook Court Project of the Franklin Subwatershed is necessary to
protect and preserve the public health and, therefore, it is in the best interest of the County that the Bonds
be sold.
Commissioners Minutes Continued. January 17, 2008
46
NOW THEREFORE BE IT RESOLVED:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended,
the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of
the County for the prompt payment of the principal of and interest on the Bonds, and agrees that,
in the event the Charter Township of West Bloomfield or the County shall fail or neglect to
account to the County Treasurer of the County for the amount of any special assessment
installment and interest when due, the amount thereof shall be advanced immediately from
County funds, and the County Treasurer is directed to make such advancement to the extent
necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of
County funds all or any part of an installment and Interest, it shall be the duty of the County
Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
remedies permitted or authorized by law for the reimbursement of such sums so paid.
3. The County Treasurer or the financial consultant, Municipal Financial Consultants Incorporated, is
authorized, if necessary, to file with the Department of Treasury of the State of Michigan on
behalf of the County an Application for State Treasurer's Approval to Issue Bonds with respect to
the Bonds.
4. The County Treasurer is authorized, if necessary, to approve the circulation of a nearly final and
final official statement for the Bonds, to cause the preparation of those portions of the nearly final
and final official statement that pertain to the County, and to do all other things necessary for
compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended
(the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to
do all other things that are necessary to effectuate the sale and delivery of the Bonds.
5. The County Treasurer is hereby authorized, if necessary, to execute and deliver in the name and
on behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the "Continuing
Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #07293)
BY: General Government Committee, Christine Long, Chairperson
IN RE: DRAIN COMMISSIONER – COLLABORATIVE ASSET MANAGEMENT SYSTEM (CAMS)
PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced resolution on January 7,
2008, reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. January 17, 2008
47
MISCELLANEOUS RESOLUTION #07293
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER – COLLABORATIVE ASSET MANAGEMENT SYSTEM (CAMS)
PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Drain Commissioner’s office has identified a need to develop a strategy for the
implementation of a centrally-hosted collaborative maintenance management, customer request
management, and permitting system; and
WHEREAS this initiative would also benefit other Oakland County public works agencies such as the
Road Commission of Oakland County and local cities, villages and townships; and
WHEREAS a Collaborative Asset Management System represents an opportunity to standardize
countywide infrastructure (water, sewer, storm and roads) and allow Oakland County, and its local
governments, to proactively manage assets and mitigate long-term costs associated with the operations
and maintenance of critical infrastructure; and
WHEREAS the system would include a Computerized Maintenance Management System (CMMS) for
work orders, inspections, and inventory; Customer Request Management (CRM) for complaints,
correction, and feedback; Permitting for applications, evaluation, inspections, and violations; Real-Time
Sensors for vehicles, resources, and weather; and
WHEREAS the CAMS project would promote collaboration, improved workflows and reduce redundancy
among users handling service requests; maximize the capital investment being made by Oakland County
to provide a low cost opportunity to local cities, villages and townships; provide a “one-stop shopping”
experience for county constituents that makes government easier to access; supports collaboration in a
public works community during a mutual aid event; promotes data sharing throughout the public works
community in order to improve government accountability and collaboration across
jurisdictional/organizational boundaries; and
WHEREAS county agencies supporting the implementation of the CAMS project include Oakland County
Drain Commissioner’s Office, Oakland County Executive’s Office, Oakland County Information
Technology and Road Commission for Oakland County; and
WHEREAS the local public works agencies supporting this initiative include Independence Township, City
of Ferndale, City of Royal Oak, Waterford Township, Village of Beverly Hills, Bloomfield Township, City of
Pontiac, Village of Lake Orion, West Bloomfield Township and the City of Farmington Hills; and
WHEREAS the cost of the CAMS project is approximately $6,600,000; and
WHEREAS the $6,600,000 includes software, hardware, data conversion, professional services, OCDC
and OCIT internal staff costs associated with the implementation of the project; and
WHEREAS investment studies provided by the Drain Commissioner, the Department of Information
Technology and the attached Return on Investment (ROI) show that savings to the constituents of
Oakland County would approach fifteen million dollars over a six-year period.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
implementation of the Collaborative Asset Management System Project.
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 – Collaborative Asset Management Program Project Summary, Savings Detail,
Savings Summary, Cost Detail, Cost Summary, and Assumptions on file in County Clerk’s office.
FISCAL NOTE (MISC. #07293)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DRAIN COMMISSIONER - COLLABORATIVE ASSET MANAGEMENT SYSTEM (CAMS)
PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
Commissioners Minutes Continued. January 17, 2008
48
1. The Drain Commissioner’s office has identified the need for a Collaborative Asset Management
System (CAMS) that would standardize countywide infrastructure (water, sewer, storm and
roads) to proactively manage assets and mitigate long-term costs associated with the operations
and maintenance of critical infrastructure.
2. The system will include computerized maintenance management, customer request
management, and permitting system that will provide information on work orders, inspection
reports, permits and other work activities.
3. By centralizing data the system will promote information standardization, reduce duplication of
data and will be a low cost way for other Oakland County governmental agencies to gather and
share information across jurisdictional and organizational boundaries.
4. The CAMS project will benefit the Oakland County Drain Commissioner’s office, Road
Commission for Oakland County and multiple CVTs who have expressed support for this
initiative.
5. The estimated cost for the CAMS project is $6,600,000, with an estimated Return on Investment
to the county constituents of fifteen million dollars over a six-year period.
6. The $6,600,000 includes software, Oakland County hardware, CVT data conversion, professional
services, and Oakland County Information Technology and Oakland County Drain Commissioner
costs.
7. $6,600,000 was designated in the General Fund as part of the Fiscal Year 2007 year end report
and is available for appropriation (Designation Account #371406).
8. The costs of the project will be tracked under the Major Departmental Support Projects Funds as
a separate fund and project number.
9. Upon project completion, the appropriate project costs will be recognized as part of the County’s
General Fixed Assets.
10. Centralized CAMS annual support/maintenance costs are expected to be $250,000 per year and
includes CAMS system software maintenance and Information Technology support for the CAMS
software. Replacement costs are not included in the $250,000.
11. Participating agencies will be responsible for paying their share of the centralized CAMS
maintenance/support costs and will be responsible for paying maintenance/support costs on such
items as agency equipment, wireless communication costs and GIS data maintenance costs.
12. The following budget amendment is recommended for Fiscal Year 2008:
FY 2008
GENERAL FUND #10100
Revenue
9010101-196030-665882 Planned Use Bal. $6,600,000
Expense
9010101-152130-788001-42050 Transfer Out $6,600,000
COLLABORATIVE ASSET MGMT SYSTEM FUND #42050
Proj Business Unit MAJOR, Project #100000001126, Activity A
Revenue
9016001-152130-695500-10100 Transfer In $6,600,000
Expense
9016001-152130-731773 Software Purchase $ 701,640
9016001-152130-760132 Computer Equipment 511,200
9016001-152130-731458 Professional Svcs 1,945,595
9016001-152130-773630 IT Development 2,121,092
9016001-152130-731822 Special Projects 1,289,717
9016001-152130-730359 Contingency 30,756
Total $6,600,000
FINANCE COMMITTEE
Moved by Douglas supported by Potts the resolution (with fiscal note attached) be adopted.
Moved by Douglas supported by Potts the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Commissioners Minutes Continued. January 17, 2008
49
Discussion followed.
Deputy County Executive Phil Bertolini addressed the Board.
Vote on resolution:
AYES: Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts,
Rogers, Scott, Spector, Zack, Bullard, Coleman, Crawford, Douglas, Gingell. (19)
NAYS: Gregory, Woodward, Burns, Coulter, Gershenson. (5)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #08017
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
AGREEMENT WITH THE CHARTER TOWNSHIP OF LYON 2004-2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to
enter into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol
services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
the Charter Township of Lyon, to provide law enforcement services to this community; and
WHEREAS the current Law Enforcement Services Agreement with the Charter Township of Lyon will
expire on December 31, 2008; and
WHEREAS paragraph 24 of the 2004-2008 Law Enforcement Services Agreement with the Charter
Township of Lyon allows for an amendment to this agreement; and
WHEREAS the Charter Township of Lyon is requesting the addition of one (1) Deputy II (no-fill); and
WHEREAS the Sheriff has agreed to add one (1) Deputy II (no-fill) for the Charter Township of Lyon
under the terms of this agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the addition of one (1)
Deputy II (no-fill) in accordance with the Oakland County Sheriff’s Department 2004-2008 Law
Enforcement Services Agreement with the Charter Township of Lyon.
BE IT FURTHER RESOLVED that one (1) GF/GP Deputy II position be created effective February 16,
2008.
BE IT FURTHER RESOLVED that one (1) marked vehicle with MDC, camera, mobile and prep radio be
added to the county fleet effective February 16, 2008.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Charter Township of Lyon Schedule A-1 as amended 1/1/2008, 2004-2008 Law Enforcement
Services Agreement Amendment #2, and Letter from Lannie D. Young, Lyon Township Supervisor on file
in County Clerk’s office.
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #08018
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT FOR SERVICES BETWEEN THE COUNTY OF WAYNE
AND THE COUNTY OF OAKLAND FOR WARRANT ENFORCEMENT PAROLE ABSCONDERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #06153 approved a contract with the County of Wayne and
Oakland for warrant enforcement parole absconders; and
Commissioners Minutes Continued. January 17, 2008
50
WHEREAS the Wayne County Sheriff has requested that the Oakland County Sheriff continue to
participate in a Parole Absconder Unit; and
WHEREAS the Sheriff has agreed to participate in said unit; and
WHEREAS the Sheriff is requesting to continue one (1) Deputy II and a vehicle to adequately perform
these duties; and
WHEREAS Wayne County has agreed to fund up to $6,250 a month towards this effort for 12 months;
and
WHEREAS the Sheriff has agreed to fund the remaining portion from the Sheriff’s Law Enforcement
Enhancement Account; and
WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds
forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law
enforcement efforts related to the Controlled Substances Act; and
WHEREAS the courts have distributed $1,055,010.94 to the Sheriff’s Office Law Enforcement
Enhancement Account (balance as of 12/31/07) as a result of Sheriff Department forfeiture efforts; and
WHEREAS the Sheriff is requesting that a portion of these funds be used to continue to fund this position
until September 30, 2008; and
WHEREAS the estimated costs are $114,768 for the period of October 1, 2007 through September 30,
2008, with Wayne County funding $75,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
use of the Sheriff’s Office Law Enforcement Enhancement Account (#10100-4030101-222430) to
continue funding one (1) GF/GP Deputy II position (#4030915-10498) with a vehicle in the amount of
$39,768 and authorizes the Chairperson of the Board to sign the attached contract for the period of
October 1, 2007 through September 30, 2008.
BE IT FURTHER RESOLVED that future level of service, including the Deputy II position (#10498) be
contingent upon the level of funding associated with this contract.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Contract for Services between County of Wayne and the County of Oakland on file in County
Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08019
BY: Tim Burns, District #19, Michael J. Gingell, District #3, Jeff Potter, District #8, and Karen Spector,
District #16
IN RE: BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL CONSUMER PROTECTION
WEEK IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 10th annual National Consumer Protection Week (NCPW), a week to highlight consumer
protection and education efforts across the country, will take place from March 2 to March 8, 2008, with
the theme, “Financial Literacy: A Sound Investment”; and
WHEREAS the National Consumer Protection Week (NCPW), is recognized annually by federal, state,
and local government agencies and national advocacy organizations committed to consumer protection to
raise awareness of the importance of financial education and financial literacy; and
WHEREAS each year, nearly 25 million adults are victims of consumer fraud. These crimes damage lives
and shake consumer confidence; and
WHEREAS in 2006, the Michigan Attorney General’s Office reported 105,000 consumer complaints, Fox
2 News Problem Solvers received 3,600 complaints and the Better Business Bureau of southeast
Michigan received 16,205 consumer complaints and 566,460 inquiries; and
WHEREAS National Consumer Protection Week (NCPW) highlights the importance of consumer
education in the ongoing fight against fraud and encourages consumers around the country to make wise
decisions and to become educated about where to go for information about their rights, and how and
where to complain; and
Commissioners Minutes Continued. January 17, 2008
51
WHEREAS National Consumer Protection Week partner organizations provide practical – and tactical –
tips so consumers can learn and tell others how to make well-informed purchase decisions, avoid scams,
protect their personal information, and file a complaint if they’re not satisfied. Consumers can read up
and boost their marketplace IQ at www.consumer.gov/ncpw.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
proclaim March 2 – 8, 2008, as National Consumer Protection (NCPW) Week in Oakland County.
BE IT FURTHER RESOLVED that Oakland County hereby joins with a group of federal, state, and local
government agencies and national consumer advocacy organizations to recognize the 10th Annual
National Consumer Protection Week (NCPW), March 2 – 8, 2008.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners acknowledges that
Consumers are our most effective partners in this effort and hereby encourages everyone to read up and
reach out, learn how to deter fraud and deception in the marketplace – and to tell others in your family,
community or workplace.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Federal Trade Commissioner, the Area Agency on Aging – Area 1B, the Better
Business Bureau, Michigan Attorney General Mike Cox, Oakland County Sheriff Michael Bouchard and
Oakland County Prosecutor David Gorcyca.
Chairperson, we move the adoption of the foregoing resolution.
TIM BURNS, MICHAEL GINGELL, JEFF
POTTER, KAREN SPECTOR, JAMES NASH,
DAVID WOODWARD, DAVID COULTER,
HUGH CRAWFORD, MARCIA GERSHENSON,
CHRISTINE LONG, HELAINE ZACK, DAVID
POTTS, VINCENT GREGORY, JOHN SCOTT,
TIM GREIMEL, SUE ANN DOUGLAS, ERIC
COLEMAN, THOMAS MIDDLETON, EILEEN
KOWALL, BRADFORD JACOBSEN, BILL
BULLARD, ROBERT GOSSELIN
Moved by Burns supported by Kowall to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #08019 – BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL CONSUMER
PROTECTION WEEK IN OAKLAND COUNTY.
Vote on motion to suspend the rules:
AYES: Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts,
Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford, Douglas,
Gershenson, Gingell, Gosselin. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #08019 – BOARD OF COMMISSIONERS – RECOGNIZING
NATIONAL CONSUMER PROTECTION WEEK IN OAKLAND COUNTY carried.
Moved by Burns supported by Kowall the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson,
Gingell, Gosselin, Gregory. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Commissioners Minutes Continued. January 17, 2008
52
MISCELLANEOUS RESOLUTION #08020
BY: Tim Burns, District #19, Tim Greimel, District #11
IN RE: BOARD OF COMMISSIONERS – RESOLUTION REQUESTING PRESERVATION OF
CHANNEL LOCATIONS FOR PUBLIC, GOVERNMENTAL, AND EDUCATIONAL (PEG) CHANNELS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Comcast Cablevision, is among the companies that furnish or will be furnishing cable
television subscriptions to residential customers; and
WHEREAS Oakland County cities, villages, townships (CVTs) and other governmental entities have
committed substantial resources to deliver programming on governmental and educational access
channels, also known as PEG; and
WHEREAS Comcast Cablevision has indicated that it intends to change the channel lineup and location
of the public, educational, and governmental access (PEG) channels from locations within the basic tier of
first 100 channels , where they have been situated for many years, to the channel lineup in the 900’s; and
WHEREAS Comcast has in its letter of December 7, 2007, to Caren Collins Fifer, President Michigan
NATOA, asserted that digitizing PEG channels along with other channels frees up bandwidth on the cable
system which will provide even more channels and enhanced services; and
WHEREAS in actuality such a recommended change will in fact result in Comcast having the capability to
increase equivalent profitable bandwidth of one hundred seventy-seven digital elements resulting in the
potential for additional revenues at the expense of the consuming public; and
WHEREAS it appears the actual intention of Comcast is to avoid its community commitment to provide
PEG channels under Section 623 of the Michigan Communications Act for ease, convenience and use of
the cable subscriber; and
WHEREAS the new placement of these PEG channels would in effect be more likely not to be accessible
nor used by the subscriber due to their location from regular commercial programming; and
WHEREAS Comcast, as a commercial provider, is keenly aware that the relocation of the PEG channels
will eventually lead to its determination to abolish such channels in the future due to inaccessible
placement and thereby insufficiency of use; and
WHEREAS the initial intention of the Michigan Communications Act was to have the PEG channels in a
basic service tier which consists generally of the lower tiered channels and the current effort by Comcast
is to avoid that obligation and responsibility which it had originally contracted to perform with the
Intergovernmental Cable Communications Authority (ICCA); and
WHEREAS the result will be added cost, inconvenience, and confusion with respect to citizens who
intend to view educational and governmental access channels; and
WHEREAS it would appear Comcast is readjusting PEG from the basic service tier in order to market the
more profitable channel position for commercial programs and thereby sacrificing accessibility of PEG
locations now familiar to all subscribers; and
WHEREAS since Comcast’s announcement, many citizens have voiced their opposition to the news that
Comcast intends to change the location of PEG channels and require customers to have digital converter
box to receive channels at an unnecessary future additional expense.
NOW THEREFORE BE IT RESOLVED it is resolved that the Oakland County Board of Commissioners
hereby requests Comcast Cablevision to preserve the channel locations for public, educational, and
governmental access (PEG) channels in locations within the first 100 channels of basic tier service and
agree that they will not be changed in the future without the written consent of the CVTs or other
governmental entities which provide programming on such channels.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners’ lobbyist is instructed to
immediately work with the Michigan Legislature to amend Public Act 480 of 2006 to require that public,
educational, and government (PEG) channels remain within the first 100 channels of basic tier service
and that they will not be allowed to changed in the future without the written consent of the CVTs or other
governmental entities which provide programming on such channels.
BE IT FURTHER RESOLVED that the Oakland County Clerk forward copies of this adopted resolution to
Comcast, the Oakland County delegation to the Michigan Legislature, the Michigan Association of
Counties, the Michigan Municipal League and Oakland County’s legislative lobbyists.
Commissioners Minutes Continued. January 17, 2008
53
Chairperson, we move the adoption of the foregoing resolution.
TIM BURNS, TIM GREIMEL, JIM NASH,
MARCIA GERSHENSON, DAVID COULTER,
HELAINE ZACK, VINCENT GREGORY, DAVID
POTTS, ERIC COLEMAN, THOMAS
MIDDLETON, DAVID WOODWARD, KAREN
SPECTOR, EILEEN KOWALL, BILL BULLARD,
HUGH CRAWFORD, CHRISTINE LONG,
MICHAEL GINGELL
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #08021
BY: Mattie Hatchett, District #10
IN RE: BOARD OF COMMISSIONERS – APPROVAL OF FEE WAIVER FOR USE OF THE BOARD
OF COMMISSIONERS’ AUDITORIUM FOR THE 16TH ANNUAL DR. MARTIN LUTHER KING, JR.
DRUM MAJOR FOR JUSTICE ORAL ADVOCACY COMPETITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioner’s Auditorium is made available to the public for a
reasonable rental fee; and
WHEREAS the Oakland County Board of Commissioners has established a policy that in order to waive
the rental fee for the use of the Auditorium, the request must be referred to the General Government
Committee, which is to submit its recommendation to the full Board; and
WHEREAS the D. Augustus Straker Bar Association, the Association of Black Judges of Michigan and
the Wolverine Bar Association are hosting the 16th Annual Dr. Martin Luther King, Jr. Drum Major for
Justice Oral Advocacy Competition on March 1, 2008, in the Board of Commissioners’ Auditorium; and
WHEREAS this event is the premier oral advocacy competition in the metropolitan area and promotes the
written and oral communication skills of 11th and 12th grade students from high schools in Oakland and
Wayne Counties; and
WHEREAS the Dr. Martin Luther King, Jr. Drum Major for Justice Oral Advocacy Competition provides a
tremendous public purpose by encouraging students to develop and improve their analytical and writing
skills; and
WHEREAS the D. Augustus Straker Bar Association is requesting the Oakland County Board of
Commissioners to waive the rental fee for the use of the Auditorium on March 1, 2008, for the Dr. Martin
Luther King, Jr. Drum Major for Justice Oral Advocacy Competition.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, having
reviewed the fee waiver request from the D. Augustus Straker Bar Association in order to host the Dr.
Martin Luther King, Jr. Drum Major for Justice Oral Advocacy Competition, hereby approves and
authorizes the Auditorium to be made available at no charge to this organization for that purpose.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the D. Augustus Straker Bar Association and Oakland County Circuit Court Judge
Denise Langford Morris.
Chairperson, we move the adoption of the foregoing resolution.
MATTIE HATCHETT, JIM NASH, MARCIA
GERSHENSON, DAVID COULTER, HELAINE
ZACK, JOHN SCOTT, VINCENT GREGORY,
THOMAS MIDDLETON, TIM GREIMEL,
MICHAEL GINGELL, ERIC COLEMAN,
CHRISTINE LONG, DAVID WOODWARD,
EILEEN KOWALL, KAREN SPECTOR, TIM
BURNS, JEFF POTTER, DAVID POTTS
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Commissioners Minutes Continued. January 17, 2008
54
MISCELLANEOUS RESOLUTION #08022
BY: David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR MICHIGAN HEALTH CARE SECURITY
CONSTITUTIONAL AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States spends more on health care than any other country and according to the
recent study, "Measuring the Health Care of Nations: Updating an Earlier Analysis" issued in January
2008 by the non-profit Commonwealth Fund, the United States ranked dead last in providing timely and
effective health care to its citizens when compared to the top 19 industrialized countries in the world; and
WHEREAS the cost of health care has risen at a rate greater than wage inflation for a decade and
continues to do so; and
WHEREAS the business community, especially small business, is having a very difficult time providing
health care to their employees and compete in a global economy with competitors who do not have to
provide health care because their home country does; and
WHEREAS access to quality health care in America ought to be a right and not a privilege; and
WHEREAS the Michigan economy is losing jobs, in part, caused by the high cost of health care; and
WHEREAS in order to modernize and retool the Michigan economy the health care system must be
reformed and strengthened; and
WHEREAS over 1 million people in Michigan are without health insurance, including many residing in
Oakland County; and
WHEREAS people are increasingly experiencing severe decreases in coverage or losing coverage all
together because of the rapid increase in the cost of health insurance; and
WHEREAS Oakland County can not afford to continue to provide the current level of health care to its
4,000 employees, if costs continue to rise at the rate they have over the last many years; and
WHEREAS Oakland County’s Emerging Sectors Initiative will increasingly be at a competitive
disadvantage in attracting new businesses from across the globe to expand and relocate here, if
affordability of health care is not addressed; and
WHEREAS the Governor’s Council on Economic Advisers has found that between $57 and $63 billion is
spent every year in Michigan for health care, which translates into about $6,000 per person – or $7.2
billion for all Oakland County residents – indicating aggregately there is enough money spent on health
care to insure health care to all; and
WHEREAS the process to secure health care reform must begin and an effort is being undertaken by the
Michigan Health Care Security Ballot Campaign to amend the State Constitution at Article 4, Section 51
by inserting the following language:
“The State Legislature shall pass laws to make sure that every Michigan resident has affordable
and comprehensive health care coverage through a fair and cost-effective financing system. The
Legislature is required to pass a plan that, through public or private measures, controls health
care costs and provides for medically necessary preventive, primary, acute and chronic health
care needs.”
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the above mentioned proposed amendment to Article 4; Section 51 of the State Constitution,
and urges the public to get involved and also support this important initiative.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the all Oakland County media
outlets, the Governor of Michigan, the Oakland County state legislative delegation, all cities, townships,
and villages in Oakland County, and the Michigan Association of Counties.
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, ERIC COLEMAN,
VINCENT GREGORY, DAVID COULTER,
HELAINE ZACK, JIM NASH, MARCIA
GERSHENSON, TIM BURNS, KAREN
SPECTOR, MATTIE HATCHETT
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Commissioners Minutes Continued. January 17, 2008
55
MISCELLANEOUS RESOLUTION #08023
BY: Eric Coleman, District #23
IN RE: BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL COUNTY GOVERNMENT WEEK
IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the nation’s 3,066 counties provide a variety of essential public services to communities
serving 300 million Americans; and
WHEREAS counties take seriously their responsibility to protect and enhance the health, welfare and
safety of its residents in sensible and cost-effective ways; and
WHEREAS many county government services directly touch the lives of children and families; and
WHEREAS in 13 states, all or some of the counties are responsible for child welfare and foster care
systems; and
WHEREAS more than 500,000 children are in foster care, removed from their families, as a result of
suspected abuse or neglect; and
WHEREAS one in five girls and one in ten boys will be sexually victimized before adulthood; and
WHEREAS the National Association of Counties first celebrated National County Government Week in
1991, to raise public awareness and understanding about the roles and responsibilities of the nation’s
counties to meet the needs of the community.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
proclaims April 6 – 12, 2008, as National County Government Week in Oakland County.
BE IT FURTHER RESOLVED that on April 24, 2008, the Oakland County Board of Commissioners will
host the annual Youth in Government Day Program, in which local high school students are invited to
meet with their County Commissioner and learn about county government.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins in the recognition
of the leadership, innovation and valuable service provided by the nation’s counties, especially in the
protection and welfare of children.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Michigan Association of Counties and the National Association of Counties.
Chairperson, we move the adoption of the foregoing resolution.
ERIC COLEMAN, MARCIA GERSHENSON,
TIM GREIMEL, TIM BURNS, VINCENT
GREGORY, JIM NASH, HELAINE ZACK,
KAREN SPECTOR, DAVID COULTER, DAVID
WOODWARD, MATTIE HATCHETT, MIKE
ROGERS, CHRISTINE LONG, BRADFORD
JACOBSEN, MICHAEL GINGELL, THOMAS
MIDDLETON, JEFF POTTER, DAVID POTTS,
EILEEN KOWALL, JOHN SCOTT, SUE ANN
DOUGLAS
Moved by Coleman supported by Potts to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #08023 – BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL COUNTY
GOVERNMENT WEEK IN OAKLAND COUNTY.
Vote on motion to suspend the rules:
AYES: Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell,
Gosselin, Gregory, Greimel. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #08023 – BOARD OF COMMISSIONERS – RECOGNIZING
NATIONAL COUNTY GOVERNMENT WEEK IN OAKLAND COUNTY carried.
Commissioners Minutes Continued. January 17, 2008
56
Moved by Coleman supported by Potts the resolution be adopted.
AYES: Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell,
Gosselin, Gregory. Greimel, Hatchett. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #08024
BY: Eric Coleman, District #23
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY BAN ON PURCHASE OF
STYROFOAM (POLYSTYRENE FOAM)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland has a duty to protect the natural environment, the economy, and the
health of its citizens; and
WHEREAS effective ways to reduce the negative environmental impacts is to use compostable and
biodegradable materials made from renewable resources; and
WHEREAS polystyrene foam (Styrofoam) is a common environmental pollutant, as well as, a non-
biodegradable substance that is commonly used; and
WHEREAS there continues to be no meaningful recycling of polystyrene foam food service ware, and
biodegradable or compostable food service ware is an affordable, safe, more ecologically-sound
alternative; and
WHEREAS the natural compost product from biodegradable or compostable materials is used as fertilizer
for farms and gardens, thereby moving towards a healthier zero waste system; and
WHEREAS polystyrene foam is notorious as a pollutant that breaks down into smaller, non-biodegradable
pieces that are ingested by marine life and other wildlife, thus harming or killing them; and
WHEREAS due to the physical properties of polystyrene, the EPA states “that such materials can also
have serious impacts on human health, wildlife, the aquatic environment and the economy;” and
WHEREAS styrene, a component of polystyrene, is a known hazardous substance that medical evidence
and the Food and Drug Administration suggests leaches from polystyrene containers into food and drink;
and
WHEREAS styrene is a suspected carcinogen and neurotoxin which potentially threatens human health;
and
WHEREAS due to these concerns, nearly 100 cities have banned polystyrene foam food service ware.
Many businesses and national corporations have successfully replaced polystyrene foam and other non-
biodegradable food service ware with affordable, safe, biodegradable products; and
WHEREAS restricting the use of polystyrene foam food service ware products and replacing non-
biodegradable food service ware with biodegradable food service ware products will further protect the
public health and safety of the residents and employees of Oakland County, the natural environment,
waterways and wildlife.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
recognizes that it has a duty to protect the natural environment, the economy, and the health of its
citizens and establishes a ban of polystyrene foam food service products and requests the Oakland
County Executive’s administration to establish and enforce a purchasing provision to prohibit the
purchase of polystyrene foam (Styrofoam) products, as well as, the use of polystyrene foam products by
vendors or concessionaires in Oakland County facilities.
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 Purchasing Division and Oakland
County Health Division.
Chairperson, we move the adoption of the foregoing resolution.
ERIC COLEMAN, JIM NASH, VINCENT
GREGORY, DAVID COULTER, MARCIA
GERSHENSON, KAREN SPECTOR, DAVID
WOODWARD, MATTIE HATCHETT
Commissioners Minutes Continued. January 17, 2008
57
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 10:55 a.m. to the call of the Chair or February 7, 2008, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson