HomeMy WebLinkAboutMinutes - 2009.03.05 - 849072
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 5, 2009
Meeting called to order by Chairperson Bill Bullard, Jr. at 10:03 a.m. in the Courthouse Auditorium, 1200
N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Woodward, Zack. (23)
EXCUSED ABSENCE WITH NOTICE: Taub. (1)
EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1)
Quorum present.
Invocation given by Kim Capello.
Pledge of Allegiance to the Flag.
Moved by Long supported by Schwartz the minutes of the February 5, 2009 Board Meeting be approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Jacobsen supported by Coulter the agenda be amended as follows:
ITEMS NOT ON BOARD AGENDA
FINANCE COMMITTEE
h. Department of Information Technology - Revision of Access Oakland Master Fee Structure to
Eliminate Reduced Fee Level for Transactions Over $10,000
(Reason for Suspension of Finance Committee, item h.: Waiver of Rule III.: Item shall be presented
to Board Chair for inclusion on Board agenda five days prior to Board meeting. Finance Committee
will meet immediately prior to today’s Board meeting.)
GENERAL GOVERNMENT COMMITTEE
i. Board of Commissioners - Recognizing March 2009 as Developmental Disabilities Awareness
Month in Oakland County
(Reason for Suspension of General Government Committee, item i.: Rule XII.: Request for
Suspension of the Board Rules to immediately consider the resolution, which requires that a written
notice of that request must accompany presentation of the resolution to the caucuses and also be
presented to the Clerk of the Board upon its introduction.)
Commissioners Minutes Continued. March 5, 2009
73
Vote on Agenda, as amended:
AYES: Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Woodward, Zack. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the Agenda, as amended, was approved.
Chairperson Bill Bullard, Jr., introduced Carol Anderson who presented a Community Service Award to
the Oakland County Sheriff’s Office Benefit the Disabled from the Michigan Recreation and Park
Association.
Commissioner Jackson, along with Commissioners Gershenson, Long and Scott, presented a
Proclamation to Jim Hiller of Hiller’s Grocery Market honoring him for his continued service, philanthropic
endeavors and years of dedicated economic partnerships. A representative of Hiller’s Grocery Market
accepted on his behalf.
Commissioner Douglas, along with Commissioners Bullard, Gingell, Gosselin and Greimel, presented a
Proclamation to Roy Rewold of Frank Rewold and Son Inc. honoring him for his outstanding leadership
and exemplary character.
Chairperson Bill Bullard, Jr., welcomed County Executive, L. Brooks Patterson who addressed the Board
and introduced Karry Reith and Gordon Lambert, of the Community & Home Improvement Division. They
gave a Presentation on the Neighborhood Stabilization Program & the Oakland County Home Buyer
Program.
Discussion followed.
Pascal Chevner addressed the Board during public comment.
Deputy County Clerk/Register of Deeds James VanLeuven read a communication from County
Executive, L. Brooks Patterson, authorizing the appointment of County Commissioners Tim Burns and
Michael Gingell to the Oakland County Brownfield Redevelopment Authority Board of Directors. The
communication was received for filing.
Deputy County Clerk/Register of Deeds James VanLeuven read a communication from Gregory C.
Jamian resigning from his position as Parks and Recreation Commissioner of Oakland County. The
communication was received for filing.
Deputy County Clerk/Register of Deeds James VanLeuven read a communication from Bill Bullard, Jr.,
Chairperson of the Oakland County Board of Commissioners, appointing Commissioner Jeff Potter to the
Lake Board of Walled Lake. Without objection, the appointment was confirmed.
Deputy County Clerk/Register of Deeds James VanLeuven read a communication from Cynthia T.
Walker, District Judge, President of the Oakland County District Judges Association, confirming its desire
to have Judge Richard Kuhn of the 51st District Court reappointed to the new two-year term of the
Criminal Justice Coordinating Council which began January 1, 2009 and Judge Robert Turner of the 43rd
District Court will be the alternate. The communication was received for filing.
Deputy County Clerk/Register of Deeds James VanLeuven read a communication from David B.
Niedermeier, President of the Oakland County Association of Chiefs of Police, submitting the name of
Chief David Molloy of the Novi Police Department as a representative to the Criminal Justice Coordinating
Council for the 2009 - 2010 membership term. The communication was received for filing.
Commissioners Minutes Continued. March 5, 2009
74
Deputy County Clerk/Register of Deeds James VanLeuven read a communication from Michael D.
Schloff, President of the Oakland County Bar Association, appointing Joseph A. Lavigne as a designated
representative and Gerald J. Gleeson, II as a designated alternate to serve on the Criminal Justice
Coordinating Council. The communication was received for filing.
Deputy County Clerk/Register of Deeds James VanLeuven read a communication from L. Brooks
Patterson, County Executive, advising that he will serve on the Oakland County Criminal Justice
Coordinating Council and designating Deputy County Executive Gerald D. Poisson as his alternate. The
communication was received for filing.
Moved by Capello supported by Burns 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 108.
The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #09031
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 2008
AND 2009 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 which 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 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) which are, or will be, owed in
2008 and 2009 to the County and the local units (collectively, the "taxing units") and which (i) were first
assessed in 2008 and shall have remained unpaid on March 1, 2009 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 "2008 Delinquent Taxes"), or (ii)
were first assessed in 2009 and shall have remained unpaid on March 1, 2010 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 "2009 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 2009 and
General Obligation Limited Tax Notes, Series 2010 in one or more series, in accordance with Sections
87c, 87d, 87g, and 89 of Act 206 and on the terms and conditions set forth below.
Commissioners Minutes Continued. March 5, 2009
75
NOW THEREFORE BE IT RESOLVED that:
I.
GENERAL PROVISIONS
101. Establishment of 2009 Revolving Fund. In order to implement the continuation of the
Revolving Fund Program and in accordance with Act 206, the County hereby establishes a
2009 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 2009 Notes. The County shall, in 2009, issue its General Obligation Limited
Tax Notes, Series 2009 in one or more series (the "2009 Notes") in accordance with this
Resolution and Sections 87c, 87d, 87g, and 89 of Act 206, payable in whole or in part from
the 2008 Delinquent Taxes and/or from the other sources specified in Section 705.
103. Aggregate Amount of 2009 Notes.
(a) The 2009 Notes shall be issued in an aggregate amount to be determined in
accordance with this Section by the Treasurer.
(b) The aggregate amount of the 2009 Notes shall not be less than the amount by
which the actual or estimated 2008 Delinquent Taxes exceeds (i) the County's
participating share of the 2008 Delinquent Taxes, and (ii) any sums otherwise
available to fund the 2009 Tax Payment Account established under Section 702
(including any monies held in respect of Section 704(c)).
(c) The aggregate amount of the 2009 Notes shall not be greater than the sum of (i)
the actual amount of the 2008 Delinquent Taxes pledged to the payment of debt
service on the 2009 Notes, plus (ii) the amount determined by the Treasurer to be
allocated to a reserve fund. Proceeds of the 2009 Notes devoted to a reserve fund
shall not exceed the lesser of (A) the amount reasonably required for those of the
2009 Notes secured by the reserve fund, (B) 10% of the proceeds of such 2009
Notes, (C) the maximum amount of annual debt service on such 2009 Notes, or (D)
125% of average annual debt service on such 2009 Notes.
(d) The aggregate amount of the 2009 Notes shall be designated by the Treasurer by
written order after (i) the amount of the 2008 Delinquent Taxes, or the amount of
2008 Delinquent Taxes to be funded by the issuance of the 2009 Notes, has been
estimated or determined, and (ii) the amount of the reasonably required reserve
fund has been calculated. 2008 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 of 2009 Tax Notes. If the 2009 Notes are issued and sold before the Treasurer
has received certification from the taxing units of the amount of the 2008 Delinquent Taxes,
and if such certification is not reasonably anticipated to occur to allow distribution of the
proceeds of the 2009 Notes within 20 days after the date of issue, the proceeds of the 2009
Notes shall be deposited in the County's 2009 Delinquent Tax Project Account and
thereafter used to fund the whole or a part of the County's 2009 Tax Payment Account,
2009 Note Reserve Account and/or 2009 Note Payment Account, subject to and in
accordance with Article VII. If the 2009 Notes are issued and sold on or after such time,
the proceeds of the 2009 Notes shall be deposited directly into the County's 2009 Tax
Payment Account, 2009 Note Reserve Account and/or 2009 Note Payment Account, as
provided in Article VII.
Commissioners Minutes Continued. March 5, 2009
76
105. Establishment of 2010 Revolving Fund. In order to implement the continuation of the
Revolving Fund Program and in accordance with Act 206, the County hereby establishes a
2010 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.
106. Issuance of 2010 Notes. The County shall, in 2010, issue its General Obligation Limited
Tax Notes, Series 2010 in one or more series (the "2010 Notes") in accordance with this
Resolution and Section 87c, 87d, 87g and 89, of Act 206, payable in whole or in part from
the 2009 Delinquent Taxes and/or from the other sources specified in Section 712.
107. Aggregate Amount of 2010 Notes. (a) The 2010 Notes shall be issued in an aggregate
amount to be determined in accordance with this Section by the Treasurer.
(b) The aggregate amount of the 2010 Notes shall not be less than the amount by which
the actual or estimated 2009 Delinquent Taxes exceeds (i) the County's participating
share of 2009 Delinquent Taxes, and (ii) any sums otherwise available to fund the
2010 Tax Payment Account established under Section 709 (including any monies
held in respect of Section 711(c)).
(c) The aggregate amount of the 2010 Notes shall not be greater than the sum of (i) the
actual amount of the 2009 Delinquent Taxes pledged to the payment of debt service
on the 2010 Notes, plus (ii) the amount determined by the Treasurer to be allocated
to a reserve fund. Proceeds of the 2010 Notes devoted to a reserve fund shall not
exceed the lesser of (A) the amount reasonably required for those of the 2010 Notes
secured by the reserve fund, (B) 10% of the proceeds of such 2010 Notes, (C) the
maximum amount of annual debt service on such 2010 Notes, or (D) 125% of
average annual debt service on such 2010 Notes.
(d) The aggregate amount of the 2010 Notes shall be designated by the Treasurer by
written order after (i) the amount of the 2009 Delinquent Taxes, or the amount of
2009 Delinquent Taxes to be funded by the issuance of the 2010 Notes, has been
estimated or determined, and (ii) the amount of the reasonably required reserve fund
has been calculated. 2009 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.
108. Proceeds of 2010 Notes. If the 2010 Notes are issued and sold before the Treasurer has
received certification from the taxing units of the amount of the 2009 Delinquent Taxes, and
if such certification is not reasonably anticipated to occur to allow distribution of the
proceeds of the 2010 Notes within 20 days after the date of issue, the proceeds of the 2010
Notes shall be deposited in the County's 2010 Delinquent Tax Project Account and
thereafter used to fund the whole or a part of the County's 2010 Tax Payment Account,
2010 Note Reserve Account and/or 2010 Note Payment Account, subject to and in
accordance with Article VII. If the 2010 Notes are issued and sold on or after such time,
the proceeds of the 2010 Notes shall be deposited directly into the County's 2010 Tax
Payment Account, 2010 Note Reserve Account and/or 2010 Note Payment Account, as
provided in Article VII.
109. 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 2008 Delinquent
Taxes and/or 2009 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.
Commissioners Minutes Continued. March 5, 2009
77
II.
FIXED MATURITY NOTES
201. Authority. At the option of the Treasurer, exercisable by written order prior to the issuance
of the relevant notes, the 2009 Notes and/or 2010 Notes (alternatively the "Notes") may be
issued in accordance with this Article II. All reference to "Notes" in Article II refers only to
Notes issued pursuant to Article II, unless otherwise specified.
202. Date. The Notes shall be dated as of the date of issue or as of such earlier date specified
by written order of the Treasurer.
203. Maturity and Amounts. Notes issued pursuant to this Article II shall be structured in
accordance with subsections (a) or (b) below, as determined by the Treasurer pursuant to
written order.
(a) The first maturity of the Notes or of a series of 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 three most-
recently concluded tax years and the corollary schedule setting forth the anticipated
rate of collection of those 2008 Delinquent Taxes or 2009 Delinquent Taxes (as the
case may be) that 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 may be structured with a single stated maturity falling not
later than the fourth anniversary of the date of issue. The amount of the stated
maturity shall be the aggregate principal amount determined in accordance with
Section 103 or Section 107 (as the case may be). 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 semiannually, 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.
Commissioners Minutes Continued. March 5, 2009
78
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the registered owner of each Note as of
the applicable date of record, provided, however, that the Treasurer may agree with
the Registrar (as defined below) on a different method of payment.
(d) Subject to Section 403 in the case of variable rate Notes, the date of record shall be
not fewer than 14 nor more than 31 days before the date of payment, as designated
by the Treasurer prior to the sale of the Notes.
205. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution
and shall reflect all material terms of the Notes. Unless the Treasurer shall, by written
order, specify the contrary, the Notes shall be issued in fully registered form both as to
principal and interest, registrable upon the books of a note registrar (the "Registrar") to be
named by the Treasurer. If the Notes are issued in bearer form, the Treasurer shall appoint
a paying agent (the "Paying Agent"). (The Registrar or Paying Agent so named may be
any bank or trust company or other entity, including the County, offering the necessary
services pertaining to the registration and transfer of negotiable securities.)
206. Denominations and Numbers. The Notes shall be issued in one or more denomination or
denominations of $1,000 each or any integral multiple of $1,000 in excess of $1,000, as
determined by the Treasurer. Notwithstanding the foregoing, however, in the event the
Notes are deposited under a book entry depository trust arrangement pursuant to Section
208, the Notes shall, if required by the depository trustee, be issued in denominations of
$5,000 each or any integral multiple of $5,000. The Notes shall be numbered from one
upwards, regardless of maturity, in such order as the Registrar shall determine.
207. Transfer or Exchange of Notes.
(a) Notes issued in registered form shall be transferable on a note register maintained
with respect to the Notes upon surrender of the transferred Note, together with an
assignment executed by the registered owner or his or her duly authorized attorney-
in-fact in form satisfactory to the Registrar. Upon receipt of a properly assigned Note,
the Registrar shall authenticate and deliver a new Note or Notes in equal aggregate
principal amount and like interest rate and maturity to the designated transferee or
transferees.
(b) Notes may likewise be exchanged for one or more other Notes with the same interest
rate and maturity in authorized denominations aggregating the same principal
amount as the Note or Notes being exchanged, upon surrender of the Note or Notes
and the submission of written instructions to the Registrar or, in the case of bearer
Notes, to the Paying Agent. Upon receipt of a Note with proper written instructions
the Registrar or Paying Agent shall authenticate and deliver a new Note or Notes to
the owner thereof or to the 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 Registrar
Commissioners Minutes Continued. March 5, 2009
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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 prospective 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) In the case of any Notes subject to Section 602 and notwithstanding any contrary
provision of subsections (b) or (c) above, the Treasurer is directed to structure the
redemption provisions of the Notes in a manner necessary to assure the availability
under applicable law of (i) any available temporary period for the investment of Note
proceeds, or (ii) any available exemption from arbitrage rebate obligations with
respect to any of the gross proceeds of the Notes.
(e) 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.
(f) 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.
(g) 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 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
Commissioners Minutes Continued. March 5, 2009
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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 prior to the issuance
of the relevant notes, the 2009 Notes and/or the 2010 Notes (alternatively, the "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.
309. Renewal or Refunding Notes.
(a) The Treasurer may, by written order, authorize the issuance of renewal or refunding
Notes (collectively "Renewal Notes"). Renewal Notes shall be sold on the maturity
date of, and the proceeds applied to the payment of debt service on, the Notes to be
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renewed. The maturities and repayment terms of the Renewal Notes shall be set by
written order of the Treasurer.
(b) In the order authorizing Renewal Notes, the Treasurer shall specify whether the
Notes shall be issued in accordance with this Article III, in which event the provisions
of Article III shall govern the issuance of the Notes, or whether the Notes shall be
issued in accordance with Article II, in which event the provisions of Article II shall
govern the issuance of the Notes. The order shall also provide for and shall also
govern with respect to:
(i) the aggregate amount of the Renewal Notes;
(ii) the date of the Renewal Notes;
(iii) the denominations of the Renewal Notes;
(iv) the interest payment dates of the Renewal Notes;
(v) the maturity or maturities of the Renewal Notes;
(vi) the terms of sale of the Renewal Notes;
(vii) whether any Renewal Notes issued in accordance with Article II shall be
subject to redemption and, if so, the terms thereof; and
(viii)any other terms of the Renewal Notes consistent with, but not specified in,
Article II or Article III.
(c) Regardless of whether Renewal Notes need be approved by prior order of the
Department of Treasury, the Treasurer pursuant to Section 89(5)(d) of Act 206, shall
promptly report to the Department of Treasury the issuance of any Renewal Notes.
IV.
VARIABLE INTEREST RATE
401. Variable Rate Option. At the option of the Treasurer, exercisable by written order prior to
the issuance of the relevant notes, the 2009 Notes and/or the 2010 Notes (alternatively, the
"Notes"), whether issued pursuant to Article II or Article III, may be issued with a variable
interest rate, provided that the rate shall not exceed the maximum rate of interest permitted
by law.
402. Determination of Rate. The order of the Treasurer shall provide how often the variable
interest rate shall be subject to recalculation, the formula or procedure for determining the
variable interest rate, whether and on what terms the rate shall be determined by a
remarketing agent in the case of demand obligations consistent with Section 801(d), and
whether and on what terms a fixed rate of interest may be converted to or from a variable
rate of interest. Such formula or procedure shall be as determined by the Treasurer but
shall track or float within a specified percentage band around the rates generated by any
one or more of the following indices:
(i) Publicly reported prices or yields of obligations of the United States of America;
(ii) An index of municipal obligations periodically reported by a nationally recognized
source;
(iii) The prime lending rate from time to time set by any bank or trust company in the
United States with unimpaired capital and surplus exceeding $40,000,000;
(iv) Any other rate or index that may be designated by order of the Treasurer provided
such rate or index is set or reported by a source which is independent of and not
controlled by the Treasurer or the County.
The procedure for determining the variable rate may involve one or more of the above
indices as alternatives or may involve the setting of the rate by a municipal bond specialist
provided such rate shall be within a stated percentage range of one or more of the indices
set forth above.
403. Date of Record. The Date of Record shall be not fewer than one nor more than 31 days
before the date of payment, as designated by written order of the Treasurer.
404. Redemption. Notwithstanding any contrary provision of subsections (b) and (c) of Section
209, but subject to the last sentence of this Section 404, Notes bearing interest at a
variable rate may be subject to redemption by the County and/or put by the holder at any
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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. 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 2009 Notes and/or 2010 Notes (alternatively 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 effect 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 Notes of all series issued in anticipation of a particular year's Delinquent Taxes
shall not exceed the maximum aggregate principal amount permitted under Section
103 or Section 107 (as the case may be);
(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; and
(e) The Notes of all series issued pursuant to Article II above shall not, in aggregate,
mature in amounts or on dates exceeding the maximum authorized maturities set
forth in Section 203.
502. Series Secured Pari Passu. If the Notes are issued in multiple series pursuant to this
Article V, each series of Notes may, by written order of the Treasurer, be secured pari
passu with the other by the security described in and the amounts pledged by Section 705
or Section 712 (as the case may be). Moreover, such security may, pursuant to further
written 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
2009 Note Reserve Account or 2010 Note Reserve Account (as the case may be) 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
2009 Note Payment Account or 2010 Note Payment Account (as the case may be)
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for each series of corresponding Notes, and all amounts deposited in such Note
Payment Account shall be allocated to the corresponding 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 relevant 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 secured by the relevant Note Payment Account 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 relevant 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 corresponding 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 relevant Note
Payment Account may be allocated among the corresponding sub-accounts
according to the total amount of debt service that will actually be paid from
the respective sub-accounts.
(ii) Alternatively, the Treasurer may, by written order, rank the sub-accounts
established under Subsection (b) above in order of priority, and specify that
each such sub-account shall receive deposits only after all sub-accounts
having a higher priority have received deposits sufficient to discharge all (or
any specified percentage of) Notes whose series corresponds to any of the
sub-accounts having priority.
(d) In the absence of a written order of the Treasurer to the contrary, the amounts in
each sub-account established pursuant to this Section 502 shall secure only the
Notes issued in the series for which such sub-account was established, until such
Notes and interest on such Notes are paid in full, after which the amounts in such
sub-account may, pursuant to written order of the Treasurer, be added pro rata to the
amounts in the other sub-accounts and thereafter used as part of such other sub-
accounts to secure all Notes and interest on such Notes for which such other sub-
accounts were created, until paid in full. Alternatively, amounts held in two or more
sub-accounts within either the Note Reserve Account or the Note Payment Account
may be commingled, and if commingled shall be held pari passu for the benefit of the
holders of each series of Notes pertaining to the relevant sub-accounts.
503. Series Independently Secured. If the Notes are issued in multiple series pursuant to this
Article V, each series of Notes may, by written order of the Treasurer, be independently
secured in accordance with this Section 503.
(a) Each series of Notes shall pertain to one or more taxing units, as designated by the
Treasurer pursuant to written order, and no two series of Notes shall pertain to the
same taxing unit. A school district, intermediate school district, or community college
district extending beyond the boundaries of a city in which it is located may, pursuant
to written order of the Treasurer, be subdivided along the 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 2009 Tax Payment
Account or 2010 Tax Payment Account (as the case may be). 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
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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 2009 Note Reserve
Account or 2010 Note Reserve Account (as the case may be) for each series of
Notes, into which shall be deposited the amount determined by the Treasurer under
Section 103 or Section 107 (as the case may be) or Section 703 or Section 710 (as
the case may be) 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 2009 Note Payment
Account or 2010 Note Payment Account (as the case may be) for each series of
Notes. Each sub-account shall be allocated only those amounts described in Section
704 or Section 711 (as the case may be) which pertain to the taxing units included in
the series corresponding to the sub-account. Chargebacks received from a taxing
unit pursuant to Section 905 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 2009 Notes and 2010 Notes each be structured as taxable obligations.
Consequently, the 2009 Notes and 2010 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 2009 Notes and 2010 Notes each shall be exempt from
the imposition of the State of Michigan income tax and the State of Michigan single
business tax, and the 2009 Notes and 2010 Notes shall not be subject to the State of
Michigan intangibles tax.
VII.
FUNDS AND SECURITY
701. 2009 Delinquent Tax Project Account. If the 2009 Notes are issued and sold before the
Treasurer has received certification from the taxing units of the amount of the 2008
Delinquent Taxes, and if such certification is not reasonably anticipated in time to allow
distribution of the proceeds of the 2009 Notes within 20 days after the date of issue, a 2009
Delinquent Tax Project Account (the "2009 Project Account") shall be established by the
Treasurer as a separate and distinct fund of the County within its general fund. The 2009
Project Account shall receive all proceeds from the sale of the 2009 Notes, including any
premium or accrued interest received at the time of sale. The 2009 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 2009 Project Account shall be expended only (i) for the purpose of
funding the 2009 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
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2009 Notes. In the event the Treasurer by written order so directs, additional funding of the
2009 Project Account may be undertaken, and any surplus proceeds remaining in the 2009
Project Account after the Treasurer has completed the funding of the 2009 Tax Payment
Account may be transferred to either the 2009 Note Reserve Account created under
Section 703 or the 2009 Note Payment Account created under Section 704. Monies in the
2009 Project Account may be disbursed by the escrow agent to the County's 2009 Tax
Payment Account at any time and from time to time, upon receipt of a written requisition
signed by the Treasurer.
702. 2009 Tax Payment Account. The County's 2009 Tax Payment Account (the "2009 Tax
Payment Account") is hereby established as a distinct account within the 2009 Revolving
Fund. The Treasurer shall designate all or a portion of the proceeds of the 2009 Notes, not
to exceed the amount of 2008 Delinquent Taxes, for deposit in the 2009 Tax Payment
Account. If, however, the proceeds of the 2009 Notes are initially deposited in the 2009
Project Account pursuant to Section 701, the Treasurer is instead authorized and directed
to transfer monies included in the 2009 Project Account to the 2009 Tax Payment Account
in accordance with the procedures set forth in Section 701. The County shall apply the
monies in the 2009 Tax Payment Account to the payment of the 2008 Delinquent Taxes or
expenses of the borrowing in accordance with Act 206. The allocation of monies from the
2009 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 2009 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 2009 Notes are issued, the 2009 Tax Payment Account may be divided into
separate sub-accounts in order to allow the Treasurer to designate which taxing units shall
receive borrowed funds and which shall receive funds otherwise contributed by the County.
703. 2009 Note Reserve Account. In the event funding is provided as described in this Section
703, the Treasurer shall establish a 2009 Note Reserve Account (the "2009 Note Reserve
Account") as a distinct account within the 2009 Revolving Fund. After depositing all of the
monies to fund the 2009 Tax Payment Account pursuant to Section 702, the Treasurer
shall next transfer to the 2009 Note Reserve Account, either from the 2009 Project Account
or directly from the proceeds of 2009 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 2009 Note Reserve Account in an amount which, when added
to any other amounts to be deposited in the 2009 Note Reserve Account, does not exceed
the amount reasonably required for the 2009 Notes secured by the Reserve Account or, if
less, 20% of the total amount of the 2009 Notes secured by the 2009 Reserve Account.
Except as provided below, all monies in the 2009 Note Reserve Account shall be used
solely for payment of principal of, premium, if any, and interest on the 2009 Notes to the
extent that monies required for such payment are not available in the County's 2009 Note
Payment Account. Monies in the 2009 Note Reserve Account shall be withdrawn first for
payment of principal of, premium, if any, and interest on the 2009 Notes before County
general funds are used to make the payments. All income or interest earned by, or
increment to, the 2009 Note Reserve Account due to its investment or reinvestment shall
be deposited in the 2009 Note Reserve Account. When the 2009 Note Reserve Account is
sufficient to retire the 2009 Notes and accrued interest thereon, the Treasurer may order
that the 2009 Note Reserve Account be used to purchase the 2009 Notes on the market,
or, if the 2009 Notes are not available, to retire the 2009 Notes when due. If so ordered by
the Treasurer, all or any specified portion of the 2009 Note Reserve Account may be
applied toward the redemption of any 2009 Notes designated for redemption in accordance
with Section 209.
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704. 2009 Note Payment Account.
(a) The County's 2009 Note Payment Account is hereby established as a distinct
account within the 2009 Revolving Fund. (The County's 2009 Note Payment
Account, as supplemented by monies held in any interim account that are designated
for transfer to the 2009 Note Payment Account, is herein referred to as the "2009
Note Payment Account".) The Treasurer is directed to deposit into the 2009 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 2009 Note
Payment Account all or any portion of the amounts described below in Paragraph (iii).
(i) All 2008 Delinquent Taxes.
(ii) All statutory interest on the 2008 Delinquent Taxes.
(iii) All property tax administration fees on the 2008 Delinquent Taxes, net of any
amounts applied toward the expenses of the borrowing in anticipation of such
year's delinquent taxes.
(iv) Any amounts which are received by the Treasurer from the taxing units within
the County because of the uncollectability of the 2008 Delinquent Taxes.
(v) Any amounts remaining in the 2009 Project Account after the transfers to the
2009 Tax Payment Account and 2009 Note Reserve Account have been
made as specified in Sections 702 and 703.
(b) Monies in the 2009 Note Payment Account shall be used by the County to pay
principal of, premium, if any, and interest on the 2009 Notes as the same become
due and payable.
(c) (i) The Treasurer may, by written order, provide that only a portion of the sums
described above in Subsection (a) shall be deposited into the 2009 Note
Payment Account and applied toward the payment of debt service on the
2009 Notes, in which event those sums which are withheld from the 2009
Note Payment Account shall be deposited into the 2009 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 2009 Note Payment Account
pursuant to this Subsection shall be determined in accordance with the
following Paragraph.
(ii) Prior to the issuance of the 2009 Notes, the Treasurer may by written order
specify a cut-off date not earlier than March 1, 2009, and only those sums
payable to the 2009 Note Payment Account and received by the County after
the cut-off date shall be applied to the 2009 Note Payment Account.
(d) The Treasurer may, by written order, provide that at such time as sufficient funds
shall have been deposited into the 2009 Note Payment Account to pay all remaining
amounts owed under the 2009 Notes the pledge on any additional monies otherwise
payable to the 2009 Note Payment Account shall be discharged and such monies
shall not be deposited into the 2009 Note Payment Account or otherwise pledged
toward payment of the 2009 Notes.
(e) The Treasurer may, by written order, provide that in the event 2009 Notes are issued
pursuant to Article III, amounts which would otherwise be included in the 2009 Note
Payment Account or the 2009 Note Reserve Account (or any sub-account therein for
a particular series of 2009 Notes) shall not include any amounts received by the
County prior to the latest maturity date of any series of 2009 Notes previously issued
under Article II and/or Article III.
705. Limited Tax General Obligation and Pledge (2009).
(a) The 2009 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
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to meet the payments of the principal and interest due on the 2009 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 2009 Notes
and, subject to Section 901 shall be used solely for repayment of the 2009 Notes
until the principal of, premium, if any, and interest on the 2009 Notes are paid in full:
(i) All amounts deposited or earned in any Project Account, until disbursed in
accordance with Section 701;
(ii) All net proceeds from the sale of the 2009 Notes deposited or earned in the
2009 Tax Payment Account, until disbursed in accordance with Section 702;
(iii) All amounts deposited in the 2009 Note Payment Account pursuant to
Section 704(a);
(iv) All amounts deposited in the 2009 Note Reserve Account;
(v) All amounts earned from the investment of monies held in the 2009 Note
Payment Account or the 2009 Note Reserve Account; and
(vi) Any supplemental monies placed in the 2009 Note Payment Account and
drawn in the discretion of the Treasurer from unpledged sums on the
revolving funds, which pledge shall be subject to such limitations or
exceptions as shall be set forth in the written order of the Treasurer.
(c) If the 2009 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.
Subjection to Section 602 and pursuant to written order of the Treasurer, the County
may later reimburse itself for such payments from the 2008 Delinquent Taxes
collected.
706. Security for Renewal, Refunding or Advance Refunding Notes (2009). Renewal, refunding,
or advance refunding Notes shall be secured by all or any portion of the same security
securing the 2009 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 (2009). After all principal of,
premium, if any, and interest on the 2009 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 2008 Delinquent Taxes
and all excess monies in any fund or account of the 2009 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 2009 Revolving Fund
including the securing of subsequent series of notes.
708. 2010 Delinquent Tax Project Account. If the 2010 Notes are issued and sold before the
Treasurer has received certification from the taxing units of the amount of the 2009
Delinquent Taxes, and if such certification is not reasonably anticipated in time to allow
distribution of the proceeds of the 2010 Notes within 20 days after the date of issue, a 2010
Delinquent Tax Project Account (the "2010 Project Account") shall be established by the
Treasurer as a separate and distinct fund of the County within its general fund. The 2010
Project Account shall receive all proceeds from the sale of the 2010 Notes, including any
premium or accrued interest received at the time of sale. The 2010 Project Account shall
be held in trust by an escrow agent, until the monies therein are disbursed in accordance
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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 2010 Project Account shall be expended only (i) for the purpose of
funding the 2010 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
2010 Notes. In the event the Treasurer by written order so directs, additional funding of the
2010 Project Account may be undertaken, and any surplus proceeds remaining in the 2010
Project Account after the Treasurer has completed the funding of the 2010 Tax Payment
Account may be transferred to either the 2010 Note Reserve Account created under
Section 703 or the 2010 Note Payment Account created under Section 704. Monies in the
2010 Project Account may be disbursed by the escrow agent to the County's 2010 Tax
Payment Account at any time and from time to time, upon receipt of a written requisition
signed by the Treasurer.
709. 2010 Tax Payment Account. The County's 2010 Tax Payment Account (the "2010 Tax
Payment Account") is hereby established as a distinct account within the 2010 Revolving
Fund. The Treasurer shall designate all or a portion of the proceeds of the 2010 Notes, not
to exceed the amount of 2009 Delinquent Taxes, for deposit in the 2010 Tax Payment
Account. If, however, the proceeds of the 2010 Notes are initially deposited in the 2010
Project Account pursuant to Section 701, the Treasurer is instead authorized and directed
to transfer monies included in the 2010 Project Account to the 2010 Tax Payment Account
in accordance with the procedures set forth in Section 701. The County shall apply the
monies in the 2010 Tax Payment Account to the payment of the 2009 Delinquent Taxes or
expenses of the borrowing in accordance with Act 206. The allocation of monies from the
2010 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 2010 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 2010 Notes are issued, the 2010 Tax Payment Account may be divided into
separate sub-accounts in order to allow the Treasurer to designate which taxing units shall
receive borrowed funds and which shall receive funds otherwise contributed by the County.
710. 2010 Note Reserve Account. In the event funding is provided as described in this Section
710, the Treasurer shall establish a 2010 Note Reserve Account (the "2010 Note Reserve
Account") as a distinct account within the 2010 Revolving Fund. After depositing all of the
monies to fund the 2010 Tax Payment Account pursuant to Section 709, the Treasurer
shall next transfer to the 2010 Note Reserve Account, either from the 2010 Project Account
or directly from the proceeds of 2010 Notes, any proceeds remaining from the initial
issuance of the 2010 Notes. In addition, the Treasurer may transfer unpledged monies
from other County sources to the 2010 Note Reserve Account in an amount which, when
added to any other amounts to be deposited in the 2010 Note Reserve Account, does not
exceed the amount reasonably required for the 2010 Notes secured by the 2010 Reserve
Account or, if less, 20% of the total amount of the 2010 Notes secured by the 2010
Reserve Account. Except as provided below, all monies in the 2010 Note Reserve Account
shall be used solely for payment of principal of, premium, if any, and interest on the 2010
Notes to the extent that monies required for such payment are not available in the County's
2010 Note Payment Account. Monies in the 2010 Note Reserve Account shall be
withdrawn first for payment of principal of, premium, if any, and interest on the 2010 Notes
before County general funds are used to make the payments. All income or interest earned
by, or increment to, the 2010 Note Reserve Account due to its investment or reinvestment
shall be deposited in the 2010 Note Reserve Account. When the 2010 Note Reserve
Account is sufficient to retire the 2010 Notes and accrued interest thereon, the Treasurer
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may order that the 2010 Note Reserve Account be used to purchase the 2010 Notes on the
market, or, if the 2010 Notes are not available, to retire the 2010 Notes when due. If so
ordered by the Treasurer, all or any specified portion of the 2010 Note Reserve Account
may be applied toward the redemption of any 2010 Notes designated for redemption in
accordance with Section 209.
711. 2010 Note Payment Account.
(a) The County's 2010 Note Payment Account is hereby established as a distinct
account within the 2010 Revolving Fund. (The County's 2010 Note Payment
Account, as supplemented by monies held in any interim account that are designated
for transfer to the 2010 Note Payment Account, is herein referred to as the "2010
Note Payment Account".) The Treasurer is directed to deposit into the 2010 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 2010 Note
Payment Account all or any portion of the amounts described below in Paragraph (iii).
(i) All 2009 Delinquent Taxes.
(ii) All statutory interest on the 2009 Delinquent Taxes.
(iii) All property tax administration fees on the 2009 Delinquent Taxes, net of any
amounts applied toward the expenses of the issuance of the 2010 Notes.
(iv) Any amounts which are received by the Treasurer from the taxing units within
the County because of the uncollectability of the 2009 Delinquent Taxes.
(v) Any amounts remaining in the 2010 Project Account after the transfers to the
2010 Tax Payment Account and 2010 Note Reserve Account have been
made as specified in Sections 709 and 710.
(b) Monies in the 2010 Note Payment Account shall be used by the County to pay
principal of, premium, if any, and interest on the 2010 Notes as the same become
due and payable.
(c) (i) The Treasurer may, by written order, provide that only a portion of the sums
described above in Subsection (a) shall be deposited into the 2010 Note
Payment Account and applied toward the payment of debt service on the
2010 Notes, in which event those sums which are withheld from the 2010
Note Payment Account shall be deposited into the 2010 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 2010 Note Payment Account
pursuant to this Subsection shall be determined in accordance with the
following Paragraph.
(ii) Prior to the issuance of the 2010 Notes, the Treasurer may by written order
specify a cut-off date not earlier than March 1, 2010, and only those sums
payable to the 2010 Note Payment Account and received by the County after
the cut-off date shall be applied to the 2010 Note Payment Account.
(d) The Treasurer may, by written order, provide that at such time as sufficient funds
shall have been deposited into the 2010 Note Payment Account to pay all remaining
amounts owed under the 2010 Notes the pledge on any additional monies otherwise
payable to the 2010 Note Payment Account shall be discharged and such monies
shall not be deposited into the 2010 Note Payment Account or otherwise pledged
toward payment of the 2010 Notes.
(e) The Treasurer may, by written order, provide that in the event 2010 Notes are issued
pursuant to Article III, amounts which would otherwise be allocated to the 2010 Note
Payment Account or the 2010 Note Reserve Account (or any sub-account in either
such Account for a particular series of 2010 Notes) shall not include any amounts
received by the County prior to the latest maturity date of any series of 2010 Notes
previously issued under Article II and/or Article III.
Commissioners Minutes Continued. March 5, 2009
90
712. Limited Tax General Obligation and Pledge (2010).
(a) The 2010 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 2010 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 2010 Notes
and, subject to Section 901, shall be used solely for repayment of the 2010 Notes
until the principal of, premium, if any, and interest on the 2010 Notes are paid in full:
(i) All amounts deposited or earned in the 2010 Project Account, until disbursed
in accordance with Section 701;
(ii) All net proceeds from the sale of the 2010 Notes deposited or earned in the
2010 Tax Payment Account, until disbursed in accordance with Section 702;
(iii) All amounts deposited in the 2010 Note Payment Account pursuant to
Section 704(a);
(iv) All amounts deposited in the 2010 Note Reserve Account;
(v) All amounts earned from the investment of monies held in the 2010 Note
Payment Account or the 2010 Note Reserve Account; and
(vi) Any supplemental monies placed in the Note Payment Account and drawn in
the discretion of the Treasurer from unpledged sums on the revolving funds,
which pledge shall be subject to such limitations or exceptions as shall be set
forth in the written order of the Treasurer.
(c) If the 2010 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.
Subject to Section 602 and pursuant to written order of the Treasurer, the County
may later reimburse itself for such payments from the 2009 Delinquent Taxes
collected.
713. Security for Renewal, Refunding or Advance Refunding Notes (2010). Renewal, refunding,
or advance refunding 2010 Notes shall be secured by all or any portion of the same
security securing the 2010 Notes being renewed, refunded or advance refunded. The
monies pledged in Section 712 for the repayment of the 2010 Notes are also pledged for
the repayment of the principal of, premium, if any, and interest on any renewal, refunding or
advance refunding 2010 Notes issued pursuant in respect of 2009 Delinquent Taxes to this
Resolution, and any such renewal, refunding or advance refunding 2010 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.
714. Use of Funds after Full Payment or Provisions for Payment (2010). After all principal of,
premium, if any, and interest on the 2010 Notes have been paid in full or provision 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 2009 Delinquent Taxes and all excess
monies in any fund or account of the 2010 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 2010 Revolving Fund including the securing of
subsequent series 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
Commissioners Minutes Continued. March 5, 2009
91
the Treasurer's discretion, be necessary, desirable or beneficial in connection with the
issuance of the 2009 Notes and/or 2010 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 relevant 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 relevant Notes; and
(d) A put agreement or provision allowing the purchaser of the 2009 Notes or 2010
Notes (as the case may be) to require the County to repurchase the 2009 Notes or
2010 Notes (as the case maybe) 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 2009 Notes or 2010 Notes (as the case may be) when no longer so pledged.
802. Revolving Credit Notes. If the Treasurer enters into a revolving credit agreement (the
"Agreement") pursuant to Section 801 above, the Agreement may call for the issuance of
one or more revolving credit notes (the "Revolving Credit Notes") for the purpose of
renewing all or part of maturing 2009 or 2010 Notes or 2009 or 2010 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, bimonthly, 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 2009 Notes or 2010 Notes (as the case may be), as
provided in the Agreement.
(c) The Treasurer may, at the time of the original issuance of the 2009 Notes or 2010
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 the purposes of this Resolution.
IX.
MISCELLANEOUS PROVISIONS
901. Expenses. Expenses incurred in connection with the 2009 Notes and the 2010 Notes shall
be paid from the property tax administration fees collected, respectively, on the 2008
Delinquent Taxes and 2009 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 2009 Notes and the 2010 Notes (and any renewal, refunding or
advance refunding Notes) shall be delivered with the unqualified opinion of Axe & Ecklund,
P.C., attorneys of Grosse Pointe Farms, Michigan, bond counsel chosen by the Treasurer,
which selection 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 2009 Notes and the 2010 Notes.
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 2009 Revolving Fund and the
Commissioners Minutes Continued. March 5, 2009
92
2010 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
2009 Notes or the 2010 Notes sufficient monies are not on deposit in the corresponding
Note Payment Account and the Note Reserve Account to pay all principal of and interest on
the relevant Notes when due, 2008 Delinquent Taxes or 2009 Delinquent Taxes (as the
case may be) not then paid or recovered at or prior to the latest tax sale transacted two or
more months before the final maturity of the relevant 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 2009 Note Payment Account or 2010
Note Payment Account (as the case may be) no later than five weeks prior to the final
maturity of the relevant Notes. This Section 905 shall not be construed to limit the authority
of the Treasurer under State law to charge back under other circumstances or at other
times.
906. Investments. The Treasurer is authorized to invest all monies in the 2009 Project Account
and 2010 Project Account in the 2009 Revolving Fund and 2010 Revolving Fund and in any
account or sub-account therein which 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 2009 Project Account and 2010 Project Account, in the
2009 Revolving Fund and 2010 Revolving Fund, and 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.
X.
TAX-EXEMPT 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 2009 Notes and/or 2010
Notes (alternatively 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 there under (the "Regulations") or a change in Michigan law changing
the character of the Notes may in the future permit the issuance of general obligation
limited tax notes on a tax-exempt basis, and, in view of this expectation, the County,
through the offices of the Treasurer, shall issue tax-exempt notes or issue obligations to
refund any or all outstanding Notes issued as taxable obligations, at the time, on the
terms, and to the extent set forth in this Article X.
1002. Timing of Refunding. The aforementioned refunding obligations (the "Refunding Notes")
shall be issued after the effective date of any change in the Code, Regulations, Internal
Revenue Service pronouncements or judicial rulings which, as confirmed by the written
opinion of bond counsel, permit the refunding of all or some of the outstanding Notes with
proceeds from obligations the interest on which is excluded from gross income for
purposes of Federal income tax.
Commissioners Minutes Continued. March 5, 2009
93
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 Notes requiring specific
ratification by the Board.
1005. Arbitrage Covenant and Tax Law Compliance. In the event tax-exempt Notes or Refunding
Notes are issued pursuant to this Article X, the following covenants shall be observed by
the County:
(i) The County will make no use of the proceeds of the Notes or Refunding Notes and
will undertake no other intentional act with respect to the Notes or Refunding Notes
which, if such use or act had been reasonably expected on the date of issuance of
the Notes or Refunding Notes or if such use or act were intentionally made or
undertaken after the date of issuance of the Notes or Refunding Notes, would cause
the Notes or Refunding Notes to be "arbitrage bonds," as defined in Section 148 of
the Internal Revenue Code of 1986, as amended (the "Code"), in the Regulations
promulgated under Sections 103 and 148 of the Code or in any successor or
supplementary provision of law hereinafter promulgated,
(ii) The County will undertake all actions as shall be necessary to maintain the Notes or
Refunding Notes as obligations, the interest on which qualifies for the tax exemption
provided by Section 103(a) of the Code, including, where appropriate and without
limitation, filing informational returns with the Secretary of Treasury, keeping accurate
account of all monies earned in any fund, account or sub-account authorized by this
Resolution or any resolution adopted in accordance with Section 1004 above,
certifying cumulative cash flow deficits of the County and the local units, and
investing any required portion of the gross proceeds of the Notes or Refunding
Notes, whether on behalf of the County or the local units, in tax-exempt obligations or
State and Local Government Series obligations, and
(iii) The County will make timely payment to the United States of any investment
earnings realized by the County on the gross proceeds of the Notes or Refunding
Notes, as may be subject to rebate under Section 148(f) of the Code, and, to the
extent required under applicable law or deemed by the Treasurer to be in the best
interest of the County pursuant to written order, the County's obligation to make such
payment to the United States shall also account for excess investment earnings
realized by local units on all or a portion of the gross proceeds distributed to, and
held by, the local units pursuant to Section 702.
(iv) The Treasurer shall be directed to take such actions and to enter into such
agreements and certifications, on behalf of the County, as the Treasurer shall deem
necessary or appropriate to comply with the foregoing covenants.
1006. Undertaking to Provide Continuing Disclosure. If necessary, this Board of Commissioners,
for and on behalf of the County of Oakland, hereby covenants and agrees, for the benefit of
the beneficial owners of the Notes to be issued by the County, to enter into a written
undertaking (the "Undertaking") required by Rule 15c2-12 promulgated by the Securities
and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the
"Rule") to provide continuing disclosure of certain financial information and operating data
and timely notices of the occurrence of certain events in accordance with the Rule. The
Undertaking shall be substantially in the form as approved by the Underwriter of the Notes.
The Undertaking shall be enforceable by the beneficial owners of Notes or by the
Underwriter on behalf of such beneficial owners (provided that the Underwriter's right to
Commissioners Minutes Continued. March 5, 2009
94
enforce the provisions of the Undertaking shall be limited to a right to obtain specific
enforcement of the County's obligations hereunder and under the Undertaking), and any
failure by the County to comply with the provisions of the Undertaking shall not be deemed
a default with respect to the Notes.
The County Treasurer or other officer of the County charged with the responsibility for issuing the
Notes shall provide a Continuing Disclosure Certificate for inclusion in the transcript of
proceedings, setting forth the terms of the County's Undertaking.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09032
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: TREASURER’S OFFICE - BOARD OF COMMISSIONERS APPROVAL TO WAIVE INTEREST
AND FEES FOR CERTAIN QUALIFYING TAXPAYERS THROUGH APRIL 30, 2009
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, 2009 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 2008 property tax collections) through April 30, 2009 for those
taxpayers who have qualified at their city or township for a local exemption under Section 211.44(3).
BE IT FURTHER RESOLVED that the County Treasurer is hereby authorized to notify by mail those who
are eligible for this exemption pursuant to Section 211.44(3) of Michigan Compiled Laws.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09033
BY: Finance Committee, Thomas F. Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS/CLAIMS REVIEW COMMITTEE - AMEND MR #91016 CLAIMS
REVIEW COMMITTEE – LIABILITY CLAIMS POLICY AND PROCEDURES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #86276 this Board of Commissioners established a Claims
Review Committee and Claims Procedure; and
Commissioners Minutes Continued. March 5, 2009
95
WHEREAS MR #88205 and MR #91016 revised the Liability Claims Policy and Procedures; and
WHEREAS the Claims Review Committee has reviewed and re-evaluated its Liability Claims Policy and
Procedures and recommends the Policy be further modified as follows:
1. To increase settlement authority for Corporation Counsel and Risk Management (from
$10,000 to $25,000).
2. To correctly reflect that the County currently uses two defense firms (not three as indicated in the
old Policy).
3. To reflect that Corporation Counsel may handle some litigation brought by present or former
County employees, absent a conflict of interest.
4. To acknowledge that specialized litigation may be assigned to firms other than the two firms
handling general liability cases.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the
attached Revised Liability Claims Policy and Procedures which shall supersede all others previously
passed by this Board.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of County of Oakland Liability Claims Policy and Procedures on file in County Clerk’s office.
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09034
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: MANAGEMENT AND BUDGET - RESOLUTION AUTHORIZING ISSUANCE OF OAKLAND
COUNTY BUILDING AUTHORITY, BUILDING AUTHORITY REFUNDING BONDS, SERIES 2009
(REFUNDS SERIES 2002) AND APPROVING THE UNDERTAKING TO PROVIDE CONTINUING
DISCLOSURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948, extra session, as
amended, ("Act 31") the Oakland County Building Authority (the "Authority") and the County of Oakland
(the "County"), have entered into a Full Faith and Credit General Obligation Lease Contract dated as of
July 1, 2001 (as listed in Appendix A) (the "Lease Contract"); and
WHEREAS pursuant to the Lease Contract, the Building Authority has issued a series of its bonds which
remain outstanding as listed in Appendix B (the "Bonds") to defray the cost of constructing the 52nd
District Court Third Division building for the County; and
WHEREAS the Bonds remain outstanding in various aggregate principal amounts which mature in
various principal amounts in various years and bear interest at various rates per annum which rates of
interest are higher than those now prevailing; and
WHEREAS Act 31 and Act No. 34, Public Acts of Michigan, 2001, as amended, ("Act 34") authorize the
Authority to refund all or any part of its indebtedness; and
WHEREAS the County has determined that a significant cost savings can be achieved by refunding
outstanding Bonds in whole or in part; and
WHEREAS in order to provide for the Refunding Bonds and to comply with federal securities regulations,
it is necessary to approve an amendment to the lease contract between the County and the Authority (the
“Amendment to Lease Contract”) attached as Appendix C in order to approve the undertaking to provide
continuing disclosure which Continuing Disclosure Certificate is attached as Appendix 1 to the
Amendment to Lease Contract (the "Disclosure Certificate").
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland as
follows:
1. The Authority is authorized to proceed to refund any or all of the Bonds described in Appendix B
in whole or in part, on such terms and conditions as will result in a lower total indebtedness on
such issue.
2. The Amendment to Lease Contract attached hereto as Appendix C is hereby approved.
Commissioners Minutes Continued. March 5, 2009
96
3. The County Officials set forth on the Amendment to Lease Contract are authorized to execute
and deliver the Amendment to Lease Contract on behalf of the County.
4. After any refunding bonds are issued, the Authority shall report to the County on the new debt
service schedule and the savings in total principal and interest.
5. The County Executive, if necessary, is authorized to file for approval to issue the bonds from the
State of Michigan, Department of Treasury ("Treasury"), to pay the related fee, and to execute
and deliver such other documents as may be requested by the Treasury.
6. All activities involved in the refunding of the Bonds under this resolution shall comply with the
standing rules of the Board of Commissioners.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in the
blanks in Exhibit A to Appendix C - Debt Retirement Schedule and in Appendix 1 to Appendix C -
Continuing Disclosure Certificate prior to executing and filing these documents with the Oakland County
Clerk.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Appendix A, Oakland County Building Authority, Building Authority Bonds, Series 2002,
Amendment to Lease Contract, Exhibit A, and Continuing Disclosure Certificate on file in County Clerk’s
office.
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09035
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES AND RISK MANAGEMENT – COUNTY OWNED
VEHICLES – FLEET EXPANSION OF SEARCH AND RESCUE TASK FORCE VEHICLES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted a resolution that requires the addition
of vehicles to the County auto fleet to be approved by the Board of Commissioners (MR #93230 and
#94357); and
WHEREAS Oakland County will be in possession of various specialized search and rescue vehicles
including one (1) logistics trailer, one (1) medical trailer, one (1) communications vehicle, one (1) heavy
rescue, two (2) box trucks, two (2) sprinter vans and four (4) 4x4 Pickups; and
WHEREAS the funding for the purchase of the search and rescue vehicles will be paid entirely from
Homeland Security Grant funds from the Urban Area Security Initiative (UASI) in an effort to stand up
Michigan’s first Urban Search and Rescue Task Force; and
WHEREAS Oakland County acts as the Fiduciary Agent for the UASI grant funds; and
WHEREAS the vehicles will be temporarily housed in a leased facility as previously approved by this
Board in MR #08259, and will permanently be housed in a facility identified in Independence Township;
and
WHEREAS all participating agencies that operate the specialized vehicle are required to sign an interlocal
agreement setting forth the terms and conditions surrounding use of the vehicles as previously approved
by this Board in MR #09018.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
expansion of the fleet by twelve (12) search and rescue vehicles to be assigned to Risk Management.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Acceptance and Approval of Motor Pool Fleet Expansion for Operation of Search and Rescue
Emergency Response Vehicles and Michigan USAR Task Force 1/Vehicles on file in County Clerk’s
office.
(The vote for this motion appears on page 108.)
Commissioners Minutes Continued. March 5, 2009
97
*MISCELLANEOUS RESOLUTION #09036
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - APPROVAL AND ACCEPTANCE OF
CONSTRUCTION AND LEASE AGREEMENT FOR ADDITIONAL OPTICAL FIBERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Information Technology Department holds an agreement with PAETEC Business
Services for the maintenance and repair of County owned optical fiber; and
WHEREAS the Facilities Maintenance and Operations Department wishes to extend security coverage to
Materials Management at 1155 Caesar Chavez, Pontiac, Michigan; and
WHEREAS the Water Resources Commission wishes to extend site monitoring services to waste
reclamations sites at 1155 Caesar Chavez, Pontiac, Michigan and 1235 Caesar Chavez, Pontiac,
Michigan; and
WHEREAS the County Administration has negotiated the terms of the attached construction and twenty
year lease agreement at a single payment of $14,060; and
WHEREAS the maintenance of the additional optical fibers will be included in the existing Information
Technology Department maintenance and repair contract; and
WHEREAS funding is available in the Information Technology Fund’s equipment maintenance budget for
FY 2009 and FY 2010; and
WHEREAS Information Technology has funding available for the construction of the fiber as a capital
asset in the amount of $12,560 and the operating lease of the additional optical fibers in the amount of
$1,500; and
WHEREAS the County Administration and Information Technology have reviewed and/or prepared all
necessary documents related to the attached Construction and Lease agreement; and
WHEREAS the Department of Corporation Counsel have reviewed and signed off on the Lease
Agreement; and
WHEREAS it is the recommendation that the Oakland County Board of Commissioners accept and
approve the terms and conditions of the attached Construction and Lease Agreement; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Construction and Lease Agreement for Additional Optical Fibers.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs it’s
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and PAETEC Business Services, which may be required.
BE IT FURTHER RESOLVED that a budget amendment is recommended to recognize both the operating
lease for the additional fiber, which will be set up as a prepaid expense with amortized expense over
twenty years, and the depreciation expense of the fiber that will be an asset owned by Oakland County in
the Information Technology Fund for FY 2009 and FY 2010 as follows:
INFORMATION TECHNOLOGY FUND #63600 FY 2009 FY 2010
Expense
1080601-152090-730646 Equipment Maintenance ($ 380) ($ 912)
1080601-152090-730653 Equipment Rental 31 75
1080601-152090-761114 Depreciation Expense 349 837
Total Expense $ -0- $ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Amendment and Change Order of Contract Number #1591 on file in County Clerk’s office.
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09037
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2009 DEVELOPMENT
APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. March 5, 2009
98
WHEREAS all development cost is incorporated as a single appropriation within the non-departmental
budget and then an amount equal to the actual expense is transferred to the user department with a
summary report to the Finance Committee; and
WHEREAS the Department of Information Technology has determined the First Quarter 2009
development charges to be $1,233,994.20 and the imaging development charge to be $23,810.66 for the
General Fund/General Purpose County departments; and
WHEREAS direct charges to Special Revenue and Proprietary fund departments are $630,786.38, non-
governmental imaging development are $17,889.80, and non-county agencies are $1,697.50 for the First
Quarter 2009; and
WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to
fund these development charges.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed
the First Quarter 2009 Development Report and approves the First Quarter appropriation transfer as
specified on the attached schedule.
BE IT FURTHER RESOLVED that the Board of Commissioners approves budget amendments to
respective departmental Fiscal Year 2009 budgets as specified in the attached detailed schedule.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Information Technology Development Summary 1st Quarter 2009 and Information Technology –
Reserve Fund Development/Support Detail – First Quarter 2009 on file in County Clerk’s office.
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09038
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2009 FETAL
INFANT MORTALITY DATA ABSTRACTION AGREEMENT - GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Health Division has been awarded $3,780.00 by the Michigan Public Health Institute in
return for entering infant mortality data for Oakland County into a statewide database to assist with
statistical analysis; and
WHEREAS this activity had previously been undertaken using a variety of sources; and
WHEREAS no county match or additional positions are required; and
WHEREAS this contract has been approved through the County Executive’s contract review process; and
WHEREAS the acceptance of this contract does not obligate the County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
2009 Fetal Infant Mortality Data Abstraction Agreement in the amount of $3,780.00 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 the future level of service be contingent upon the level of funding for
this program.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any
changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with
the agreement as originally approved.
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 – Health Division and Subcontractor Agreement between the Michigan
Public Health Institute and Oakland County Health Department on file in County Clerk’s office.
Commissioners Minutes Continued. March 5, 2009
99
FISCAL NOTE (MISC. #09038)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2009 FETAL
INFANT MORTALITY DATA ABSTRACTION AGREEMENT – 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 Health Division has been awarded $3,780 by the Michigan Public Health Institute in return for
entering infant mortality data for Oakland County into a statewide database to assist with
statistical analysis.
2. Funding period is January 1, 2009 thru September 30, 2009.
3. There is no county match or additional positions required.
4. A budget amendment is recommended to the FY 2009 Special Revenue Budget as follows to
reflect the grant acceptance:
FY2009
HEALTH DIVISION
Revenue
20221-1060201-133150-631869 Reimb. Of Salaries $3,780
$3,780
Expenditures
20221-1060201-133150-702010 Salaries $3,780
$3,780
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09021
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2008 – 2009 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS ASSOCIATION OF MICHIGAN
(COAM)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Command Officers Association of Michigan, have been
negotiating a contract covering approximately 104 Command Officers; and
WHEREAS a two year agreement has been reached for the period October 1, 2007, through September
30, 2009, and said agreement has been reduced to writing; and
WHEREAS this agreement provides a 1% rate increase for Fiscal Year 2008, effective with the pay
period beginning September 29, 2007, and a 1% rate increase for Fiscal Year 2009, effective with the pay
period beginning September 27, 2008; and
WHEREAS should the differential between the top of the Deputy II and Sergeant decrease below 14% for
FY 08 or 15% for FY 09, as the result of the Oakland County Deputy Sheriffs’ Association’s 312
Arbitration Award, the members of this bargaining unit will receive an additional increase to maintain the
aforementioned differential; and
WHEREAS should the Oakland County Deputy Sheriffs’ Association’s 312 Arbitration Award provide that
the Deputies health care contributions are greater than the contributions of the employees covered by this
bargaining unit, the increased contribution rate shall be applied to this group on the effective date of the
312 Arbitration Award; and
WHEREAS upon execution of this agreement, the contribution for employees in the Defined Contribution
plan hired on or after May 27, 1995, will be 10% by the County and 5% by the employee; and
WHEREAS new employees hired after ratification of this agreement will be part of the Health Savings
Account Retirement Program; and
WHEREAS the agreement has been reviewed by your Human Resources Committee, which
recommends approval of the agreement.
Commissioners Minutes Continued. March 5, 2009
100
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and the Command Officers Association of Michigan covering
the period of October 1, 2007, through September 30, 2009, and that the Board Chairperson on behalf of
the County of Oakland, is authorized to execute said agreement as attached.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
Copy of Agreement between Oakland County and the Command Officer’s Association on file in County
Clerk’s office.
FISCAL NOTE (MISC. #09021)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2008 - 2009 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS ASSOCIATION OF MICHIGAN
(COAM)
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 County of Oakland and the Command Officers Association of Michigan have reached a two
year agreement regarding wages and benefits for the period October 1, 2007 through September
30, 2009.
2. The agreement includes a 1% rate increase for FY 2008, which equates to $78,904 in salaries
and $45,809 in related fringe benefits for a total of $124,714, and a 1% rate increase in FY 2009,
which equates to $79,693 in salaries and $46,267 in related fringe benefits for a total of
$125,961.
3. The differential at the 2-year step of the Sergeant for FY 2008 will be 14% and for FY 2009 it will
be 15% at minimum above the 5-year step of the 312 eligible Deputy II rate (including road
bonus).
4. The 10% differential will continue between the top step of each classification in this bargaining
unit and any increase for FY 2008 and/or FY 2009 will be retroactive to the first pay period of the
respective fiscal year.
5. Medical coverage contribution will continue at the current rate.
6. Should there be an increase in the 312 eligible deputies’ contribution for FY 2008 and/or FY
2009, the contribution for the members of this bargaining unit will increase at the same level,
effective the date of the Oakland County Deputy Sheriff Association (OCDSA) 312 award.
7. Funding to cover the contract change for Fiscal Year 2008 and Fiscal Year 2009 was included in
the Fiscal Year 2008 and 2009 Budget. Therefore, no budget amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09022
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2008 - 2010 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE GOVERNMENT EMPLOYEES LABOR COUNCIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Government Employees’ Labor Council, have been
negotiating a contract covering approximately 123 Children’s Village employees; and
WHEREAS a three year agreement has been reached for the period October 1, 2007, through September
30, 2010, and said agreement has been reduced to writing; and
WHEREAS this agreement provides a 1% rate increase for Fiscal Year 2008; a 1% increase for Fiscal
Year 2009, effective with the execution of this agreement; and the same increase as the general, non-
Commissioners Minutes Continued. March 5, 2009
101
represented employees for Fiscal Year 2010, to be provided to this bargaining unit in the same time and
in the same manner as the general non represented employees; and
WHEREAS this agreement provides that the employees covered by the bargaining unit’s health care
contributions will be consistent with those set forth in Miscellaneous Resolution #07216. Such
contributions shall commence upon execution of this agreement. Any benefit modifications implemented
for non-represented employees during 2010 will be applied to this group at the same time and in the
same manner; and
WHEREAS Presidents’ Day and Veterans’ Day shall no longer be considered holidays for Youth
Specialists, First Cooks, Second Cooks, and General Staff Nurses covered by this bargaining unit; they
shall instead receive three (3) Bargaining Unit #22 days annually to be used or paid off annually; and
WHEREAS the agreement has been reviewed by your Human Resources Committee, which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and the Government Employees Labor Council covering the
period of October 1, 2007, through September 30, 2010, and that the Board Chairperson on behalf of the
County of Oakland, is authorized to execute said agreement as attached.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
Copy of Summary of Agreement between the County of Oakland and the Government Employees Labor
Council on file in County Clerk’s office.
FISCAL NOTE (MISC. #09022)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2008 - 2010 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE GOVERNMENT EMPLOYEES LABOR COUNCIL
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 County of Oakland and the Government Employees Labor Council (GELC) (approximately
123 Children’s Village Employees) have negotiated a Wage Reopener beginning October 1, 2007
through September 30, 2010.
2. This agreement provides for a 1.0% wage increase in FY 2008, which equates to $53,982 in
salaries and $28,610 in related fringe benefits for a total of $82,592, and a 1% increase in FY
2009, which equates to $54,257 in salaries and $30,709 in related fringe benefits for a total of
$84,966.
3. The agreement also provides that the employees represented by this bargaining agreement
receive any benefit changes provided to the general non-represented County employees in the
same time and the same manner for FY 2010.
4. Health care contributions will be consistent with those set forth in MR #07216.
5. President’s Day and Veterans’ Day shall no longer be considered holidays for Youth Specialists,
First Cooks, Second Cooks, and General Staff Nurses covered by this bargaining unit. Instead
they will receive three (3) Bargaining Unit #22 days annually to be used or paid off annually.
6. Funding to cover this contract change was included in the FY 2008 and FY 2009 Adopted
Budget. Therefore, no budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09039
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT
– 2009 GRANT PROGRAM ACCEPTANCE – DESIGN AND BIDDING OF APPROACH CLEARING AT
OAKLAND COUNTY INTERNATIONAL AIRPORT
Commissioners Minutes Continued. March 5, 2009
102
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. 2009-0153, Federal Project No. D-26-0079-6106, for Federal funds in the amount of $38,400, and
State funds in the amount of $8,400, for the development and improvement of Oakland County
International Airport; and
WHEREAS the project consists of the design and bidding of approach clearing at Oakland County
International Airport; 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 $1,200, 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
M.R. #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 $48,000, which includes a local grant match of $1,200, 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 Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant Review Sign Off – Central Services/Aviation and Oakland County International Airport
Pontiac, Michigan Exhibit 1 on file in County Clerk’s office.
FISCAL NOTE (MISC. #09039)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT –
2009 GRANT PROGRAM ACCEPTANCE – DESIGN AND BIDDING OF APPROACH CLEARING AT
OAKLAND COUNTY INTERNATIONAL AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2009-
0153, Federal Project No. D-26-0079-6106, for Federal funds in the amount of $38,400 and State
funds in the amount of $8,400 and a required local grant match of $1,200 for the development
and improvement of Oakland County International Airport.
2. The project consists of the design and bidding of approach clearing at the Oakland County
International Airport.
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 $48,000 with $38,400 of the cost from Federal funds, $8,400 of the
cost from State funds and $1,200 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 108.)
Commissioners Minutes Continued. March 5, 2009
103
*MISCELLANEOUS RESOLUTION #09040
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – 2009
GRANT PROGRAM ACCEPTANCE – DESIGN FOR THE REHABILITATION OF THE APRON AT
OAKLAND/SOUTHWEST AIRPORT
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. 2009-0162, Federal Project No. B-26-0152-0906, for Federal funds in the amount of $23,200, and
State funds in the amount of $5,075, for the development and improvement of Oakland/Southwest
Airport; and
WHEREAS the project consists of the design for the rehabilitation of the apron at Oakland/Southwest
Airport; 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 $725, 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
M.R. #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 $29,000, which includes a local grant match of $725, 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 Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant Review Sign Off – Central Services/Aviation and Oakland/Southwest Airport New Hudson,
Michigan Exhibit 1 on file in County Clerk’s office.
FISCAL NOTE (MISC. #09040)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – 2009 GRANT
PROGRAM ACCEPTANCE – DESIGN FOR THE REHABILITATION OF THE APRON AT
OAKLAND/SOUTHWEST AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2009-
0162, Federal Project No. B-26-0152-0906, for Federal funds in the amount of $23,200, State
funds in the amount of $5,075 and a required local grant match of $725 for the development and
improvement of Oakland/Southwest Airport.
2. The project consists of the design for the rehabilitation of the apron at Oakland/Southwest Airport.
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 $29,000 with $23,200 of the cost from Federal funds, $5,075 of the
cost from State funds and $725 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.
Commissioners Minutes Continued. March 5, 2009
104
7. No General Fund appropriation is required. Funding is available within the Airport Fund.
FINANCE COMMITTEE
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09041
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - GRANT ACCEPTANCE OF AN INCREASE TO
THE FINANCIAL REIMBURSEMENT FROM MICHIGAN DEPARTMENT OF ENVIRONMENTAL
QUALITY REFINED PETROLEUM FUND - TEMPORARY REIMBURSEMENT PROGRAM FOR
LEAKING UNDERGROUND STORAGE TANK SITES – AMENDMENT #1
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Fiscal Year 2008, the Michigan Department of Environmental Quality approved the
Oakland County Parks and Recreation Commission application for financial reimbursement from the
Refined Petroleum Fund for the purpose of implementing corrective actions at the Springfield Oaks Golf
Course facility, in the amount not to exceed $50,000 (80/20 match); and
WHEREAS on February 7, 2008, the Board of Commissioners adopted Miscellaneous Resolution
#08025, authorizing the Parks and Recreation Commission to accept $50,000 reimbursement with the
balance of project funds funded by the Parks and Recreation fund; and
WHEREAS MR #08025 approved a budget amendment which increased revenue $18,000 to cover
known cost of soil tests; and
WHEREAS in February of 2008, the Michigan Department of Environmental Quality increased
reimbursements by $14,000 for each site, for a total not to exceed amount of $64,000; and
WHEREAS in FY 2008, a request for reimbursement in the amount of $20,793 was submitted to the State
leaving a balance of $43,207 for FY 2009; and
WHEREAS revised estimated costs for the project are $167,300; and
WHEREAS in FY 2008, $25,583 was expended leaving a balance of $141,717 to be expended in Fiscal
Year 2009; and
WHEREAS the Oakland County Parks and Recreation Commission has sufficient funds available for the
twenty percent (20%) co-pay and the additional costs associated with the corrective actions, which
amounts to $103,300 for Fiscal Years 2008 and 2009; and
WHEREAS on December 10, 2008, the Oakland County Parks and Recreation Commission approved the
$14,000 increase and also approved a related budget amendment to the FY 2009 Parks and Recreation
Fund; 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 Oakland County Board of Commissioners authorizes the
Parks and Recreation Commission to receive a $14,000 increase in reimbursement from the Michigan
Department of Environmental Quality for each site for a total not to exceed $64,000.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant Review Sign Off – Parks & Recreation, Springfield Oaks Golf Course Location Map and
Correspondence from Robert Reisner regarding Refined Petroleum Fund Temporary Reimbursement
Program (TRP) Extension of Time Allowed to Complete Work and Submit Work Invoices on file in County
Clerk’s office.
Commissioners Minutes Continued. March 5, 2009
105
FISCAL NOTE (MISC. #09041)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - GRANT ACCEPTANCE OF AN INCREASE TO
THE FINANCIAL REIMBURSEMENT FROM MICHIGAN DEPARTMENT OF ENVIRONMENTAL
QUALITY REFINED PETROLEUM FUND - TEMPORARY REIMBURSEMENT PROGRAM FOR
LEAKING UNDERGROUND STORAGE TANK SITES – AMENDMENT #1
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. Current total revised estimated costs to complete the project are $167,300. In Fiscal Year 2008,
$25,583 was expended leaving a balance of $141,717 to be expended in FY 2009.
2. The Oakland County Parks and Recreation Commission has sufficient funds available for the
twenty percent (20%) co-pay and the additional costs associated with the corrective actions.
3. Since total approved reimbursement is $64,000 and $20,793 has been received, the FY 2009
Parks and Recreation Commission budget should reflect balance of funds available for
reimbursement of $43,207.
4. A budget amendment is recommended to the FY 2009 budget as follows:
PARKS AND RECREATION FUND (#50800)
Revenues
5060330-160010-650104 Springfield Oaks GC Contributions Operating $ 43,207
Total Revenues $ 43,207
Expenditures
5060330-160010-730814 Springfield Oaks GC Grounds Maintenance $ 141,717
5060201-160000-730359 Parks and Recreation - Contingency $( 98,510)
Total Expenditures $ 43,207
FINANCE COMMITTEE
(The vote for this motion appears on page 108.)
*REPORT (MISC. #09023)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE - CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES
IN THE CHARTER TOWNSHIP OF LYON - 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09023 on February 25, 2009 reports with the
recommendation the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #09023
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN
THE CHARTER TOWNSHIP OF LYON - 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Charter Township of Lyon has contracted with the Oakland County Sheriff's Department
to provide law enforcement services for the City (M.R. #08249); and
WHEREAS paragraph 24 of this Contract provided that an amendment to this Contract must be approved
by concurrent resolutions of both the Oakland County Board of Commissioners and the Lyon Township
Board; and
WHEREAS the Charter Township of Lyon has approved a proposed amendment to the contract
(Schedule A Deputies Contracted) which would add two (2) Deputy II (no-fill) bringing the total number of
Deputy II (no-fill) to twelve (12) and the total number of contracts to fifteen (15); and
Commissioners Minutes Continued. March 5, 2009
106
WHEREAS the Sheriff has agreed to add two (2) Deputy II (no-fill) for the Charter Township of Lyon
under the terms of this contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an
amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's
Department 2009 Law Enforcement Services Agreement with the Charter Township of Lyon to add two
Deputy II (no-fill).
BE IT FURTHER RESOLVED that two (2) Deputy II positions be created in the contracted patrol unit
Lyon Township, Patrol Services Division, Sheriff’s Department.
BE IT FURTHER RESOLVED that this amendment will take effect on March 7, 2009.
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 2009 Sheriff’s Deputies Contracted for and to be Assigned to
Municipality on file in County Clerk’s office.
FISCAL NOTE (MISC. #09023)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE - CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN
THE CHARTER TOWNSHIP OF LYON - 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Charter Township of Lyon has approved an amendment to the contract between the Charter
Township of Lyon and the Oakland County Sheriff for law enforcement services for calendar year
2009.
2. This amendment creates two (2) Deputy II position in the Contracted Patrol Unit, Patrol Services
Division, of the Sheriff’s Office, effective March 7, 2009.
3. This amendment brings the total number of Deputy II (no-fill) to twelve (12) and the total number
of contracts to fifteen (15).
4. Operating revenues and expenses will be increased by $122,554 for the remainder of Fiscal Year
2009, and $219,752 for Fiscal Year 2010.
5. A budget amendment to the Fiscal Year 2009 and 2010 budgets increasing revenue and
expenses is recommended as follows:
FY 2009 FY 2010
GENERAL FUND #10100
Revenue
4030601-110000-632093 Sheriff Spec. Deputies $122,554 $219,752
Total General Fund Revenue $122,554 $219,752
Expenditures
4030601-116180-702010-40080 Salaries Regular $ 54,699 $ 98,081
4030601-116180-722740-40080 Fringe Benefits $ 30,796 $ 55,220
4030601-110000-777560 Radio Comm. $ 321 $ 576
4030901-110040-750070 Deputy Supplies $ 335 $ 600
4030510-116230-712020 Overtime $ 36,403 $ 65,275
$122,554 $219,752
RADIO COMMUNICATIONS FUND #53600
Revenue
1080310-115150-631071 Leased Equipment $ 321 $ 576
Total Radio Comm. Revenue $ 321 $ 576
Expenditures
1080310-116170-750170 Expendable Equip. $ 321 $ 576
Total Radio Communications Expenditures $ 321 $ 576
Radio Comm.-Estimated Change in Fund Equity $ -0- $ -0-
FINANCE COMMITTEE
Commissioners Minutes Continued. March 5, 2009
107
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09025
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – TO AMEND MR #08250 LAW ENFORCEMENT SERVICES CONTRACT
OVERTIME RATE - JANUARY 1, 2009 THROUGH DECEMBER 31, 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #08250 adopted on November 20, 2008 established the Law
Enforcement Services Contract Overtime Rates for 2009; and
WHEREAS the resolution inadvertently identified the Deputy II overtime rate as $52.80 when it should
have been $62.80; and
WHEREAS Miscellaneous Resolution #08250 adopted on November 20, 2008 established the Law
Enforcement Services Contract rates and contracts, including Schedule C which correctly identifies the
overtime rate for a Deputy II at $62.80; and
WHEREAS by making this correction this will make both resolutions consistent with the contracts.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners establishes the
Deputy II overtime rate at $62.80 per hour for each Deputy II for the period January 1, 2009 to December
31, 2009, for the purpose of providing contracted traffic and security services.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #09025)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE – TO AMEND MR #08250 LAW ENFORCEMENT SERVICES CONTRACT
OVERTIME RATE - JANUARY 1, 2009 THROUGH DECEMBER 31, 2009
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. Miscellaneous Resolution #08250 authorized the establishment of Law Enforcement Services
contract overtime rates for the period January 1, 2009 through December 31, 2009.
2. This resolution corrects typographical error in the resolution correcting the overtime rate for a
Deputy II from $52.80 to $62.80; the Schedule C and contract language states the rate correctly.
3. No budget amendment is necessary to the FY 2009 / FY 2010 Adopted Budget.
FINANCE COMMITTEE
(The vote for this motion appears on page 108.)
*MISCELLANEOUS RESOLUTION #09026
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – USE OF DONATED VEHICLE FOR AUTOMOBILE THEFT
PREVENTION TEAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #08226 the Board of Commissioners authorized the FY 2009
Automobile Theft Prevention Authority Grant Acceptance; and
WHEREAS the Sheriff is in charge of the team which includes Waterford, Hazel Park, Farmington Hills,
West Bloomfield Township Police Departments and the Wayne County Sheriff’s Office; and
WHEREAS the GEICO Insurance Company has donated a vehicle to the Automobile Theft Prevention
Team for use in various undercover operations; and
WHEREAS vehicle is a 1999 Jeep Cherokee; and
WHEREAS the Automobile Theft Prevention Team has a need for such a vehicle; and
WHEREAS the Sheriff has agreed to use forfeiture money to cover any minimum expenses for said
vehicle; and
Commissioners Minutes Continued. March 5, 2009
108
WHEREAS the vehicle would not be replaced except by another donated vehicle and would be assigned
to the Sheriff’s Office Automobile Theft Prevention Team for a bait vehicle, not to be driven on a daily
basis; and
WHEREAS this equipment will be used by the Sheriff's Office to enhance law enforcement efforts in
compliance with state law; and
WHEREAS the estimated expenses are $2,500.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
use of $2,500 from the Sheriff’s Office Law Enforcement Enhancement Account (#10100-4030101-
222430) to fund the expenses for this donated vehicle.
BE IT FURTHER RESOLVED that one (1) donated vehicle be added to the Sheriff’s Office Departmental
vehicle fleet.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #09026)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE – USE OF DONATED VEHICLE FOR AUTOMOBILE THEFT PREVENTION
TEAM
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 GEICO Insurance Company has donated a 1999 Jeep Cherokee to the Oakland County
Sheriff’s Department for use in the Automobile Theft Prevention Authority (ATPA) program to
enhance law enforcement efforts.
2. The Sheriff has agreed to accept this donated vehicle and the one time acquisition cost of $2,500.
3. The vehicle will be added to the Sheriff’s Office Departmental vehicle fleet; to be used in
undercover activities over the remaining life of this vehicle; upon retirement this vehicle will not be
replaced.
4. Funding of $2,500 for operating cost is available in the Sheriff’s forfeiture account 10100-
4030101-112580-222430 Law Enforcement Enhancement Funds.
5. The County agrees to accept this donation; no budget amendment is required to recognize the
donation because the value of the vehicle is $4,000 and is below the $5,000 capitalization
threshold.
6. A budget amendment is recommended to the FY 2009 budget as follows:
GENERAL FUND #10100 FY 2009
Revenues
4030101-112580-670285 Enhancement Funds $2,500
Total Revenues $2,500
Expenditures
4030901-116270-730646 Equipment Maintenance $2,500
Total Expenditures $2,500
FINANCE COMMITTEE
Vote on Consent Agenda:
AYES: Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott,
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).
Commissioners Minutes Continued. March 5, 2009
109
MISCELLANEOUS RESOLUTION #09042
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – REVISION OF ACCESS OAKLAND
MASTER FEE STRUCTURE TO ELIMINATE REDUCED FEE LEVEL FOR TRANSACTIONS OVER
$10,000
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS as provided by Public Act 462 of 1996, Enhanced Access to Public Records Act, the Board of
Commissioners, by approving Miscellaneous Resolution #97165 dated August 14, 1997, adopted the
Oakland County Enhanced Access to Public Records Policy; and
WHEREAS Section 3 (FEES) of the aforementioned policy specifies that, “It is the policy of Oakland
County to charge a reasonable fee for providing enhanced access to a public record”; and
WHEREAS the policy defines “reasonable fee” as a charge calculated to enable recovery, over time, only
those operating expenses directly related to the public body’s provision of enhanced access; and
WHEREAS the policy further specifies that proposed fees shall be presented to and approved by the
Board of Commissioners before they shall be effective with the exception of new and future shopping cart
products; and
WHEREAS the Board of Commissioners, by Miscellaneous Resolution #07121 dated May 24, 2007,
approved the current Master Fee Structure for all Oakland County enhanced access products and
services; and
WHEREAS the Department of Information Technology has agreed to amend the Master Fee Structure to
increase the fees charged for transactions greater than $10,000.00 from 2.00 percent of order to 2.75
percent of order; and
WHEREAS the Department of Information Technology has agreed to amend the Master Fee Structure to
combine the category of transactions of those greater than $10,000.00 with the category of transactions
between $1,000.00 and $9,999.99 that are currently at a fee of 2.75%; and
WHEREAS the modification to the fee structure should create additional revenue to offset fees incurred
over $10,000.00, the specific amount is undetermined at this time due to the varying factor of the volume
of transactions; and
WHEREAS the budget for Enhanced Access Fees already includes an increase based on historical
usage for both FY 2009 and FY 2010 Department of Information Technology Fund; and
WHEREAS the County Executive recommends approval of this resolution.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
revised Access Oakland Master Fee Structure (copy attached) which includes the aforementioned
modifications.
BE IT FURTHER RESOLVED that the Information Technology Fund FY 2009 and FY 2010 Budget
includes an increase in revenue based on anticipated usage and therefore, no budget amendment is
recommended at this time.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Access Oakland Revised Master Fee Structure March 2009, Access Oakland Master Fee
Comparison March 2009, Fees Payed per Transaction Based on Fiscal 2008 Transactions, Proposed
Fees Payed per Transaction Based on Fiscal 2008 Transactions and Fiscal 2008 Transactions over
$10,000.00 on file in County Clerk’s office.
Moved by Middleton supported by Potter the resolution be adopted.
AYES: Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Jacobsen,
McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack,
Bullard. (20)
NAYS: Greimel, Long, Burns. (3)
A sufficient majority having voted in favor, the resolution was adopted.
Commissioners Minutes Continued. March 5, 2009
110
MISCELLANEOUS RESOLUTION #09043
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTEMNT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION -
INTERGOVERNMENTAL AGREEMENT WITH OAKLAND SCHOOLS FOR INFANT TODDLER
ASSESSMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Early On Program, through Oakland Schools, provides early intervention services for
infants and toddlers, birth to three (3) years of age, with developmental delay(s) and/or disabilities, and
their families; and
WHEREAS the Oakland County Department of Health and Human Services/Health Division (OCHD) has
existing capacity and personnel to perform Infant Toddler Developmental Assessments to be used in the
determination of eligibility for the Early On Program; and
WHEREAS Oakland Schools will provide all materials necessary to conduct the assessments; and
WHEREAS Oakland Schools wishes to compensate OCHD for the performance of these assessments up
to a total of $25,000; and
WHEREAS pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., and the
Intergovernmental Contracts between Municipal Corporations Act, 1951 PA 35, MCL 124.1, et seq., the
agreement for provision of the assessments and compensation for the assessments must be an
Intergovernmental Agreement; and
WHEREAS the Oakland County Corporation Counsel has developed the attached Intergovernmental
Agreement which facilitates this transaction.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Intergovernmental Agreement for Infant/Toddler Assessment between the County of Oakland
and Oakland Schools for the period July 1, 2008 through June 30, 2009.
BE IT FURTHER RESOLVED that the future level of service be contingent upon the level of funding for
this program.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of Oakland County and thereby accept and bind Oakland County to the terms and conditions of the
Agreement.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Intergovernmental Agreement for Infant/Toddler Assessment on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE WOMEN’S COMMISSION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered these appointments pursuant to MR #09001, on
February 23, 2009 hereby recommends that Commissioners Marcia Gershenson and Christine Long be
appointed to the Women’s Commission as non-voting, ex-officio members for a two-year term beginning
January 1, 2009 and ending December 31, 2010.
Chairperson, on behalf of the General Government Committee, I move the 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. There were none.
Commissioners Minutes Continued. March 5, 2009
111
Moved by Long supported by Gershenson the appointments of Marcia Gershenson and Christine Long to
the Women’s Commission for a two-year term ending December 31, 2010 be confirmed.
Vote on appointment:
AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen,
Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack,
Bullard, Burns, Capello. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointments of Marcia Gershenson and Christine Long to
the Women’s Commission for a two-year term ending December 31, 2010 were confirmed.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE REGIONAL PARTNERSHIP FOR
SUSTAINABILITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered these appointments pursuant to MR #08202 on
February 23, 2009, hereby recommends that Commissioners Shelley Taub and Jim Nash be appointed to
the Regional Partnership for Sustainability for a three-year period beginning January 1, 2009 and ending
December 31, 2011.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Miscellaneous Resolution #08202 on file in County Clerk’s office.
Moved by Long supported by Schwartz 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. There were none.
Moved by Long supported by Schwartz the appointments of Shelley Taub and Jim Nash to the Regional
Partnership for Sustainability for a three-year term ending December 31, 2011 be confirmed.
Vote on appointment:
AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long,
McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack, Bullard,
Burns, Capello, Coulter. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointments of Shelley Taub and Jim Nash to the
Regional Partnership for Sustainability for a three-year term ending December 31, 2011 were confirmed.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE JURY BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, after receiving a recommendation from the Circuit Court and
considering this appointment on February 23, 2009, hereby recommends that William Axtell be appointed
to the Jury Board for a six-year term retro-active to begin April 30, 2006 and ending May 1, 2012.
Commissioners Minutes Continued. March 5, 2009
112
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Correspondence from Kevin M. Oeffner, Court Administrator, Dennis G. Cowan, Chairman of
Oakland County Republican Party, and Resume of William J. Axtell on file in County Clerk’s office.
Moved by Long supported by Capello 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. There were none.
Moved by Long supported by Capello the appointment of William Axtell to the Jury Board for a six-year
term ending May 1, 2012 be confirmed.
Vote on appointment:
AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray,
Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack, Bullard, Burns,
Capello, Coulter, Douglas. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointment of William Axtell to the Jury Board for a six-
year term ending May 1, 2012 was confirmed.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE CONCEALED WEAPONS
LICENSING BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, after receiving a letter dated January 16, 2009, from the
Prosecuting Attorney stating that she does not desire to be a member of the Concealed Weapons
Licensing Board pursuant to MCL 28.425a(1)(a), and after considering this appointment on February 23,
2009, hereby recommends that Mark Cortis be appointed to the Concealed Weapons Licensing Board for
a four-year term to begin January 1, 2009 and ending December 31, 2012.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Correspondence from Jessica R. Cooper, Prosecuting Attorney, and Application Form for
Appointment to Boards, Committees and Commissions on file in County Clerk’s office.
Moved by Long supported by Runestad 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. There were none.
Moved by Long supported by Runestad the appointment of Mark Cortis to the Concealed Weapons
Licensing Board for a four-year term ending December 31, 2012 be confirmed.
Commissioners Minutes Continued. March 5, 2009
113
Vote on appointment:
AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton,
Nash, Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack, Bullard, Burns, Capello,
Coulter, Douglas, Gershenson. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointment of Mark Cortis to the Concealed Weapons
Licensing Board for a four-year term ending December 31, 2012 was confirmed.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE COMMUNITY MENTAL HEALTH
AUTHORITY BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered these appointments on February 23, 2009,
hereby recommends that the following individuals be appointed to the Community Mental Health Authority
Board for three year terms beginning April 1, 2009 and ending March 31, 2012.
Appointee Seat Designation
Alvin Simmons (Secondary Consumer)
Dr. Steffan Taub (General Public)
Eleanor Rzepecki (General Public)
John Bowker (Working Involvement with Mental Health Services)
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Legal Opinion of Judy Cunningham, Corporation Counsel regarding Incompatibility of Office or
Conflict of Interest, Mental Health Code (Excerpt), Correspondence regarding CMH Board – “Family
Member” or “Primary Consumer” Representation, Segment of Law regarding Board; Establishment;
Appointment of Members, and Application Forms for Appointment to Boards, Committees and
Commissions on file in County Clerk’s office.
Moved by Long supported by Potts the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Discussion followed.
Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none.
Moved by Long supported by Potts the appointments of Alvin Simmons, Dr. Steffan Taub, Eleanor
Rzepecki and John Bowker to the Community Mental Health Authority Board for a three-year term ending
March 31, 2012 be confirmed.
Vote on appointment:
AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash,
Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack, Bullard, Burns, Capello, Coulter,
Douglas, Gershenson, Gingell. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointments of Alvin Simmons, Dr. Steffan Taub, Eleanor
Rzepecki and John Bowker to the Community Mental Health Authority Board for a three-year term ending
March 31, 2012 were confirmed.
Commissioners Minutes Continued. March 5, 2009
114
REPORT (MISC. #09002)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISISONERS – PROFESSIONAL SERVICES CONTRACT FOR
GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on February 23, 2009
recommends that the resolution be amended to insert the following language as the third and fourth BE IT
FURTHER RESOLVED paragraphs:
BE IT FURTHER RESOLVED that Public Affairs Associates, Inc. (PAA) shall report to the General
Government Committee on a quarterly basis.
BE IT FURTHER RESOLVED that a Legislative Study Group will be established consisting of two
members of the majority party and two members of the minority party and the Board of
Commissioners’ Chairperson or designee to provide oversight and direction to PAA.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #09002
BY: Commissioners Bradford C. Jacobsen, District #1, Jeff Potter, District #8
IN RE: BOARD OF COMMISSIONERS – PROFESSIONAL SERVICES CONTRACT FOR
GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #08106 established a Government Relations Consulting Firm
Study Group, comprised of four County Commissioners, to review and evaluate the Request for
Proposals (RFPs), in the event that the Oakland County Board of Commissioners chooses to hire a
government relations consulting firm; and
WHEREAS the Oakland County Purchasing Division sent out notice of the RFP to fifty-three (53)
consulting firms throughout the State of Michigan and gave notification of the bid opportunity on the
Michigan Inter-governmental Trade Network (MINT); and
WHEREAS the county received sixteen (16) proposals, which were reviewed and evaluated by the study
group. Six (6) firms were selected for interviews, which were conducted in November 2008; and
WHEREAS the Government Relations Consulting Firm Study Group has made the recommendation that
Public Affairs Associates, Inc. (PAA), based in Lansing, Michigan, be selected as the government
relations consulting firm by the Oakland County Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes a professional services contract with Public Affairs Associates, Inc. (PAA), as the government
relations consulting firm representing the interests of the Oakland County Board of Commissioners.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes a three (3)
year contract, at a monthly fee of Five Thousand ($5,000) Dollars, unless terminated by the parties.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners, or his designee, is
authorized to execute the professional services contract with Public Affairs Associates, Inc. (PAA), on
behalf of the Board of Commissioners.
Chairperson, we move the adoption of the foregoing resolution.
BRADFORD JACOBSEN, JEFF POTTER, TOM
MIDDLETON
Copy of Memorandum regarding Authorization for a Professional Services Contract for Government
Relations Consulting Firm to Public Affairs Associates, Inc., and Attachments, on file in County Clerk’s
office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. March 5, 2009
115
MISCELLANEOUS RESOLUTION #09044
BY: Commissioners Michael J. Gingell, District #3, and Helaine Zack, District #22
IN RE: BOARD OF COMMISSIONERS – RECOGNIZING MARCH 2009 AS DEVELOPMENTAL
DISABILITIES AWARENESS MONTH IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS each individual has inherent strengths, an infinite capacity to learn, the ability to make
contributions, and to participate in and enhance their local communities; and
WHEREAS people with developmental disabilities in Michigan share these traits with the state’s other ten
million residents and also share the right to live the life they choose as it relates to their education, jobs,
recreation, and homes; and
WHEREAS we recognize the fundamental concepts regarding the rights of individuals with disabilities,
and indeed for all individuals, including: self-determination, independent living, and the opportunity to be
included and fully participate in the social, educational, political, economic, and cultural mainstream of
American society; and
WHEREAS people with developmental disabilities make up nearly two percent of the state’s population;
and
WHEREAS families of people with developmental disabilities are recognized for their caring commitment
and ongoing support that are essential to leading a healthy, independent and productive life; and
WHEREAS celebrating the abilities and contributions of people with developmental disabilities can only
serve to enrich the value of diversity in communities of Michigan, and the County of Oakland; and
WHEREAS the Oakland County Community Mental Health Authority has adopted a proclamation
recognizing March 2009 as Developmental Disabilities Awareness Month.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
declares and recognizes March 2009 as Developmental Disabilities Awareness Month in Oakland
County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins with the Oakland
County Community Mental Health Authority in calling upon our citizens, governmental agencies,
businesses and schools that together unite together to build a culture of reciprocal respect and
opportunity that fosters hope and improved quality of life for each individual.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Community Mental Health Authority.
Chairperson, we move the adoption of the foregoing resolution.
MICHAEL GINGELL, HELAINE ZACK,
CHRISTINE LONG, BILL BULLARD,
BRADFORD JACOBSEN, TOM MIDDLETON,
SUE ANN DOUGLAS, ROBERT GOSSELIN,
JANET JACKSON, TIM BURNS, JOHN SCOTT,
TIM GREIMEL, JEFF POTTER, DAVID
COULTER, DAVID POTTS, STEVEN
SCHWARTZ, JIM RUNESTAD, JIM NASH, KIM
CAPELLO, GARY McGILLIVRAY, MARCIA
GERSHENSON, MATTIE HATCHETT
Moved by Gingell supported by Zack to suspend the rules and vote on MISCELLANEOUS RESOLUTION
#09044 - BOARD OF COMMISSIONERS – RECOGNIZING MARCH 2009 AS DEVELOPMENTAL
DISABILITIES AWARENESS MONTH IN OAKLAND COUNTY.
Vote on motion to suspend the rules:
AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas,
Gershenson, Gingell, Gosselin. (23)
NAYS: None. (0)
Commissioners Minutes Continued. March 5, 2009
116
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09044 - BOARD OF COMMISSIONERS – RECOGNIZING MARCH
2009 AS DEVELOPMENTAL DISABILITIES AWARENESS MONTH IN OAKLAND COUNTY carried.
Moved by Zack supported by Gingell the resolution be adopted.
AYES: Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas,
Gershenson, Gingell, Gosselin, Greimel. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09045
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2009 WAGE & BENEFIT REOPENER
AND ONE YEAR CONTRACT EXTENSION OF THE LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Oakland County Employees Union (O.C.E.U.), have been
negotiating a contract covering approximately 347 employees; and
WHEREAS a wage and benefit re-opener and one year contract extension has been reached for the
period October 1, 2008, through September 30, 2010, and said agreement has been reduced to writing;
and
WHEREAS this agreement provides for a 1% increase for Fiscal Year 2009; and a wage re-opener for
Fiscal Year 2010; and
WHEREAS this agreement provides for the health benefit contribution increases for 2009, provided for in
Miscellaneous Resolution #07216; and a benefit re-opener for 2010; and
WHEREAS the agreement has been reviewed by your Human Resources Committee, which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and the Oakland County Employees Union, covering the
period of October 1, 2008, through September 30, 2010, and that the Board Chairperson on behalf of the
County of Oakland, is authorized to execute said agreement as attached.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
Copy of Summary of Agreement between Oakland County and Oakland County Employees Union FY
2009 Wage and Benefit Reopener and a One Year Contract Extension on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09046
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 1st QUARTERLY
REPORT FOR FY 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1
- 21 provides a process for departments and employees to request a review of the salary grade
placement of classifications; and
WHEREAS the 1st Quarterly Report for FY 2009 identifies the job studies conducted and the salary grade
changes recommended by the Human Resources Department after completion of this review process;
and
Commissioners Minutes Continued. March 5, 2009
117
WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary
grade changes resulting from this Salary Administration Quarterly Report recommendations; and
WHEREAS funding is available through the Printing Fund to implement salary grade changes resulting
from recommended Proprietary salary grade changes.
NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes
implementation of the Salary Administration Plan 1st Quarterly Report for FY 2009, which includes the
following classification changes:
Salary Grade
Classification From To Position Number
Printing Equipment Operator III 9 10 1030830-01619
Small Business Assistant retitle to Small Business Analyst 7 9 1090205-01345
Parks & Recreation Project Advisor retitle to Project Advisor -- -- 5060101-10746
5060101-10747
5060101-10748
5060101-10749
Parks & Recreation Public Information Supervisor retitle to
Parks & Recreation Communications Supervisor 13 13 5060101-02508
Public Communications Assistant retitle to Communications &
Marketing Assistant 9 9 5060101-05404
5060101-07106
5060101-07884
Marketing Assistant retitle to Communications & Marketing
Assistant 9 9 --
BE IT FURTHER RESOLVED that the following unused classification title be deleted:
Senior Financial Analyst
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections
MISCELLANEOUS RESOLUTION #09047
BY: Human Resources, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – CHANGE TO MERIT RULE 1, 2, 3, 4, 5, 6, 10A, 11,
12, 13, 18, 21, 22 and 23
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Merit Rule Book is the County employee handbook; and
WHEREAS several Merit Rules need to be updated due to the changes in the Merit System Resolution
passed by the electorate of Oakland County on November 4, 2008, changes in Federal Law regarding the
Family Medical Leave Act, Personnel Committee was retitiled to the Human Resources Committee, and
current County procedures; and
WHEREAS the Merit Rules have been reviewed and it has been determined that changes are necessary
to Rules 1, 2, 3, 4, 5, 6, 10A, 11, 12, 13, 21, 22, and 23; and
WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes in the rules
and regulations of the Merit System shall be submitted to the Board of Commissioners at a regular
meeting of the Board and shall become effective thirty (30) days after such meeting unless an objection is
received in writing by the Chairperson of the Board of Commissioners, in which case objection shall
become a matter of business at the next meeting of the Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes that
the reading and distribution of this notice and copy of the proposed change to Merit Rule 1, 2, 3, 4, 5, 6,
10A, 11, 12, 13, 18, 21, 22, and 23 to all Commissioners present and absent, is considered as the official
submission to the Board of Commissioners of the described changes in Merit Rule 1, 2, 3, 4, 5, 6, 10A,
11, 12, 13, 18, 21, 22, and 23.
BE IT FURTHER RESOLVED that changes to the Merit Rules be cross referenced by the appropriate
Board of Commissioners' Resolution number authorizing such change.
Commissioners Minutes Continued. March 5, 2009
118
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
Copy of Correspondence regarding Merit Rule Changes on file in County Clerk’s office.
The Chairperson stated the resolution be laid over for 30 days until the April 23, 2009, Board meeting.
There were no objections.
MISCELLANEOUS RESOLUTION #09048
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/THE OAKLAND COUNTY AIRPORT –
REQUEST TO GRANT A WATER MAIN EASEMENT TO THE CHARTER TOWNSHIP OF
WATERFORD, OAKLAND COUNTY INTERNATIONAL AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of the Oakland County International Airport located in the
Waterford Township; and
WHEREAS the Oakland County Airport Committee has received a request to grant an easement for a
water main in the south central area of the Oakland County International Airport from Realty Management
Partners, Inc.; and
WHEREAS granting the easement would allow Realty Management to complete its new medical building
project, provide for better fire protection in the area and provide a new section of water main to better
serve the south central area of the airport including the site of the proposed new terminal building. All
construction related costs would be bourn by Realty Management Partners; and
WHEREAS the Oakland County Aviation staff and the Waterford Township Engineering staff have agreed
upon a route for the said water main; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached water main easement to the Charter Township of
Waterford for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement for water main and all other related documents
which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Request to Grant Water Main Easement to the Charter Township of Waterford Oakland County
International Airport on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09049
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE
RESOURCE MANAGEMENT – APPROVAL OF 2009 NO HAZ INTERLOCAL AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County and its northern municipalities are committed to protection of the natural
environment and preventing toxic materials from entering our waterways and landfill resources; and
WHEREAS the improper handling and disposal of toxic and poisonous household chemicals poses a
health risk to our citizens; and
WHEREAS recognizing there is a need to provide regular and easily accessible household hazardous
waste collection services to North Oakland residents; and
Commissioners Minutes Continued. March 5, 2009
119
WHEREAS collection events for household hazardous waste are widely accepted as the best way to
provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, meet
Phase II Stormwater Protection requirements, encourage pollution prevention and enhance
environmental health and safety in the home; and
WHEREAS Oakland County, through its Waste Resource Management Division has facilitated the
creation of the North Oakland Household Hazardous Waste Consortium (NO HAZ), and
WHEREAS participating municipalities in North Oakland County have appointed an official representative
to the NO HAZ Consortium Board; and
WHEREAS the NO HAZ Consortium has developed a household hazardous waste collection program;
and
WHEREAS the municipalities recognize and agree that absent an agreement with the County, the County
has no obligation to facilitate such a program; and
WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement
between the County and a number of municipalities in North Oakland County for the creation of a
program to collect household hazardous waste; and
WHEREAS the following municipalities have approved the Interlocal Agreement: Addison Township,
Commerce Township, Groveland Township, City of Lake Angelus, Oakland Township, Oxford Township,
Orion Township, City of Rochester, City of Rochester Hills, Waterford Township, White Lake Township;
and
WHEREAS the Interlocal Agreement requires participating municipalities to fully reimburse the County for
all costs it incurs in connection with the NO HAZ program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the
Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in
support thereof.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of North Oakland County Household Hazardous Waste Interlocal Agreement on file in County
Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09050
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION –
REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE OAKLAND COUNTY
CONSERVATION DISTRICT FOR USE OF OFFICE SPACE BUILDING E, SPRINGFIELD OAKS
COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Springfield Oaks County Park; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accepts and
approves the terms and conditions of the attached Lease Agreement between the County of Oakland and
the Oakland County Conservation District, a non-profit organization; and
WHEREAS under the terms and conditions of the attached Lease Agreement, the Oakland County
Conservation District will occupy office number 3 of Building E located at 12451 Andersonville Road,
Davisburg, Michigan for a period of one year. Rent will be $175.00 per month or $2,100 per year and is
inclusive of all building and site maintenance, utilities, trash removal, snow and ice removal. The lease
will be automatically renewed for one additional one-year term upon expiration of the initial term. The
lease may be terminated by either party for any reason; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement.
Commissioners Minutes Continued. March 5, 2009
120
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement for office space at 12451 Andersonville Road, Building E,
Davisburg, Michigan between the County of Oakland and Oakland County Conservation District, a non-
profit organization.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs it’s
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and the Oakland County Conservation District, a non-profit organization,
which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Building Lease on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09051
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION –
REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE OAKLAND COUNTY 4-H FAIR
ASSOCIATION FOR USE OF BUILDING E/ADMINISTRATION BUILDING, SPRINGFIELD OAKS
COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Springfield Oaks County Park; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accepts and
approves the terms and conditions of the attached Lease Agreement between the County of Oakland and
the Oakland County 4-H Fair Association, a non-profit organization; and
WHEREAS under the terms and conditions of the attached Lease Agreement, the Oakland County 4-H
Fair Association will occupy Building E located at 12451 Andersonville Road, Davisburg, Michigan for a
period of one year. In recognition of the prior capital investment of the 4-H Fair Association and the
Association’s commitment to pay utilities of approximately $55,000 a year, which equates to the
equivalent of rent at $10 a square foot, rent will not be paid, but tenant shall pay utilities for buildings and
grounds located at 12451 Andersonville Road, Davisburg, Michigan, 48530, including Building E, the Ellis
Barn, the Oaks Barn, the Miracle of Birth, the Septic System, the new Campground (2007), the
Fairground Pit, and the parking lights in the field. Utilities shall include electrical services, telephone and
fax service, internet service, gas (natural and propane) services, and water services. The lease will be
automatically renewed for four additional one-year terms upon expiration of the initial term. The lease
may be terminated by either party for any reason; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement for Building E/Administration Building at 12451 Andersonville
Road, Davisburg, Michigan between the County of Oakland and Oakland County 4-H Fair Association, a
non-profit organization.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and the Oakland County 4-H Fair Association, a non-profit organization,
which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Building Lease Between Oakland County and Oakland County 4-H Fair Association on file in
County Clerk’s office.
Commissioners Minutes Continued. March 5, 2009
121
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #09024)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT EXTENSION FOR PRIVATE FOOD SERVICE VENDOR
THROUGH 2012
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09024 on February 25, 2009 reports with the
recommendation the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #09024
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE - CONTRACT EXTENSION FOR PRIVATE FOOD SERVICE VENDOR
THROUGH 2012
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff requested that the County Purchasing Division send out a Request for Proposal
(RFP) to have a private company operate the food service operation within the Sheriff’s Department; and
WHEREAS proposals were received and evaluated, and the lowest bidder was approved as an
acceptable vendor; and
WHEREAS Corporation Counsel in conjunction with Purchasing and the Sheriff’s Department, and per
the direction of Miscellaneous Resolution #00163, contracted with ARAMARK CORRECTIONAL
SERVICES, INC; and
WHEREAS the contract was for three (3) years with a start date of August 19, 2000; and
WHEREAS Miscellaneous Resolution #02025 extended this contract through August of 2006; and
WHEREAS Miscellaneous Resolution #05304 extended this contract through August of 2009; and
WHEREAS the budget task for 2010 and beyond for the Sheriff is a formidable one; and
WHEREAS ARAMARK has offered to save the Sheriff’s Office an estimated $270,000 per year if the
County agrees to extend the contract for three (3) years; and
WHEREAS ARAMARK has agreed to maintain the current price per meal effective on August 19, 2008
and to hold that price till August 19, 2009 and to cap the increase for second year at CPI or 3%, and CPI
or 5% for the third year; and
WHEREAS ARAMARK will assume the operations of the Commissary for the Sheriff, which has been an
in house operation for over 30 years; and
WHEREAS ARAMARK will continue to fund two (2) Library Technicians and one (1) Account Clerk II
position as the Commissary did; and
WHEREAS ARAMARK will continue to fund an estimated $65,000 annually for indigent inmates and
reimbursement to the county for inmate welfare items; and
WHEREAS ARAMARK will make payments of $15,000 a month to the County as long as the eligible
inmate population stays above 1,600 and should commissary revenues exceed $1,665,500 by 10%
annually, ARAMARK would negotiate a higher percentage of revenue to the County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached proposal with ARAMARK CORRECTIONAL SERVICES, INC., to extend the current professional
services contract for three (3) years.
BE IT FURTHER RESOLVED that the funding of the positions listed below be changed from Proprietary
to General Fund/General Purpose effective March 14, 2009:
Position Classification
4030205-05610 Library Technician I
4030205-06702 Jail Library Technician
4030201-06595 Account Clerk II
BE IT FURTHER RESOLVED that the positions in the Jail Commissary Unit (4030205) be deleted
effective March 14, 2009 as follows:
Commissioners Minutes Continued. March 5, 2009
122
Position Classification
00825 Materials Management Clerk
05609 Materials Management Clerk
06600 Materials Management Clerk
07401 Commissary Supervisor
06599 Materials Management Clerk
05977 Office Assistant I
05339 Student
05340 Student
BE IT FURTHER RESOLVED that funding and continuation of positions to be contingent upon contract
renewal and available funding.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of correspondence regarding Inmate Commissary Program for the Sheriff’s Office/County Jail on file
in County Clerk’s office.
FISCAL NOTE (MISC. #09024)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT EXTENSION FOR PRIVATE FOOD SERVICE VENDOR
THROUGH 2012
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Resolution authorizes a three year extension of contract with ARAMARK Correctional Services to
operate the Commissary for the Sheriff’s Department and close out the Jail Commissary Fund.
2. The terms of the contract are extended through August 29, 2012 with proposed savings to the
Sheriff’s Office of $270,000 per year.
3. Funding for this action is made available by closing out the Jail Commissary Fund, deleting eight
(8) positions (#’s 00825, 05609, 06600, 07041, 06599, 05977, 05339, and 05340) and
transferring three positions (#’s 05610, 06702, and 06599) from the Jail Commissary Fund to the
Sheriff’s General Fund/General Purpose budget.
4. This action becomes effective March 14, 2009, at which point the FY 2009 and 2010 Jail
Commissary Fund budget will be reduced to zero; and vehicle number 047080 (Savannah 2500
van) will be turned in to the Motor Pool for disposition.
5. The Sheriff’s Office General Fund/General Purpose budget will be amended to recognize monthly
revenue sharing of $15,000 per month or $180,000 per year; plus a yearly fixed annual payment
from ARAMARK of $195,000 for position reimbursement revenues; and yearly revenue of
$65,000 for Recovered Indigent Monies; the net yearly revenues and expenses are offset against
the Sheriff Department’s Budget Task in the amount of $195,650.
6. A budget amendment is recommended for FY 2009 and FY 2010 budgets as follows:
FY 2009 FY 2010
JAIL COMMISSARY FUND #59600
Revenues
4030201-112650-631253 Miscellaneous ($ 16,000) ($ 32,000)
4030201-112650-631715 Recov Indigent Mon ( 8,000) ( 16,000)
4030201-112650-632023 Sales ( 703,935) ( 1,408,097)
Total Revenues ($727,935) ($1,456,097)
Expenditures
4030201-112650-702010 Salary ($167,913) ($ 335,825)
4030201-112650-722740 Fringe Benefits ( 85,175) ( 170,349)
4030201-112650-730926 Indirect Cost ( 16,223) ( 32,446)
4030201-112650-731101 Library Continuation ( 7,500) ( 15,000)
4030201-112650-731668 Sales Tax ( 10,000) ( 20,000)
4030201-112650-750252 Indigent Orders ( 13,000) ( 26,000)
Commissioners Minutes Continued. March 5, 2009
123
4030201-112650-750266 Inmate Rec Supplies ( 6,000) ( 12,000)
4030201-112650-750385 Merchandise ( 380,000) ( 760,000)
4030201-112650-730399 Office Supplies ( 200) ( 400)
4030201-112650-750448 Postage – Stand Mail ( 1,500) ( 3,000)
4030201-112650-750462 Provisions ( 2,000) ( 4,000)
4030201-112650-774677 Insurance Fund ( 1,285) ( 2,570)
4030201-112650-775667 Mail Room ( 2,135) ( 4,497)
4030201-112650-775754 Maint Dept Chgs ( 2,000) ( 4,000)
4030201-112650-776659 Motor Pool Fuel Chg ( 526) ( 1,052)
4030201-112650-776661 Motor Pool ( 2,597) ( 5,194)
4030201-112650-980000 Change Fund Equity ( 5,881) ( 59,764)
Total Expenses ($727,935) ($1,456,097)
GENERAL FUND #10100
Revenues
4030201-112650-631827 Reimburse General $ 90,000 $ 180,000
4030201-112650-631715 Recovered Indigent 32,500 65,000
4030101-112650-631869 Reimburse Salaries 97,500 195,000
Total General Fund Revenue $220,000 $440,000
Expenditures
4030201-112650-702010 Salary $ 57,374 $ 114,747
4030201-112650-722740 Fringe Benefits 32,302 64,603
4030201-112650-731101 Library Continuat. 7,500 15,000
4030201-112650-750252 Indigent Orders 15,000 30,000
4030201-112650-750266 Inmate Rec. Supplies 7,500 15,000
4030201-112650-750448 Postage Stand. Mail 2,500 5,000
4030101-112650-740023 Budget Transition 97,824 195,650
Total General Fund Expenditures $220,000 $ 440,000
FINANCE COMMITTEE
Moved by Potter supported by Jacobsen the resolution (with fiscal note attached) be adopted.
Moved by Potter supported by Jacobsen the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution:
AYES: Jackson, Jacobsen, Long, McGillivray, Middleton, Potter, Potts, Runestad, Scott, Bullard,
Burns, Capello, Coulter, Douglas, Gingell, Gosselin, Hatchett. (17)
NAYS: Nash, Schwartz, Woodward, Zack, Gershenson, Greimel. (6)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #09052
BY: Commissioner Steven H. Schwartz District #14
IN RE: BOARD OF COMMISSIONERS – FREEZING COUNTY MILLAGE RATE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners has the responsibility of setting the millage rate for Oakland
County; and
WHEREAS establishing a millage rate will allow the County’s financial administrators to better plan for the
future; and
WHEREAS Oakland County currently has a millage rate of 4.19 mills, for fiscal year 2009 - 2010; and
WHEREAS freezing the County millage rate at 4.19 mills for fiscal years 2010 - 2011 and 2011 - 2012 will
encourage businesses in Oakland County to expand their workforces and physical plants; and
WHEREAS freezing the County millage rate for two years will send a signal to the international business
community that Oakland County is a good place to invest and grow a business; and
Commissioners Minutes Continued. March 5, 2009
124
WHEREAS freezing the County millage rate for two years will provide homeowners some tax relief during
difficult economic times.
NOW THEREFORE BE IT RESOLVED that the Oakland County Commission intends to freeze its millage
rate at 4.19 mills through fiscal year 2011 - 2012.
Chairperson, we move the foregoing resolution.
STEVEN SCHWARTZ, TIM GREIMEL, JIM
NASH, MARCIA GERSHENSON, HELAINE
ZACK, DAVID WOODWARD, GARY
McGILLIVRAY, TOM MIDDLETON, JANET
JACKSON, BRADFORD JACOBSEN, ROBERT
GOSSELIN, DAVID POTTS, KIM CAPELLO,
MICHAEL GINGELL
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09053
BY: Commissioner Steven H. Schwartz, District #14
IN RE: BOARD OF COMMISSIONERS – ENCOURAGE CONSOLIDATION AND SHARED SERVICES
BETWEEN GOVERNMENTAL ENTITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there are 61 independent municipalities in Oakland County, in addition to dozens of school
districts and numerous other governmental entities; and
WHEREAS many of these governmental entities, as well as Oakland County, are facing and will face
substantial financial challenges due to reductions in property tax and other revenues, as well as rapidly
escalating costs; and
WHEREAS Oakland County performs many functions similar to those performed by the municipalities and
other governmental entities within Oakland County; and
WHEREAS it will be necessary for Oakland County, its municipalities and other governmental entities to
find different ways to provide public services, given their common financial challenges; and
WHEREAS sharing of services will eliminate unnecessary administrative duplication, preserve jobs and
provide more efficient public services.
NOW THEREFORE BE IT RESOLVED that Oakland County adopts a policy of encouraging its
municipalities and other governmental entities to consolidate public services by sharing personnel,
facilities and equipment with the County or other governmental entities.
BE IT FURTHER RESOLVED that Oakland County adopts a policy of sharing services on a cost-neutral
basis with any other public entity that chooses to enter into such a consolidation.
BE IT FURTHER RESOLVED that Oakland County adopts a policy of hiring the current, qualified
employees from other governmental entities, who are affected by consolidation of services, at least at
their current compensation levels, to the extent practicable.
Chairperson, we move the foregoing resolution.
STEVEN SCHWARTZ, HELAINE ZACK, TIM GRIEMEL,
GARY McGILLIVRAY, JIM NASH, JANET JACKSON,
MARCIA GERSHENSON, ROBERT GOSSELIN, DAVID
WOODWARD, KIM CAPELLO, MICHAEL GINGELL,
BILL BULLARD, BRADFORD JACOBSEN, TOM
MIDDLETON
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Commissioners Minutes Continued. March 5, 2009
125
MISCELLANEOUS RESOLUTION #09054
BY: Commissioners Jim Nash, Tim Burns, Eric Coleman, David Coulter, Marcia Gershenson, Tim
Greimel, Mattie McKinney Hatchett, Janet Jackson, Gary R. McGillivray, Steven H. Schwartz, Dave
Woodward, Helaine Zack
IN RE: BOARD OF COMMISSIONERS – URGING OAKLAND COUNTY TO PARTICIPATE IN THE
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners adopted Miscellaneous Resolution #08059 in support of the
passage of the Energy Efficiency and Conservation Block Grant (EECBG) Program, as authorized in the
Energy Independence and Security Act of 2007, which is to provide funding to support community-based,
grass-roots actions to reduce our overdependence on foreign energy sources and further ongoing local
climate protection efforts; and
WHEREAS the Energy Efficiency and Conservation Block Grant (EECBG) Program, as authorized in the
Energy Independence and Security Act of 2007, is a key component to responding to this crisis by
making our county more energy efficient and energy independent, and strengthening our economy; and
WHEREAS the EECBG program will help form a new partnership between cities, counties, and states to
address our energy challenges, including: reducing energy use, increasing energy efficiency and curbing
greenhouse gas emissions; and
WHEREAS the EECBG provides a unique opportunity to expand on the success of local initiatives to
increase energy efficiency, expand renewable energy supplies, and facilitate new employment
opportunities; and
WHEREAS the EECBG will assist local government units in implementing energy and conservation
strategies to: (a) reduce fossil fuel emissions created as a result of activities within their jurisdiction; (b)
reduce energy use; (c) improve energy efficiency in the transportation, building and other appropriate
sectors; and (d) provide long-term cost savings to government, business and residents; and
WHEREAS the EECBG will be helpful to Oakland County in developing and implementing an energy
efficiency and conservation strategy and in retaining technical consultant services to assist in the
development of such a strategy; and
WHEREAS the law ensures that these resources are results-oriented, with recipients being required to
report each year to the Department of Energy Secretary on the implementation of the Energy Efficiency
and Conservation Strategy and on their local energy efficiency gains.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports participating in and seeking funding through the Energy Efficiency and Conservation Block Grant
(EECBG) Program.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges Oakland County’s
countywide officials to explore opportunities to use these funds to participate in implementing efficiency
and conservation strategies for their departments and in partnership with local cities, villages and
townships throughout Oakland County and other counties in the region.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Oakland County Executive L. Brooks Patterson, Oakland County Clerk/Register of
Deeds Ruth Johnson, Oakland County Prosecutor Jessica Cooper, Oakland County Water Resource
Commissioner John P. McCulloch, Oakland County Sheriff Michael Bouchard and Oakland County
Treasurer Andy Meisner.
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, MARCIA GERSHENSON, MATTIE
HATCHETT, GARY MCGILLIVRAY, DAVE
WOODWARD, BRAD JACOBSEN, KIM
CAPELLO, DAVID POTTS, TIM BURNS, DAVID
COULTER, TIM GREIMEL, JANET JACKSON,
STEVEN SCHWARTZ, HELAINE ZACK, BILL
BULLARD, MICHAEL GINGELL, JEFF POTTER
The Chairperson referred the resolution to the General Government Committee.
Commissioner Long objected.
Commissioners Minutes Continued. March 5, 2009
126
Discussion followed.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09055
BY: Commissioners Helaine Zack, Bradford Jacobsen, Marcia Gershenson
IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF THE NEEDS ASSESSMENT
AND COLLABORATIVE STRATEGIC PLAN FOR OAKLAND COUNTY’S “SILVER TSUNAMI” – OUR
AGING POPULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the first Baby Boomers, who were born between 1946 and 1964, began qualifying for Social
Security retirement benefits in 2008. This has been referred to as the “Silver Tsunami” that is about to hit
Oakland County; and
WHEREAS it is projected that Oakland County will experience an unprecedented older adult population
growth, and the number of seniors will double by 2030; and
WHEREAS it is anticipated that by 2020, 29 of Oakland County’s 61 communities will have more seniors
over age 65 than school-age children; and
WHEREAS surveys indicate that 59% of Baby Boomers plan to relocate in their retirement years. This
could be a devastating loss to local communities, Oakland County, our region, and the state of Michigan;
and
WHEREAS according to the U.S. Census Bureau, the median annual income for an Oakland County
householder age 65 and older in 2007 was $40,598, most of which is income from Social Security, a
pension, or investment earnings that are imported into our local economy; and on average seniors spent
92% of this $5.5 billion; and
WHEREAS it is incumbent upon community leaders to be proactive in addressing this impending senior
population boom by being prepared to provide services and create conditions that will encourage older
adults to remain in and relocate to Oakland County and our region; and
WHEREAS the directors of Oakland County agencies that provide senior services, along with business,
community and government leaders, have agreed there is a need to identify current and future older adult
needs and unmet needs, evaluate the effectiveness of the existing aging services delivery system, and
create a vision of healthy aging Oakland County in the future; and
WHEREAS Oakland County agencies and business leaders, with leadership from the Aging and the Area
Agency on Aging 1-B, and United Way of Southeastern Michigan, are willing to work in a collaborative
manner to produce a strategic plan to identify current and future senior needs and unmet needs, and
create a vision for healthy and prosperous aging for Oakland County with the input of County
Commissioners, consumers, elected officials, business leaders, and other stakeholders; and
WHEREAS such a plan can be produced without a cost to Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners endorses the
efforts of aging service organizations, with consumers, elected officials, business leaders, and other
stakeholders, to develop a strength and needs assessment of the Oakland County Aging population
which includes findings, conclusions, and consensus recommendations for the enhancement of the
business climate, quality of life, and health and social services safety net for older Oakland County
residents, as well as support services for their families and caregivers.
BE IT FURTHER RESOLVED that the findings and any recommendations of the Needs Assessment and
Collaborative Strategic Plan for Oakland County’s “Silver Tsunami” – Our Aging Population shall be
reported to the General Government Committee and the Oakland County Board of Commissioners.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to County Executive L. Brooks Patterson, George Miller (Director of Oakland County’s
Health and Human Services Department), the Area Agency on Aging, the Oakland Livingston Human
Services Agency and United Way.
Chairperson, we move the adoption of the above-referenced resolution.
HELAINE ZACK, BRADFORD JACOBSEN,
DAVID COULTER, JIM NASH, STEVEN
SCHWARTZ, GARY MCGILLIVRAY, DAVID
POTTS, KIM CAPELLO, TOM MIDDLETON,
Commissioners Minutes Continued. March 5, 2009
127
MATTIE HATCHETT, MARCIA GERSHENSON,
DAVE WOODWARD, TIM GREIMEL, JANET
JACKSON, JEFF POTTER, MICHAEL
GINGELL, BILL BULLARD
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09056
BY: Commissioner David Woodward, District #18, Kim T. Capello, District #9
IN RE: BOARD OF COMMISSIONERS – OAKLAND MICROLOAN STUDY GROUP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the credit crisis facing our nation has put increasing pressure on the ability of start-up small
business to gain access to capital, as well as impairing the ability of existing small business to acquire
loans to grow their business; and
WHEREAS the U.S. Small Business Administration (SBA) was created in 1953 as an independent
agency of the federal government to aid, counsel, assist and protect the interests of small business
concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of
our nation; and
WHEREAS the SBA provides support s for numerous programs to help grow small businesses; and
WHEREAS the SBA Microloan Program provides very small loans to start-up, newly established, or
growing small business; and
WHEREAS the SBA makes funds available to nonprofit community based leaders (intermediaries) which,
in turn, make loans available to eligible borrowers in amounts up to a maximum of $35,000; and
WHEREAS eligible intermediary may be a quasi-governmental economic development corporation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners creates the
Oakland Microloan Study Group to explore the feasibility of developing and implementing a Microloan
Program in Oakland County.
BE IT FURTHER RESOLVED that the Oakland Microloan Study Group consists of the following:
• The Chair of the BOC’s Finance Committee
• The Minority Vice-Chair of the BOC’s Finance Committee
• Another County Commissioner from the Majority Party
• Another County Commissioner from the Minority Party
• A designee of the County Executive
• A designee of the County Treasurer
• A designee from the Oakland County Economic Development Corporation
BE IT FURTHER RESOLVED that the Oakland Microloan Study Group shall issue a report on its findings
and recommendations to the Finance Committee six months after the adoption of this resolution.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Executive, Oakland County Treasurer and Oakland County
Economic Development Corporation.
Chairperson, we move the adoption of the foregoing resolution.
DAVE WOODWARD, KIM CAPELLO, MARCIA
GERSHENSON, JIM NASH, TIMOTHY
GREIMEL, GARY MCGILLIVRAY, STEVEN
SCHWARTZ, HELAINE ZACK, JANET
JACKSON, DAVID COULTER, TIM BURNS,
MATTIE HATCHETT
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. March 5, 2009
128
MISCELLANEOUS RESOLUTION #09057
By: Sue Ann Douglas, District #12
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY MILLAGE RATE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners is required by State law to set the County
millage rate annually; and
WHEREAS the Oakland County Board of Commissioners has lowered the millage rate 3 times over the
last 15 years; and
WHEREAS the millage rate has remained at 4.19 mills for the past 15 years; and
WHEREAS the Oakland County Board of Commissioners has not discussed raising the Oakland County
Millage rate for decades; and
WHEREAS the Oakland County Board of Commissioners respects the need for business to have low
taxes in order to create jobs, grow and prosper.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners is committed to
the principle of low taxes and promoting healthy business growth.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners is committed to lower
property taxes again when economic conditions permit.
Chairperson, we move adoption of the foregoing resolution.
SUE ANN DOUGLAS, JOHN SCOTT, BRAD
JACOBSEN, DAVID POTTS, KIM CAPELLO,
ROBERT GOSSELIN, CHRISTINE LONG, JEFF
POTTER, STEVEN SCHWARTZ, TOM
MIDDLETON, TIM GREIMEL, JIM RUNESTAD,
JANET JACKSON, TIM BURNS, GARY
McGILLIVRAY, MICHAEL GINGELL, BILL
BULLARD
Commissioner Douglas introduced MISCELLANEOUS RESOLUTION #09057 – BOARD OF
COMMISSIONERS – OAKLAND COUNTY MILLAGE RATE.
As a point of order, Commissioner Coulter stated that the resolution was not introduced at the Democratic
Caucus, therefore, it was a violation of Board Rules.
Chairperson Bill Bullard, Jr. declared a brief recess to confer with Corporation Counsel.
Judy Cunningham, Corporation Counsel, stated that according to Rule 12a the resolution must first be
introduced in Caucus.
Discussion followed.
Moved by Schwartz supported by Douglas to suspend the rules to introduce MISCELLANEOUS
RESOLUTION #09057 – BOARD OF COMMISSIONERS – OAKLAND COUNTY MILLAGE RATE.
Vote on motion to suspend the rules:
AYES: Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott,
Woodward, Bullard, Burns, Capello, Coulter, Douglas, Gingell, Gosselin, Jackson. (19)
NAYS: Zack, Gershenson, Greimel, Hatchett. (4)
A sufficient majority having voted in favor, the motion to suspend the rules to introduce
MISCELLANEOUS RESOLUTION #09057 – BOARD OF COMMISSIONERS – OAKLAND COUNTY
MILLAGE RATE carried.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. March 5, 2009
129
The Board adjourned at 11:39 a.m. to the call of the Chair or March 26, 2009, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson