OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES

Transcription

1 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES December 9, 2004 Meeting called to order by Chairperson Thomas Law at 9:57 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack. (23) ABSENT: Coleman, Middleton (with notice). (2) Quorum present. Invocation given by Chuck Moss. Pledge of Allegiance to the Flag. Moved by Kowall supported by Hatchett the minutes of the November 18, 2004, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Webster supported by Rogers the rules be suspended and the agenda be amended by moving Public Services, item (b): Miscellaneous Resolution #04347 Sheriff s Office Contract Amendment #1 for Law Enforcement Services in the Charter Township of Oxford 2004/2008 from the Consent Agenda to the Regular Agenda. Moved by Webster supported by Rogers the agenda be further amended as follows: ITEMS ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE c. Information Technology CLEMIS Agreement Between Oakland County and the Michigan State Police Regarding Mugshot and Fingerprint Image and Data Project. (Reason for Suspension of General Government Committee, Item (c): Waiver of Rule XII.C.1 Direct referral to the Public Services Committee.) 694

2 GENERAL GOVERNMENT COMMITTEE d. Department of Human Services/Health Division Acceptance of Donated Microbiology Analyzer. e. Department of Human Services/Health Division Acceptance of Donated Lumex Instrument. g. County Executive Administration Resolution to Amend Miscellaneous Resolution #02113 Resolution to Authorize Appropriation for Northwestern Highway Extension. PLANNING AND BUILDING COMMITTEE g. Department of Facilities Request for Approval of Construction License and Lease Agreement with the Village of Lake Orion for The New Countywide Radio System. h. Department of Facilities Management Request to Rescind Miscellaneous Resolution #04310 and Approve Lease Agreement with Oakland Community College for the New County-wide Radio System. (Reason for Suspension of General Government Committee items (d), (e), (g), and Planning and Building Committee items (g) and (h): Waiver of Rule XII.C.1 Direct referral to the Finance Committee.) PUBLIC SERVICES COMMITTEE p. Sheriff s Office Reorganization. (Reason for Suspension of Public Services Committee item (p): Waiver of Rule XII.C.1 Direct referral to Personnel and Finance Committees.) Vote on agenda as amended: AYES: Bullard, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack. (23) NAYS: None. (0) A sufficient majority having voted therefore, the agenda, as amended, was approved. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson Thomas A. Law appointing the following individuals to serve on the Oakland County Community and Home Improvement Citizens Advisory Council for a term ending December 31, 2005: LOCAL OFFICIALS: Rod Cook, Manager-City of South Lyon Joseph Ferrari, Treasurer-Oxford Township Don Green, Supervisor-Milford Township Michael McReynolds, City of Oak Park Bill Richards, Jr., City of Farmington Mike Kowall, Supervisor White Lake Twp. CITIZENS-AT-LARGE: Ramona Benbow Marc Craig Monica Duncan Joan Fogler Wayne Hogan Bethany Holland Samuel Lamerato Mary Ann Miller Brenda Peek Mary Ann Verdi-Hus Lou Vader (Alternate) Dorothy Webb (Alternate) There being no objections, the appointments were confirmed and the communication received for filing. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson Thomas A. Law appointing the following individuals to serve on the Oakland County Substance Abuse Advisory Council for a term ending September 30, 2006: Ms. Michele Compton, Exec. Director MADD Ms. Elizabeth Pangrazzi, River s Bend, P.C. Ms. Mary Schusterbauer, Chief Oakland County Youth Assistance Sergeant Daniel R. Toth, Oakland County Sheriff s Dept. I am also reappointing the following individuals: Ms. Beth E. Belter, Novi Coalition that Cares Ms. Margaret McGee, Chief Oakland County Health Division Ms. Julie A. Scislowicz 4-H Program Coordinator 695

3 There being no objections, the appointments were confirmed and the communication received for filing. Chairperson Thomas A. Law presented Oakland County Clerk G. William Doc Caddell with a proclamation for his many contributions and extraordinary accomplishments. Vice Chairperson David L. Moffitt as a point of privilege moved to have the proclamation presented to Mr. Caddell incorporated and spread upon the minutes as follows: The Chairperson stated, so ordered. Oakland County Board of Commissioners PROCLAMATION Honoring G. WILLIAM CADDELL WHEREAS, G. William Caddell and his wife Beverly have been residents of Oakland County for more than 40 years raising their family on Wolverine Lake in Commerce Township, where he, operated a successful chiropractic practice in Union Lake for over 35 years; and WHEREAS, G. William Caddell, as County Commissioner, represented the citizens of Commerce Township, West Bloomfield Township, White Lake Township, City of Farmington Hills, City of Walled Lake and his home town of the Village of Wolverine Lake from November 1979 until January 1993; and WHEREAS, in his more than 13 years as County Commissioner, G. William Caddell served with distinction as the Chairman of the Finance Committee for 11 years. He continued serving the citizens of Oakland County when he was appointed Deputy County Clerk/Register of Deeds by County Clerk/Register of Deeds Lynn D. Allen on January 7, 1993; and WHEREAS, on November 6, 1998, G. William Caddell, was appointed County Clerk/Register of Deeds upon the retirement of Lynn D. Allen. Some of his many accomplishments include bringing the latest technology to Oakland County such as op-tech voting equipment, erecording land related documents and digitizing vital records for on-line access; and WHEREAS, the citizens, business owners and employees of Oakland County owe a debt of gratitude to G. William Caddell for his dedication, leadership and vision while serving them for over 25 years. NOW THEREFORE I, Thomas A. Law, Chairman of the Oakland County Board of Commissioners, together with all of the Oakland County Board of Commissioners, do hereby proclaim commendation to G. William Doc Caddell for his many contributions and extraordinary accomplishments. Presented this 9th day of December THOMAS A. LAW, DAVID L. MOFFITT, WILLIAM R. PATTERSON, BILL BULLARD, JR., ERIC S. WILSON, THOMAS F. MIDDLETON, JOHN A. SCOTT, EILEEN T. KOWALL, CHRISTINE LONG, JEFF POTTER, HUGH D. CRAWFORD, MATTIE HATCHETT, TOM McMILLIN, SUE ANN DOUGLAS, MARTIN J. KNOLLENBERG, MICHAEL T. ROGERS, GREG JAMIAN, PETER H. WEBSTER, CHARLES E. PALMER, CHUCK MOSS, VINCENT GREGORY, HELAINE ZACK, ERIC COLEMAN, GEORGE W. SUAREZ, DAVID COULTER

4 Chairperson Thomas A. Law along with Commissioners David Moffitt and William Patterson presented Republican Caucus Chairperson Peter Webster and Democratic Caucus Chairperson Helaine Zack an American Flag to be displayed in the Republican Committee Room A and the Democratic Pernick/Aaron Committee Room. Chairperson Thomas A. Law made the following statement: A Public Hearing is now called on Miscellaneous Resolution #04336 Clerk Register/Circuit Court Transfer of Court Clerk Positions from the Office of the Clerk Register to the Circuit Court/Probate. Are there any persons present who wish to speak? Dr. James O Neill addressed the board. There being no other persons requesting to speak the Chairperson declared the Public Hearing closed. Chairperson Thomas A. Law made the following statement: A Public Hearing is now called on Miscellaneous Resolution #04345 Department of Circuit Court/Sheriff Transfer of Chief Circuit Court Investigator and Six (6) Circuit Court Investigator Positions from the Friend of the Court to the Sheriff Department/Technical Services Division. Are there any persons present who wish to speak? No persons requested to speak and the Chairperson declared the Public Hearing closed. The following people addressed the board: Patricia Raezler, Deborah DeBacker, Virginia Hubble, Dr. Patricia Armstrong, Daniel Gee, Jim Theinel, Edward Kempen, Jim Runested, Richard Skarritt, and Terese M. Schroeder. Moved by Bullard supported by Coulter the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 737.) The resolutions on the Consent Agenda follow (annotated by an asterick {*}): *MISCELLANEOUS RESOLUTION #04351 BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY TREASURER BLOOMFIELD TOWNSHIP CSO DRAINAGE DISTRICT REFUNDING BONDS - FULL FAITH AND CREDIT WHEREAS the Bloomfield Township CSO Drainage District previously has issued its Drain Bonds, dated February 1, 1996 (the "Drain Bonds") in the principal amount of $2,575,000, and this Board of Commissioners, by Miscellaneous Resolution #96009 adopted on February 1, 1996, pledged the full faith and credit of the County of Oakland (the "County") for the prompt payment of the principal of and interest on the Drain Bonds; and WHEREAS the Drainage Board for the Bloomfield Township CSO Drain (the "Drainage Board"), by resolution adopted on November 16, 2004, authorized and provided for the issuance by the Bloomfield Township CSO Drainage District of its Refunding Bonds, Series 2005 (the "Refunding Bonds"), in the aggregate principal amount of not to exceed $1,950,000 to refund all or a portion of the Drain Bonds maturing in the years 2005 through 2015; and WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage Board at the time of sale; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board an resolution pledging the full faith and credit of the County for the payment of the principal of and interest on the Refunding Bonds; and WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve debt service savings for the Charter Township of Bloomfield and the County. NOW THEREFORE BE IT RESOLVED: 1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Refunding Bonds and agrees that, in the event the Charter Township of Bloomfield 697

5 or the County shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of County funds all or any part of an installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. The County Treasurer or the financial consultant, Municipal Financial Consultants Incorporated, is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County an Application for State Treasurer's Approval to Issue Bonds with respect to the Refunding Bonds. 4. The County Treasurer is authorized to approve the circulation of a preliminary and final official statement for the Refunding Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Refunding Bonds. 5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b) (5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 737.) *MISCELLANEOUS RESOLUTION #04352 BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY TREASURER - RESOLUTION TO AUTHORIZE OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM REFUNDING BONDS (VILLAGE OF FRANKLIN SECTION), SERIES 2005 WHEREAS pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ( Act 342 ), the County of Oakland (the County ) has issued its Sewage Disposal System (Village of Franklin Section) Bonds, Series 1996, dated June 1, 1996 (the Prior Bonds ), in the original principal amount of $1,400,000 to defray part of the cost of constructing improvements to the Oakland County Sewage Disposal System (Village of Franklin Section) serving the Village of Franklin (the "Village") pursuant to a contract (the Contract ) between the County and the Village; and WHEREAS the Prior Bonds remain outstanding in the aggregate principal amount of $1,075,000 mature in various principal amounts on November 1 in the years 2005 through 2015 and bear interest at rates per annum that vary from 5.00% to 5.75%; and WHEREAS Act No. 34, Public Acts of Michigan, 2001, as amended ( Act 34 ) authorizes the County to refund all or any part of its funded indebtedness; and WHEREAS the County has received or will receive a request from the Village to refund all or part of the outstanding Prior Bonds; and 698

6 WHEREAS it is in the best interests of the County and the Village that the Prior Bonds maturing in the years 2005 through 2015 be refunded. NOW THEREFORE BE IT RESOLVED: 1. AUTHORIZATION OF BONDS-PURPOSE. Bonds of the County (the Refunding Bonds ) aggregating the principal sum of not to exceed One Million Three Hundred and Forty-Five Thousand Dollars ($1,345,000) shall be issued and sold pursuant to the provisions of Act 34, and other applicable statutory provisions, for the purpose of refunding all or part of the outstanding Prior Bonds maturing in the years 2005 through BOND DETAILS. The Refunding Bonds shall be designated Oakland County Sewage Disposal System Refunding Bonds (Village of Franklin Section), Series 2005; shall be in the principal amount and shall be dated as of such date as shall be determined by County Drain Commissioner as County Agency at the time of sale; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 6% per annum to be determined upon the sale thereof payable on such dates as shall be determined at the time of sale; and shall mature on such dates and in such amounts as shall be determined at the time of sale. 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the Refunding Bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the fifteenth day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 4. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The Depository Trust Company ( DTC ) for the benefit of other parties (the Participants ) in the book-entry-only transfer system of DTC. In the event the County determines that it is in the best interest of the County not to continue the book-entry system of transfer or that the interests of the holders of the bonds might be adversely affected if the book-entry system of transfer is continued, the County may notify DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event the bond registrar and paying agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or beneficial owner in appropriate amounts in accordance with this Resolution. DTC may determine to discontinue providing its services with respect to the bonds at any time by giving notice to the County and the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County and the bond registrar and paying agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Resolution. In the event bond certificates are issued, the provisions of this Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the County and the bond registrar and paying agent to do so, the County and the bond registrar and paying agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the bonds to any Participant having bonds certified to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the bonds. 699

7 Notwithstanding any other provision of this Resolution to the contrary, so long as any bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on such bonds and all notices with respect to the bonds shall be made and given, respectively, to DTC as provided in the Letter of Representations relating to the bonds among DTC, the County and the bond registrar and paying agent. The County Agency or the County Treasurer is authorized to sign the Letter of Representations on behalf of the County, in such form as the County Agency or the County Treasurer deems necessary or appropriate in order to accomplish the issuance of the bonds in accordance with law an this Resolution. 5. PRIOR REDEMPTION. The Refunding Bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined at the time of sale. 6. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate and enter into an agreement with a bond registrar and paying agent for the Refunding Bonds that shall be a bank or trust company located in the State of Michigan that is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The Treasurer may from time to time as required designate a similarly qualified successor bond registrar and paying agent. 7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The Refunding Bonds shall be executed in the name of the County by the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the Refunding Bonds. After the Refunding Bonds have been executed and authenticated, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional Refunding Bonds bearing the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of the Refunding Bonds. The bond registrar and paying agent shall indicate on each Refunding Bond the date of its authentication. 8. EXCHANGE AND TRANSFER OF BONDS. Any Refunding Bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for Refunding Bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered Refunding Bond. Each Refunding Bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such Refunding Bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any Refunding Bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered Refunding Bond and shall authenticate and deliver to the transferee a new Refunding Bond or Bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered Refunding Bond. If, at the time the bond registrar and paying agent authenticates and delivers a new Refunding Bond pursuant to this section, payment of interest on the Refunding Bonds is in default, the bond registrar and paying agent shall endorse upon the new Refunding Bond the following: Payment of interest on this bond is in default. The last date to which interest has been paid is,. 700

8 The County and the bond registrar and paying agent may deem and treat the person in whose name any Refunding Bond shall be registered upon the books of the County as the absolute owner of such Refunding Bond, whether such Refunding Bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such Refunding Bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this resolution shall be valid and effectual to satisfy and discharge the liability upon such Refunding Bond to the extent of the sum or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of Refunding Bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange Refunding Bonds or portions of Refunding Bonds that have been selected for redemption. 9. FORM OF BONDS. The Refunding Bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM REFUNDING BONDS (VILLAGE OF FRANKLIN SECTION), SERIES 2005 INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the County ), acknowledges itself indebted to, and for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as herein provided, upon presentation and surrender of this refunding bond at the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolution, and to pay to the Registered Owner as shown on the registration books at the close of business on the 15 th day of the calendar month preceding the month in which and interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from,, or such later date through which interest has been paid until the County s obligation with respect to the payment of such Principal Amount is discharged, at the rate per annum specified above. Interest is 701

9 payable on the first days of and in each year, commencing on 1,. Principal and interest are payable in lawful money of the United States of America. This refunding bond is one of a series of refunding bonds aggregating the principal sum of Dollars ($ ) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 34, Public Acts of 2001, as amended) and a resolution adopted by the Board of Commissioners of the County (the Resolution ) and an order of the Drain Commissioner of the County as County Agency for the purpose of refunding the Sewage Disposal System (Village of Franklin Section) Bonds, Series 1996, dated June 1, 1996, maturing in the years 2005 through The refunding bonds of this series are issued in anticipation of, and the principal of and interest on the refunding bonds are payable from, moneys to be received by the County from the Village of Franklin (the Village ) in payment of its obligations to the County under a Contract (the Contract ) between the Village and the County. The full faith and credit of the Village have been pledged for the making of its share of such payments. As additional security for the payment of the principal of and interest on the refunding bonds of this series, the full faith and credit of the County have been pledged. Taxes imposed by the Village are not subject to constitutional tax rate limitations. Taxes imposed by the County are subject to constitutional tax rate limitations. This refunding bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this refunding bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this refunding bond a new refunding bond or refunding bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Refunding bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange refunding bonds or portions of refunding bonds that have been selected for redemption. Refunding bonds maturing prior to,, are not subject to redemption prior to maturity. Refunding bonds maturing on and after,, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after,. Refunding bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the refunding bonds maturing in any year are to be redeemed, the refunding bonds or portions of refunding bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the refunding bond or portion of the refunding bond called to be redeemed plus interest to the date fixed for redemption. Not less than thirty days notice of redemption shall be given to the registered owners of refunding bonds called to be redeemed by mail to each registered owner at the registered address. Refunding bonds or portions of refunding bonds called for redemption shall not bear interest on and after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the refunding bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including the series of refunding bonds of which this refunding bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board of Commissioners, has caused this refunding bond to be executed in its name by facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This refunding bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. 702

10 COUNTY OF OAKLAND By: Chairperson, Board of Commissioners [SEAL] And: County Clerk CERTIFICATE OF AUTHENTICATION This refunding bond is one of the refunding bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (please print or type name, address and taxpayer identification number of transferee) the within refunding bond and all rights thereunder and hereby irrevocably constitutes and appoints attorney to transfer the within refunding bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF REFUNDING BOND FORM] 703

11 10. SECURITY The Refunding Bonds shall be issued in anticipation of the payments to be made by the Village pursuant to the Contract. Taxes imposed by the Village for payment of the principal and interest on the Refunding Bonds are not subject to limitation as to rate or amount. As additional security the limited tax full faith and credit of the County of Oakland are hereby pledged for the prompt payment of the principal of and interest on the Refunding Bonds as the same shall become due. If the Village shall fail to make payments to the County that are sufficient to pay its share of the principal of and interest on the Refunding Bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. 11. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of, premium if any, and interest on the Refunding Bonds or any portion of the Refunding Bonds, shall have been deposited in trust, this Bond Resolution shall be defeased with respect to such Refunding Bonds and the owners of the Refunding Bonds shall have no further rights under this Bond Resolution except to receive payment of the principal of, premium if any and interest on the Refunding Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange Refunding Bonds as provided herein. 12. PRINCIPAL AND INTEREST FUND. There shall be established for the Refunding Bonds a Principal and Interest Fund that shall be kept in a separate bank account. From the proceeds of the sale of the Refunding Bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the Purchaser of the Refunding Bonds at the time of delivery of the same. All payments received from the Village pursuant to the Contract are pledged for the payment of the principal of and interest on the Prior Bonds that are not refunded and the Refunding Bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund or the principal and interest fund for the Prior Bonds as appropriate. The County Agency shall transfer moneys in the Principal and Interest Fund to the bond registrar and paying agent for the Prior Bonds that are not refunded and the bond registrar and payment agent for the Refunding Bonds as necessary for the payment of the principal of and interest on such Prior Bonds and the Refunding Bonds. 13. PAYMENT OF ISSUANCE EXPENSES-ESCROW FUND. The remainder of the proceeds of the Refunding Bonds shall be used to pay the issuance expenses of the Refunding Bonds and to establish and escrow fund for the Prior Bonds that are refunded. After the issuance expenses have been paid or provided for, the remaining proceeds shall be used to establish and escrow fund (the Escrow Fund ) consisting of cash and investments in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing and used to pay the principal of, interest on and redemption premiums on the Prior Bonds that are refunded. The Escrow Fund shall be held by a trustee (the Trustee ) in trust pursuant to an escrow agreement (the Escrow Agreement ) that irrevocably shall direct the Trustee to take all necessary steps to pay the interest on the Prior Bonds that are refunded when due and to call such Prior Bonds for redemption at such time as shall be determined in the Escrow Agreement. The County Treasurer shall select the Trustee and enter into the Escrow Agreement with the Trustee on behalf of the County. The amounts held in the Escrow Fund shall be such that the cash and the investments and the income received thereon will be sufficient without reinvestment to pay the principal of, interest on and redemption premiums on the Prior Bonds that are refunded when due at maturity or call for redemption as required by the Escrow Agreement. 704

12 14. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the Refunding Bonds may be subject to permission being granted therefor by the Department of Treasury of the State of Michigan and the Chief Administrative Officer of the County, if necessary, is authorized to make application to the Department of Treasury for permission to issue and sell the Refunding Bonds as provided by the terms of this resolution. 15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency shall determine the principal amount of the Refunding Bonds to be sold and shall determine the other bond details as described in Section 2 hereof and the terms and conditions for prior redemption as described in Section 5 hereof. In addition, in order to save the cost of publication of an Official Notice of Sale, the County hereby determines that it will sell the Refunding Bonds at a negotiated sale after solicitation of proposals from prospective purchasers by its Financial Consultant. The County s Financial Consultant is authorized to solicit proposals from at least twenty-five prospective purchasers and to circulate a Request for Proposal at least seven days prior to the date fixed for receipt of proposals for the purchase of the Refunding Bonds. The Request for Proposal shall be in substantially the form approved by the County Agency at the time of sale with such changes therein as are not inconsistent with this resolution. The Financial Consultant is hereby designated to act for and on behalf of the County to receive proposals for the purchase of the Refunding Bonds and to take all other steps necessary in connection with the sale and delivery thereof. The County Agency is hereby authorized to determine the low proposer on the Refunding Bonds and to award the Refunding Bonds to such low proposer. The County Agency, the County Treasurer and other County officials are hereby authorized to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the Refunding Bonds in accordance with the provisions of this resolution. 16. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured Refunding Bond, of satisfactory evidence that the Refunding Bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity that complies with applicable law and is satisfactory to the Treasurer, the Treasurer may authorize the bond registrar and paying agent to deliver a new executed Refunding Bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event and outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully taken, the Treasurer may authorize the bond registrar and paying agent to pay the Refunding Bond without presentation upon the receipt of the same documentation required for the delivery of a replacement Refunding Bond. The bond registrar and paying agent for each new Refunding Bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, that may be incurred by the bond registrar and paying agent and the County in the premises. Any Refunding Bond delivered pursuant the provisions of this Section 16 in lieu of any Refunding Bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the Refunding Bond in substitution for which such Refunding Bond was delivered. 17. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. The county Agency is authorized to do all things necessary to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. 18. OFFICIAL STATEMENT. The County shall cause the preparation of an official statement for the Refunding Bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the Rule ) and shall do all other things necessary to enable compliance with the Rule. After the award of the Refunding Bonds, the County will provide copies of a final official statement (as defined 705

13 in paragraph (e)(3)of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 19. CONTINUING DISCLOSURE. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the Continuing Disclosure Certificate ). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. 20. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 737.) *MISCELLANEOUS RESOLUTION #04334 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - CONTRACT WITH SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) FOR 2005 REGIONAL ORTHOIMAGERY PROJECT WHEREAS SEMCOG has assembled a regional project team to acquire 2005 digital orthoimagery and related products for the seven-county region; and WHEREAS the regional project team involves the counties of Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw and Wayne, as well as the State of Michigan, SEMCOG, United States Geologic Survey (USGS) and Detroit Water and Sewer (DWSD); and WHEREAS the regional project will result in economies in the purchase of the orthoimagery and provide consistent, high-quality updated imagery to project participants, including the County; and WHEREAS Oakland County will provide the 2005 orthoimagery to its cities, villages and townships (CVTs) at no cost; and WHEREAS Oakland County Information Technology has played an active role in the development of specifications for the 2005 orthoimagery and will play an active role in assuring the County receives highquality products; and WHEREAS funding has previously been appropriated in the IT Fund for the 2005 orthoimagery products; and WHEREAS a contract has been drafted (as attached) by the County s Corporation Counsel and accepted by SEMCOG. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the attached contract with SEMCOG. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Contract on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Contract between Southeast Michigan Council of Governments and Oakland County for the 2005 Regional Digital Orthoimagery Project SEMCOG RFP number on file in County Clerk s office. 706

14 FISCAL NOTE (MISC. #04334) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - CONTRACT WITH SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) FOR 2005 REGIONAL ORTHOIMAGERY PROJECT Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The resolution authorizes the execution of the contract between Oakland County and the Southeast Michigan Council of Governments (SEMCOG) to acquire digital orthoimagery in 2005 for the seven county region. 2. Oakland County recognizes that Information Technology has played an essential role in the development of specifications for the 2005 orthoimagery and will provide the 2005 orthoimagery to its cities, villages, and townships at no cost. 3. The County will own the digital orthoimagery for the Oakland County area and may display on any Internet application. 4. The County's portion of the Regional Digital Orthoimagery will not exceed $155,000 and will be paid in installments to SEMCOG according to the payment schedule listed in the contract. 5. Funding is available in the Information Technology Fund (636) Net Assets Unrestricted- Designated Projects for GIS enhancements. 6. The Fiscal Year 2005 budget should be amended as specified. INFORMATION TECHNOLOGY (636) Expense Professional Svcs $ 155, Changes Fund Equity $ 155,000 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 737.) *MISCELLANEOUS RESOLUTION #04335 BY: General Government Committee, William Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - CLEMIS COMMUNITY CRIMEWATCH WHEREAS Miscellaneous Resolution #04014 authorized the implementation of the web site pilot program for the City of Pontiac's COMSTAT efforts which successfully launched the Pontiac Police Department web site in early October 2004; and WHEREAS the CLEMIS COPLink web site, utilizing standard templates, is managed through Oakland County's existing Team Site Content Management System; and WHEREAS Oakland County now seeks to implement the model among its CLEMIS (Courts, Law Enforcement Management Information System, or CLEMIS) members located in Oakland County to provide a "best-practices" solution to police departments; and WHEREAS surveys show that crime maps and other information are highly requested by community citizens. CLEMIS police departments will focus on their community policing programs delivering statistics and data reports, graphical charts, and web-based maps in order to help identify crime patterns based on geography and time period; and WHEREAS the new GIS technology will be deployed through an Oakland County web service application, converting existing CLEMIS crime data and creating specialized data subsets that will be published to the web specifically to meet community policing objectives; and WHEREAS CLEMIS participating agencies will have access to an internal Intranet (that is, a private local law enforcement agency s departmental web site) for roll call and other agency related information; and WHEREAS CLEMIS participating agencies will have access to COPLink, a secured public safety web site for passing secured information related to public safety and homeland security concerns resulting in timely information sharing between law enforcement agencies; and 707

15 WHEREAS the CLEMIS participating agencies web sites will be hosted on new County web and/or web application servers. Additionally, CLEMIS Police Departments will receive information, architecture and content development support, design assistance and read-to-use design templates, Teamsite Training, Statistical Data Use Training and customer support; and WHEREAS this will be one of the several examples of the County, County Sheriff and local law enforcement, community-oriented policing programs to be developed in connection with the COPS MORE grant received several years ago; and WHEREAS a detailed description of the program, launch and other matters is attached to this resolution as further explanation of the project; and WHEREAS the following law enforcement agencies have expressed interest in obtaining similar sites prepared for them: Cities of Farmington, Farmington Hills, Hazel Park, Royal Oak, Auburn Hills, Troy, Ferndale, Novi, Orchard Lake, Madison Heights and South Lyon; Townships of West Bloomfield, White Lake and Bloomfield; Village of Lake Orion, and the Sheriff's Office (representing roughly a dozen law enforcement contracts); and WHEREAS on October 21, 2004 the CLEMIS Advisory Board supported the web site program and encouraged the County's Board of Commissioners to fund this program so that other law enforcement agencies could benefit from this program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the development of the CLEMIS Community Crimewatch web sites. Chairperson on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Clemis Community Crimewatch Roll-Out Plan on file in County Clerk s office. FISCAL NOTE (MISC. #04335) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - CLEMIS COMMUNITY CRIMEWATCH Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The resolution authorizes the development of the CLEMIS Community Crimewatch website among its CLEMIS (Courts, Law Enforcement Management Information System) members located in Oakland County. 2. Implementation costs include: CLEMIS/Project coordination tasks; Web server administration; Egovt web development/support; and the installation of new hardware. 3. Oakland County currently pays the licensing and maintenance of the Interwoven Team Site content management system for the end user. 4. Each agency will be offered two end-user licenses; however, the agency will be responsible for the cost of any additional licenses and maintenance. 5. Implementation costs are estimated to be $675,000 including project management, scope change and contingency. 6. The Fiscal Year 2005 budget is amended as specified to utilize Designated Fund Balance (General Fund GL Account # )for the CLEMIS Community Crimewatch as detailed below. GENERAL FUND (101) Revenue Planned Use of Fund Bal. $ 675,000 Expenditure Transfer to CLEMIS 18, Transfer to Info Tech 656,640 $ -0- CLEMIS FUND (635) Revenue Transfer from GF $ 18,