OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES

Transcription

1 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES February 2, 2006 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:32 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Coleman, Coulter, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Molnar, Moss, Nash, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (22) EXCUSED ABSENCE WITH NOTICE: Crawford, Middleton, Palmer. (3) Quorum present. Invocation given by John Scott. Pledge of Allegiance to the Flag. Moved by Woodward supported by Molnar the minutes of the January 19, 2006, Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Kowall supported by Coulter the rules be suspended and the agenda be amended, as follows: ITEMS ON BOARD AGENDA FINANCE COMMITTEE a. Board of Commissioners Environmental Infrastructure Fund Deadline Extension Until September 1, 2006 (Reason for Suspension of Finance Committee, item a.: Waiver of Rule XII.A. Commissionersponsored resolution was not introduced on the Board floor but went directly to Finance Committee.) PLANNING AND BUILDING COMMITTEE b. Drain Commissioner Resolution to Authorize Clinton-Oakland Sewage Disposal System Softwater Lake Extension Contract and Authorizing Notice of Intent to Issue Bonds (Reason for Suspension of Planning and Building Committee, item b.: Waiver of Rule XII.C.I Direct Referral to Finance Committee.) 53

2 Vote on agenda, as amended: AYES: Bullard, Coleman, Coulter, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Molnar, Moss, Nash, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (22) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from County Executive, L. Brooks Patterson recommending the appointment of Robert Tera to the Oakland County Library Board for a term of five (5) years. The communication was received for filing. The following people addressed the Board: Greg Thrasher. Moved by Zack supported by Scott the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 69.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}). *MISCELLANEOUS RESOLUTION #06018 BY: General Government Committee, William R. Patterson, Chairperson IN RE: AREA AGENCY ON AGING SUPPORT OF THE AREA AGENCY ON AGING 1-B S APPLICATION TO SEEK DESIGNATION AS THE SINGLE POINT OF ENTRY FOR LONG TERM CARE IN OAKLAND COUNTY WHEREAS according to the Southeast Michigan Council of Governments, Oakland County s age 65+ population is now increasing by almost 3,000 individuals each year; and WHEREAS an increasing number of these individuals require assistance in performing necessary activities of daily living in order to maintain their independence; and WHEREAS in June 2005 the Governor s Medicaid Long Term Care Task Force issued a report calling for action to create an integrated system that appears seamless to the consumer, yet takes advantage of the variation of long term care programs at the local, state, and federal levels ; and WHEREAS the report recommends that the Michigan Department of Community Health designate locally or regionally-based Single Point of Entry agencies for consumers of long term care and mandate that applicants for Medicaid funded long term care go through the Single Point of Entry agency to apply for services ; and WHEREAS Executive Order # states that by June 30, 2006, the department shall establish not less than three single point of entry demonstration programs for the delivery of long term care supports and services, and intends to have single points of entry in place statewide within three years; and WHEREAS the Michigan Department of Community Health has issued a request for proposals to implement the first Single Point of Entry programs; and WHEREAS the Area Agency on Aging 1-B has served as an access point for older Oakland County residents and adults with a disability seeking home and community-based long term care services since the AAA 1-B Care Management program was initiated in 1982; and WHEREAS the Area Agency on Aging 1-B is Michigan s largest Medicaid MI Choice Home and Community-Based Elderly/Disabled Waiver program provider and administers in-home service programs utilizing Federal, State, and United Way dollars; and WHEREAS the Area Agency on Aging 1-B has developed a state-of-the-art call center with unlimited capacity to provide information and assistance to callers seeking information on long term care resources and alternatives; and WHEREAS the Area Agency on Aging 1-B quality assurance programs have documented that in-home service programs produce positive health outcomes which reduce health care utilization and save consumer and public dollars; and WHEREAS the Area Agency on Aging Board of Directors has directed the agency to seek designation as the Single Point of Entry for long term care for Oakland County, in addition to the other five counties of its region; and 54

3 WHEREAS the Oakland County Board of Commissioners has full confidence that the Area Agency on Aging 1-B, serving as a Single Point of Entry that serves as an independent source of information to area seniors, will work in collaboration with other public and private organizations to develop a high quality service that is responsive to consumer needs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the Area Agency on Aging 1-B s application to seek designation as the Single Point of Entry for long term care in Oakland County. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Area Agency on Aging 1-B Long Term Care Single Point of Entry Application Summary Work Plan on file in County Clerk s office. (The vote for this motion appears on page 69.) *MISCELLANEOUS RESOLUTION #06009 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER FRANKLIN SUBWATERSHED DRAINAGE DISTRICT DRAIN BONDS FULL FAITH AND CREDIT RESOLUTION : Chairperson, Ladies and Gentlemen WHEREAS the Drainage Board for the Franklin Subwatershed, by resolution adopted on December 13, 2005, authorized and provided for the issuance by the Franklin Subwatershed Drainage District of its Drain Bonds, Series 2006 (the "Bonds") in the aggregate principal amount of not to exceed $1,344,073 to defray part of the cost of the Ten Hill Road and Wallbrook Court Project of the Franklin Subwatershed; and WHEREAS the Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and will be subject to redemption prior to maturity as shall be determined at the time of sale by the Oakland County Drain Commissioner as Chairman of the Drainage Board for the Franklin Subwatershed; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of and interest on the Bonds (the "Bonds"); and WHEREAS the Ten Hill Road and Wallbrook Court Project of the Franklin Subwatershed is necessary to protect and preserve the public health and, therefore, it is in the best interest of the County that the Bonds be sold. NOW THEREFORE BE IT RESOLVED: 1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Bonds, and agrees that, in the event the Charter Township of West Bloomfield or the County shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of County funds all or any part of an installment and Interest, it shall be the duty of the County Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. The County Treasurer or the financial consultant, Municipal Financial Consultants Incorporated, is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County an Application for State Treasurer's Approval to Issue Bonds with respect to the Bonds. 4. The County Treasurer is authorized to approve the circulation of a nearly final and final official statement for the Bonds, to cause the preparation of those portions of the nearly 55

4 final and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Bonds. 5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #06009) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER FRANKLIN SUBWATERSHED DRAINAGE DISTRICT DRAIN BONDS FULL FAITH AND CREDIT RESOLUTION Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Resolution is requesting that the Board of Commissioners pledge the full faith and credit of the County of Oakland for the payment of principal and interest on the Franklin Subwatershed Drainage District Drain Bonds, Series The bond issue is not to exceed $1,344,073 and is to be used for constructing the Ten Hill Road and Wallbrook Court Project of the Franklin Subwatershed. 3. The Bonds shall bear an interest rate not to exceed 6% per annum, will be in aggregate principal amounts, will mature in such years and principal amounts and will be callable prior to maturity as determined necessary by the Oakland County Drain Commissioner as Chairman of the Drainage Board for the Franklin Subwatershed. 4. The statutory limit for County debt is $7,345,918,835 (10% of State Equalized Value). As of December 31, 2005, the total pledged debt is $340,410,000 or approximately.46% of the S.E.V. 5. The Public Corporations participating in the Ten Hill Road and Wallbrook Court Project of the Franklin Subwatershed construction includes the Charter Township of West Bloomfield and Oakland County for drainage of county highways. 6. The bond sale of $1,344,073 will be apportioned with $948, or % apportioned to the Charter Township of West Bloomfield and $395, or % apportioned to Oakland County. 7. The Charter Township of West Bloomfield and Oakland County will pay for the bonds through a Special Assessment Roll for the Franklin Subwatershed Ten Hill Road and Wallbrook Court Project. 8. Funding is available in the Non-Departmental Current Drain Assessment account to cover Oakland County s apportionment cost of the bond sale. 9. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 69.) 56

5 *MISCELLANEOUS RESOLUTION #06019 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER RESOLUTION TO AUTHORIZE CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM SOFTWATER LAKE EXTENSION CONTRACT AND AUTHORIZING NOTICE OF INTENT TO ISSUE BONDS WHEREAS the Charter Township of Springfield (the "Township") is in urgent need of sewage disposal facilities constituting a part of the Clinton-Oakland Sewage Disposal System (the "System") as described in the form of the proposed contract hereinafter mentioned and designated as the Clinton-Oakland Sewage Disposal System Softwater Lake Extension (sometimes referred to herein as the "Project"), in order to promote the health and welfare of the residents thereof, which sewage disposal facilities also would benefit the County and its residents, and the parties to said proposed contract have concluded that such facilities can be provided most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342") and Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"); and WHEREAS by the terms of Act 342, the County and the Township are authorized to enter into a contract for the acquisition and construction of the Project to serve the residents of the Township and the County, for the payment of the cost thereof by the Township through the imposition of assessments against properties specially benefiting from the Project; and for the remittance of such assessments by the Township to the County to satisfy the Township's obligations under the contract; and WHEREAS the County is authorized pursuant to the terms of Act 34 to issue its bonds to finance the cost of the acquisition and construction of the Project, which bonds will be secured by such special assessments and the County's full faith and credit pledge; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Drain Commissioner, County Agency, party of the first part, and the Township, party of the second part (the "Contract"), which Contract provides for the acquisition, construction and financing of the Project and which Contract is hereinafter set forth in full; and WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and WHEREAS this Board of Commissioners desires to proceed with the Project and the approval and execution of the Contract to acquire, construct and finance the Project as provided in the Contract. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: 1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, establishment of the Project as part of the System, which shall consist of (i) the acquisition and construction of the Clinton-Oakland Sewage Disposal System Softwater Lake Extension, as specified and to be located as shown in Exhibit A to the Contract and (ii) the services provided thereby; that the Project as part of the System shall serve the residents of the Township and the County; that the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the Project; that the County Agency shall have all the powers and duties with respect to the Project as are provided by law and especially by Act 342; and that the County shall proceed to issue its bonds to finance the cost of the acquisition and construction of the Project pursuant to the provisions of Act 34, which bonds will be secured by Township special assessments as specified in the Contract and by the full faith and credit pledge of the County. 2. PLANS AND SPECIFICATIONS ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project and the estimates of $2,820,000 as the cost thereof and of 30 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. 3. APPROVAL OF CONTRACT. The Clinton-Oakland Sewage Disposal System Softwater Lake Extension Contract between the County, by and through the County Drain Commissioner, party of the first part, and the Township, party of the second part, which Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for 57

6 and on behalf of the County, in as many counterparts as may be deemed advisable. The Contract reads as follows: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM SOFTWATER LAKE EXTENSION CONTRACT THIS CONTRACT, made and entered into as of the 1st day of February, 2006, by and between the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred to as the "County"), by and through its Drain Commissioner, County Agency, party of the first part, and the CHARTER TOWNSHIP OF SPRINGFIELD, a Michigan charter township located in the County (hereinafter sometimes referred to as the "Township"), party of the second part. W I T N E S S E T H: WHEREAS the Board of Commissioners of the County, by majority vote of its memberselect, has authorized and directed that there be established a county system of sewage disposal improvements and services to serve municipalities in the County, said system being known as the "Clinton-Oakland Sewage Disposal System" (hereinafter sometimes referred to as the "System"), and has designated the Oakland County Drain Commissioner as the county agency for the System (said Drain Commissioner being hereinafter sometimes referred to as the "County Agency"); and WHEREAS under and subject to the terms of Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"), the County is authorized, through the County Agency, to acquire and construct the sewage disposal facilities hereinafter described to improve and extend the System (the "Project"), the County and the Township are authorized to enter into a contract, as hereinafter provided, for the acquisition and construction of the Project by the County, for the payment of the cost thereof by the Township through the imposition of assessments against properties specially benefiting from the Project, and for the remittance of such assessments by the Township to the County to satisfy the Township's obligations under the contract; and WHEREAS the County is authorized pursuant to the terms of Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"), to issue its bonds to finance the cost of the acquisition and construction of the Project, which bonds will be secured by such special assessments and the County's full faith and credit pledge; and WHEREAS there is an urgent need of such sewage disposal facilities to provide sewage disposal services to the Township in order to promote the health and welfare of the residents thereof, which facilities would likewise benefit the County and its residents, and the parties hereto have concluded that such facilities can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, especially section 5 thereof, and Act 34; and WHEREAS preliminary plans for the Project and estimates of the cost and period of usefulness thereof have been prepared, all of which have been submitted to and approved by the Board of Commissioners of the County and the governing body of the Township and placed on file with said Board of Commissioners in the office of the County Agency, said estimates being set forth in Exhibit B attached hereto; and WHEREAS in order to provide for the acquisition, construction and financing of the Project by the County and for other related matters, it is necessary for the parties hereto to enter into this contract. THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE as follows: 1. The parties hereto approve and agree to the acquisition, construction and financing of the Project as part of the System, as herein provided, under and pursuant to Act 342 and approve the designation of "Clinton-Oakland Sewage Disposal System Softwater Lake Extension" as the name of the Project. The Township by way of compliance with Section 29, Article VII, Michigan Constitution of 1963, consents and agrees to the establishment and location of the Project within its corporate boundaries and to the use by the County of its streets, highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the Project and any improvements, 58

7 enlargements or extensions thereof, and the Township further agrees that, in order to evidence and effectuate the foregoing agreement and consent, it will execute and deliver to the County such grants of easements, rights-of-way, licenses, permits or consents as may be requested by the County and which the Township may legally provide. 2. The Project shall consist of the sewage disposal facilities as described and specified in the preliminary plans set forth in Exhibit A, which is attached hereto and is made a part hereof, and which preliminary plans are on file with the County Agency and are approved and adopted. The Project shall be acquired and constructed substantially in accordance with said preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the consulting engineers, but variations therefrom that do not materially change the location, capacity or overall design of the Project, and that do not require an increase in the total estimated cost of the Project, may be permitted on the authority of the County Agency. Other variations or changes may be made if approved by the County Agency and by resolution of the governing body of the Township and if provisions required by paragraph 5 hereof are made for payment of any resulting increase in the total estimated cost. The estimate of the cost of the Project and the estimate of the period of usefulness thereof are set forth in Exhibit B. 3. The County shall take or cause to be taken all actions required or necessary, in accordance with Act 34, to procure the issuance and sale of bonds by the County, in one or more series, in whatever aggregate principal amount is necessary to finance the cost of the Project not paid from other sources; provided, however, that the issuance of such bonds shall be subject to the confirmation by the governing body of the Township of a special assessment roll assessing the cost of the Project to a special assessment district as set forth in paragraphs 6 and 7 hereof and the expiration of any applicable appeal periods therefor as determined by the County in its sole discretion. Such bonds shall be issued in anticipation of the special assessments imposed by the Township and remitted to the County. The bonds also will be secured by a pledge of the full faith and credit of the County, and will be payable in annual maturities the last of which shall not be more than thirty years from the date thereof. 4. The County Agency shall proceed to take construction bids for the Project and, subject to the sale and delivery of bonds, enter into construction contracts with the lowest responsible bidder or bidders, procure from the contractors all necessary and proper bonds, cause the Project to be constructed within a reasonable time, and do all other things required by this contract. The County Agency may, in its sole discretion, retain the services of a third-party engineering firm to perform contract administration of the Project, and payment for such services shall be part of the cost of the Project. All certificates for required payments to contractors shall be approved by the consulting engineers before presentation to the County Agency and the latter shall be entitled to rely on such approval in making payments. 5. Except as otherwise provided herein, in the event that it shall become necessary to increase the estimated cost of the Project for any reason, or if the actual cost of the Project shall exceed the estimated cost, whether as the result of variations or changes made in the approved plans or otherwise, then the County Agency shall not be obligated to pay such increased or excess cost unless the governing body of the Township shall have adopted the necessary proceedings approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall be defrayed by increased or additional special assessments to be imposed by the Township and remitted to the County in the manner hereinafter provided. 59

8 6. The Township shall take or cause to be taken all action required or necessary, in accordance with Act 188, Public Acts of Michigan, 1954, as amended ("Act 188"), to confirm a special assessment roll in an amount not less than the entire cost of the Project not defrayed by grants and funds available from other sources. The special assessments shall be payable in not more than 20 annual installments, and shall bear interest at a rate equal to 1% above the average rate of interest borne by the County bonds or such lower rate as approved by the County Agency. The Township agrees to remit all installments of the special assessments, and all interest thereon and penalties relating thereto, to the County within 30 days of the Township's receipt thereof. The Township further agrees to take or cause to be taken all action required or necessary to collect such special assessments, interest and penalties. The parties hereto acknowledge that the Township's obligations under this contract are solely to remit installments of the special assessments, interest and penalties and that the Township is not pledging its full faith and credit for its obligations under this contract. 7. The parties hereto agree that this contract is an obligation of the Township as described in section 15c of Act 188 and therefore the requirements of section 3 of Act 188 with respect to requiring a petition and section 4 of Act 188 with respect to the hearing therein required shall not apply to the special assessments described herein. For purposes of the Township's special assessment proceedings, the parties hereto approve (i) the plans for the Project on file in the offices of the County Agency and the Township Clerk and the description and location of the Project as set forth in Exhibit A hereto, (ii) $2,820,000 as the total cost of the Project and the total amount of such cost to be borne by the special assessment district, (iii) the special assessment district as set forth in Exhibit C hereto, and (iv) 20 years as the term of the special assessment district's existence. Changes in any of the items set forth in the preceding sentence are permitted upon appropriate action by the Township pursuant to Act 188 and approval of the County Agency. It is understood that the legal and administrative costs for creating the special assessment district, legal review of the contracts, and costs associated with legal challenges to the special assessment district are Project costs. The Township shall have the authority to impose additional special assessments, to pay the costs identified in this paragraph which are not otherwise paid from bond proceeds. If an additional special assessment is necessary to pay the costs identified in this paragraph not otherwise covered by bond proceeds, the Township may retain those additional special assessments required to pay the Township costs arising from this contract or the project. 7. The County Agency is hereby authorized, but not required, to utilize County personnel for the administration of the Project. The Township agrees that the Costs (as hereinafter defined) of and Overhead (as hereinafter defined) for contract administration, auditing and financial services shall be part of the cost of the Project for purposes of Exhibit B hereof, whether such services are provided by County personnel or third parties. "Costs" shall be defined in this paragraph as the labor, including statutory and customary fringe benefits, overtime, material and supplies, power and utility services, vehicle/equipment rental and subcontractor services devoted specifically to the Project. "Overhead" shall be defined in this paragraph to include the following: all allocation of the labor cost, including statutory and customary fringe benefits, of personnel responsible for administering this contract or supervising the work performed in connection with this contract; an allocation of expenses of the County Agency; and an allocation of the indirect cost of the County charged to the County Agency for support services, such as (but not limited to) legal, personnel, accounting, computer support, and insurance/risk management. 60

9 8. After completion of the Project the operation and maintenance of the Project as part of the System shall be as determined by the County, including but not limited to the operation and maintenance of the Project by the Charter Township of Independence if so determined by the County. 9. It is understood and agreed by the parties hereto that the Project is to serve the Township and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the Township. The responsibility of requiring connection to and use of the System shall be that of the Township. The County shall not be obligated to acquire or construct any facilities other than those designated in paragraph 2 hereof. 10. The County shall have no obligation or responsibility for providing facilities except as herein expressly provided with respect to the acquisition and construction of the Project or as otherwise provided by contract. The Township shall have the authority to provide such other facilities and shall have the right to expand the facilities of the System by constructing or extending sewers or related facilities, connecting the same to the System, and otherwise improving the System. It is expressly agreed, nevertheless, that no such connection shall be made to the System and no improvements, enlargements or extensions thereof shall be made without first securing a permit therefor from the County. Any such permit may be made conditional upon inspection and approval of new construction by the County. It is further agreed that the System shall be used for collection and conveyance of sanitary sewage only and once built the Township shall take all necessary action to prevent entry into the System of storm waters and also to prevent entry of sewage or wastes of such a character as to be injurious to the System or to the public health and safety; however, the Township shall not be required to address infiltration of storm water that may arise from the negligent design or construction of the System. 11. The parties hereto agree that the costs and expenses of any lawsuits arising directly or indirectly out of this contract or the construction or financing of the Project, to the extent that such costs and expenses are chargeable against the County or the County Agency, shall be deemed to constitute a part of the cost of the Project and shall be paid by the Township through the imposition of additional special assessments in the same manner as herein provided with respect to other costs of the Project. In the event of such litigation, the County Agency shall consult with the Township and shall retain legal counsel agreeable to the County and the Township to represent the County; provided that if the County and the Township cannot agree as to such representation within a reasonable time, the County Agency shall exercise its discretion as to the retention of such counsel. This paragraph shall not apply to a lawsuit instituted by the Township to enforce its rights under this contract. 12. All powers, duties and functions vested by this contract in the County shall be exercised and performed by the County Agency, for and on behalf of the County, unless otherwise provided by law or in this contract. 13. In the event that any one or more of the provisions of this contract for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, but this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 14. This contract shall become effective after its execution by each party hereto. This contract shall terminate thirty (30) years from its date unless terminated earlier by mutual agreement of the parties hereto in writing. This contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This contract may be executed in any number of counterparts. 61

10 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and delivered by their duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND By: County Drain Commissioner (County Agency) CHARTER TOWNSHIP OF SPRINGFIELD By: Supervisor And: Clerk Copy of Exhibit A - Clinton Oakland Sewage Disposal System Softwater Lake Extension, Exhibit B Clinton Oakland Sewage Disposal System Softwater Lake Extension Estimate of Probable Cost, and Exhibit C Clinton Oakland Sewage Disposal System Softwater Lake Extension on file in County Clerk s office. 4. NOTICE OF INTENT TO ISSUE BONDS The County Clerk is hereby instructed to publish the following notice once in a newspaper of general circulation in the County of Oakland, which notice shall not be less than ¼ page in size in such newspaper, to wit: NOTICE OF INTENT TO ISSUE BONDS BY THE COUNTY OF OAKLAND, MICHIGAN NOTICE IS HEREBY GIVEN, that the County of Oakland, Michigan, intends to issue bonds in the aggregate principal amount of not to exceed $2,820,000 for the purpose of defraying all or part of the cost of acquiring and constructing sewage disposal facilities designated as the "Clinton-Oakland Sewage Disposal System Softwater Lake Extension" to serve the residents of the Charter Township of Springfield and the County of Oakland. The bonds will bear interest from their date at a rate or rates not exceeding 8% per annum. The bonds will be issued under and pursuant to the provisions of Act No. 34, Public Acts of Michigan, 2001, as amended, and the full faith and credit of the County of Oakland will be pledged to pay the principal of and interest on the bonds as the same shall become due. It is expected that the principal of and interest on the bonds will be paid from special assessments imposed by the Charter Township of Springfield on properties specially benefiting from the facilities pursuant to a contractual agreement between the Charter Township of Springfield and the County of Oakland. In addition, the County of Oakland will be obligated, as a first budget obligation, to advance moneys from its general funds or to levy ad valorem taxes on all taxable property within its corporate boundaries to pay the principal of and interest on the bonds as the same shall become due. Taxes levied by the County of Oakland for the payment of such principal and interest will be subject to applicable constitutional and statutory limitations. RIGHT TO PETITION FOR REFERENDUM This notice is given, by order of the Board of Commissioners of the County of Oakland, to and for the benefit of the electors of the County of Oakland in order to inform them of their right to petition for a referendum upon the question of the issuance of the aforesaid bonds. The bonds will be issued, without submitting such a question to a vote of the electors, unless within 45 days after the date of publication of this notice a petition requesting a referendum upon such question, signed by not less than 10% or 15,000 of the registered electors residing within the County of Oakland, whichever is the lesser, shall have been filed with the undersigned County Clerk. In the event that such a petition is filed, the bonds will not be issued unless and until the issuance thereof shall have been approved by the vote of a majority of the electors of the County of Oakland qualified to vote and voting thereon at a general or special election. FURTHER INFORMATION Further information relative to the issuance of said bonds and the subject matter of this notice may be secured at the office of the Clerk of the County of Oakland, 1200 North Telegraph Road, Pontiac, Michigan

11 This notice is given pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended. RUTH A. JOHNSON, Clerk County of Oakland 5. OFFICIAL INTENT. The County hereby declares its official intent to issue its limited tax general obligation bonds in the aggregate principal amount of not to exceed $2,820,000 to finance the costs of the acquisition and construction of the Project described in the aforestated notice and the County hereby declares that it reasonably expects to seek reimbursement for its advances to the Project as anticipated by this resolution. 6. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #06019) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER RESOLUTION TO AUTHORIZE CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM SOFTWATER LAKE EXTENSION CONTRACT AND AUTHORIZING NOTICE OF INTENT TO ISSUE BONDS Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution establishes the Clinton-Oakland Sewage Disposal System Softwater Lake Extension (the Project ) and authorizes the contract for Oakland County to proceed with the Project for the Charter Township of Springfield. 2. The Project can be financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ( Act 342 ) and Act 34, Public Acts of Michigan, 2001 as amended ( Act 34 ). 3. The Project consists of constructing a wastewater system with facilities constituting part of the system to promote the public health and welfare of the residents. 4. The estimated cost of the project is $2,820,000 with a 30 year and upward useful life. 5. The Charter Township of Springfield shall pay Oakland County for the entire cost of the Project not defrayed by grants or other funds that may become available from the proceeds of the special assessment district. 6. A separate resolution will be forthcoming requesting approval of the issuance of the Bonds and Oakland County s full faith and credit on the Bonds. 7. No County general funds shall be appropriated to this Project. FINANCE COMMITTEE (The vote for this motion appears on page 69.) *REPORT (MISC. #06011) BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION/FRIEND OF THE COURT REORGANIZATION AND PERSONNEL RELATED ACTIONS The Personnel Committee having reviewed Miscellaneous Resolution #06011 on January 25, 2006 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE 63

12 MISCELLANEOUS RESOLUTION #06011 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION/FRIEND OF THE COURT REORGANIZATION AND PERSONNEL RELATED ACTIONS WHEREAS the funding for Circuit Court/Family Division/Friend of the Court is approximately 66% reimbursed by the Cooperative Reimbursement Program through the Michigan Department of Human Services and approximately 34% funded by General Fund/General Purpose dollars; and WHEREAS after review of the duties and responsibilities within their area the Circuit Court/Family Division/Friend of the Court has determined that certain reclassifications will save General Fund/General Purpose dollars; and WHEREAS the impending retirement of management personnel has precipitated the need for the proposed realignment of duties to coordinate with anticipated skill sets; and WHEREAS the proposed realignment of duties is anticipated to increase efficiencies in the Friend of the Court operation; and WHEREAS the Human Resource Department has analyzed the proposed changes and is in agreement with the Friend of the Court on these proposed changes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the downward reclassification of the Chief Assistant - FOC Operations position (# ) from Salary Grade 20 to Salary Grade 17 effective with the vacating of the position by the current incumbent. BE IT FURTHER RESOLVED that the Chief-Child Support Account and Banking position ( ) and the employee be upwardly reclassified from Salary Grade 16 to Salary Grade 17. BE IT FURTHER RESOLVED that a new classification titled F.O.C. Case Assistant Supervisor be created as a Salary Grade 8, overtime non-exempt. BE IT FURTHER RESOLVED that positions and be upwardly reclassified from F.O.C. Case Assistant to the newly created classification of F.O.C. Case Assistant Supervisor. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #06011) BY: Finance Committee, Chuck Moss, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION/FRIEND OF THE COURT REORGANIZATION AND PERSONNEL RELATED ACTIONS Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. A review of the duties and responsibilities within the Circuit Court/Family Division/Friend of the Court has determined that certain position reclassifications will save General Fund/General Purpose dollars. 2. The resolution authorizes the downward reclassification of the Chief Assistant - FOC Operations position (# ) from Salary Grade 20 to Salary Grade 17 effective with the vacating of the position by the current incumbent on January 31, The Chief-Child Support Account and Banking position ( ) will be upwardly reclassified from Salary Grade 16 to Salary Grade A new classification titled F.O.C. Case Assistant Supervisor, be created as a Salary Grade 8, overtime non-exempt. 5. Positions and will be upwardly reclassified from F.O.C. Case Assistant to the newly created classification of F.O.C. Case Assistant Supervisor. 6. Funding for these positions is 66% from Cooperative Reimbursement Program (CRP), and 34% from GF/GP Grant Match, this action will result in GF/GP savings of $6,400 for the remainder of Fiscal Year 2006, and $9,788 for Fiscal Year

13 7. The following budget amendment is recommended to the Fiscal Year 2006 and Fiscal Year 2007 budget: GENERAL FUND(10100) FY 2006 FY Cir. Ct.Grant Match ($6,400) ($9,788) Non-Dept Grant Match 6,400 9,788 Total Expense $ -0- $ -0- CIRCUIT COURT FUND(27100) Revenue CRP Contract ($12,424) ($19,001) Grant Match ( 6,400) ( 9,788) Total Revenue ($18,824) ($28,789) Expenditures Salaries ($16,736) ($25,596) Fringes ( 5,825) ( 8,907) Salaries 2,772 4, Fringes 965 1,475 Sub-total ($18,824) ($28,789) Net of Revenues and Expenditures $ -0- $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 69.) *REPORT (MISC. #06012) BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ROYAL OAK The Personnel Committee having reviewed Miscellaneous Resolution #06012 on January 25, 2006, reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #06012 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ROYAL OAK WHEREAS Royal Oak Township has contracted with the Oakland County Sheriff's Office to provide law enforcement services for the Township (Miscellaneous Resolution #04119); and WHEREAS Schedule A of this contract provides that if the Michigan State Police provides a State Trooper for forty hours per week, the Sheriff will reduce one contracted Deputy II; and WHEREAS through Contract Amendment #1 (Miscellaneous Resolution #04156) two Deputy II (with fillin) positions were deleted at the request of the Charter Township of Royal Oak; and WHEREAS through Contract Amendment #2 (Miscellaneous Resolution #04188) one Deputy II (with fillin) position was deleted at the request of the Charter Township of Royal Oak; and WHEREAS the Sheriff has reduced the number of Deputy II's for the Charter Township of Royal Oak by three (3); therefore, the invoice to the Charter Township of Royal Oak was adjusted accordingly; and WHEREAS the Michigan State Police has agreed to provide patrols for the midnight shift in the Charter Township of Royal Oak; and WHEREAS this action will provide the Charter Township of Royal Oak the ability to reduce three (3) Deputy II (with fill-in) positions; and WHEREAS the Charter Township of Royal Oak has requested to delete three (3) Deputy II (w/fill-in); and WHEREAS the Sheriff has agreed to delete three (3) Deputy II (with fill-in) positions for the Charter Township of Royal Oak under the terms of this contract. 65

14 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the deletion of three (3) Deputy II positions (# , # , # ) in accordance with the Oakland County Sheriff's Department Law Enforcement Services Agreement with the Charter Township of Royal Oak. BE IT FURTHER RESOLVED that one patrol vehicle with mobile, prep, MDC and video camera be deleted from the county fleet. BE IT FURTHER RESOLVED that this deletion will take effect on February 4, Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff s Department Law Enforcement Services Agreement with Charter Township of Royal Oak, Amendment 3, Schedules A and A-1 - Sheriff s Deputies Contracted for and to be Assigned to Municipality on file in County Clerk s office. FISCAL NOTE (MISC. #06012) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF S OFFICE CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ROYAL OAK Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Royal Oak requested an amendment to the contract between the Charter Township of Royal Oak and the Oakland County Sheriff for law enforcement services beginning February 4, This amendment deletes three (3) Deputy II positions (#09298, #09303 and #09305) in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff s Office. 3. Operating revenues and expenses will be reduced by $256,483 for Fiscal Year 2006 and $383,523 for Fiscal Year The amendment deletes one (1) marked vehicle (with mobile, prep radio, MDC and video camera) from the county fleet. 5. A budget amendment to the Fiscal Year 2006 and Fiscal Year 2007 budget is recommended as follows: GENERAL FUND #10100 FY 2006 FY 2007 Revenue Sheriff Spec. Deputies ($256,483) ($383,523) Total General Fund Revenue ($256,483) ($383,523) Expenditures Salaries Regular ($158,190) ($240,407) Fringe Benefits ($ 72,961) ($117,244) Motor Pool ($ 4,608) ($ 4,608) Radio Comm. ($ 591) ($ 788) Equipment Rental ($ 555) ($ 740) Deputy Supplies ($ 2,592) ($ 2,592) Insurance Fund ($ 2,817) ($ 2,817) Info Tech CLEMIS ($ 474) ($ 632) Overtime ($ 13,695) ($ 13,695) Total General Fund Expenses ($256,483) ($383,523) MOTOR POOL FUND #66100 Revenue Leased Equipment ($ 4,608) ($ 4,608) Total Motorpool Revenue ($ 4,608) ($ 4,608) Expenditures Depreciation Vehicles ($ 4,608) ($ 4,608) Total Motorpool Expenses ($ 4,608) ($ 4,608) 66

15 RADIO COMMUNICATIONS FUND #53600 Revenue Leased Equipment ($ 591) ($ 788) Total Radio Comm. Revenue ($ 591) ($ 788) Expenditures Depreciation ($ 591) ($ 788) Total Radio Communications Expenses ($ 591) ($ 788) CLEMIS FUND #53500 Revenue In-Car Terminals Int. ($ 474) ($ 632) Total CLEMIS Revenue ($ 474) ($ 632) Expenditures Depreciation Equipment ($ 474) ($ 632) Total CLEMIS Expenses ($ 474) ($ 632) EQUIPMENT FUND #66400 Revenue Equipment Rental ($ 555) ($ 740) Total Equipment Fund Revenue ($ 555) ($ 740) Expenditures Depreciation Equipment ($ 555) ($ 740) Total Equipment Fund Expenses ($ 555) ($ 740) FINANCE COMMITTEE (The vote for this motion appears on page 69.) *REPORT (MISC. #06013) BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OXFORD The Personnel Committee having reviewed Miscellaneous Resolution #06013 on January 25, 2006, reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #06013 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OXFORD WHEREAS the Charter Township of Oxford has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (Miscellaneous Resolution #03368); and WHEREAS paragraph 24 of this contract provided that an amendment to this contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Charter Township of Oxford Board; and WHEREAS the Charter Township of Oxford has approved a proposed amendment to the contract (Schedule A and A-1) which would delete one (1) Patrol Investigator bringing the new total of contracted positions to sixteen (16); and WHEREAS the Sheriff has agreed to delete one (1) Patrol Investigator for the Charter Township of Oxford under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the deletion of one (1) Patrol Investigator position in accordance with the Oakland County Sheriff's Department Law Enforcement Services Agreement with the Charter Township of Oxford. 67