OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES

Transcription

1 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES June 28, 2001 Meeting called to order by Chairperson Frank Millard at 9:55 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Brian, Buckley, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (22) ABSENT: Appel, Causey-Mitchell, Coleman. (with notice). (3) Quorum present. Invocation given by Vincent Gregory. Pledge of Allegiance to the Flag. Moved by Suarez supported by Moss the minutes of the June 14, 2001 Board Meeting be approved. A sufficient majority having voted therefor, the minutes were approved as printed. Moved by Sever supported by Palmer the rules be suspended and the agenda be amended, as follows: ITEMS ON PRINTED AGENDA PUBLIC SERVICES COMMITTEE b. Sheriff s Department Contract Amendment #2 For Law Enforcement Services in Highland Township (Reason for suspension for Public Services Committee, item b: Waiver of Rule XII.C. - Personnel Committee meeting immediately before Board meeting). 359

2 ITEMS NOT ON PRINTED AGENDA PLANNING AND BUILDING COMMITTEE d. Certification of Available Disposal Capacity Act 451 Non-Hazardous Solid Wastes, Spring 2001 (Reason for suspension for Planning and Building Committee, item d: Waiver of Rule XII.C. - Planning and Building Committee meeting immediately before Board meeting). Vote on agenda, as amended: AYES: Amos, Brian, Buckley, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (22) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. Chairperson Millard introduced Drain Commissioner John McCulloch, who in turn introduced representatives from Hubbell, Roth & Clark, who did a presentation on the award winning Minnow Pond Drain Project. Commissioner Patterson introduced his grandchildren Lauren Jacobsen and Scott Davidson, outstanding students graduating with honors from Oxford High School. James VanLeuven presented to Commissioner Palmer and Chairperson Millard, plaques recognizing ten years of service. MISCELLANEOUS RESOLUTION #01168 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION CRIMP PROGRAM SAVINGS; DELETION OF FOUR (4) POSITIONS WHEREAS pursuant to Miscellaneous Resolution #93106, the Oakland County Board of Commissioners approved the Cost Reduction Incentive Management Program (CRIMP) to encourage cost reductions and increase the productivity and economic delivery of public services; and WHEREAS the Equalization Division has mounted a concerted effort to employ labor-saving technology in the delivery of assessing and equalization services; and WHEREAS as a result of these initiatives, funded from the Designated Fund Balance for Operation Improvements, the County Executive s Recommended Budget for Fiscal Years 2002/2003 includes the deletion of the following four (4) General Fund/General Purpose positions in the Equalization Division: Position Number Classification Salary/Fringe Equal. Appraiser II Cert. $ 58, Clerk II 31, Clerk II 33, Appraiser Aide 53,866 Total $ 177,098 WHEREAS the position reductions result in an annual savings of $177,098 and are considered recurring savings under the CRIMP Program. Commissioners authorizes the Equalization Division s utilization of the Cost Reduction Incentive Management Program (CRIMP) in the amount of $177,098 in recognition of the savings related to the deletion of four (4) General 360

3 Fund/General Purpose positions as recommended in the County Executive s proposed budget for Fiscal Years 2002/2003. BE IT FURTHER RESOLVED that the General Fund portion of the resultant savings be credited to the Designated Fund Balance for Operational Improvements (Account # ). Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Dingeldey the resolution be adopted. AYES: Brian, Buckley, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #01169 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: OAKLAND COUNTY JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT ACCEPTANCE (JAIBG) WHEREAS Oakland County submitted a multi-departmental grant application under the Fiscal Year 2001 Juvenile Accountability Incentive Block Grant Program to the Michigan Family Independence Agency for assistance in increasing the accountability of juvenile criminal offenders; and WHEREAS the Michigan Family Independence Agency approved the application and awarded Oakland County a federal pass-through grant totaling $602,142 of which $541,928 is from the State, as a Federal pass-through, and the balance, $60,214 is the County s match amount; and WHEREAS the grant award provides continued funding of the Fiscal Year 2000 programs and for the creation of four (4) new positions which include one (1) SR Probation Officer I position for the Prosecutor s Teen Court Program, one (1) SR Para-legal position for the Prosecutor s Teen Court Program, one (1) SR Community Corrections Specialist I position for the Community Correction s In-Step Program and one (1) Social Worker I position for Prosecutor s School Violence Program; and WHEREAS the award also provides funding for the operating and other expenses related to these positions and programs; and WHEREAS the Community Corrections Division and the Prosecuting Attorney are experiencing favorable controllable personnel variances through the second quarter of Fiscal Year 2001 due to turnover, and the Circuit Court is experiencing favorable controllable operating variances through the same time period due to improved defense attorney payments; and WHEREAS this favorability can be used to cover the required County match; and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the contract has been approved by the County Executive s Contract Review Process. Commissioners accepts the Juvenile Accountability Incentive Block Grant (JAIBG) in the total amount of $602,142 with $541,928 from the State and 361

4 $60,214 as the required County Match for the period of June 1, 2001, through May 31, BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes the creation of one (1) SR Probation Officer I position for the Prosecutor s Teen Court Program, one (1) SR Para-legal position for the Prosecutor s Teen Court Program and one (1) Social Worker I position for the Prosecutor s School Violence Program, in the Juvenile Unit of the Prosecutor s Office. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners also authorizes the creation of one (1) SR Community Corrections Specialist I position for the In-Step Program in the Court Community Services Unit of the Community Corrections Division. BE IT FURTHER RESOLVED the 2001 Adopted Budget be amended as follows: Grant Funding Sources 17-XXXXXX-XXXXX-0171 Grants-State $ 541, XXXXXX-XXXXX-2872 Grant Match $ 60,214 $ 602,142 Grant Appropriations Community Corrections In-Step Program 17-XXXXXX-XXXXX-2001 Salary $ 114, XXXXXX-XXXXX-2075 Fringe Benefits $ 40, XXXXXX-XXXXX-3324 Printing $ 2, XXXXXX-XXXXX-6675 Telephone Comm. $ 2,996 Prosecuting Attorney Teen Court Program 41-XXXXXX-XXXXX-2001 Salary $ 89, XXXXXX-XXXXX-2075 Fringe Benefits $ 35, XXXXXX-XXXXX-6636 Info Tech Oper. $ 6, XXXXXX-XXXXX-3324 Printing $ 2, XXXXXX-XXXXX-4284 Postage $ 10, XXXXXX-XXXXX-6675 Telephone Comm. $ 2,136 Prosecuting Attorney School Violence Program 41-XXXXXX-XXXXX-2001 Salary $ 34, XXXXXX-XXXXX-2075 Fringe Benefits $ 13, XXXXXX-XXXXX-3292 Personal Mileage $ 2, XXXXXX-XXXXX-6636 Info Tech Oper. $ 5, XXXXXX-XXXXX-3324 Printing $ XXXXXX-XXXXX-4252 Office Supplies $ XXXXXX-XXXXX-3348 Professional Serv. $ 3,333 Circuit Court Start Project 35-XXXXXX-XXXXX-3348 Professional Serv. $ 96,731 Circuit Court Stride Project 35-XXXXXX-XXXXX-3348 Professional Serv. $ 62,500 Circuit Court Start Clean Program 35-XXXXXX-XXXXX-3348 Professional Serv. $ 76,667 $ 602,142 Grant Match Transfer General Fund Salary ($ 16,258) Salary ($ 20,473) Defense Atty. Fee ($ 23,483) ($ 60,214) Grant Fund 17-XXXXXX-XXXXX-2872 Grant Match $ 60,214 $ 0 BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and to approve 362

5 amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that future level of service, including personnel, will be contingent upon the level of funding available from the State for this program. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Oakland County Grant Application Summary Report on file in County Clerk s office. The Chairperson referred the resolution to the Public Services and Personnel Committees. There were no objections. MISCELLANEOUS RESOLUTION #01170 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: COMMUNITY AND HOME IMPROVEMENT DIVISION ANNUAL ACTION PLAN AND CONSOLIDATED GRANT ACCEPTANCE FOR CDBG, HOME AND ESG PROGRAMS AND ANNUAL ACTION PLAN AMENDMENTS WHEREAS The Oakland County Board of Commissioners authorized submittal of the Oakland County Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) by Miscellaneous Resolution #00043; and WHEREAS the Annual Action Plan contains a consolidated federal grant application for activities designed to accomplish the goals and objectives of the Consolidated Plan for the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program and Emergency Shelter Grant (ESG) Program; and WHEREAS HUD by letter dated April 26, 2001 transmitted to Oakland County a consolidated allocation of $6,556,000 including $4,924,000 for CDBG, $1,490,000 for HOME and $142,000 for ESG covering the program year beginning May 3, 2001, through May 2, 2002; and WHEREAS the Oakland County Community and Home Improvement Division estimates the generation of $1,400,000 in CDBG Revolving Loan Funds and Community Program Income of $3,873 for allocation in program year ; and WHEREAS total program revenue for the CDBG Program will be $6,327,873; and WHEREAS total program revenues for the HOME Program will be $2,275,250 including $1,490,000 grant allocation, $335,250 grant match and $450,000 in estimated Revolving Loan Funds for allocation in program year ; and WHEREAS $299,250 that has been included in the Oakland County Adopted Budget for the HOME Program match requires an additional county match amount of $36,000 for a total of $335,250; and WHEREAS total program revenues for the ESG Program will be $142,000; and WHEREAS fund schedules and program descriptions for the CDBG, HOME and ESG programs appear in attachments A, B, C, and D; and WHEREAS the CDBG and ESG grants are 100 percent federally funded and no County funds are required; and WHEREAS the CDBG, HOME and ESG grant contracts have been reviewed and approved through the County Executive Contract Review Process; and WHEREAS 2001 budget amendments for the CDBG, HOME and ESG grants acceptance will be requested by resolution in 2002 after compilation of additional information and fiscal year closing; and WHEREAS the Oakland County Board of Commissioners accepted the Annual Action Plan that included a CDBG allocation of $4,768,000, a revolving loan amount of $1,382, and $43, in community program income for a total of $6,193, and a HOME grant allocation of 363

6 $1,330,000, $299,250 grant match and $475,300 in estimated revolving loans; and WHEREAS an additional $1,496, in CDBG revolving loan funds has been realized for the period of January 1, 2000, through April 30, 2001; and WHEREAS the revised funding for Program Year for the Community Development Block Grant is $7,689,708.51; and WHEREAS the Oakland County HOME Investment Partnerships Program generated $403,234 in revolving loan funds and $121,627 in Community Housing Development Organization (CHDO) revolving loan funds for revised funding of $2,154,111 for the HOME Program Year. Commissioners accepts the consolidated grants totaling $6,556,000, $1,400,000 in estimated County CDBG Revolving Loan Funds, $3,873 in Community Program Income, $450,000 in estimated HOME Revolving Loan Funds and County match of $335,250 for a total of $8,745,123. BE IT FURTHER RESOLVED that the Oakland County Adopted Budget be amended as follows: Contingency ($36,000) Local Match 36,000 $ -0- BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners accepts the $1,496, in CDBG Revolving Loan Funds generated in the period of January 1, 2000, through April 30, 2001, and $403,234 in HOME Revolving Loan Funds and $121,627 in CHDO revolving loans generated during the program year. BE IT FURTHER RESOLVED that the future level of service, including personnel, is contingent upon the level of Federal funding available for these programs. BE IT FURTHER RESOLVED that acceptance of these grants does not obligate the County to any future commitment. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the Board of Commissioners Chairperson and the County Executive to execute the grant agreements per Miscellaneous Resolution #89105, as amended, and to approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with the agreement as originally approved. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Contract/Program Review Request, Attachment A - Consolidated Grant Award from the U.S. Department of Housing and Urban Development CDBG, Home and ESG Allocations, Attachment B Community Development Block Grant Allocation, Attachment C Home Investment Partnership Program (Home) Allocation, Attachment D Emergency Shelter Grant Program Allocation on file in County Clerk s office. Moved by Douglas supported by Palmer the resolution be adopted. AYES: Buckley, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #01171 BY: General Government Committee, William R. Patterson, Chairperson IN RE: FIFTY-SECOND DISTRICT COURT APPROVAL OF MAGISTRATE DANA L. FORTINBERRY 364

7 WHEREAS the Oakland County Board of Commissioners has provided for magistrates for the Fifty-Second District Court; and WHEREAS the Judges of the Fifty-Second District Court have appointed Dana L. Fortinberry to serve as a magistrate for the Fifty-Second District Court; and WHEREAS MCL (1) provides that magistrate appointments be approved by the County Board of Commissioners. Commissioners hereby approves the appointment of Dana L. Fortinberry to act as a magistrate for the Fifty-Second District Court. Chairperson, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Dana L. Fortinberry resume on file in County Clerk s office. Moved by Patterson supported by Garfield the resolution be adopted. AYES: Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #01172 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: COMMUNITY AND HOME IMPROVEMENT DIVISION CONTRACT WITH OAKLAND LIVINGSTON HUMAN SERVICES AGENCY (OLHSA) FOR ENERGY EDUCATION AND WEATHERIZATION SERVICES WHEREAS the Oakland County Community Development Block Grant (CDBG) program has among its objectives the provision of decent housing, a suitable living environment, and expanded opportunities, principally for low-and moderate-income persons; and WHEREAS the Oakland Livingston Human Service Agency (OLHSA) has carried out over the past several years a program known as Project Warmth, which provides both energy education and home weatherization services for low- and moderate-income persons; and WHEREAS the County has helped fund this program since 1978; and WHEREAS this cooperative program makes it possible to assist low-income persons, handicapped persons, and senior citizens in meeting energy conservation needs through conservation and education methods utilized in Project Warmth; and WHEREAS the Oakland County Citizens' Advisory Council unanimously approved the attached contract by a vote of 10 yeas at their June 13, 2001 meeting; and WHEREAS the contract has been reviewed and approved as to form by the Office of Corporation Counsel, the Personnel Department, the Department of Management and Budget, and Risk Management in accordance with the County Executive's contract review procedure. Commissioners authorize the attached contract with the Oakland Livingston Human Service Agency for the implementation of: (A) Home weatherization in 365

8 the amount of $48,357, and (B) Energy education in the amount of $14,143, the total contract not to exceed $62,500. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize both the County Executive and the Chairperson of the Board of Commissioners to execute the agreement between Oakland County and OLHSA. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the forgoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Attachment on file in County Clerk s office. Moved by Palmer supported by Melton the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley, Crawford. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #01173 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: COMMUNITY AND HOME IMPROVEMENT DIVISION 2001 EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACTS WITH SOUTH OAKLAND SHELTER, LIGHTHOUSE PATH, HAVEN, INC., THE COMMON GROUND SANCTUARY (A STEP FORWARD PROJECT), AND NEW BETHEL OUTREACH MINISTRY WHEREAS homelessness is a serious national, state, and local problem; and WHEREAS the Congress of the United States, recognizing this problem, passed the Stewart B. McKinney Homeless Assistance Act in 1987, and subsequent amendments; and WHEREAS the U.S. Department of Housing and Urban Development (HUD), on May 3, 2001, awarded Oakland County an Emergency Shelter Grant formula allocation of $142,000 for the 2001 program year, to be allocated within 180 days of receipt; and WHEREAS the receipt of ESG funds allows the County to contract with homeless shelters to reimburse them for the overnight shelter, food, furnishings, and transportation services they provide to homeless clients, as well as the shelters' office and organizational support expenses; and WHEREAS Oakland County is eligible to take 5% of the grant for administrative purposes, but has elected not to, so that the maximum amount can be allocated to the shelters; and WHEREAS the Oakland County Citizens Advisory Council for Community and Home Improvement Division has approved funding factors based upon shelter utilization, residency, and capacity to determine grant awards; and WHEREAS five shelters in Oakland County have applied for 2001 ESG funds: South Oakland Shelter, Lighthouse PATH, HAVEN, Inc., the Common Ground Sanctuary (A Step Forward Project), and New Bethel Outreach Ministry; and WHEREAS each of these shelters have demonstrated needs for funding; and WHEREAS the County wishes to enter into contracts with each of the five shelters to provide them with 2001 ESG funds in the following amounts: South Oakland Shelter ($40,811), Lighthouse PATH ($26,142), HAVEN, Inc. ($50,268), the Common Ground Sanctuary (A Step Forward Project) ($6,276), and New Bethel Outreach Ministry ($18,503), [see attached contracts]; and 366

9 WHEREAS the Oakland County Citizens Advisory Council for Community and Home Improvement approved the above funding amounts by a vote of 10 yeas at their June 13, 2001 meeting; and WHEREAS the contracts have been reviewed and approved as to form by the Office of Corporation Counsel, the Personnel Department, the Department of Management and Budget, and Risk Management in accordance with the County Executive's contract review procedure. Commissioners authorizes the agreements with each of the above-mentioned homeless shelters in the combined sum of $142,000. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize both the County Executive and the Chairperson of the Board of Commissioners to execute the agreement between Oakland County and the homeless shelters. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Attachments on file in County Clerk s office. Moved by Palmer supported by Gregory the resolution be adopted. AYES: Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley, Crawford, Dingeldey. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (MISC. #01165) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE BUILDING 52 ND DISTRICT COURT, THIRD DIVISION AND COUNTY SHERIFF SUBSTATION LOCATED IN THE CITY OF ROCHESTER HILLS, OAKLAND COUNTY, MICHIGAN The Finance Committee, having reviewed the above referenced resolution on June 21, 2001, reports with the recommendation that the resolution be adopted with the following amendments: 1. NOW THEREFORE BE IT RESOLVED paragraph: add a #10 paragraph to read: ALL ACTIVITIES INVOLVED IN THE PLANNING AND CONSTRUCTION OF THIS PROJECT UNDER THIS RESOLUTION SHALL COMPLY WITH THE STANDING RULES OF THE BOARD OF COMMISSIONERS. 2. Amend LEASE CONTRACT: a) 4. Funds Remaining After Completion - Any unexpended balance of the proceeds of the sale of the Bonds remaining after completion of the Project may be used to improve or enlarge the Project or for other projects of the Authority upon the approval of the Planning and Building Committee of the Board of Commissioners provided that such use of the funds in the acquisition fund has been approved by the Municipal Finance Division of the Michigan Department of Treasury, if necessary, and the County. Any unexpended balance not so used shall be paid into the bond and interest redemption fund, and the County shall receive a credit against the cash rental payments next due under 367

10 this Lease to the extent of the monies so deposited in the manner provided in the Bond Resolution. b) 14. Alterations of Project - The County, in its sole discretion, may install or construct in or upon, or may remove from the Project, any equipment, fixtures or structures, and may make any alterations to or structural changes in, the Project as the County may desire IN ACCORDANCE WITH THE STANDING RULES OF THE BOARD OF COMMISSIONERS. c) Delete all of paragraph 24, including (1) and (2). Chairperson, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #01165 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE BUILDING 52 nd DISTRICT COURT, THIRD DIVISION AND COUNTY SHERIFF SUBSTATION LOCATED IN THE CITY OF ROCHESTER HILLS, OAKLAND COUNTY, MICHIGAN WHEREAS there have been prepared and presented to the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), conceptual documents describing the project to construct, equip and furnish buildings and appurtenances located in the County of Oakland (the "Project"), all as more fully described in EXHIBIT A to the Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of July 1, 2001 (the "Lease Contract"), pursuant to which the Authority will construct, furnish, and equip the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and lease the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS it has been estimated that the period of usefulness of the Project to be not less than 35 years and that the total cost of equipping the Project (as defined in the Lease Contract) in an amount not to exceed $23,300,000 of which not to exceed $23,300,000 will be provided by the proceeds from the sale of bonds by the Authority pursuant to Act 31; and WHEREAS the County proposes to undertake the Project and to request the Authority to incur taxable or tax-exempt debt (the "Reimbursement Obligations") to finance all or a portion of the costs of the Project; and WHEREAS the County may make certain expenditures for said Project prior to issuance of the Reimbursement Obligations and may wish to use the proceeds of the Reimbursement Obligations to reimburse all or a portion of said expenditures; and WHEREAS it is in the public interest and for the public benefit that the County designate an authorized officer for the purposes of declaring official intent of the County with respect to expenditures; and WHEREAS there has been prepared and attached hereto as APPENDIX I a form of Lease Contract and as APPENDIX II a form of notice entitled "NOTICE OF INTENTION OF THE COUNTY OF OAKLAND TO ENTER INTO A LEASE CONTRACT WITH THE OAKLAND COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TO PETITION FOR REFERENDUM THEREON" (the "Notice of Intention"). NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 368

11 1. The conceptual documents and estimates relating to the Project and identified in EXHIBIT A to APPENDIX I hereto are hereby approved and ordered filed with the County Clerk. 2. The Lease Contract in the form of APPENDIX I hereto is hereby approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County. Final plans and project description shall be approved by the Planning and Building Committee of the Board of Commissioners before they are attached to the Lease contract to be executed. 3. It is hereby determined that the Notice of Intention provides information sufficient to adequately inform the electors and taxpayers of the County of the nature of the contractual obligations to be undertaken by the County in the Lease Contract and of their right under Act 31 to file a petition requesting a referendum election on the Lease Contract. 4. The form and content of the Notice of Intention are hereby approved, and the County Clerk is hereby authorized and directed to cause the Notice of Intention to be published once in the Oakland Press, Pontiac, Michigan, a newspaper of general circulation within the County which is hereby determined to be the newspaper reaching the largest number of electors and taxpayers of the County. The Notice shall be at least one third of a page in size. 5. The Treasurer of the County is hereby authorized to declare official intent of the County with respect to reimbursement. 6. Each declaration of official intent shall be substantially in the form set forth in APPENDIX III attached hereto and by this reference incorporated herein, and said form may be modified from time to time on the advice of bond counsel to the County and as necessary to conform to requirements of our reimbursement regulations as the same may be adopted by the Internal Revenue Service or amended from time to time, or with the requirements of applicable rulings or regulations relating to tax-exempt borrowings. 7. The Treasurer is hereby directed to file each declaration of official intent in the office of the Oakland County Clerk, which location constitutes the customary location of the records of the Authority which are available to the general public. 8. The Oakland County Clerk is further directed to assure that each declaration of intent is continuously available during normal business hours of the County on every business day of the period beginning the earlier of 10 days after the date of execution of said declaration of intent and ending on the date of issuance of the Reimbursement Bonds. 9. The County Treasurer or Bond Counsel or either of them, are authorized to execute and submit the Notice of Intent Forms required by the State of Michigan, Department of Treasury ("Treasury") to pay the related fee, to request an order providing an exception from prior approval from the Treasury, and to execute and deliver such other documents as may be requested by the Treasury. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appendix I Lease Contract, Appendix A Continuing Disclosure Certificate, Exhibit A to Lease Contract, Exhibit B to Lease Contract, Exhibit A Project Description, Appendix II Notice of Intention of the 369

12 County and Appendix III Form of Declaration of Official Intent on file in County Clerk s office. FISCAL NOTE (MISC. #01165) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE BUILDING 52 ND DISTRICT COURT, THIRD DIVISION AND COUNTY SHERIFF SUBSTATION LOCATED IN THE CITY OF ROCHESTER HILLS, OAKLAND COUNTY, MICHIGAN Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Oakland County Building Authority to issue Building Authority Bonds in the aggregate principal amount of not to exceed $23,300,000 for the purpose of constructing, furnishing and equipping the 52 nd District Court, Third Division and County Sheriff Substation Project. 2. The statutory limit for County debt is $5,243,736,583 (10% of current State Equalized Value). As of May 31, 2001 the total outstanding County pledged credit is $241,921,597, or approximately.46% of the S.E.V. 3. The Building Authority bonds shall bear interest at a rate or rates that will result in a net interest cost not exceeding 8% per annum. 4. Funding for the principal and interest payments by the County will be provided in the Fiscal Year 2002 and Fiscal Year 2003 Budget. 5. The construction cost of the County Sheriff Substation will be reimbursed to the County by the City of Rochester Hills. Annual maintenance and operational expenses for the Substation will also be the responsibility of the City of Rochester Hills. FINANCE COMMITTEE Moved by Palmer supported by Taub the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Palmer supported by Douglas the resolution be adopted. Moved by Palmer supported by Garfield the resolution be amended to coincide with the recommendation in the Finance Committee Report. Discussion followed. Moved by McPherson supported by Gregory the resolution be amended to separate items: Court and Sub-Station. Discussion followed. Vote on amendment to separate: AYES: Gregory, McPherson, Moss, Suarez. (4) NAYS: Galloway, Garfield, Law, Millard, Moffitt, Obrecht, Palmer, Patterson, Sever, Taub, Webster, Amos, Brian, Buckley, Crawford, Dingeldey, Douglas. (17) A sufficient majority not having voted therefor, the amendment failed. 370

13 Vote on amendment to coincide: A sufficient majority having voted therefor, the amendment to coincide carried. Vote on resolution as amended: AYES: Garfield, Gregory, Law, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley, Crawford, Dingeldey, Douglas, Galloway. (20) NAYS: McPherson. (1) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #01174 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: SOLID WASTE - CERTIFICATION OF AVAILABLE DISPOSAL CAPACITY ACT 451 NON-HAZARDOUS SOLID WASTES SPRING, 2001 WHEREAS Oakland County's 1994 Amendments to the 1990 Solid Waste Management Plan Update require that annually, on or before June 30, the Board demonstrate and certify available remaining disposal capacity for all Act 451 non-hazardous solid wastes generated within the County; and WHEREAS a finding that sufficient capacity is available (more than 66 months beyond June 30) equates to a moratorium during the following year on the use of the interim siting mechanism contained in the 1994 Amendments for the siting of additional landfill capacity in the County; and WHEREAS Act 451 as amended, concludes that failure to adopt a required annual certification is equivalent to a finding that less than a sufficient amount of capacity is available and the interim siting mechanism will then be operative on the first day of the following January; and WHEREAS a review has been conducted of the current and projected Act 451 non-hazardous waste stream generated within the county, the current volume reduction efforts being achieved by the County's residents and businesses, current inter-county flow arrangements and of available remaining disposal capacity both within the County and within nearby counties; and WHEREAS the analysis contained in the County Executive's report titled "Demonstration of Available Disposal Capacity - June 28, 2001" shows clearly that disposal capacity is available for the County's Act 451 non-hazardous waste stream beyond December 31, 2006 (which date is 66 months beyond June 30, 2001) as is summarized on the Exhibit attached. Commissioners hereby certifies that sufficient disposal capacity exists so that the interim siting mechanism for the siting of additional landfill capacity within the County as contained within the 1994 Amendments to the 1990 Solid Waste Management Plan Update will not become operational until January 1, 2003 or later, such date to be identified in a future certification. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Moved by Palmer supported by Sever the resolution be adopted. 371

14 AYES: Gregory, Law, McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley, Crawford, Dingeldey, Douglas, Galloway, Garfield. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. FISCAL REPORT (MISC. #01096) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: 52 nd DISTRICT COURT, FIRST AND SECOND DIVISION AUTHORIZATION FOR AN ADDITIONAL JUDGESHIP; TRANSFER OF ONE JUDGESHIP FROM THE FIRST TO SECOND DIVISION; AND TRANSFER OF ROSE AND WHITE LAKE TOWNSHIPS FROM FIRST TO SECOND DIVISION EFFECTIVE JANUARY 1, 2003 The Finance Committee, having reviewed the above referenced resolution reports that the financial implications, including the number and classifications of any recommended positions, necessary operating, and capital improvements, of the resolution will be addressed during the upcoming Fiscal Year 2002 and 2003 budget process. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE REPORT (MISC. #01096) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: 52 ND DISTRICT COURT, FIRST AND SECOND DIVISION AUTHORIZATION FOR AN ADDITIONAL JUDGESHIP; TRANSFER OF ONE JUDGESHIP FROM THE FIRST TO SECOND DIVISION; AND TRANSFER OF ROSE AND WHITE LAKE TOWNSHIPS FROM FIRST TO THE SECOND DIVISION EFFECTIVE JANUARY 1, 2003 The Personnel Committee, having reviewed the above referenced resolution on June 6, 2001, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (MISC. #01096) BY: General Government Committee, William Patterson, Chairperson IN RE: 52 nd DISTRICT COURT, FIRST AND SECOND DIVISION - AUTHORIZATION FOR AN ADDITIONAL JUDGESHIP; TRANSFER OF ONE JUDGESHIP FROM THE FIRST TO SECOND DIVISION; AND TRANSFER OF ROSE AND WHITE LAKE TOWNSHIPS FROM FIRST TO THE SECOND DIVISION EFFECTIVE JANUARY 1, 2003 The General Committee, having reviewed the above referenced resolution on April 30, 2001, reports with the recommendation to approve the resolution. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE 372

15 REPORT (MISC. #01096) BY: Public Services Committee, David Moffitt, Chairperson IN RE: 52 nd DISTRICT COURT, FIRST AND SECOND DIVISION - AUTHORIZATION FOR AN ADDITIONAL JUDGESHIP; TRANSFER OF ONE JUDGESHIP FROM THE FIRST TO SECOND DIVISION; AND TRANSFER OF ROSE AND WHITE LAKE TOWNSHIPS FROM FIRST TO THE SECOND DIVISION EFFECTIVE JANUARY 1, 2003 The Public Services Committee, having reviewed Miscellaneous Resolution #01096 on April 10, 2001, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #01096 BY: Hugh D. Crawford, District 17, William R. Patterson, District 1, William Brian, District 10, David N. Galloway, District 2, Nancy Dingeldey, District 11, Frank H. Millard, District 4, Lawrence A. Obrecht, District 3, David Moffitt, District 18, Thomas Law, District 13, Terry Sever, District 19, John Garfield, District 9, Shelley Taub, District 12 IN RE: 52 nd DISTRICT COURT, FIRST AND SECOND DIVISION - AUTHORIZATION FOR AN ADDITIONAL JUDGESHIP; TRANSFER OF ONE JUDGESHIP FROM THE FIRST TO SECOND DIVISION; AND TRANSFER OF ROSE AND WHITE LAKE TOWNSHIPS FROM FIRST TO THE SECOND DIVISION EFFECTIVE JANUARY 1, 2003 WHEREAS Acts No. 447 and 448 of the Public Acts of 2000 allow for the creation of an additional judgeship in the First Division of the 52 nd District Court to be elected in the November General Election of 2002 and take office January 1, 2003; and WHEREAS if the Oakland County Board of Commissioners approves the additional judgeship, Act 448 transfers the judgeship whose term expires January 1, 2005, permanently from the First Division to the Second Division effective January 1, 2003 which effectively provides two judges for the Second Division of the 52 nd District Court after January 1, 2003; and WHEREAS Act 448 transfers Rose and White Lake Townships from the jurisdiction of the First Division to the Second Division of the 52 nd District Court effective January 1, 2003; and WHEREAS Michigan Statutes as amended, MCL , MSA 27a.8175 require the local control unit to confirm the creation of such judgeship by resolution. Commissioners authorizes the creation of an additional judgeship for the First Division of the 52 nd District Court effective January 1, BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners confirms the transfer of the judgeship whose term expires January 1, 2005 from the First to the Second Division and the transfer of Rose and White Lake Townships from the jurisdiction of the First Division to the Second Division, effective January 1, 2003, which will result in the Second Division of the 52 nd District Court having two permanent judge positions after January 1, BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners agrees to provide and maintain facilities, personnel, and operating costs to operate the court in accordance with Statutes of the State of Michigan and the Michigan Court Rules. 373

16 BE IT FURTHER RESOLVED that the Clerk is directed to file a copy of this resolution with the Supreme Court Administrator. Chairperson, I move the adoption of the forgoing resolution. Hugh D. Crawford, William Brian, David N. Galloway, William R. Patterson, Frank H. Millard, Lawrence A. Obrecht, Nancy Dingeldey, David Moffitt, Thomas Law, Terry Sever, John P. Garfield, Shelley Taub Moved by Moffitt supported by Galloway the Finance, Personnel, General Government and Public Services Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Moffitt supported by Galloway the resolution be adopted. AYES: Law, McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (MISC. #01166) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: SHERIFF'S DEPARTMENT CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN HIGHLAND TOWNSHIP The Personnel Committee, having reviewed the above referenced resolution on June 28, 2001, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. MISCELLANEOUS RESOLUTION #01166 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN HIGHLAND TOWNSHIP WHEREAS the Charter Township of Highland has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (Miscellaneous Resolution #98011); and WHEREAS paragraph 23 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 Highland Board; and WHEREAS the Charter Township of Highland has approved a proposed amendment to the contract (Schedule A-Sheriff's Deputies Contracted) which would add one (1) Lieutenant and bring the total number of contracted staff to nineteen (19); and 374

17 WHEREAS the Sheriff has agreed to add one (1) Lieutenant for the Charter Township of Highland under the terms of this contract. Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department Law Enforcement Services Agreement with the Charter Township of Highland to add one (1) Lieutenant. BE IT FURTHER RESOLVED that one (1) Lieutenant position be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff's Department. BE IT FURTHER RESOLVED that one (1) unmarked vehicle (with mobile and prep) be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on June 30, Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Charter Township of Highland Schedule A, Schedule A-1, and Oakland County Sheriff s Department Law Enforcement Services Agreement with Charter Township of Highland on file in County Clerk s office. FISCAL NOTE (MISC. #01166) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF S DEPARTMENT-CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN HIGHLAND TOWNSHIP Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above named Miscellaneous Resolution and finds: 1. The Charter Township of Highland wishes to amend its contract with the Oakland County Sheriff for law enforcement services to the township beginning June 30, 2001, by adding one (1) Lieutenant position to the Contracted Patrol Unit, Patrol Services Division bringing the total number of contracted personnel to nineteen (19). 2. Operating costs and offsetting revenues equal $25,620 for Fiscal Year 2001, and $104,726 for Fiscal Year This amendment will require the addition of one (1) unmarked vehicle with mobile and prep radios to the County fleet. Funds are available in the non-departmental contingency account to cover the capital costs. 4. Budget amendments for Fiscal Year 2001 are recommended below. The Fiscal Year 2002 and Fiscal Year 2003 impact will be incorporated into the County Executive Recommended Budget. FY 2001 FY Pays Fund Dept OCA PCA Object SALARY TOTAL $14,992 $ 61, FRINGE BENEFIT TOTAL $ 6,689 $ 27,341 TOTAL Radio Rental $ 334 $ 1, Transportation $ 1,665 $ 6, Deputy Supplies $ 106 $ Uniform Cost $ 109 $ Info Tech Operations $ 45 $ Liability Ins $ 513 $ 2,

18 OPERATING TOTAL $ 2,772 $ 11, CLEMIS $ 54 $ Dispatch $ 1,113 $ 4,551 OPER. SUPPORT TOTAL $ 1,167 $ 4,773 TOTAL COST $25,620 $104, Contract Revenue $25,620 $104,726 Capital Costs Motor Pool Transfer $20, Radio Transfer 4, Computer Transfer 2, Contingency (27,558) $ -0- MOTOR POOL FUND Revenue Leased Equipment $ 1,665 $ 6,806 Operating Transfer Operating Transfer In 20,773 $22,438 $ 6,806 Expense Depreciation $ 1,665 $ 6, Leased Vehicles 20,773 $22,438 $ 6,806 RADIO COMMUNICATIONS FUND Revenue Leased Equipment $ 334 $ 1,363 Operating Transfer Operating Transfer In 4,335 $ 4,669 $ 1,363 Expense Depreciation $ 334 $ 1,363 General Ledger Est. Profit/Loss 4,335 $ 4,669 $ 1,363 INFO TECH - CLEMIS FUND Revenue In-Car Terminals $ 45 $ 184 Operating Transfer Operating Transfer In 2,450 $ 2,495 $ 184 Expense Depreciation $ 45 $ 184 General Ledger Est. Profit/Loss 2,450 $ 2,495 $ 184 FINANCE COMMITTEE Moved by Moffitt supported by Brian the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Moffitt supported by Brian the resolution be adopted. AYES: McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law. (21) NAYS: None. (0) 376

19 A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #01175 BY: Charles E. Palmer, District #16, George W. Suarez, District #24 IN RE: BOARD OF COMMISSIONERS SUPPORT FOR MAINTAINING THE RED OAKS GOLF COURSE AS A PART OF THE OAKLAND COUNTY PARKS SYSTEM WHEREAS the Red Oaks Golf Course, located in Madison Heights, has been a part of the Oakland County Parks system for nearly 30 years; and WHEREAS literally thousands of Oakland County citizens who reside in the southeast section of Oakland County have enjoyed the use of that Course; and WHEREAS the Golf Course has been closed due to required environmental drainage construction; and WHEREAS the citizens of the 14 communities pay approximately $3,300,000 in county parks tax each year; and WHEREAS the interests of Oakland County citizens would best be served by rebuilding the Red Oaks Golf Course. Commissioners hereby strongly urges the Oakland County Parks and Recreation Commission to lease or purchase the required land in order to restore, by whatever means necessary, the Red Oaks Golf Course. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Oakland County Parks and Recreation Commission and to all Oakland County governmental units. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. CHARLES PALMER, GEORGE SUAREZ, JOHN GARFIELD, WILLIAM PATTERSON, WILLIAM BRIAN, DAVID GALLOWAY, VINCENT GREGORY, HUGH CRAWFORD, RUEL McPHERSON, TIM MELTON, TERRY SEVER The Chairperson referred the resolution to the Planning and Building, General Government and Finance Committees. There were no objections. MISCELLANEOUS RESOLUTION #01176 BY: Commissioner Frank Millard, Jr., District #4 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF THE VILLAGE OF CLARKSTON - OPTIONAL ACCELERATED PAYMENT SCHEDULE ALLOCATION WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to Miscellaneous #00035, the Board of Commissioners modified the Environmental Infrastructure Funds Disbursement Policy by authorizing an Optional Accelerated Payment Schedule by which communities may request their remaining years payment in advanced, at a discounted rate, with 377