HomeMy WebLinkAboutResolutions - 1998.11.19 - 25482MISCELLANEOUS RESOLUTION # 98304
BY: FRA /*/ AA 0.5 4 CRA (2.44--N PA4 me-M-
IN RE: COMMUNITY MENTAL HEALTH - AUTHORITY FOR BOARD CHAIRPERSON TO APPROVE
TRANSFER OF ASSETS, DEBTS AND OBLIGATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners has adopted M.R. # 96280 and M.R.
#98215, which together establish, effective January 1, 1999, the Oakland County Community Mental Health
Authority, and dissolves the Oakland County Community Mental Health Agency effective that same date; and
WHEREAS the establishment and operation of a county community mental health authority is
authorized and governed by Section 205 of the Mental Health Code, MCL 330.1205; and
WHEREAS MCL 330.1205 mandates that upon establishment of a county community mental health
authority, all assets, debts, and obligations of the existing county community mental health agency, including
but not limited to equipment, furnishings, supplies, cash, and other personal property, must be transferred by
the creating County to the newly established mental health authority; and
WHEREAS in order to effectuate the statutorily mandated transfer of assets, debts, and obligations
listed above, dozens of contracts, leases. purchase authorizations and other documents and/or instruments
must be negotiated, created. amended, altered and executed by the County and other parties to the
agreements; and
WHEREAS the process of transferring all assets, debts, and obligations of the Oakland County
Community Mental Health Agency to the Oakland County Mental Health Authority needs to be completed by
January 1, 1999; and
WHEREAS the volume of documents to be negotiated, created, approved and executed, the time
necessary for negotiations with third parties, and the Board of Commissioners meeting schedule for the
remainder of 1998, when considered together, make clear that there is insufficient time to follow the Board's
usual procedural rules and bring before the standing committees and full Board of Commissioners all of the
required documents or instruments necessary to effectuate the transfers required by operation of law; and
WHEREAS waiver of the Board's usual rules in regard to these matters is both prudent and justified
given that the Board recognized and acknowledged in the body of M.R. # 96280 their legal obligation to
transfer existing Oakland County Community Mental Health Agency assets, debts, and obligations to the new
Authority.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
waives application of Board of Commissioners Rules to the community mental health agency asset, debt and
obligation transfer activity mandated by MCL 330.1205.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Oakland County Board of Commissioners, on behalf of the Board of Commissioners, to
transfer from the County of Oakland to the Oakland County Community Mental Health Authority, all assets,
debts, and obligations of the County Community Mental Health Agency, including but not limited to equipment,
furnishings, supplies, cash, and other personal property, that are required by operation of MCL 330.1205 to
be so transferred, and authorizes the Chairperson to execute any documents or other instruments necessary
to effectuate the asset, debt and obligation transfers mandated by MCL 330.1205.
Chairperson, I move adoption of the foregoing resolution,
Resolution #98304 November 19, 1998
Moved by Amos supported by Palmer the resolution be adopted.
Discussion followed.
Moved by Kingzett supported by Gregory the resolution be amended in the NOW
THEREFORE BE IT RESOLVED paragraph to add the following at the end of the
paragraph:
These rules are waived until December 31, 1998.
Commissioner McCulloch asked Corporation Counsel's opinion on the sunset
date; Mr. Poisson suggested the first Board meeting in 1999.
Commissioner Kingzett changed the date to January 31, 1999.
Vote on Kingzett's amendment:
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Obrecht,
Taub, Coleman, Gregory, Johnson. (11)
NAYS: Moffitt, Palmer, Schmid, Wolf, Amos, Dingeldey, Douglas, Garfield,
Hoffman, Holbert, Huntoon, Jensen. (12)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Kingzett supported by Holbert the resolution be amended in the BE
IT FURTHER RESOLVED paragraph to add the following at the end of the paragraph:
All transactions authorized in accordance with this resolution shall be
reported to the Board of Commissioners.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory,
Hoffman, Holbert, Huntoon, Jensen, Johnson, Kaczmar. (22)
NAYS: Kingzett. (1)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE.OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on November 19, 1998 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this / 9th day of November 1998.
_ 4 _ I J. Ji
G. William Caddell, County Clerk