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HomeMy WebLinkAboutResolutions - 2002.07.18 - 26828MISCELLANEOUS RESOLUTION #02173 July 18, 2002 BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS - METROPOLITAN ARTS AND CULTURE COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Metropolitan Councils Act, Public Act 292 of 1989, being MCL 124.651 through 124.729; NSA 5.4086(51) through MSA 5.4086(129) (the " Act" ) was amended by Public Act 375 of 1998, being MCL 124.693 through 124.713; MSA 5.4086(93) through MSA 5.4086(113), to authorize the creation of a metropolitan region council which shall consist of one (1) or more qualified cities and two (2) or more qualified counties; and WHEREAS Section 43(h) of the Act, defines " qualified county" as a county with a population of not less than 780,000 which contains a qualified city within its geographic boundaries or is contiguous to a county with a qualified city within its geographic boundaries; and WHEREAS Section 43(g) of the Act, defines " qualified city" as a city with a population of not less than 700,000 persons which is located within a participating qualified county and which owns two (2) or more regional cultural institutions; and WHEREAS Section 43(i) of the Act, defines a " regional cultural institution" as a structure, fixture, or activity provided by a tax exempt entity that has been in existence for at least eighteen (18) consecutive months and which may include a zoological institute; a science center, whether or not it is affiliated with a private educational institution; a public broadcast station, whether or not the public broadcast station is affiliated with an institution of higher education; a museum, whether or not it is affiliated with a private educational institution; a historical center; a performing arts center; a visual or performance art instruction center affiliated with an independent institution of higher education in the arts; an orchestra; a chorus; a chorale; or an opera theater; and WHEREAS Section 45(1) of the Act, being MCL 124.695(1); MSA 5.4086(95)(1), provides that two or more qualified counties in combination with one another and with one or more qualified cities may form a metropolitan region council where each qualified city and qualified county which seeks to participate: 1) adopts a resolution declaring an intent to participate in the formation of the council, and 2) adopts articles of incorporation in accordance with sections 47 and 49 of the Act, being respectively, MCL 124.697; NSA 5.4086(97) and MCL 124.699; NSA 5.4086.99; and WHEREAS Oakland County is a qualified county within the meaning of the Act; and WHEREAS the Oakland County Board of Commissioners recognizes the critical importance of allowing the residents of Oakland County to determine whether their tax dollars should support the operation of a metropolitan region council which will distribute funds to nonprofit regional cultural institutions and fund local culture and recreation programs operating in Oakland and Wayne Counties; and WHEREAS as required by the Act, proposed Articles of Incorporation of Metropolitan Arts and Culture Council have been published at least once in a newspaper generally circulated in the County of Oakland. NOW THEREFORE BE IT RESOLVED that pursuant to Section 45(1)(a) of the Act, the Oakland County Board of Commissioners does hereby adopt this resolution declaring an intent to participate in the formation of a metropolitan region council. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners declares its intent to place before the voters of Oakland County a ballot question allowing taxpayers to determine if a 0.5 mil ad valorem tax should be levied to support the Metropolitan Arts and Culture Council, the regional cultural institutions it would fund, and local cultural and recreational programs. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby adopt the attached Articles of Incorporation of Metropolitan Arts and Culture Council. BE IT FURTHER RESOLVED that pursuant to Section 45(2) of the Act, the Chief Executive Officer of the County of Oakland is directed to appoint, with the concurrence of the Board of Commissioners of the County of Oakland, three individuals to serve as representatives of the County of Oakland on the Metropolitan Arts and Culture Council board. BE IT FURTHER RESOLVED that one of the three appointed by the Chief Executive Officer of Oakland County shall be Chairperson of the Oakland County Board of Commissioners. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE General Government Committee Vote: Motion carried on a roll call vote with Patterson, Webster and Middleton voting no. ARTICLES OF INCORPORATION OF METROPOLITAN ARTS AND CULTURE COUNCIL Pursuant to the provisions of Public Act 292 of 1989, as amended, (the "Act"), the undersigned Corporation executes the following Articles: ARTICLE I The name of the Corporation is: Metropolitan Arts and Culture Council. The names of the participating city and counties are: City of Detroit, Michigan; County of Oakland, Michigan; and County of Wayne, Michigan. The county commission of each participating county shall place the proposed tax levy on a county wide ballot at the regularly scheduled county primary or general election that follows the determination to proceed under Section 27 of the Act, being MCL 124.677; MSA 5.4086(77). ARTICLE /I The purposes for which the Corporation is organized are: 1. TO be, and operate as, a metropolitan region council described in Public Act 292 of 1989 as amended by Public Act 375 of 1998, being MCL 124.651 through MCL 124.713; MSA 5.4086(51) through MSA 5.4086(113). The Corporation may receive and administer funds for the purposes set forth in the Act and in this Article. 2. To be, and operate as, an authority under Article IX, Section 6 of the 1963 Michigan Constitution. -1- 3. To be conducted as a governmental entity, including all activities incident to its purposes, pursuant to Section 115 of the United States Internal Revenue Code, being 26 USC 115, or any successor law (the "Code"). Notwithstanding any other provision of these Articles, the Corporation shall not carry on any other activity not permitted to be carried on by a governmental instrumentality exempt from federal income tax under Section 115 of the Code or by a nonprofit corporation organized under the Act and other laws of the State of Michigan. 4. To enhance regional cultural institutions and to develop and/or enhance local recreation and cultural programs and facilities that are not primarily designed or used for professional sports, within the geographic boundaries of the participating city and counties. ARTICLE III The Corporation is organized on a non-stock, directorship basis. The value of assets which the Corporation possesses is: Real Property: None Personal Property: None The Corporation is to be financed under the following general plan: 1. Proceeds from an ad valorem tax approved, pursuant to the requirements of the Act, by a majority of the qualified and registered electors residing in the council area and voting collectively on the question. However, notwithstanding any other provision of these Articles, should a majority of the qualified and registered electors residing in any participating qualified county voting on the issue disapprove a proposal to levy an ad valorem tax, the Corporation shall immediately be dissolved and no lax shall be levied. 2. Grants, loans, or contributicns from the Federal government or any of its agencies, the State of Michigan, or other public or private agencies where funds received would be used for any of the purposes set forth in the Act or in these Articles. 3. Other lawfully received funds. ARTICLE IV The street address and mai1i g address of the registered office is: 39577 Woodward Avenue Suite 300 Bloomfield Hills, Michigan 48304 The name of the resident agent at the registered office is: Thomas B. Spillane, Jr. ARTICLE V The names and addresses of the incorporators are as follows: The Detroit City Council, c/o The Detroit City Clerk, 200 Coleman A. Young Municipal Center, Detroit, Michigan 48226. The Oakland County Board of Commissioners, c/o The Oakland County Clerk, 1200 N. Telegraph Road, Pontiac, Michigan 48431-0413. The Wayne County Commission, c/o The Wayne County Clerk, 201 Coleman A. Young Municipal Center, Detroit, Michigan 48226. ARTICLE VI The Corporation is a public corporate body. The fiscal year for the Corporation shall be October 1st through September 30th. ARTICLE VII The Corporation and its incorporators, Council Board members, officers, agents, and volunteers are entitled to governmental immunity as provided in Section 7 of Public Act 170 of 1964, being MCL 691.1407; MSA 3.996(107). • ARTICLE VIII 1. The management and control of the property and affairs of the Corporation shall be vested in, and its operations shall be conducted by, a Council Board operating as the Corporation's Board of Directors. 2. To be qualified to serve as a member of the Council Board, a person must hold a publicly elected office in the city or county from which he or she was appointed. If the person appointed to serve as a member of the Council Board resigns from public office or is otherwise removed from public office, that person shall be disqualified from serving on the Council Board and shall be removed from the Council Board by operation of law. For Oakland County, the elected County Executive shall appoint, and, at pleasure, remove three (3) individuals to serve as members of the Council Board. For the City of Detroit, the Mayor shall appoint, and at pleasure, remove, three (3) individuals to serve as members of the Council Board. One of the Mayor's appointees shall be a member of the Wayne County Board of Commissioners. The appointment of Council Board members shall require the concurrence of the county's or city's legislative body. For Wayne County, one (1) Council Board member shall be appointed by, and serve at the pleasure of, each of the three (3) following geographical conferences established under the Urban Cooperation Act: the Conference of Western Wayne; the Downriver Community Council; and the Conference of Eastern Wayne. 3. Members of the Council Board shall serve at the pleasure of the appointing authority. 4. The Council Board members shall represent each of the participating local units of government and each participating city and county Shall participate in the governance of the Council exclusively through its appointed Directors serving as members of the Council Board. 5. The officers of the Corporation shall be a Chairperson, Vice Chairperson, and Secretary / Treasurer. All officers shall be members of the Council Board and shall be selected by the Council Board. Officers shall serve for one year terms. The Chairperson must be a resident of the county that provides the greatest revenue under the ad valorem tax described in Article IX, Section 6 of these Articles. The Council Board may appoint such other agents as it may deem necessary for the transaction of the business of the Corporation. 6. Business of the Council and its Board of Directors shall be conducted at public meetings of the Board of Directors in compliance with the Michigan Open Meetings Act, Public Act 267 of 1976, being MCL 15.261 through 15.275 ; MSA 4.1801(11) through MSA 4.1800(25). -4- 41 7. Writings prepared, owned, used, in the possession of, or retained by the Council in the performance of an official function shall be made available to the public in compliance with the Michigan Freedom of Information Act, Public Act 442 of 1976; MCL 15.231 through 15.946; MSA 4.18010) through 4.1801(16). ARTICLE a 1. The Corporation possesses all the powers necessary for carrying out the purposes of its formation. 2. The Corporation shall have the power to adopt bylaws for the Council's administration. Among other operational matters, the Corporation's bylaws shall require one (1) annual meeting, and shall include a process for an ongoing advisory role for the Regional Cultural Institutions identified in Article IX, Section 5 of these Articles (or a recognized coalition of these institutions). 3. The Corporation shall have the power to provide funding to Regional Cultural Institutions. 4. "Regional Cultural Institution" means a structure, fixture, or activity provided by a tax exempt entity located within the council area that has been in existence for at least eighteen (18) consecutive months before becoming eligible for funding under the Act. "Regional Cultural Institution" may include a zoological institute; a science center, whether or not it is affiliated with a private educational institution; a public broadcast station as defined by Section 397 of Subpart E of Part IV of Title III of the Communications Act of 1934, being 47 USC 397, whether or not the public broadcast station is affiliated with an institution of higher education; a museum, whether or not it its affiliated with a private educational institution; a historical center; a performing arts center; a visual or performance art instruction center affiliated with an independent institution of higher education in the arts; an orchestra; a chorus; a chorale; or an opera theater. "Regional Cultural Institution" does not include a professional sports arena or stadium; a labor organization; a political organization; a library; a public, private, or charter school; or an exhibition, performance, or presentation that is obscene. 5. Thr Corporation shall have the power to provde funding or to supplement funding received from other sources, to the following regional cultural institutions from the funds identified in Article X, Section 5 of these Articles: a. Cranbrook Art Museum. b. Cranbrook Institute of Science. c. Cranbrook House and Gardens. -5- • , d. Charles H. Wright Museum of African-American History. e. Center for Creative Studies, for use in Community and Outreach Programs. f. Detroit Historical Museums. g. The Detroit Institute of Arts. h. Detroit Public Television. i. Detroit Science Center. j. Detroit Symphony Orchestra. k. Detroit Zoological Institute. 1. Henry Ford Museum/Greenfield Village. m. Holocaust Memorial Center. n. Meadow Brook Hall. o. Meadow Brook Theater. p. Michigan Opera Theatre. Music Hall Center for the Performing Arts. r. Any other organization or program that meets the definition and requirements of "Regional Cultural Institution" defined in this Article IX, Section 4 of these Articles provided that the institution is added by a vote of the Council Board using the weighted vote methodology set forth in Article XI, Section 2 of these Articles. 6. The 'Corporation shall have the power to levy on all the taxable real and personal property within the Council area an ad valorem tax of not to exceed 0.5 mils of the taxable value of the taxable property. A tax authorized to be levied by the Council under the Act shall be levied and collected at the same time and in the same mamier as provided by the general property tax act, Public Act 206 of 1893, as amended, being MCL 211.1, et seq; MSA 7.1, et seq. The Council shall not levy a tax except on the approval of a majority of the qualified and registered electors residing in the Council area and voting collectively on the question. However, should a majority of the qualified and registered electors residing in any participating qualified county voting on the issue disapprove q. -6- 11111 a proposal to levy an ad valorem tax, the Corporation shall in -,incdialy be dissolved and no tax shall be levied. 7. The Corporation shall have the power to apply for and accept grants, loans, or contributions from the Federal government or any of its agencies, the State of Michigan or any of its agencies, or other public or private agencies to he used for any of the Corporation's purposes. 8. The Corporation shall have the power to sell or lease property acquired for the Corporation's purposes but not needed for those purposes. 9. The Corporation shall have the power to sue or be sued in any court in Michigan. 10. The Corporation shall have the power to hire employees, attorneys, accountants, and consultants. 11. The Corporation shall have the power to acquire and hold by purchase, lease, grant, gift, devise, land contract, installment purchase contract, bequest, or other legal means, real and personal property within or without the participating qualified city and qualified counties. The property may include franchises, easements, or rights-of-way on, under, or above any property. The Council may pay for the property from revenue of the Council. The Corporation shall not have authority to acquire property through condemnation. 12. The Corporation, through its Council Board, shall establish Accountability Standards for itself and for the institutions it funds. As a condition of receiving funds, the Chief Operating Officer and the Chairperson of the Board of Directors of each regional cultural institution shall be required to sign a contract that incorporates the Council Board's Ace)untability Standards. Among the Accountability Standards, which may be set forth in their entirety in a separate document are: a. The regional cultural institutions agree tO maintain as their primary focus the delivery of the highest quality education, conservation, performance, and other cultural programs that enhance the lives of the region's residents, with special emphasis on families and children. b. The regional cultural institutions agree not to use the funds raised through the tax levy authorized under the Act, in whole or in part, to engage in or conduct exhibitions, performances, or presentations that are "obscene" as this term is defined in Section 43(e) of the Act, being MCL 124.693; .1VISA 5.4086(93). YL. • c. The regional cultural institutions must annually present to the Council Board a written report of public programs and services. The regional cultural institutions must also annually appear before the Council Board to present a financial and program report and address questions. d. As a condition of continued funding, within one hundred eighty (180) days of the close of each regional cultural institution's fiscal year, it shall submit to the Council Board a certified audit of its financial statements completed by an independent certified public accounting firm. ARTICLE X 1. No part of the net earnings of the Corporation shall inure to the benefit of or be distributable to its Council Board members, officers, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article II of these Articles. 2. The Council Board shall not expend money collected under the tax levy for administrative costs or for distributions to the qualified regional cultural institutions unless the specific expenditure is included in the Council's annual budget. For administrative costs, the annual budget shall be determined and appro-Jed by a vote of the Council Board members using the weighted vote methodology set forth in Article XI,. Section 2 of these Articles. For distributions to the qualified regional cultural institutions, the annual budget shall be as determined pursuant to Article X, Section 6 of these Articles. 3. The Council Board shall authorize that not more than three percent (3%) of revenues received under the Act may be expended annually for administrative costs incurred under the Act. In accordance with the Act, not more than three percent (3%) of annual revenues received under the Act may be expended ann -ially for those administrative costs. This section shall never be amended to include a higher percentage. 4. Pursuant to the Act, Oakland County shall receive one-third (1/3) of any net revenues collected within that county. However, notwithstanding that Oakland County shall receive such revenues, Oakland County's one-third (1/3) of the net revenues shall be returned to each city, village, or portion of a township within that county, and those net revenues shall be expended by the affected cities, villages, and portions of townships to fund only cultural and recreational programs and facilities that are not primarily designed or used for professional sports. In the event that this provision is determined to be in violation of the Act, then Oakland County shall distribute the revenues in accordance with the Act. -8- • Wayne County shall not receive any net reveniKts collected within that county. Instead, one-third (1/3) of the net revenues collected in each city, village, or portion of a township within that county, shall remain in that city, village, or portion of a township, and those net revenues shall be expended by the affected cities, villages, and portions of townships to fund only cultural and recreational programs and facilities that are not primarily designed Or used for professional sports. 5. Two-thirds (2/3) of the revenues collected from the one-half (1/2) mill levy, less administrative costs (as determined pursuant to Article X, Section 2 of these Articles), shall be appropriated to regional cultural institutions listed in or approved pursuant to Article IX, Section 5(a) through (r) of these Articles. Those funds shall be allocated proportionally to those institutions, based On a plan described in Section 6 of this Article. In the first year of distributions, no regional cultural institution shall receive more than $4 Million ($4,000,000) from this distribution. In subsequent years, the $4 Million ($4,000,000) cap shall be increased in the same proportion that the revenues from the ad valorem tax increases. 6. In the first year, the revenues collected under the ad valorem tax levied by the Council under the Act shall be distributed under the plan described in this section. For purposes of the distribution, terms used in this section are defined as follows: "Distribution Cap" means $4 Million ($4,000,000) in the first year of distributions. For subsequent years, the Distribution Cap shall be increased proportionately as described in Section 5 of this Article. "Operating Expenses" means the operating expenses for a Regional Cultural Institution for a given fiscal year as determined by each Regional Cultural Institution in its annual audited financial statements. For those Regional Cultural Institutions under contract with concessionaires for food or other concessions or both, Operating Expenses include those costs and expenses associated with those contracts. For those Regional Cultural Institutions that are a component part of a system of related organizations, Operating Expenses include administrative services fees paid to a related organization. "Proportionate Share" means the ratio of each Regional Cultural Institution's Operating Expenses to the Total Operating Expenses of all Regional Cultural Institutions, such ratio to be represented as a percentage and attributed to each Regional Cultural Institution. "Regional Cultural Institutions" means those institutions identified in Article IX, Section 5 of these Articles. "Total Distribution Amount" means two-thirds (2/3) of the total revenues collected under the ad valoren2 tax levied by the Council under the Act minus administrative costs. -9- "Total Operating Expenses" means the sum of the Operathm; Expenses of all of the Regional Cultural Institutions using, an average of the three (3) most recent fiscal years as submitted to the Council Board by each of the Regional Cultural Institutions. Each Regional Cultural Institution shall submit to the Council Board its Operating Expenses for the three (3) most recent fiscal years. Together with a statement of its Operating Expenses for the three (3) most recent fiscal years, each Regional Cultural Institution must include a calculation by which it determined the three (3) year average. Using the submitted information and after verifying the calculations, the Council Board shall determine the Total Operating Expenses of all Regional Cultural Institutions. In the first year, the distribution to each Regional Cultural Institution shall be calculated by multiplying each Regional Cultural Institution's Proportionate Share by the Total Distribution Amount (the "Calculation"), provided that no distribution to a Regional Cultural Institution may exceed the Distribution Cap. If, based on the Calculation, a Regional Cultural Institution would receive more than the Distribution Cap, that Regional Cultural Institution shall receive a distribution equal to the Distribution Cap and the remaining amount shall be placed in a "Redistribution Fund." The Redistribution Fund shall be distributed in proportionate amounts to the Regional Cultural institutions receiving less than the Distribution Cap. The same calculation formula shall be used except that the Operating Expenses of the Regional Cultural Institutions whose distribution is equal to the Distribution Cap shall not be included in the Total Operating Expenses. In the event any Regional Cultural Institution would receive more than the Distribution Cap because of a redistribution, the same Distribution Cap will remain and a subsequent Redistribution Fund shall be established and distributed in the manner described. For distributions after the first year, the Council Board shall develop a distribution formula, such formula to be adopted by a vote of not less than two-thirds (2/3) of the Directors serving on the Council Board including at least one (1) Director from each participating qualified city and qualified county. In the event that in any year following the first year's distribution, a distribution formula cannot be agreed upon, then the immediately prior year's approved distribution formula shall be utilized and shall include any institutions that were added pursuant to Article IX, Section 5(r) and were not part of the prior year's distribution formula. ARTICLE XI 1. Except to amend these Articles and to adopt a distribution formula described in Article X, Section 6 of these Articles, all votes of the Board of Directors shall be by a majority of weighted or valued votes of the Directors as described in Section 2 of this Article. 2. Except as provided by Scotian 1 of thi: Article and otherwise required by law, each vote of the Directors shall be on a weighted or valted basis. The weight or value to be given to each Director's vote shall be determined by utilizing the dollars collected and contributed by the ad valorem tax to the Corporation from the participating qualified city or county that the Director represents. The weight or value to be given to each Director's vote shall be calculated using the - following formula: For each participating and qualified city and county, the dollars collected and contributed from the ad valorem tax shall be totaled. b. The total contributions from the ad valorem tax for all of the participating city and counties shall then be added together. c. The total for Subsection (a) of this section (the numerator) shall be divided by the total of Subsection (b) of this section (the denominator) for each qualified county and city to determine the percentage of total contributions from the ad valorem tax, to the eligible institutions for each qualified and participating city and county. d. For each qualified and participating city and county, the quotient determined under Subsection (c) of this section shall be divided by three (3) (the number of directors from that specific jurisdiction) and then multiplied by ten (10) to determine the value of each director's vote for that city or county. ARTICLE XII The Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office nor shall the Corporation intervene, promote, endorse, raise or solicit funds for, or in any way be involved in ballot proposals, referenda, initiatives, recall of elected officials or participate in any tither ballot or political issues. ARTICLE XIII Upon the dissolution of the Corporation, the Board shall dispose of all of the assets of the Corporation, after paying or making provisions for the payment of all of the liabilities of the Corporation, exclusively for the purpose of the Corporation itt such manner, or distribute the assets to the State of Michigan or a political subdivision as the Council Board shall determine. Any such 1- It assets not so disposed of shall he disposed of .by the circuit court of the county in which the principal office of the Corporation is then located exclusively for such purposes or to such organization or organizations as said court shall determine which are organized and operated exclusively for such purposes. ARTICLE XIV 1. The Council Board shall prepare and publish annually a report of its finances. Such report shall include d;stributions,highlights of activities for the year, and summaries of audiences, programs, services, and facilities of funded regional cultural institutions. The report shall be mailed to one (1) or more newspapers of general circulation in the region. 2. . The following documents shall be available for public review during regular business hours at the registered office of the Council Board: a. Current and past financial statements of the Council, and of regional cultural institutions; and b. Required operating, financial, and other reports of the regional cultural institutions receiving funds pursuant to the Act. ARTICLE XV Unless otherwise provided in these Articles or in the Act, these Articles may be amended by the adoption of a resolution by a vote of not less than two-thirds (2/3) of the Directors serving on the Council Board, including at least one (1) Director from each participating qualified city and qualified county; and an affirmative vote of a majority of the members elected to and serving on the legislative body of each participating qualified city and qualified county. Before the amendments are adopted by the participating city or county, they must be published at least once by the Clerk of the participating city or county in a newspaper generally circulated in that city or county. Upon adoption of the amendments, the clerk of each of the participating counties shall file a printed copy with the county and with the Michigan Secretary of State. As set forth in the Act, these Articles must be amended to add a qualified city or county and to evidence the withdrawal of a qualified city or county. ARTICLE XVI The duration of the Corporation shall be ten (10) years from the effective date of incorporation. -1 7_ Idb I These Articles of Incorporation were adopted by an affirmative vote of a majority of the members serving on the City Council of the City of Detroit, Michigan at a meeting duly held on the day of ,A.D., • Jackie L. Currie Detroit City Clerk These Articles of Incorporation were adopted by an affirmative vote of a majority of the members serving ongie, Board of Commissioners of the County of Oakland, Michigan at a meeting duly held on the /X day of 3LALA , A.D., t-00 G. William Caddell Oakland County Clerk These Articles of Incorporation were adopted by an affirmative vote of a majority of the members serving on the Wayne County Commission, County of Wayne, Michigan at a meeting duly held on the day of , A.D., Cathy Marie Garrett Wayne County Clerk Chairman Emeritus William Clay Ford Chairman William Clay Ford, Jr. Prerident Steven K. Hamp Board Trustees Lynn Ford Alandt Richard H. Anderson Jon E. Barfield Ralph H. Booth II Paul R. Dimond Charlotte NI. Ford Edsel B. Ford II George F. Francis III Ralph J. Gerson Sheila Ford Ham p Elizabeth Ford Kon tolls Richard E Kughn Richard A. Nlanoogian Richard D. Snyder Ronald N. Weiser fictuy Ford. If usewm cif Greenfield Village pror..ides unique educational experiences based on authentic oh/ear, storie,., and lives from America's traditions of ingenuity, resourvelaness, and innovation. Our purpose IS to inspire people to learn from there traditions to help shape a better future. t1L 6a /7 ,-/ HENRY FORD MUSEUM GREENTIELD VI L LAG F, 20900 Oakwood Boulevard Dearborn, Michigan 48124 Phone 313.271.1620 TDD 313 .271.2455 WWW.h fin gvorg July 12, 2002 Mr. Charles E. Palmer 459 John M. Clawson, Michigan 48017 Dear Commissioner Palmer: The Southeast Michigan Cultural Coalition is composed of the 17 regional cultural institutions that are designated as recipients of the two- thirds regional share of the proposed regional culture and recreation tax. In the event that voters approve the tax, the Southeast Michigan Cultural Coalition will serve as an advisory body to the Metropolitan Arts and Cultural Council. As chairman of the Southeast Michigan Cultural Coalition, I can assure you that our coalition will actively support the addition to the list of regional cultural institutions of a qualified cultural institution to be established in Troy, at the earliest possible date allowed by state law. Inclusion of the non-profit cultural institution in Article IX, Section 5 of the articles of incorporation as a designated regional cultural institution will authorize that institution to receive a proportionate share of regional funding under the same formula that applies to other non-profit, regional cultural institutions for the duration of the tax levy. The decision to add a qualified regional cultural institution to the list of those receiving funding from the Metropolitan Arts and Cultural Council will be made by the weighted vote method. Oakland County's three delegates to the Metropolitan Arts and Cultural Council will control 54% of the weighted vote and will, therefore, have the capacity to add one or more qualifying institutions to the list of those receiving regional funding with or without the support of other council delegates. Sincerely, Steven K. Hamp Chairman Southeast Michigan Cultural coalition July 18, 2002 FISCAL NOTE (MISC. #02173) BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS - METROPOLITAN ARTS AND CULTURE COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds the County of Oakland will not be obligated to any financial concerns, and therefore, no budget amendments are required. FINANCE COMMITTEE Finance Committee Vote: Motion carried on a unanimous roll call vote with Causey-Mitchell, - absent Resolution #02173 July 18, 2002 Moved by Patterson supported by Taub the resolution be adopted. Moved by Palmer supported by Moss a letter from Steven K. Hamp, Chairman of the Southeast Michigan Cultural coalition be attached to Miscellaneous Resolution #02173 — BOARD OF COMMISSIONERS — METROPOLITAN ARTS AND CULTURE COUNCIL. (Copy on file in County Cerk's office). Moved by Palmer supported by Crawford to amend the Articles of Incorporation of Metropolitan Arts and Culture Council to include all three (3) amendments. Moved by Douglas to divide the amendments out separately. Moved by Garfield to postpone adoption of Miscellaneous Resolution #02173 — BOARD OF COMMISSIONERS — METROPOLITAN ARTS AND CULTURE COUNCIL. Discussion followed. Commissioner Garfield withdrew his motion to postpone. Discussion followed. Moved by Douglas to amend the amendment to Article I of the Articles of Incorporation of Metropolitan Arts and Culture Council. Moved by Douglas to adjourn the board meeting to allow time for her amendments to be typed. Chairperson Thomas Law adjourned the meeting at 11:23 A.M. and reconvened at 11:47 A.M. Roll called. PRESENT: Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey. (25) ABSENT: None. (0) Quorum present. Commissioner Douglas withdrew her amendment to the amendment of Article I of the Articles of Incorporation of Metropolitan Arts and Culture Council. Moved by Palmer supported by Crawford Article I of the Articles of Incorporation of Metropolitan Arts and Culture Council be amended to read as follows: The county commission of each participating county shall place the proposed tax levy on a county wide ballot at the regularly scheduled county primary or general election that follows the determination to proceed under Section 27 of the Act, being MCL 124.677; MSA 5.4086(77). By adopting these articles each county and local governmental unit is agreeing and consenting to the maintenance of the current financial contribution and support to the Regional Cultural Institutions eligible under these Articles. Vote on amendment to Article I: AYES: Galloway, Law, McPherson, Middleton, Moffitt, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas (20) NAYS: Garfield, Gregory, Melton, Moss, Appel. (5) A sufficient majority having voted, therefore the amendment carried. Resolution #02173 (cont.) July 18, 2002 Moved by Palmer supported by Crawford Article X of the Articles of Incorporation of Metropolitan Arts and Culture Council be amended to read as follows: 3. The Council Board shall authorize that not more than thr4e-pecseat-(314/) two percent (2%) of revenues received under the Act may be expended annually for administrative costs incurred under the Act. In accordance with the Act, not more than ti;pas-per464443444 two percent (2%) of annual revenues received under the Act may be expended annually for those administrative costs. This section shall never be amended to include a higher percentage. Moved by Douglas supported by Buckley to amend the amendment to Article X of the Articles of Incorporation of Metropolitan Arts and Culture Council to change 2% to 1/2 % to read as follows: 3. The Council Board shall authorize that not more than tl:wee-pfigssat4.39,44***tv.icHaeraent.(2%) one half percent (1/2%) of revenues received under the Act may be expended annually for administrative costs incurred under the Act. In accordance with the Act, not more than *wee percent (3%)*** vo-per.catat-(3%) one half percent (1/2%) of annual revenues received under the Act may be expended annually for those administrative costs. This section shall never be amended to include a higher percentage. Vote on amendment to the amendment of Article X: AYES: Garfield, Middleton, Moffitt, Sever, Webster, Amos, Brian, Buckley, Dingeldey, Douglas, Galloway. (11) NAYS: Gregory, Law, McPherson, Melton, Moss, Obrecht, Palmer, Patterson, Suarez, Taub, Appel, Causey-Mitchell, Coleman, Crawford. (14) A sufficient majority not having voted, therefore the motion failed. Discussion followed. Vote on Amendment to Article X: AYES: Gregory, Law, McPherson, Melton, Middleton, Moffitt, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford. (19) NAYS: Moss, Amos, Dingeldey, Douglas, Galloway, Garfield. (6) A sufficient majority having voted, therefore the motion carried. Moved by Palmer supported by Crawford to amend Article VIII of the Articles of Incorporation of Metropolitan Arts and Culture Council to read as follows: 2. To be qualified to serve as a member of the Council Board, a person must hold a publicly elected office in the city or county from which he or she was appointed. If the person appointed to serve as a member of the Council Board resigns from public office or is otherwise removed from public office, that person shall be disqualified from serving on the Council Board and shall be removed from the Council Board by operation of law. For Oakland County, the elected County Executive shall appoint, and, at pleasure, remove three (3) individuals to serve as members of the Council Board except that the County Executive shall appoint the Chairperson of the Oakland County Board of Commissioners as one of the directors. For the City of Detroit, the Mayor shall appoint, and at pleasure, remove, three (3) individuals to serve as members of the Council Board. One of the Mayor's appointees shall be a member of the Wayne County Board of Commissioners. The appointment of Council Board members shall require the concurrence of the count's or city's legislative body. Resolution #02173 (cont.) July 18, 2002 For Wayne County, one (1) Council Board member shall be appointed by, and serve as the pleasure of, each of the three (3) following geographical conferences established under the Urban Cooperation Act: the Conference of Western Wayne; the Downriver Community Council; and the Conference of Eastern Wayne. Discussion followed. Moved by Douglas supported by Moffitt to amend the amendment to Article VIII of the Articles of Incorporation of Metropolitan Arts and Culture Council to read as follows: 2. To be qualified to serve as a member of the Council Board, a person must hold a publicly elected office in the city or county from which he or she was appointed. If the person appointed to serve as a member of the Council Board resigns from public office or is otherwise removed from public office, that person shall be disqualified from serving on the Council Board and shall be removed from the Council Board by operation of law. For Oakland County, the elected County Executive shall appoint, apd7-atialeasur4T-Pamok‘e. three (3) elected officials from the government unit represented on the Board (Oakland County), subject to Section 47(2) and Section 7(3)(4) to serve as members of the Council, and, at pleasure, remove individuals, except that the County Executive shall appoint the Chairperson of the Oakland County Board of Commissioners as one of the directors. For the City of Detroit, the Mayor shall appoint, and at pleasure, remove, three (3) individuals to serve as members of the Council Board. One of the Mayor's appointees shall be a member of the Wayne County Board of Commissioners. The appointment of Council Board members shall require the concurrence of the count's or city's legislative body. For Wayne County, one (1) Council Board member shall be appointed by, and serve as the pleasure of, each of the three (3) following geographical conferences established under the Urban Cooperation Act: the Conference of Western Wayne; the Downriver Community Council; and the Conference of Eastern Wayne. Vote on amendment to the amendment of Article VIII: AYES: Middleton, Moffitt, Amos, Dingeldey, Douglas, Garfield. (6) NAYS: Law, McPherson, Melton, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Galloway, Gregory. (19) A sufficient majority not having voted, therefore the motion failed. Discussion followed. Vote on amendment to Article VIII: AYES: McPherson, Melton, Middleton, Moffitt, Obrecht, Palmer, Patterson, Suarez, Taub, Webster, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Douglas, Gregory, Law. (18) NAYS: Moss, Sever, Amos, Appel, Dingeldey, Galloway, Garfield. (7) A sufficient majority having voted, therefore the motion carried. Moved by Douglas supported by Amos Article I of Articles of Incorporation of Metropolitan Arts and Culture Council be amended to read as follows: The Gewaty-GOR4R4i6GiA4 Metropolitan Regional Council et-easla-pa4isipatiRg-G06144-61:6111 may place ti;e-paposed-up to 1/2 mill tax levy on a county wide ballot at the regularly scheduled county primary or general elections that follows the determination to proceed under Section 27 of the Act, being MCL 124.677; MSA 5.4086(77). July 18, 2002 Resolution #02173 (cont.) Resolution #02173 (cont.) July 18, 2002 By adopting these Articles, each county and local governmental unit is agreeing and consenting to the maintenance of the current financial contribution and support to the Regional Cultural Institutions eligible under these Articles. Discussion followed. Commissioner Crawford made a motion to call the question. Vote on amendment to Article I: AYES: Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Amos, Brian, Buckley, Causey-Mitchell, Crawford, Dingledey, Douglas, Galloway, Garfield, Gregory, Law, McPherson. (22) NAYS: Taub, Appel, Coleman. (3) A sufficient majority having voted, therefore the motion carried. Discussion followed. Moved by Middleton supported by Palmer to reconsider the amendment to the amendment of Article I of Articles of incorporation of Metropolitan Arts and Culture Council. Vote on reconsideration: AYES: Middleton, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Appel, Brian, Causey-Mitchell, Coleman, Gregory, Law, Melton. (14) NAYS: Moffitt, Moss, Webster, Amos, Buckley, Crawford, Dingeldey, Douglas, Galloway, Garfield, McPherson. (11) A sufficient majority having voted, therefore the motion carried and the amendment to the amendment of Article I of the Articles of Incorporation of Metropolitan Arts and Culture Council was on the floor for reconsideration. Commissioner Douglas requested Richard B. Poling to address the board and quote the statute of placing the millage rate on the ballot. Discussion followed. Commissioner Middleton requested Gerald Poisson, Assistant Deputy County Executive to address the board in regards to placing the millage rate on the ballot. Discussion followed. Commissioner Douglas withdrew her amendment to the amendment to Article I of the Articles of incorporation of Metropolitan Arts and Culture Council. Discussion followed. Moved by Moffitt supported by Douglas to amend Miscellaneous Resolution #02173 in the first BE IT FURTHER RESOLVED paragraph to read as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners declares its intent to place before the voters of Oakland County a ballot PROPOSAL FOR APPROVAL OF ARTICLES OF INCORPORATION OF A METROPOLITAN ARTS AND CULTURE COUNCIL THAT INCLUDES A PROVISION ALLOWING THE METROPOLITAN ARTS AND CULTURE COUNCIL TO LEVY UP TO A 0.5 MIL AD VALOREM TAX, terniest to support the Metropolitan Arts and Culture Council, the regional cultural institutions it would fund, and local cultural and recreation programs. • • 4 Resolution #02173 (cont.) July 18, 2002 A voice vote resulted in Commissioner Appel calling for a roll call vote. Vote on amendment: AYES: Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Amos, Brian, Buckley, Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt. (18) NAYS: Moss, Taub, Appel, Causey-Mitchell, Coleman, Crawford, Gregory. (7) A sufficient majority having voted, therefore the amendment carried. Discussion followed. Vote on resolution as amended, with Articles of Incorporation attached: AYES: Obrecht, Palmer, Suarez, Taub, Appel, Causey-Mitchell, Coleman, Crawford, Gregory, Law, McPherson, Melton, Moss. (13) NAYS: Patterson, Sever, Webster, Amos, Brian, Buckley, Dingeldey, Douglas, Galloway, Garfield, Middleton, Moffitt. (12) A sufficient majority having voted, therefore the resolution, as amended, with Articles of Incorporation of Metropolitan Arts and Culture Council attached 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 July 18, 2002, 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 Coupty of Oakland at Pontiac, Michigan this 18th day of July, 2002. G. William Caddell, County Clerk