HomeMy WebLinkAboutResolutions - 2020.04.29 - 33134REPORT (MISC. #20113) April 29, 2020
BY: Commissioner David T. Woodward, Chairperson, Emergency Operations and Oversight Committee
IN RE: MR #20113 - BOARD OF COMMISSIONERS — ADMINISTRATION OF SURPLUS FUNDS IN
THE DELINQUENT TAX REVOLVING FUND POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Emergency Operations and Oversight Committee, having reviewed the above -referenced resolution
on April 22, 2020, reports to recommend adoption of the resolution with the following amendments:
1. Amend the 6th WHEREAS statement, as follows:
WHEREAS establishment of a policy requiring a report by the County Treasurer detailing the
settlement of funds and a full accounting of all contingent costs in the Delinquent Tax Revolving
Fund (DTRF) as authorized by MCL 211.87(b) and MCL 211.78m will:
a. serve to improve transparent reporting of the expenditure of taxpayer funds. and
b. ensure that surplus funds in the DTRF are promptly reported and subject to policies and
procedures of Oakland County.
2. Amend language in Attachment A, (9), as follows:
9) Pursuant to MCL 211.78m(8), following the settlement of each preceding year's foreclosure
sale, but not later than June 30th; of the second calendar year after foreclosure, the County
Treasurer shall submit a written report to the Board of Commissioners identifying any
remaining balance, for each year's sale, available following the settlement and detailing all
costs associated with the administration of the Delinquent Tax Revolving Fund. All or a portion
of any remaining balance, less any contingent costs of title or other legal claims described in
subdivisions (a) through (f), of the Act may subsequently be transferred into the general fund
of the county by the Board of Commissioners.
Chairperson, on behalf of the Emergency Operations and OversightCommittee, I move the acceptance of
the foregoing report.
Commissioner David T. Woodward, District #19
Chairperson, Emergency Operations and
Oversight Committee
EMERGENCY OPERATIONS AND OVERSIGHT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION' #20113
BY: Commissioners Michael J. Gingell, District #1;
IN RE: BOARD OF COMMISSIONERS — ADMINISTRATION OF SURPLUS FUNDS IN THE
DELINQUENT TAX REVOLVING FUND POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS acting under the authority of the General Property Tax Act, PA 206 of 1893, as amended by
PA 107 of 1968, MCL211.87b, the Board of Commissioners established the Oakland County Delinquent
Revolving Tax Fund (DTRF) in 1974; and
WHEREAS the foremost responsibility of the Delinquent Tax Revolving Fund (DTRF) is to ensure 100%
payment of any and all delinquent taxes which are due and payable to any school district, intermediate
school district, community college district, city, township, special assessment or drain district or other
political unit or county agency for which delinquent tax payments are due on settlement day with the
county; and
WHEREAS as noted. in the Board's Resolution "Delinquent Tax Revolving Fund - Fiscal Responsibility
Plan - Revision #1" (MR# 02042), the DTRF was established "to stabilize revenue streams" for local
government entities. The Resolution further states, "Prudent management and fiscally sound utilization
policies have allowed Oakland's DTRF to not only consistently achieve its goal of revenue stabilization,
but also has allowed it to generate a fund surplus."; and
WHEREAS the Board of Commissioners annually incorporates into the General Appropriations Act
policies and procedures for accessing surplus funds from the DTRF; and
WHEREAS adoption of a general policy codifying the policies and procedures that govern the
administration of surplus funds in the Delinquent Tax Revolving Fund will serve to ensure uniform and
consistent administration of the DTRF by all officers and administrators of county government; and
WHEREAS establishment of a policy requiring a report by the County Treasurer detailing the settlement
of funds and a full accounting of all contingent costs in the Delinquent Tax Revolving Fund (DTRF) as
authorized by MCL 211.87(b) will:
a. serve to improve transparent reporting of the expenditure of taxpayer funds; and
b. ensure that surplus funds in the DTRF are promptly reported and subject to policies and
procedures of Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby adopts
the attached, "Policy for the Administration of Surplus Funds in the Delinquent Tax Revolving Fund".
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District #1
Attachment A
Policy for the Administration of Surplus Funds in the Delinquent Tax Revolving Fund
1) The Delinquent Tax Revolving Fund (DTRF) was established in accordance with the
provisions of Public Act 206 of 1893 (as amended) for the purpose of paying local taxing
units within the County their respective shares of delinquent ad valorem real property
taxes, in anticipation of the collection of those taxes by the County Treasurer. This policy
statement, which encompasses the precept of self -funding, ensures that utilization of
unrestricted DTRF funds does not impair the functional intent or operational success of
the DTRF as originally established.
2) To that end, at no time shall funds be diverted from the DTRF that would cause the
unrestricted balance to fall below a level that would assure a prompt payment of all
current and future outstanding General Obligation Limited Tax Notes, as well as assure
the continued operation of the DTRF as specified in the preceding paragraph.
3) Penalties and investment interest generated by the DTRF may be transferred, in whole or
in part, to the General Fund of the County upon majority vote of the Board of
Commissioners so long as such transfer(s) meets the provisions of paragraph #2 above.
4) Any and all appropriations from unrestricted DTRF funds, excepting penalties and
investment interest, shall be limited to one-time expenditures, as opposed to recurring
operations.
5) Unless otherwise specified, appropriations from the DTRF shall be considered long- or
short-term advances (with specific time frames detailed in the authorizing resolution), to
be repaid with interest as specified below.
6) Any appropriations from unrestricted DTRF funds, excepting penalties and investment
interest, not considered advances to be repaid within a time certain shall require a two-
thirds majority vote of the Board of Commissioners.
7) All appropriations from unrestricted DTRF funds considered to be advances to be repaid
within a time certain shall require a majority vote of the Board of Commissioners.
8) Terms and conditions of any and all advances from the DTRF shall be specified in the
authorizing resolution, including interest obligations detailed as follows:
a. Interest on each payment will be based on the average monthly rate paid during
the term of the agreement by the agent of the DTRF for that year's outstanding
borrowing, or
b. In the event no borrowing occurs for the DTRF, principal and interest payments
will be made in accordance with the previously established "Loan of County
Funds Policy" (Miscellaneous Resolution #89276) which requires Board approval
of repayment terms at an interest rate no less than the prevailing six-month
Treasury Bill rate and that such rates shall be computed and compounded
quarterly.
9) Pursuant to MCL 211.78m(8), following the settlement of each preceding year's
foreclosure sale, but not later than June 30th, the County Treasurer shall submit a written
report to the Board of Commissioners identifying any remaining balance available
following the settlement and detailing all costs associated with the administration of the
Delinquent Tax Revolving Fund. All or a portion of any remaining balance, less any
contingent costs of title or other legal claims described in subdivisions (a) through (f), of
the Act may subsequently be transferred into the general fund of the county by the Board
of Commissioners.
Resolution #20113 April 13, 2020
The Chairperson referred the resolution to the Emergency Operations and Oversight Committee. There
were no objections.
Resolution #20113
April 29, 2020
Moved by Taub seconded by Jackson the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
Discussion followed.
AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray,
Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson,
Gingell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 April 29, 2020,
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 Circuit Court at Pontiac,
Michigan this 291h day of April, 2020.
Lisa Brown, Oakland County