HomeMy WebLinkAboutMinutes - 2001.03.08 - 711999
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 8, 2001
Meeting called to order by Chairperson Frank Millard at 10:20 a.m. in
the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Amos, Appel, Brian, Causey-Mitchell, Coleman, Crawford,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton,
Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub,
Webster. (24)
ABSENT: Buckley (with notice). (1)
Quorum present.
Invocation given by Eric Coleman.
Pledge of Allegiance to the Flag.
Moved by Sever supported by Coleman the rules be suspended and the
agenda be amended, as follows:
Move Finance, item g. from Consent Agenda to Regular Agenda as Finance,
item m.:
Remove Planning and Building, item b. from Agenda and cancel public
hearing scheduled for (9:50 a.m. and reschedule it for (9:45 a.m. on March 22,
2001.
ITEMS ON PRINTED AGENDA
GENERAL GOVERNMENT COMMITTEE
a. Department of Human Services/Children’s Village Division –
“Sexually Transmitted Disease Prevalence and Reproductive Health Services for
Adolescent Women in Special Settings” Grant Application
(Reason for suspension for General Government Committee, item a.: Waiver of
Grant Procedure – Application does not require a resolution)
e. Department of Human Services – Shared Funding Agreement with the
United States Geological Survey to Conduct a Comprehensive, Countywide Water
Resource Study
(Reason for suspension for General Government Committee, item e: Waiver of
Rule XII.C.1 – Direct Referral to Finance)
Commissioners Minutes Continued. March 8, 2001
100
PLANNING AND BUILDING COMMITTEE
l. Department of Facilities Management – Recommendation to Purchase
9.2 Acres of Property To Accommodate 52nd District Court, Third Division,
Located on Barclay Circle in the City of Rochester Hills (Tax Parcel
#15-26-377-001)
(Reason for suspension for Planning and Building Committee, item l: Waiver
of Rule XII.C. – Direct Referral to Finance Committee) PUBLIC SERVICES
COMMITTEE
f. Circuit Court/Friend of the Court – 2001 Access and Visitation
Grant Application/Acceptance
(Reason for suspension for Public Services Committee item f: Waiver of Rule
XII.C.1 – Direct Referral to Finance Committee. Grant Procedure not followed)
Vote on agenda, as amended:
AYES: Amos, Appel, Brian, Causey-Mitchell, Coleman, Crawford,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton,
Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub,
Webster. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Public Hearings held:
1. Planning and Economic Development Division-Resolution
Approving Project Plan (Data Reproductions Corporation
Project) – City of Auburn Hills
2. Planning and Economic Development Division-Resolution
Approving Project Plan (Osmic, Inc. Project) – City of
Auburn Hills
Representatives of the Parenting Awareness Coalition gave a presentation
to promote Parent Awareness Month.
Moved by Obrecht supported by Crawford the resolutions on the Consent
Agenda be adopted (with accompanying reports being accepted). (The vote on
this motion appears on page 139.) The resolutions on the Consent Agenda
follow (annotated by an asterisk [*]):
*FISCAL REPORT (MISC. #01049)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY
OF SYLVAN LAKE - OPTIONAL ACCELERATED PAYMENT SCHEDULE ALLOCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution,
reports as follows:
1. Under Miscellaneous Resolution #99093, the original Environmental
Infrastructure Fund allocation, the City of Sylvan Lake was
eligible for $42,566.05 over five years.
2. Under Miscellaneous Resolution #00035, the Environmental
Infrastructure Fund Optional Accelerated Payment Schedule,
$41,003.02 was originally available to provide to the City of
Sylvan Lake for this project; no additional appropriation is
required.
3. Through Miscellaneous Resolution #00033, Sylvan Lake received its
Fiscal Year 1999 Allocation of $8,513.21, leaving $32,489.82 as
the Optional Accelerated Payment Schedule Allocation.
4. Once Sylvan Lake receives the $32,489.82 allocation, no further
payments from the Environmental Infrastructure Fund will be made
to the city.
5. The Committee recommends adoption of the resolution.
Chairperson, on behalf of the Finance Committee, I move acceptance of
the foregoing report.
FINANCE COMMITTEE
Commissioners Minutes Continued. March 8, 2001
101
MISCELLANEOUS RESOLUTION #01049
BY: Commissioner Shelley Taub, District #12
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE
CITY OF SYLVAN LAKE - OPTIONAL ACCELERATED PAYMENT SCHEDULE ALLOCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
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 Resolution #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 advance, at a
discounted rate, with the knowledge that no further payments will be made from
the Environmental Infrastructure Funds; and
WHEREAS pursuant to the Modified Disbursement Policy, Sylvan Lake has
requested use of the Optional Accelerated Payment Schedule to defer the costs
of reconstruction of a sewer main; and
WHEREAS the Optional Accelerated Payment Schedule authorized amount of
funding for Sylvan Lake is $41,003.02 from the Environmental Infrastructure
Fund; and
WHEREAS through Miscellaneous Resolution #00033, Sylvan Lake received
its Fiscal Year 1999 Environmental Infrastructure Fund allocation of
$8,513.21, leaving $32,489.82 which can be sent to the city under the Optional
Accelerated Payment Schedule.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the projects submitted by the City of Sylvan Lake as
eligible for reimbursement from the Environmental Infrastructure Fund.
BE IT FURTHER RESOLVED that the Board authorizes the use of the Optional
Accelerated Payment Schedule to pay the City of Sylvan Lake the amount of
$32,489.82 from the Environmental Infrastructure Fund (Account
#90-263258-41000-3985). No further payments from the Environmental
Infrastructure Fund will be made to the City of Sylvan Lake after receipt of
the $32,489.82.
Chairperson, I move the adoption of the foregoing resolution.
Shelley Taub
Copy of City of Sylvan Lake’s Environmental Infrastructure Fund
Reimbursement Request on file in County Clerk’s office.
(The vote for this motion appears on page 139.)
*FISCAL REPORT (MISC. #01050)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE
CITY OF SOUTHFIELD - OPTIONAL ACCELERATED PAYMENT SCHEDULE ALLOCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution,
reports as follows:
1. Under Miscellaneous Resolution #99093, the original Environmental
Infrastructure Fund allocation, the City of Southfield was
eligible for $1,719,754.65 over five years.
2. Under Miscellaneous Resolution #00035, the Environmental
Infrastructure Fund Optional Accelerated Payment Schedule,
$1,656,605.26 is available to provide to the City of Southfield
for this project; no additional appropriation is required.
Commissioners Minutes Continued. March 8, 2001
102
3. Once the City of Southfield receives the $1,656,605.26 allocation,
no further payments from the Environmental Infrastructure Fund
will be made to the city.
4. The Committee recommends adoption of the resolution.
Chairperson, on behalf of the Finance Committee, I move acceptance of
the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #01050
BY: Commissioners Vincent Gregory, #20; Michelle Friedman Appel, #23;
Eric Coleman, #21; Terry Sever, #19
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE
CITY OF SOUTHFIELD – OPTIONAL ACCELERATED PAYMENT SCHEDULE ALLOCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
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 Resolution #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 advance, at a
discounted rate, with the knowledge that no further payments will be made from
the Environmental Infrastructure Funds; and
WHEREAS pursuant to the Modified Disbursement Policy, the City of
Southfield has requested use of the Optional Accelerated Payment Schedule to
defer the costs of a number of environmental remediation and improvement
projects; and
WHEREAS the Optional Accelerated Payment Schedule authorized amount of
funding for Southfield is $1,656,605.26 from the Environmental Infrastructure
Fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the projects submitted by the City of Southfield as
eligible for reimbursement from the Environmental Infrastructure Fund.
BE IT FURTHER RESOLVED that the Board authorizes the use of the Optional
Accelerated Payment Schedule to pay the City of Southfield the amount of
$1,656,605.26 from the Environmental Infrastructure Fund (Account #90-263356-
41000-3985). No further payments from the Environmental Infrastructure Fund
will be made to the City of Southfield after receipt of the $1,656,605.26.
Chairperson, I move the adoption of the foregoing resolution.
Eric Coleman, Vincent Gregory,
Michelle Friedman Appel, Terry Sever
Copy of City of Southfield’s Environmental Infrastructure Fund
Reimbursement Request on file in County Clerk’s office.
(The vote for this motion appears on page 139.)
*FISCAL REPORT (MISC. #01052)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE
CHARTER TOWNSHIP OF BRANDON – FISCAL YEAR 1999 AND FISCAL YEAR 2000 ALLOCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution,
reports as follows:
1. $43,047.79 annually is available in the Environmental
Infrastructure Fund for Fiscal Year 1999 and Fiscal Year 2000, to
reimburse Brandon Township for this project; no additional
appropriation is required.
2. The Committee recommends adoption of the resolution.
Chairperson, on behalf of the Finance Committee, I move acceptance of
the foregoing report.
Commissioners Minutes Continued. March 8, 2001
103
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #01052
BY: Commissioner William Patterson, District #1
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE
CHARTER TOWNSHIP OF BRANDON – FISCAL YEAR 1999 AND FISCAL YEAR 2000 ALLOCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
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 the Disbursement Policy, Brandon Township has
submitted a resolution of authorization to the County for reimbursement of
expenses incurred in connection with an eligible environment remediation of
improvement project; and
WHEREAS Brandon Township is requesting reimbursement for work related to
cleaning the effects of a fuel spill; and
WHEREAS the Fiscal Year 1999 and Fiscal Year 2000 authorized amount of
funding for Brandon Township is $43,047.79 annually, from the Environmental
Infrastructure Fund as repayment to Brandon Township for expenses incurred in
connection with environmental remediation or improvement projects.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the projects submitted by Brandon Township as eligible
for reimbursement from the Environmental Infrastructure Fund.
BE IT FURTHER RESOLVED that the Board authorizes an Fiscal Year 1999
appropriation in the amount of $43,047.79 and an Fiscal Year 2000
appropriation in the amount of $43,047.79 from the Environmental
Infrastructure Fund (Account #90-263204-41000-3985) to repay Brandon Township
for expenses incurred in connection with environmental remediation or
improvement projects, once proper invoices are presented.
Chairperson, I move the adoption of the foregoing resolution.
William R. Patterson
Copy of Charter Township of Brandon’s Environmental Infrastructure Fund
Reimbursement Request on file in County Clerk’s office.
(The vote for this motion appears on page 139.)
*FISCAL REPORT (MISC. #01053)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE
VILLAGE OF MILFORD – FISCAL YEAR 2001 ALLOCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution,
reports as follows:
1. $22,649.48 is available in the Environmental Infrastructure Fund
for Fiscal Year 2001, to reimburse the Village of Milford for this
project; no additional appropriation is required.
2. The Committee recommends adoption of the resolution.
Chairperson, on behalf of the Finance Committee, I move acceptance of
the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #01053
BY: Commissioner William Brian, District #10
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE
VILLAGE OF MILFORD – FISCAL YEAR 2001 ALLOCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
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
Commissioners Minutes Continued. March 8, 2001
104
infrastructure projects for the County and its cities, villages and townships
(CVTs); and
WHEREAS pursuant to the Disbursement Policy, the Village of Milford has
submitted a resolution of authorization to the County for reimbursement of
expenses incurred in connection with an eligible environment remediation of
improvement project; and
WHEREAS Village of Milford is requesting reimbursement to conduct a
hydrogeologic evaluation of local alternative water supplies as required by
the MDEQ Wellhead Protection Program; and
WHEREAS the Fiscal Year 2001 authorized amount of funding for the
Village of Milford is $22,649.48 from the Environmental Infrastructure Fund as
repayment to the Village of Milford for expenses incurred in connection with
environmental remediation or improvement projects.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the projects submitted by the Village of Milford as
eligible for reimbursement from the Environmental Infrastructure Fund.
BE IT FURTHER RESOLVED that the Board authorizes a Fiscal Year 2001
appropriation in the amount of $22,649.48 from the Environmental
Infrastructure Fund (Account #90-263215-41000-3985) to repay the Village of
Milford for expenses incurred in connection with environmental remediation or
improvement projects, once proper invoices are presented.
Chairperson, I move the adoption of the foregoing resolution.
William Brian
Copy of Village of Milford’s Environmental Infrastructure Fund
Reimbursement Request on file in County Clerk’s office.
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01054
BY: Finance Committee - Sue Ann Douglas, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 2000
TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS ad valorem real property taxes are imposed by the County and the
local taxing units within the County on July 1 and/or December 1 of each year;
and
WHEREAS a certain portion of these taxes remain unpaid and uncollected
on March 1 of the year following assessment, at which time they are returned
delinquent to the County's treasurer (the "Treasurer"); and
WHEREAS the Treasurer is bound to collect all delinquent taxes, interest
and property tax administration fees that would otherwise be payable to the
local taxing units within the County; and
WHEREAS the statutes of the State of Michigan authorize the County to
establish a fund, in whole or in part from borrowed proceeds, to pay 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 Treasurer; and
WHEREAS the County Board of Commissioners (the "Board") has adopted a
resolution authorizing the County's Delinquent Tax Revolving Fund (the
"Revolving Fund Program"), pursuant to Section 87b of Act No. 206, Michigan
Public Acts of 1893, as amended ("Act 206"); and
WHEREAS such fund has been established to provide a source of monies
from which the Treasurer may pay any or all delinquent ad valorem real
property taxes that are due the County, and any city, township, school
district, intermediate school district, community college district, special
assessment district, drainage district, or other political unit within the
Commissioners Minutes Continued. March 8, 2001
105
geographical boundaries of the County participating in the County's Revolving
Fund Program pursuant to Act 206 ("local units"); and
WHEREAS the Treasurer is authorized under Act 206, and has been directed
by the Board, to make such payments with respect to delinquent ad valorem real
property taxes (including the property tax administration fees assessed under
subsection (6) of Section 44 of Act 206) owed in 2000 to the County and the
local units (collectively, the "taxing units") that will have remained unpaid
on March 1, 2001 and the Treasurer is authorized to pledge these amounts in
addition to any amounts not already pledged for repayment of prior series of
notes (or after such prior series of notes are retired as a secondary pledge)
all as the Treasurer shall specify in an order when the notes authorized
hereunder are issued (the "Delinquent Taxes"); and
WHEREAS the Board has determined that in order to raise sufficient
monies to adequately fund the Revolving Fund, the County must issue its 2001
General Obligation Limited Tax Notes, in one or more series, in accordance
with Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206 and on the terms and
conditions set forth below.
NOW THEREFORE BE IT RESOLVED by the Oakland County Board
of Commissioners as follows:
I.
GENERAL PROVISIONS
101. Establishment of 2001 Revolving Fund. In order to implement the
continuation of the Revolving Fund Program and in accordance with Act 206, the
County hereby establishes a 2001 Delinquent Tax Revolving Fund (the "Revolving
Fund") as a separate and segregated fund within the existing Delinquent Tax
Revolving Fund of the County previously established by the Board pursuant to
Section 87b of Act 206.
102. Issuance of Notes. The County shall issue its 2001 General
Obligation Limited Tax Notes in one or more series (the "Notes"), in
accordance with this Resolution and Sections 87c, 87d, 87e, 87f, 87g and 89 of
Act 206, payable in whole or in part from the Delinquent Taxes and/or from the
other sources specified below.
103. Aggregate Amount of Notes.
(a) The Notes shall be issued in an aggregate amount to be
determined by the Treasurer in accordance with this Section.
(b) The aggregate amount of the Notes shall not be less than the
amount by which the actual or estimated Delinquent Taxes exceeds (i) the
County's participating share of Delinquent Taxes, and (ii) any sums otherwise
available to fund the Tax Payment Account established under Section 702
(including any monies held in respect of Section 704(c)).
(c) The aggregate amount of the Notes shall not be greater than
the sum of (i) the actual amount of the Delinquent Taxes pledged to the
payment of debt service on the Notes, plus (ii) the amount determined by the
Treasurer to be allocated to a reserve fund. Original proceeds of the Notes
devoted to a reserve fund shall not exceed the lesser of (A) the amount
reasonably required for those of the Notes secured by the reserve fund, (B)
10% of the proceeds of such Notes, (C) the maximum amount of annual debt
service on such Notes, or (D) 125% of average annual debt service on such
Notes.
(d) The aggregate amount of the Notes shall be designated by the
Treasurer by written order after (i) the amount of the Delinquent Taxes, or
the amount of Delinquent Taxes to be funded by the issuance of the Notes, has
been estimated or determined, and (ii) the amount of the reasonably required
reserve fund has been calculated. Delinquent Taxes shall be estimated based
Commissioners Minutes Continued. March 8, 2001
106
on delinquencies experienced during the past three fiscal years and on
demographic and economic data relevant to the current tax year, and shall be
determined based on certification from each of the taxing units. The amount
of the reasonably required reserve fund shall be calculated pursuant to such
analyses and certificates as the Treasurer may request.
104. Proceeds. If the Notes are issued and sold before the Treasurer
has received certification from the taxing units of the amount of the
Delinquent Taxes and if such certification is not reasonably anticipated to
occur to allow distribution of the proceeds of the Notes within 20 days after
the date of issue, the proceeds of the Notes shall be deposited in the
County's 2001 Delinquent Tax Project Account and thereafter used to fund the
whole or a part of the County's 2001 Tax Payment Account, 2001 Note Reserve
Account and/or 2001 Note Payment Account, subject to and in accordance with
Article VII. If the Notes are issued and sold on or after such time, the
proceeds of the Notes shall be deposited directly into the County's 2001 Tax
Payment Account, 2001 Note Reserve Account and/or 2001 Note Payment Account,
as provided in Article VII.
105. Treasurer's Order Authorizing Notes and Establishing Delinquent
Taxes. At or prior to the time any Notes are issued pursuant to this
resolution, the Treasurer, as authorized by Act 206, may issue a written order
specifying the amount and character of the Delinquent Taxes, the Article or
Articles under which the Notes are being issued and any other matters subject
to the Treasurers control under either this resolution or Act 206.
II
FIXED MATURITY NOTES
201. Authority. At the option of the Treasurer, exercisable by written
order, Notes may be issued in accordance with this Article II. All reference
to "Notes" in Article II refers only to Notes issued pursuant to Article II,
unless otherwise specified.
202. Date. The Notes shall be dated as of the date of issue or as of
such earlier date specified by written order of the Treasurer.
203. Maturity and Amounts. Notes issued pursuant to this Article II
shall be structured in accordance with subsections (a) or (b) below as
determined by the Treasurer pursuant to written order.
(a) The first maturity of the Notes or of a series of the Notes
shall be determined by the Treasurer pursuant to written order, but shall not
be later than two years after the date of issue. Later maturities of the
Notes shall be on the first anniversary of the preceding maturity or on such
earlier date as the Treasurer may specify by written order. The Notes shall
be structured with the number of maturities determined by the Treasurer to be
necessary or appropriate, and the last maturity shall be scheduled for no
later than the fourth anniversary of the date of issue. The amount of each
maturity shall be set by the Treasurer when the amount of Delinquent Taxes is
determined by the Treasurer or when a reliable estimate of the Delinquent
Taxes is available to the Treasurer. In determining the exact amount of each
maturity the Treasurer shall consider the schedule of delinquent tax
collections prepared for the tax years ending December 31, 2000, and the
corollary schedule setting forth the anticipated rate of collection of those
Delinquent Taxes which are pledged to the repayment of the Notes. The amount
of each maturity and the scheduled maturity dates of the Notes shall be
established to take into account the dates on which the Treasurer reasonably
anticipates the collection of such Delinquent Taxes and shall allow for no
more than a 10% variance between the debt service payable on each maturity
Commissioners Minutes Continued. March 8, 2001
107
date. The Notes, and the anticipated amount of pledged monies available on
such maturity date to make payment of such debt service.
(b) Alternatively, the Notes or a series of the Notes may be
structured with a single stated maturity falling not later than the fourth
anniversary of the date of issue. Notes issued under this subsection (b)
shall be subject to redemption on such terms consistent with Section 209 as
shall be ordered by the Treasurer, but in no event shall such Notes be subject
to redemption less frequently than annually.
204. Interest Rate and Date of Record.
(a) Except as otherwise provided in this paragraph, Notes issued
pursuant to subsection (a) of Section 203 shall bear interest payable semi-
annually, with the first interest payment to be payable (i) on the first date,
after issuance, corresponding to the day and month on which the maturity of
such Notes falls, or (ii) if the Treasurer so orders, six months before such
date. In the event (i) any maturity of the Notes arises either less than six
months before the succeeding maturity date or less than six months after the
preceding maturity date and (ii) the Treasurer so orders in writing, interest
on the Notes shall be payable on such succeeding or preceding maturity date.
Subject to the following sentence, Notes issued pursuant to subsection (b) of
Section 203 shall, pursuant to written order of the Treasurer, bear interest
monthly, quarterly, or semiannually, as provided by written order of the
Treasurer. If Notes issued under this Article II are sold with a variable
rate feature as provided in Article IV, such Notes may, pursuant to written
order of the Treasurer, bear interest weekly, monthly, quarterly or on any put
date, or any combination of the foregoing, as provided by written order of the
Treasurer.
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the
registered owner of each Note as of the applicable date of record, provided,
however, that the Treasurer may agree with the Registrar (as defined below) on
a different method of payment.
(d) Subject to Section 403 in the case of variable rate Notes,
the date of record shall be not fewer than 14 nor more than 31 days before the
date of payment, as designated by the Treasurer prior to the sale of the
Notes.
205. Note Form. The form of Note shall be consistent with the
prescriptions of this Resolution and shall reflect all material terms of the
Notes. Unless the Treasurer shall by written order specify the contrary, the
Notes shall be issued in fully registered form both as to principal and
interest, registrable upon the books of a note registrar (the "Registrar") to
be named by the Treasurer. If the Notes are issued in bearer form the
Treasurer shall appoint a paying agent (the "Paying Agent"). (The Registrar
or Paying Agent so named may be any bank or trust company or other entity,
including the County, offering the necessary services pertaining to the
registration and transfer of negotiable securities.)
206. Denominations and Numbers. The Notes shall be issued in one or
more denomination or denominations of $1,000 each or any integral multiple of
$1,000 in excess of $1,000, as determined by the Treasurer. Notwithstanding
the foregoing, however, in the event the Notes are deposited under a book
entry depository trust arrangement pursuant to Section 208, the Notes shall,
if required by the depository trustee, be issued in denominations of $5,000
each or any integral multiple of $5,000. The Notes shall be numbered from one
upwards, regardless of maturity, in such order as the Registrar shall
determine.
Commissioners Minutes Continued. March 8, 2001
108
207. Transfer or Exchange of Notes.
(a) Notes issued in registered form shall be transferable on a
note register maintained with respect to the Notes upon surrender of the
transferred Note, together with an assignment executed by the registered owner
or his or her duly authorized attorney-in-fact in form satisfactory to the
Registrar. Upon receipt of a properly assigned Note, the Registrar shall
authenticate and deliver a new Note or Notes in equal aggregate principal
amount and like interest rate and maturity to the designated transferee or
transferees.
(b) Notes may likewise be exchanged for one or more other Notes
with the same interest rate and maturity in authorized denominations
aggregating the same principal amount as the Note or Notes being exchanged,
upon surrender of the Note or Notes and the submission of written instructions
to the Registrar or, in the case of bearer Notes, to the Paying Agent. Upon
receipt of a Note with proper written instructions the Registrar or Paying
Agent shall authenticate and deliver a new Note or Notes to the owner thereof
or to owner's attorney-in-fact.
(c) Any service charge made by the Registrar or Paying Agent for
any such registration, transfer or exchange shall be paid for by the County as
an expense of borrowing, unless otherwise agreed by the Treasurer and the
Registrar or Paying Agent. The Registrar or Paying Agent may, however,
require payment by a noteholder of a sum sufficient to cover any tax or other
governmental charge payable in connection with any such registration, transfer
or exchange.
208. Book Entry Depository Trust. At the option of the Treasurer, and
notwithstanding any contrary provision of Section 212, the Notes may be
deposited, in whole or in part, with a depository trustee designated by the
Treasurer who shall transfer ownership of interests in the Notes by book entry
and who shall issue depository trust receipts or acknowledgments to owners of
interests in the Notes. Such book entry depository trust arrangement, and the
form of depository trust receipts or acknowledgments, shall be as determined
by the Treasurer after consultation with the depository trustee. The
Treasurer is authorized to enter into any depository trust agreement on behalf
of the County upon such terms and conditions as the Treasurer shall deem
appropriate and not otherwise prohibited by the terms of this Resolution. The
depository trustee may be the same as the Registrar otherwise named by the
Treasurer, and the Notes may be transferred in part by depository trust and in
part by transfer of physical certificates as the Treasurer may determine.
209. Redemption.
(a) Subject to the authority granted the Treasurer pursuant to
subsection (c) of this Section (in the case of fixed rate Notes) and to the
authority granted the Treasurer pursuant to Section 404 (in the case of
variable rate Notes), the Notes or any maturity or maturities of the Notes
shall be subject to redemption prior to maturity on the terms set forth in
subsection (b) below.
(b) Notes scheduled to mature after the first date on which any
Notes of the series are scheduled to mature shall be subject to redemption, in
inverse order of maturity, on each interest payment date arising after the
date of issue.
(c) If the Treasurer shall determine such action necessary to
enhance the marketability of the Notes or to reduce the interest rate to be
offered by perspective purchasers on any maturity of the Notes, the Treasurer
may, by written order prior to the issuance of such Notes, (i) designate some
or all of the Notes as non-callable, regardless of their maturity date, and/or
Commissioners Minutes Continued. March 8, 2001
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(ii) delay the first date on which the redemption of callable Notes would
otherwise be authorized under subsection (b) above.
(d) Notes of any maturity subject to redemption may be redeemed
before their scheduled maturity date, in whole or in part, on any permitted
redemption date or dates, subject to the written order of the Treasurer.
Notes called for redemption shall be redeemed at par, plus accrued interest to
the redemption date, plus, if the Treasurer so orders, a premium of not more
than 1%. Redemption may be made by lot or pro rata, as shall be determined by
the Treasurer.
(e) With respect to partial redemptions, any portion of a Note
outstanding in a denomination larger than the minimum authorized denomination
may be redeemed, provided such portion as well as the amount not being
redeemed constitute authorized denominations. In the event less than the
entire principal amount of a Note is called for redemption, the Registrar or
Paying Agent shall, upon surrender of the Note by the owner thereof,
authenticate and deliver to the owner a new Note in the principal amount of
the principal portion not redeemed.
(f) Notice of redemption shall be by first class mail 30 days
prior to the date fixed for redemption, or such shorter time prior to the date
fixed for redemption as may be consented to by the holders of all outstanding
Notes to be called for redemption. Such notice shall fix the date of record
with respect to the redemption if different than otherwise provided in this
Resolution. Any defect in any notice shall not affect the validity of the
redemption proceedings. Notes so called for redemption shall not bear
interest after the date fixed for redemption, provided funds are on hand with
a paying agent to redeem the same.
210. Discount. At the option of the Treasurer, the Notes may be
offered for sale at a discount not to exceed 2%.
211. Public or Private Sale. The Treasurer may, at the Treasurer's
option, conduct a public sale of the Notes after which sale the Treasurer
shall either award the Notes to the lowest bidder or reject all bids. The
conditions of sale shall be as specified in a published Notice of Sale
prepared by the Treasurer announcing the principal terms of the Notes and the
offering. Alternatively, the Treasurer may, at the Treasurer's option,
negotiate a private sale of the Notes as provided in Act 206. If required by
law, or if otherwise determined by the Treasurer to be in the best interest of
the County, (a) the Notes shall be rated by a national rating agency selected
by the Treasurer, (b) a good faith deposit shall be required of the winning
bidder, and/or (c) CUSIP numbers shall be assigned to the Notes. If a public
sale is conducted or if otherwise required by law or the purchaser of the
Notes, the Treasurer shall prepare or cause to be prepared and disseminated an
offering memorandum or official statement containing all material terms of the
offer and sale of the Notes. Pursuant to any sale of the Notes, the County
shall make such filings, shall solicit such information and shall obtain such
governmental approvals as shall be required pursuant to any state or federal
law respecting back-up income tax withholding, securities regulation, original
issue discount or other regulated matter.
212. Execution and Delivery. The Treasurer is authorized and directed
to execute the Notes on behalf of the County by manual or facsimile signature,
provided that if the facsimile signature is used the Notes shall be
authenticated by the Registrar or any tender agent as may be appointed
pursuant to Section 801(c). The Notes shall be sealed with the County seal or
imprinted with a facsimile of such seal. The Treasurer is authorized and
directed to then deliver the Notes to the purchaser thereof upon receipt of
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the purchase price. The Notes shall be delivered at the expense of the County
in such city or cities as may be designated by the Treasurer.
213. Renewal, Refunding or Advance Refunding Notes. If at any time it
appears to be in the best interests of the County, the Treasurer, by written
order, may authorize the issuance of renewal, refunding or advance refunding
Notes. The terms of such Notes, and the procedures incidental to their
issuance, shall be set subject to Section 309 and, in appropriate cases,
Article X.
III.
SHORT TERM RENEWABLE NOTES
301. Authority. At the option of the Treasurer, exercisable by written
order, Notes may be issued in accordance with this Article III. All
references to "Notes" in Article III refer only to Notes issued pursuant to
Article III, unless otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of
issuance or any prior date selected by the Treasurer, and each issuance
thereof shall mature on such date or dates not exceeding one year from the
date of their issuance as may be specified by written order of the Treasurer.
303. Interest and Date of Record. The Notes shall bear interest
payable at maturity at such rate or rates as may be determined by the
Treasurer not exceeding the maximum rate of interest permitted by law on the
date the Notes are issued. The date of record shall be not fewer than two nor
more than 31 days before the date of payment, as designated by the Treasurer
prior to the sale of the Notes.
304. Note Form. The form of Note shall be consistent with the
prescriptions of this Resolution and shall reflect all material terms of the
Notes. The Notes shall, in the discretion of the Treasurer and consistent
with Section 205, either be payable to bearer or be issued in registered form.
If issued in registered form, the Notes may be constituted as book-entry
securities consistent with Section 208, notwithstanding any contrary provision
of Section 308.
305. Denomination and Numbers. The Notes shall be issued in one or
more denomination or denominations, as determined by the Treasurer. The Notes
shall be numbered from one upwards in such order as the Treasurer determines.
306. Redemption. The Notes shall not be subject to redemption prior to
maturity.
307. Sale of Notes. The authority and obligations of the Treasurer set
forth in Sections 210 and 211 respecting Fixed Maturity Notes shall apply also
to Notes issued under Article III.
308. Execution and Delivery. The authority and obligations of the
Treasurer set forth in Section 212 respecting Fixed Maturity Notes shall also
apply to Notes issued under Article III.
309. Renewal or Refunding Notes.
(a) The Treasurer may by written order authorize the issuance of
renewal or refunding Notes (collectively the "Renewal Notes"). Renewal Notes
shall be sold on the maturity date of, and the proceeds of the Renewal Notes
shall be applied to the payment of debt service on, Notes to be renewed. The
maturities and repayment terms of the Renewal Notes shall be set by written
order of the Treasurer.
(b) In the order authorizing Renewal Notes, the Treasurer shall
specify whether the Notes shall be issued in accordance with this Article III,
in which event the provisions of Article III shall govern the issuance of the
Notes, or whether the Notes shall be issued in accordance with Article II, in
which event the provisions of Article II shall govern the issuance of the
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Notes. The order shall also provide for and shall also govern with respect
to:
(i) the aggregate amount of the Renewal Notes;
(ii) the date of the Renewal Notes;
(iii) the denominations of the Renewal Notes;
(iv) the interest payment dates of the Renewal Notes;
(v) the maturity or maturities of the Renewal Notes;
(vi) the terms of sale of the Renewal Notes;
(vii) whether any Renewal Notes issued in accordance with
Article II shall be subject to redemption and, if so, the terms thereof; and
(viii) any other terms of the Renewal Notes consistent with,
but not specified in, Article II or Article III.
(c) Regardless of whether Renewal Notes need be approved by
prior order of the Department of Treasury, the Treasurer, pursuant to Section
89(5)(d) of Act 206, shall promptly report to the Department of Treasury the
issuance of any Renewal Notes.
IV.
VARIABLE INTEREST RATE
401. Variable Rate Option. At the option of the Treasurer, exercisable
by written order, the Notes, whether issued pursuant to Article II or Article
III, may be issued with a variable interest rate, provided that the rate shall
not exceed the maximum rate of interest permitted by law.
402. Determination of Rate. The order of the Treasurer shall provide
how often the variable interest rate shall be subject to recalculation, the
formula or procedure for determining the variable interest rate, whether and
on what terms the rate shall be determined by a remarketing agent in the case
of demand obligations consistent with Section 801(d), and whether and on what
terms a fixed rate of interest may be converted to or from a variable rate of
interest. Such formula or procedure shall be as determined by the Treasurer,
but shall track or float within a specified percentage band around the rates
generated by any one or more of the following indices:
(i) Publicly reported prices or yields of obligations of the
United States of America;
(ii) An index of municipal obligations periodically reported by
a nationally recognized source;
(iii) The prime lending rate from time to time set by any bank
or trust company in the United States with unimpaired capital and surplus
exceeding $40,000,000;
(iv) Any other rate or index that may be designated by order of
the Treasurer provided such rate or index is set or reported by a source which
is independent of and not controlled by the Treasurer or the County.
The procedure for determining the variable rate may involve one or more of the
above indices as alternatives or may involve the setting of the rate by a
municipal bond specialist provided such rate shall be within a stated
percentage range of one or more of the indices set forth above.
403. Date of Record. The Date of Record shall be not fewer than one
nor more than 31 days before the date of payment, as designated by written
order of the Treasurer.
404. Redemption. Notwithstanding any contrary provision of subsections
(b) and (c) of Section 209, but subject to the last sentence of this Section
404, Notes bearing interest at a variable rate may be subject to redemption by
the County and/or put by the holder at any time or times and in any order, as
may be determined pursuant to written order of the Treasurer. Notes shall not
be subject to redemption more frequently than monthly.
Commissioners Minutes Continued. March 8, 2001
112
405. Remarketing, Repurchase and Resale.
(a) In the event Notes issued under this Article IV are
constituted as demand obligations, the interest rate on the Notes shall be
governed by, and shall be subject to, remarketing by a remarketing agent
appointed in accordance with Section 801(c), under the terms of a put
agreement employed in accordance with Section 801(d).
(b) The County shall be authorized, consistent with Act 206 and
pursuant to order of the Treasurer, to participate in the repurchase and
resale of Notes in order to reduce the cost of, or increase the revenue,
attendant to the establishment of the Revolving Fund and the issuance and
discharge of the Notes. Any purchase of Notes pursuant to this subsection (b)
shall be made with unpledged monies drawn from revolving funds established by
the County in connection with retired general obligation limited tax notes.
V.
MULTIPLE SERIES
501. Issuance of Multiple Series. At the option of the Treasurer,
exercisable by written order, the Notes issued under Article II, Article III
or Article X may be issued in two or more individually designated series.
Each series shall bear its own rate of interest, which may be fixed or
variable in accordance with Article IV. Various series need not be issued at
the same time and may be issued from time to time in the discretion of the
Treasurer exercisable by written order. In determining the dates of issuance
of the respective series, the Treasurer shall consider, among other pertinent
factors, the impact the dates selected may have on the marketability, rating
and/or qualification for credit support or liquidity support for, or insurance
of, the Notes. The Notes of each such series shall be issued according to
this Resolution in all respects (and the term "Notes" shall be deemed to
include each series of Notes throughout this Resolution), provided that:
(a) The aggregate principal amount of the Notes of all series
shall not exceed the maximum aggregate amount permitted under Section 103;
(b) Each series shall be issued pursuant to Article II or
Article III, and different series may be issued pursuant to different
Articles;
(c) Each series shall be issued pursuant to Section 502 or
Section 503, and different series may be issued pursuant to different
Sections;
(d) A series may be issued under Article II for one, two, or
three of the annual maturities set forth in Article II with the balance of the
annual maturities being issued under Article II or under Article III in one or
more other series, provided that the minimum annual maturities set forth in
Section 203 shall be reduced and applied pro rata to all Notes so issued; and
(e) The Notes of all series issued pursuant to Article II above
shall not, in aggregate, mature in amounts or on dates exceeding the maximum
authorized maturities set forth in Section 203.
502. Series Secured Pari Passu. If the Notes are issued in multiple
series pursuant to this Article V, each series of Notes may, by written order
of the Treasurer, be secured pari passu with the other by the security
described in and the amounts pledged by Article VII below. Moreover, such
security may, pursuant to further order of the Treasurer, be segregated in
accordance with the following provisions.
(a) The Treasurer may by written order establish separate sub-
accounts in the County's 2001 Note Reserve Account for each series of Notes,
into which shall be deposited the amount borrowed for the Note Reserve Account
for each such series.
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113
(b) The Treasurer may by written order establish separate sub-
accounts in the County's 2001 Note Payment Account for each series of Notes,
and all amounts deposited in the Note Payment Account shall be allocated to
the sub-accounts.
(c)(i) In the event separate sub-accounts are established
pursuant to subsection (b) above, and subject to Paragraph (ii) below, the
percentage of deposits to the County's 2001 Note Payment Account allocated to
each sub-account may be set equal to the percentage that Notes issued in the
corresponding series bears to all Notes issued under this Resolution or to any
other percentage designated by the Treasurer pursuant to written order;
provided that if the various series are issued at different times or if the
various series are structured with different maturity dates, (I) sums
deposited in the Note Payment Account prior to the issuance of one or more
series may upon the issuance of each such series be reallocated among the
various sub-accounts established under Subsection (b) above to achieve a
balance among the sub-accounts proportionate to the designated percentage
allocation, and/or (II) deposits to the Note Payment Account may be allocated
among the sub-accounts according to the total amount of debt service that will
actually be paid from the respective sub-accounts.
(ii) Alternatively, the Treasurer may, by written order, rank
the sub-accounts established under Subsection (b) above in order of priority,
and specify that each such sub-account shall receive deposits only after all
sub-accounts having a higher priority have received deposits sufficient to
discharge all (or any specified percentage of) Notes whose series corresponds
to any of the sub-accounts having priority.
(d) In the absence of a written order of the Treasurer to the
contrary, the amounts in each sub-account established pursuant to this Section
502 shall secure only the Notes issued in the series for which such sub-
account was established, until such Notes and interest on such Notes are paid
in full, after which the amounts in such sub-account may, pursuant to written
order of the Treasurer, be added pro rata to the amounts in the other sub-
accounts and thereafter used as part of such other sub-accounts to secure all
Notes and interest on such Notes for which such other sub-accounts were
created, until paid in full. Alternatively, amounts held in two or more sub-
accounts within either the Note Reserve Account or the Note Payment Account
may be commingled, and if commingled shall be held pari passu for the benefit
of the holders of each series of Notes pertaining to the relevant sub-
accounts.
503. Series Independently Secured. If the Notes are issued in multiple
series pursuant to this Article V, each series of Notes may, by written order
of the Treasurer, be independently secured in accordance with this Section
503.
(a) Each series of Notes shall pertain to one or more taxing
units, as designated by the Treasurer pursuant to written order, and no two
series of Notes shall pertain to the same taxing unit. A school district,
intermediate school district, or community college district extending beyond
the boundaries of a city in which it is located may, pursuant to written order
of the Treasurer, be subdivided along the boundaries of one or more cities and
each such subdivision shall be deemed a taxing unit for purposes of this
Section 503.
(b) Separate sub-accounts shall be established in the County's
2001 Tax Payment Account. Each sub-account shall receive the proceeds of one
and only one series of Notes, and amounts shall be disbursed from the sub-
account to only those taxing units designated as being in that series.
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114
(c) In the event Notes are issued for deposit into the Project
Account established under Section 701, separate sub-accounts shall be
established in the Project Account. Each sub-account shall receive the
proceeds of one and only one series of Notes, and amounts shall be disbursed
from the sub-account only to accounts, sub-accounts and/or taxing units
designated as being in the series corresponding to the sub-account from which
disbursement is being made.
(d) A separate sub-account shall be established in the County's
2001 Note Reserve Account for each series of Notes, into which shall be
deposited the amount determined by the Treasurer under Section 103 or Section
703 with respect to the series. Each sub-account shall secure one and only
one series.
(e) A separate sub-account shall be established in the County's
2001 Note Payment Account for each series of Notes. Each sub-account shall be
allocated only those amounts described in Section 704 which pertain to the
taxing units included in the series corresponding to the sub-account.
Chargebacks received from a taxing unit pursuant to Section 905 shall be
deposited in the sub-account corresponding to the series in which the taxing
unit is included. Amounts held in each sub-account shall secure the debt
represented by only those Notes included in the series corresponding to the
sub-account, and disbursements from each sub-account may be applied toward the
payment of only those Notes included in the series corresponding to the sub-
account.
(f) The amounts in each sub-account established pursuant to this
Section 503 shall secure only the Notes issued in the series for which such
sub-account was established until such Notes and interest on such Notes are
paid in full, after which any amounts remaining in such sub-account shall
accrue to the County and shall no longer be pledged toward payment of the
Notes.
VI.
TAXABILITY OF INTEREST
601. Federal Tax. The County acknowledges that the current state of
Federal law mandates that the Notes be structured as taxable obligations.
Consequently, the Notes shall, subject to Article X, be issued as obligations
the interest on which is not excluded from gross income for purposes of
Federal income tax.
602. State of Michigan Tax. Consistent with the treatment accorded all
obligations issued pursuant to Act 206, interest on the Notes shall be exempt
from the imposition of the State of Michigan income tax and the State of
Michigan single business tax, and the Notes shall not be subject to the State
of Michigan intangibles tax.
603. Change in Federal Tax Status. In the event there is a change in
the Federal tax law or regulations, a ruling by the U.S. Department of
Treasury or Internal Revenue Service establishes that the Notes may be issued
as exempt from Federal income taxes or a change in Michigan law causes the
Notes in the opinion of counsel to be exempt from federal income taxes, the
Notes may be so issued.
VII.
FUNDS AND SECURITY
701. Delinquent Tax Project Account. If the Notes are issued and sold
before the Treasurer has received certification from the taxing units of the
amount of the Delinquent Taxes and if such certification is not reasonably
anticipated in time to allow distribution of the proceeds of the Notes within
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115
20 days after the date of issue, a 2001 Delinquent Tax Project Account (the
"Project Account") shall be established by the Treasurer as a separate and
distinct fund of the County within its general fund. The Project Account
shall receive all proceeds from the sale of the Notes, including any premium
or accrued interest received at the time of sale. The Project Account shall
be held in trust by an escrow agent until the monies therein are disbursed in
accordance with this Article VII. The escrow agent shall be a commercial
bank, shall be located in Michigan, shall have authority to exercise trust
powers, and shall have a net worth in excess of $25,000,000. The form and
content of the agreement between the County and the escrow agent shall be
approved by the Treasurer. Subject to the following sentence, monies
deposited in the Project Account shall be expended only (i) for the purpose of
funding the Tax Payment Account established under Section 702 and (ii) to the
extent permitted by Act 206, for the purpose of paying the expenses of the
offering of the Notes. In the event the Treasurer by written order so
directs, additional funding of the Project Account may be undertaken, and any
surplus proceeds remaining in the Project Account after the Treasurer has
completed the funding of the Tax Payment Account may be transferred to either
the 2001 Note Reserve Account created under Section 703 or the 2001 Note
Payment Account created under Section 704. Monies in the Project Account may
be disbursed by the escrow agent to the County's 2001 Tax Payment Account at
any time and from time to time, upon receipt of a written requisition signed
by the Treasurer.
702. 2001 Tax Payment Account. The County's 2001 Tax Payment Account
(the "Tax Payment Account") is hereby established as a distinct account within
the Revolving Fund. The Treasurer shall designate all or a portion of the
proceeds of the Notes, not to exceed the amount of Delinquent Taxes, for
deposit in the Tax Payment Account. If, however, the proceeds of the Notes
are initially deposited in the Project Account pursuant to Section 701, the
Treasurer is instead authorized and directed to transfer monies included in
the Project Account in accordance with the procedures set forth in Section
701. The County shall apply the monies in the Tax Payment Account to the
payment of the Delinquent Taxes or expenses of the borrowing in accordance
with Act 206. The allocation of monies from the Tax Payment Account may be
made pursuant to a single, comprehensive disbursement or may instead be made
from time to time, within the time constraints of Act 206, to particular
taxing units as monies are paid into the Tax Payment Account, such that the
source of the monies (whether from the County's own funds, from the proceeds
of a tax exempt borrowing or from the proceeds of a taxable borrowing) may be
traced to the particular taxing unit receiving the funds. Moreover, and
regardless of whether multiple series of Notes are issued, the Tax Payment
Account may be divided into separate sub-accounts in order to allow the
Treasurer to designate which taxing units shall receive borrowed funds and
which shall receive funds otherwise contributed by the County.
703. 2001 Note Reserve Account. In the event funding is provided as
described in this Section 703, the Treasurer shall establish a 2001 Note
Reserve Account (the "Note Reserve Account") as a distinct account within the
Revolving Fund. After depositing all of the monies to fund the Tax Payment
Account pursuant to Section 702, the Treasurer shall next transfer to the Note
Reserve Account, either from the Project Account or directly from the proceeds
of Notes, any proceeds remaining from the initial issuance of the Notes. In
addition, the Treasurer may transfer unpledged monies from other County
sources to the Note Reserve Account in an amount which, when added to any
other amounts to be deposited in the Note Reserve Account, does not exceed the
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116
amount reasonably required for the Notes secured by the Reserve Account or, if
less, 20% of the total amount of the Notes secured by the Reserve Account.
Except as provided below, all monies in the Note Reserve Account shall be used
solely for payment of principal of, premium, if any, and interest on the Notes
to the extent that monies required for such payment are not available in the
County's 2001 Note Payment Account. Monies in the Note Reserve Account shall
be withdrawn first for payment of principal of, premium, if any, and interest
on the Notes before County general funds are used to make the payments. All
income or interest earned by, or increment to, the Note Reserve Account due to
its investment or reinvestment shall be deposited in the Note Reserve Account.
When the Note Reserve Account is sufficient to retire the Notes and accrued
interest thereon, the Treasurer may order that the Note Reserve Account be
used to purchase the Notes on the market, or, if the Notes are not available,
to retire the Notes when due. If so ordered by the Treasurer, all or any
specified portion of the Note Reserve Account may be applied toward the
redemption of any Notes designated for redemption in accordance with Section
209.
704. 2001 Note Payment Account.
(a) The County's 2001 Note Payment Account is hereby established
as a distinct account within the Revolving Fund. (The County's 2001 Note
Payment Account, as supplemented by monies held in any interim account that
are designated for transfer to the 2001 Note Payment Account, is herein
referred to as the "Note Payment Account".) The Treasurer is directed to
deposit into the Note Payment Account, promptly on receipt, those amounts
described below in Paragraphs (i), (ii), (iv), and (v) that are not excluded
pursuant to Subsection (c) below. Furthermore, the Treasurer may, by written
order, deposit into the Note Payment Account all or any portion of the amounts
described below in Paragraph (iii).
(i) All Delinquent Taxes.
(ii) All statutory interest on the Delinquent Taxes.
(iii) All property tax administration fees on the Delinquent
Taxes, net of any amounts applied toward the expenses of this borrowing.
(iv) Any amounts that are received by the Treasurer from the
taxing units within the County because of the uncollectability of the
Delinquent Taxes.
(v) Any amounts remaining in the Project Account after the
transfers to the Tax Payment Account and Note Reserve Account have been made
as specified in Sections 702 and 703.
(b) Monies in the Note Payment Account shall be used by the
County to pay principal of, premium, if any, and interest on the Notes as the
same become due and payable.
(c)(i) The Treasurer may by written order provide that only a
portion of the sums described above in Subsection (a) shall be deposited into
the Note Payment Account and applied toward the payment of debt service on the
Notes, in which event those sums which are withheld from the Note Payment
Account shall be deposited into the Tax Payment Account or, pursuant to
further order of the Treasurer, applied toward any other purpose consistent
with Act 206. The portion of any sums described in Subsection (a) which are
withheld from the Note Payment Account pursuant to this Subsection shall be
determined in accordance with the following Paragraph.
(ii) Prior to the issuance of the Notes, the Treasurer may by
written order specify a cut-off date not earlier than March 1, 2001, and only
those sums payable to the Note Payment Account and received by the County
after the cut-off date shall be applied to the Note Payment Account.
Commissioners Minutes Continued. March 8, 2001
117
(d) The Treasurer may by written order provide that at such time
as sufficient funds shall have been deposited into the Note Payment Account to
pay all remaining amounts owed under the Notes the pledge on any additional
monies otherwise payable to the Note Payment Account shall be discharged and
such monies shall not be deposited into the Note Payment Account or otherwise
pledged toward payment of the Notes.
(e) The Treasurer may by written order provide that in the event
Notes are issued pursuant to Article III, amounts that would otherwise be
included in the Note Payment Account or the Note Reserve Account (or any sub-
account therein for a particular series of Notes) shall not include any
amounts received by the County prior to the latest maturity date of any series
of Notes previously issued under Article II and/or Article III.
705. Limited Tax General Obligation and Pledge.
(a) The Notes shall be the general obligation of the County,
backed by the County's full faith and credit, the County's tax obligation
(within applicable constitutional and statutory limits) and the County's
general funds. The County budget shall provide that if the pledged monies are
not collected in sufficient amounts to meet the payments of the principal and
interest due on the Notes, the County, before paying any other budgeted
amounts, shall promptly advance from its general funds sufficient monies to
pay such principal and interest.
(b) In addition, the monies listed below are pledged to the
repayment of the Notes and, subject to Section 901, shall be used solely for
repayment of the Notes until the principal of, premium (if any) and interest
on the Notes are paid in full:
(i) All amounts deposited or earned in any Project
Account, until disbursed in accordance with Section 701;
(ii) All net proceeds from the sale of the Notes deposited or
earned in the Tax Payment Account, until disbursed in accordance with Section
702;
(iii) All amounts deposited in the Note Payment Account
pursuant to Section 704(a);
(iv) All amounts deposited in the Note Reserve Account;
(v) All amounts earned from the investment of monies held
in the Note Payment Account or the Note Reserve Account; and
(vi) Any supplemental monies placed in the Note Payment Account
and drawn in the discretion of the Treasurer from unpledged sums on the
revolving funds, which pledge shall be subject to such limitations or
exceptions as shall be set forth in the written order of the Treasurer.
(c) If the Notes shall be issued in various series pursuant to
Article V, this pledge shall in the case of any independently secured series
extend only to monies in accounts or sub-accounts pertaining to the particular
series.
(d) If the amounts so pledged are not sufficient to pay the
principal and interest when due, the County shall pay the same from its
general funds or other available sources. Pursuant to written order of the
Treasurer, the County may later reimburse itself for such payments from the
Delinquent Taxes collected.
706. Security for Renewal, Refunding or Advance Refunding Notes.
Renewal, refunding, or advance refunding Notes shall be secured by all or any
portion of the same security securing the Notes being renewed, refunded or
advance refunded. The monies pledged in Section 705 for the repayment of the
Notes are also pledged for the repayment of the principal of, premium, if any,
and interest on any renewal, refunding, or advance refunding Notes issued
Commissioners Minutes Continued. March 8, 2001
118
pursuant to this Resolution, and any such renewal, refunding, or advance
refunding Notes shall be the general obligation of the County, backed by its
full faith and credit, which shall include the tax obligation of the County,
within applicable constitutional and statutory limits.
707. Use of Funds after Full Payment or Provisions for Payment. After
all principal of, premium, if any, and interest on the Notes have been paid in
full or provision made therefor by investments of pledged amounts in direct
noncallable obligations of the United States of America in amounts and with
maturities sufficient to pay all such principal, premium, if any, and interest
when due, any further collection of Delinquent Taxes and all excess monies in
any fund or account of the Revolving Fund, and any interest or income on any
such amounts, may, pursuant to written order of the Treasurer and subject to
Article V, be used for any proper purpose within the Revolving Fund including
the securing of subsequent issues of notes.
VIII.
SUPPLEMENTAL AGREEMENTS
801. Supplemental Agreements and Documents. The Treasurer, on behalf
of the County, is authorized to enter into any or all of the following
agreements or commitments as may, in the Treasurer's discretion, be necessary,
desirable or beneficial in connection with the issuance of the Notes, upon
such terms and conditions as the Treasurer may determine appropriate:
(a) A letter of credit, line of credit, repurchase agreement,
note insurance, or similar instrument, providing backup liquidity and/or
credit support for the Notes;
(b) A reimbursement agreement, revolving credit agreement,
revolving credit note, or similar instrument, setting forth repayments of and
security for amounts drawn under the letter of credit, line of credit,
repurchase agreement or similar instrument;
(c) A marketing, remarketing, placement, authenticating, paying
or tender agent agreement or dealer agreement designating a marketing,
remarketing, authenticating, paying, tender or placement agent or dealer and
prescribing the duties of such person or persons with respect to the Notes;
and
(d) A put agreement or provision allowing the purchaser of the
Notes to require the County to repurchase the Notes upon demand at such times
as may be provided in such put agreement or provision.
(e) An agreement to use amounts formerly pledged to other years
borrowings as security for the Notes when no longer so pledged.
802. Revolving Credit Notes. If the Treasurer enters into a revolving
credit agreement (the "Agreement") pursuant to Section 801 above, the
Agreement may call for the issuance of one or more revolving credit notes (the
"Revolving Credit Notes") for the purpose of renewing all or part of maturing
Notes or Notes that have been put pursuant to a put agreement or provision.
Such Revolving Credit Notes shall be issued pursuant to Article II or III, as
appropriate, and in accordance with the following provisions:
(a) Interest on the Revolving Credit Notes may be payable on
maturity, on prior redemption, monthly, bi-monthly, quarterly, or as otherwise
provided in the Agreement.
(b) The Revolving Credit Notes may mature on one or more date or
dates not later than the final maturity date of the Notes, as provided in the
Agreement.
(c) The Treasurer may, at the time of the original issuance of
the Notes, execute and deliver one Revolving Credit Note in a maximum
principal amount not exceeding the lending commitment under the Agreement from
Commissioners Minutes Continued. March 8, 2001
119
time to time in force (and may substitute one such Note in a lesser principal
amount for another in the event the lending commitment is reduced), provided
that a schedule shall be attached to such Note on which loans and repayments
of principal and interest are evidenced and further provided that the making
of a loan and the evidencing of such loan on the schedule of any such Note
shall constitute the issuance of a renewal Note for purposes of this
Resolution.
IX.
MISCELLANEOUS PROVISIONS
901. Expenses. Expenses incurred in connection with the Notes shall be
paid from the property tax administration fees collected on the Delinquent
Taxes and, if so ordered by the Treasurer, from any earnings on the proceeds
of the offering or from other monies available to the County.
902. Application to Department of Treasury. The Treasurer or Bond
Counsel is authorized to make application to the Department of Treasury on
behalf of the County for an order permitting the County to make this borrowing
and issue the Notes or to apply to the Department of Treasury for an
exception to prior approval.
903. Bond Counsel. The Notes (and any renewal, refunding or advance
refunding Notes) shall be delivered with the unqualified opinion of John R.
Axe and Associates, P.C., which selection of bond counsel may, at the option
of the Treasurer, be for one or more years.
904. Financial Consultants Municipal Financial Consultants
Incorporated, Grosse Pointe Farms, Michigan, is hereby retained to act as
financial consultant and advisor to the County in connection with the sale and
delivery of the Bonds.
905. Complete Records. The Treasurer shall keep full and complete
records of all deposits to and withdrawals from each of the funds and accounts
in the Revolving Fund and any account or sub-account created pursuant to this
Resolution and of all other transactions relating to such funds, accounts and
sub-accounts, including investments of money in, and gain derived from, such
funds and accounts.
906. Chargebacks. If, by the date which is three months prior to the
final maturity date of the Notes, sufficient monies are not on deposit in the
Note Payment Account and the Note Reserve Account to pay all principal of and
interest on the Notes when due, Delinquent Taxes not then paid or recovered at
or prior to the latest tax sale transacted two or more months before the final
maturity of the Notes shall, if necessary to ensure full and timely payment on
the date of final maturity, be charged back to the local units in such fashion
as the Treasurer may determine, and, subject to Article V, the proceeds of
such chargebacks shall be deposited into the County's 2001 Note Payment
Account no later than five weeks prior to the final maturity of the Notes.
This Section 905 shall not be construed to limit the authority of the
Treasurer under State law to charge back under other circumstances or at other
times.
907. Investments. The Treasurer is authorized to invest all monies in
the Project Account, in the Revolving Fund or in any account or sub-account
therein that is established pursuant to this Resolution in any one or more of
the investments authorized as lawful investments for counties under Act No.
20, Public Acts of 1943, as amended. The Treasurer is further authorized to
enter into a contract on behalf of the County under the Surplus Funds
Investment Pool Act, Act No. 367, Michigan Public Acts of 1982, as amended,
and to invest in any investment pool created thereby monies held in the
Commissioners Minutes Continued. March 8, 2001
120
Project Account, in the Revolving Fund, or in any account or sub-account
therein which is established pursuant to this Resolution.
908. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note
is mutilated, lost, stolen, or destroyed, the Treasurer may, on behalf of the
County, execute and deliver, or order the Registrar or Paying Agent to
authenticate and deliver, a new Note having a number not then outstanding, of
like date, maturity and denomination as that mutilated, lost, stolen or
destroyed. In the case of a mutilated Note, a replacement Note shall not be
delivered unless and until such mutilated Note is surrendered to the Treasurer
or the Registrar or Paying Agent. In the case of a lost, stolen, or destroyed
Note, a replacement Note shall not be delivered unless and until the Treasurer
and the Registrar or Paying Agent shall have received such proof of ownership
and loss and indemnity as they determine to be sufficient.
ARTICLE X.
TAX-EXEMPT NOTES OR REFUNDING
1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The
County acknowledges that the current state of Federal law precludes the
issuance of the Notes as obligations the interest on which is exempt from
Federal income tax. However, the County presently contemplates that
anticipated amendments to the Internal Revenue Code of 1986 (the "Code")
and/or the Treasury Regulations issued thereunder (the "Regulations") or a
change in Michigan law changing the character of the Notes may in the future
permit the issuance of general obligation limited tax notes on a tax-exempt
basis, and, in view of this expectation, the County, through the offices of
the Treasurer, shall issue tax-exempt notes or issue obligations to refund any
or all outstanding Notes issued as taxable obligations, at the time, on the
terms, and to the extent set forth in this Article X.
1002. Timing of Refunding. The aforementioned refunding obligations
(the "Refunding Notes") shall be issued after the effective date of any change
in the Code, Regulations, Internal Revenue Service pronouncements or judicial
rulings which, as confirmed by the written opinion of bond counsel, permit the
refunding of all or some of the outstanding Notes with proceeds from
obligations the interest on which is excluded from gross income for purposes
of Federal income tax.
1003. Extent of Refunding. Subject to the other provisions of this
Section 1003, the Refunding Notes shall refund all Notes outstanding at or
after the effective date of any change in the law described in Section 1002.
This Section 1003 shall not, however, be construed to require the refunding of
any Note prior to the time such Note may be refunded on a tax-exempt basis,
nor shall this Section 1003 be construed to require the refunding of any Note,
if that refunding would result in greater cost to the County (including
interest expense, professional fees and administrative outlays) than would
arise if the Note were to remain outstanding.
1004. Confirmatory Action. Subsequent to any change in the law
described in Section 1002, the Board shall convene to consider any terms of
the Refunding Bonds requiring specific ratification by the Board.
1005. Arbitrage Covenant and Tax Law Compliance. In the event tax-
exempt Notes or Refunding Notes are issued pursuant to this Article X, the
following covenants shall be observed by the County:
(i) the County will _make no use_of the proceeds of the
Notes or Refunding Notes and will undertake no other intentional act with
respect to the Notes or Refunding Notes which, if such use or act had been
reasonably expected on the date of issuance of the Notes or Refunding Notes or
if such use or act were intentionally made or undertaken after the date of
Commissioners Minutes Continued. March 8, 2001
121
issuance of the Notes or Refunding Notes, would cause the Notes or Refunding
Notes to be "arbitrage bonds," as defined in Section 148 of the Internal
Revenue Code of 1986, as amended (the "Code"), in the Regulations promulgated
under Sections 103 and 148 of the Code or in any successor or supplementary
provision of law hereinafter promulgated,
(ii) the County will undertake all actions as shall be necessary
to maintain the Notes or Refunding Notes as obligations the interest on which
qualifies for the tax exemption provided by Section 103(a) of the Code,
including, where appropriate and without limitation, filing informational
returns with the Secretary of Treasury, keeping accurate account of all monies
earned in any fund, account or sub-account authorized by this Resolution or
any resolution adopted in accordance with Section 1004 above, certifying
cumulative cash flow deficits of the County and the local units, and investing
any required portion of the gross proceeds of the Notes or Refunding Notes,
whether on behalf of the County or the local units, in tax-exempt obligations
or State and Local Government Series obligations, and
(iii) the County will make timely payment to the United
States of any investment earnings, realized by the County on the gross
proceeds of the Notes or Refunding Notes, as may be subject to rebate under
Section 148(f) of the Code, and, to the extent required under applicable law
or deemed by the Treasurer to be in the best interest of the County pursuant
to written order, the County's obligation to make such payment to the United
States shall also account for excess investment earnings realized by local
units on all or a portion of the gross proceeds distributed to, and held by,
the local units pursuant to Section 702.
(iv) the Treasurer shall be directed to take such actions and to
enter into such agreements and certifications, on behalf of the County, as the
Treasurer shall deem necessary or appropriate to comply with the foregoing
covenants.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01055
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT
2000 TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Administrative Fund is necessary for the County Treasurer to
administer the Delinquent Tax Revolving Fund.
NOW THEREFORE BE IT RESOLVED that the County Treasurer, pursuant to
Section 87c, Sub-Section (2), of Act 206, is designated as Agent for the
County, and the Treasurer's office shall receive such sums as are provided in
Section 87c, Sub-Section (3), to cover administrative expenses.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 139.)
Commissioners Minutes Continued. March 8, 2001
122
*MISCELLANEOUS RESOLUTION #01056
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – USE OF DESIGNATED FUND BALANCE
FOR CARRY-FORWARDS (TREASURER)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #00333, the Board of
Commissioners approved the Fiscal Year 2000 Year End Report; and
WHEREAS included in that resolution was the creation of a Designated
Fund Balance for Carry-Forwards, in the amount of $1,401,600, which is to be
used to support the cost of on-going projects, authorized but not completed in
Fiscal Year 2000; and
WHEREAS of the Carry-Forward designated fund balance total, $40,000
represents the Oakland County Treasurer’s amount authorized in Fiscal Year
2000 for the purchase of cash registers for various County departments; and
WHEREAS the Treasurer’s Office has now requested the use of $40,000 of
these funds; and
WHEREAS these requests properly reflect the use of the Designated Fund
Balance for Carry-Forwards as it was originally created.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes
the use of $40,000 of the Carry-Forward designated fund balance total, to fund
the purchase of cash registers by the Treasurer’s Office for various County
departments.
BE IT FURTHER RESOLVED that the Fiscal Year 2001 Budget be amended, as
specified below, to reflect the use of the Designated Fund Balance for Carry-
Forwards:
General Fund Revenue FY 2001
90-190000-14000-1582 Prior Years Balance ($40,000)
General Fund Expenditures
22-221120-01000-3348 Professional Services $40,000
$ - 0 -
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01057
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2001 FIRST QUARTER
FINANCIAL FORECAST AND BUDGET AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act
for Local Units of Government, provides for adjustments to the Adopted Budget;
and
WHEREAS in accordance with Oakland County General Appropriations Act
Section 22, which authorizes budget adjustments for variances between the
budgeted revenue and actual revenue, and Section 23, which authorizes budget
adjustments for variances between estimated revenue and projected
expenditures, adjustments are required; and
WHEREAS the Fiscal Year (FY) 2001 First Quarter Financial Forecast
Report has identified several variances and budget amendments are recommended;
and
WHEREAS the Elections Division of the County Clerk's Office is currently
undergoing renovations, whereby, in order to complete the renovation,
additional funding is necessary to avoid an unfavorable variance; and
WHEREAS there is also a need for additional funds to cover an increase
in document indexing for enhanced access, Internet service and miscellaneous
supplies for the Register of Deeds Division; and
WHEREAS the County Clerk is anticipating a favorable variance in revenue
for Mortgages, Land Transfer Tax and Recording Fees, due to current high level
of activity to help offset these costs; and
WHEREAS an adjustment of Building Space Cost Allocation accounts in the
Circuit Court and Probate Court, is necessary for the new Family Division of
the Circuit Court due to the recent reorganization; and
Commissioners Minutes Continued. March 8, 2001
123
WHEREAS the Job Training Partnership Act (JTPA) program has been
organizationally relocated from the Department of Public Services to the
Department of Community and Economic Development as part of the Fiscal Year
2001 Budget and reimbursement for salaries for the departmental Director's
administrative services is also recommended to be moved from Public Services -
Administration to Community and Economic Development - Administration; and
WHEREAS with the reorganization of Juvenile Maintenance Services under
the Circuit Court, and as primary users of the State Institutions expenditure
budget, it is recommended that the allocation for State Institutions be moved
from the Non-Departmental budget to the Circuit Court/Family Division's budget
for the purposes of enhancing accountability; and
WHEREAS the State has issued to the County an additional distribution of
revenue for board and care of diverted felons housed in the Oakland County
Jail, due to aggressive billing by Fiscal Services staff; and
WHEREAS the Medical Examiner has received a donation in the sum of
$1,000 for enhancements for educational resources and growth of the Medical
Examiner's Office Library; and
WHEREAS the MSU Extension division of Oakland County is experiencing a
decline in revenue for the Gypsy Moth Suppression Program due to successful
results in reducing the need for spraying, and the decline in the number of
municipalities participating in the program; and
WHEREAS the Sheriff Department's Fugitive Apprehension Team (FAT), per
Miscellaneous Resolution #00306, is assisting in monitoring tethered offenders
who are part of the Global Positioning System (GPS) Step Down Program through
Community Corrections and additional funding is needed to cover the Overtime
cost for these services; and
WHEREAS Central Services - Support Services under the General Fund, is
reflecting an insufficient budget appropriation for its personnel costs and
the purchase of an x-ray machine for the Mailroom, which was approved as part
of an employee suggestion and recommendation by the Board and Court Security
Committee; and
WHEREAS Personnel's Employees Relations Division has a need for
additional funding to cover an extended contract with Brown, Schwartz,
Patterson and Ankers P.C. for continued Cultural Diversity training sessions
for the County; and
WHEREAS the Human Resources Division has recently renovated the
reception area of their office to accommodate the need for additional space,
and is in need of additional funding to cover the cost; and
WHEREAS within the Public Services Department, insufficient
appropriations were budgeted related to current costs in Controllable
Personnel and Non-Controllable Operating; and
WHEREAS due to numerous expenditure requests from various departments,
it is necessary to increase the Non-Department Contingency account to its
original appropriation; and
WHEREAS Operating Transfers from the Non-Department budget is
recommended for the following:
Equipment Fund - Due to purchase and installation of In-Car
Cameras for the vehicles purchased by the Sheriff's Department, as part
of the contracts with additional municipalities.
Central Services/Motor Pool and Support Services - Due to a budget
adjustment to reallocate Miscellaneous Capital Outlay funds to the
appropriate expense accounts.
Information Technology/Administration/DISC - To cover additional
cost for the Estates and Protected Individuals Code (EPIC) project as
established per Miscellaneous Resolution #00060. Also, a budget
adjustment to reallocate Enhanced Access Fees and Services Fees from
Administration to DISC as the appropriate expense accounts.
Fringe Benefit Fund - Due to purchase of additional PeopleSoft
training units as a result of significant technical changes in
functionality of the system.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the
Fiscal Year 2001 First Quarter Financial Forecast.
BE IT FURTHER RESOLVED the Board authorizes amendments to the Fiscal
Year 2001 Budget as detailed on the attached Schedules A and B.
Commissioners Minutes Continued. March 8, 2001
124
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Schedules A and B on file in County Clerk’s Office.
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01058
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/CHILDREN’S VILLAGE DIVISION – “SEXUALLY
TRANSMITTED DISEASE PREVALENCE AND REPRODUCTIVE HEALTH SERVICES FOR ADOLESCENT
WOMEN IN SPECIAL SETTINGS” GRANT APPLICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the U.S. Centers for Disease Control and Prevention (CDC) has
announced the availability of Fiscal Year 2001 supplemental funds “For
Comprehensive STD Prevention Systems: Monitoring STD Prevalence and
Reproductive Health Services for Adolescent Women in Special Settings”; and
WHEREAS the Michigan Department of Community Health (MDCH) has requested
Children’s Village to conduct the pilot project for the state, focusing on the
intent of the grant; and
WHEREAS the MDCH will use this project to apply for funding from the
CDC; and
WHEREAS Children’s Village has identified an at-risk population of
adolescent females within Children’s Village; and
WHEREAS Children’s Village and the Health Division have worked
collaboratively in identifying at-risk adolescent women in special settings in
addition to juvenile detention, such as the county jail, teen health centers,
community-based youth service programs, and substance abuse treatment sites;
and
WHEREAS funding may be available from the CDC and MDCH to fund one
project within the state of Michigan; and
WHEREAS the funding which may be available to Oakland County amounts to
$125,000; and
WHEREAS acceptance of this grant award does not obligate Oakland County
to future funding; and
WHEREAS this grant will be 100% supported by federal and state funding.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the submission of this grant application by the
Department of Human Services/Children’s Village Division.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
(The vote for this motion appears on page 139.)
*REPORT (MISC. #01034)
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – CREATION OF A SENIOR DATA BASE
ADMINISTRATOR CLASSIFICATION, AND RECLASSIFICATION OF ONE (1) POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution
on February 28, 2001, recommends the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance
of the foregoing report.
PERSONNEL COMMITTEE
Commissioners Minutes Continued. March 8, 2001
125
MISCELLANEOUS RESOLUTION #01034
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - CREATION OF A SENIOR DATA BASE
ADMINISTRATOR CLASSIFICATION, AND RECLASSIFICATION OF ONE (1) POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County operates important data base applications which are
client/server and mainframe computer based for areas such as law enforcement,
property tax generation and billing, court administration, human resources,
and finance; and
WHEREAS the Data Base Administration Unit of Information Technology
works closely with a variety of contracted and County programming and
technical staff to ensure that the data base programs are properly developed,
installed, maintained, and updated; and
WHEREAS the Data Base Administration Unit is currently comprised of six
Data Base Administrator (DBA) positions and one Supervisor-DBA; and
WHEREAS the Supervisor-DBA has both administrative duties and
responsibility for data base standards and policy; and
WHEREAS the Personnel Department recently reviewed the duties and
responsibilities of the Data Base Administration Unit within the Information
Technology Department and found that the establishment of a senior
classification would provide an experienced technical specialist to assist the
Supervisor - DBA and handle the most difficult data base programming and
operational issues; and
WHEREAS an existing DBA position is proposed to be reclassified to
Senior Data Base Administrator to provide the identified duties.
NOW THEREFORE BE IT RESOLVED that the classification of Senior Data Base
Administrator, overtime exempt, be established, excepted from salary grade
placement, at the following salary range:
Base 1 Year 2 Year 3 year 4 Year 5 Year
$63,059 $66,853 $70,652 $74,446 $78,246 $82,046
BE IT FURTHER RESOLVED that Data Base Administrator position 18601-05782
be reclassified to Senior Data Base Administrator.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (MISC. #01034)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – CREATION OF SENIOR DATA BASE
ADMINISTRATOR CLASSIFICATION, AND RECLASSIFICATION OF ONE (1) POSITION
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:
1. The resolution establishes the new full-time Merit System Senior
Data Base Administrator classification, overtime exempt, and
reclassifies one Data Base Administrator position (18601-05782) to
Senior Data Base Administrator, effective February 24, 2001.
2. The net cost of this changes equals $3,385 for the balance of
Fiscal Year 2001 and $5,975 for Fiscal Year 2002. The Information
Technology Fund Balance will be used to cover the net cost; no
General Fund/General Purpose appropriation is required.
Commissioners Minutes Continued. March 8, 2001
126
3. The Fiscal Year 2001 and 2002 Information Technology Fund budgets
should be amended as specified:
FY2001 FY2002
2-18-636162-15000-2001 Salary Regular $2,506 $4,468
2-18-636162-15000-2074 Fringe Benefits 879 1,507
Use of Fund Balance ( 3,385) ( 5,975)
$ 0 $ 0
FINANCE COMMITTEE
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01032
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2001 DEVELOPMENT
APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all data processing development cost is incorporated as a single
appropriation within the non-departmental budget and then an amount equal to
the actual expense is transferred to the user department with a summary report
to the Finance Committee; and
WHEREAS the Department of Information Technology has determined the
First Quarter 2001 data processing development charges to be $1,168,851 and
the imaging development charge to be $44,564 for the General Fund/General
Purpose County departments; and
WHEREAS direct charges to Special Revenue and Proprietary Fund
departments are $234,340 and non-county agencies are $42,273 for the First
Quarter 2001; and
WHEREAS an appropriation transfer to General Fund/General Purpose County
departments is needed to fund these development charges.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners has reviewed the First Quarter 2001 Data Processing Development
Report and approves the First Quarter appropriation transfer as specified on
the attached schedule.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of attachment on file in County Clerk’s office.
FISCAL NOTE (MISC. #01032)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2001 DEVELOPMENT
APPROPRIATION TRANSFER
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:
1. The resolution authorizes appropriation and charge of Information
Technology First Quarter 2001 Development cost to benefiting
departments.
2. The first quarter data processing development charges are $1,168,851;
imaging development charges are $44,564 for General Fund/General
Purpose departments; direct charges to Special Revenue and
Proprietary fund departments are $234,340; and charges to non-county
agencies are $42,273.
3. The respective departmental Fiscal Year 2001 budgets should be
amended as specified in the attached detail report.
FINANCE COMMITTEE
Copy of attachment on file in County Clerk’s Office.
(The vote for this motion appears on page 139.)
Commissioners Minutes Continued. March 8, 2001
127
*MISCELLANEOUS RESOLUTION #01059
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING
PROJECT PLAN (DATA REPRODUCTIONS CORPORATION PROJECT) - CITY OF AUBURN HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Economic Development Corporation of the County of Oakland
(the "EDC") has recommended that the Board of Commissioners approve the Project
Plan required by the Economic Development Corporations Act (the "Act") for the
captioned Project, a copy of which has been presented to this meeting (the
"Project Plan"); and
WHEREAS the EDC's recommendations to the Board of Commissioners were
based upon its determinations that the Project is reasonable and necessary to
effectuate the purposes of the Act and that the Project Plan satisfies all of
the requirements of the Act regarding project plans; and
WHEREAS the governing body of the City of Auburn Hills, Oakland County,
Michigan, has also approved the Project Plan and given its consent to the
exercise of jurisdiction over the Project by the EDC; and
WHEREAS the Board of Commissioners has held a public hearing to consider
whether the Project Plan constitutes a public purpose as contemplated by the
Act; and
WHEREAS the Board of Commissioners, following such public hearing and its
review of the Project Plan, concurs in the determinations of the EDC with
respect thereto.
NOW THEREFORE BE IT RESOLVED that the Project Plan is hereby determined
to constitute a public purpose as contemplated by the Act and is hereby
approved.
BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such
steps as are necessary to implement the Project and the financing thereof by
the issuance of its limited obligation revenue bonds as contemplated by the
Project Plan.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Assistant Secretary of
the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of EDC Project Plan, Data Reproductions Corporation Project, on file
in County Clerk’s Office.
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01060
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT PLAN (OSMIC, INC. PROJECT) - CITY OF AUBURN HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS The Economic Development Corporation of the County of Oakland
(the "EDC") has recommended that the Board of Commissioners approve the
Project Plan required by the Economic Development Corporations Act (the "Act")
for the captioned Project, a copy of which has been presented to this meeting
(the "Project Plan"); and
WHEREAS the EDC's recommendations to the Board of Commissioners were
based upon its determinations that the Project is reasonable and necessary to
effectuate the purposes of the Act and that the Project Plan satisfies all of
the requirements of the Act regarding project plans; and
WHEREAS the governing body of the City of Auburn Hills, Oakland County,
Michigan, has also approved the Project Plan and given its consent to the
exercise of jurisdiction over the Project by the EDC; and
WHEREAS the Board of Commissioners has held a public hearing to consider
whether the Project Plan constitutes a public purpose as contemplated by the
Act; and
Commissioners Minutes Continued. March 8, 2001
128
WHEREAS the Board of Commissioners, following such public hearing and
its review of the Project Plan, concurs in the determinations of the EDC with
respect thereto.
NOW THEREFORE BE IT RESOLVED that the Project Plan is hereby determined
to constitute a public purpose as contemplated by the Act and is hereby
approved.
BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such
steps as are necessary to implement the Project and the financing thereof by
the issuance of its limited obligation revenue bonds as contemplated by the
Project Plan.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Assistant Secretary of
the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of EDC Project Plan, Osmic, Inc. Project, on file in County Clerk’s
Office.
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01061
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (AMERICAN LABEL & TAG, INC.
PROJECT) - CITY OF SOUTHFIELD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to
alleviate and prevent conditions of unemployment, to assist and retain local
industrial and commercial enterprises in order to strengthen and revitalize
the County's economy and to encourage the location and expansion of such
enterprises to provide needed services and facilities to the County and its
residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the
Michigan Public Acts of 1974, as amended (the "Act") provides a means for the
encouragement of such projects in this County through the County's Economic
Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit
of such a project (American Label & Tag, Inc. Project) and has designated to
this Board of Commissioners a Project Area and Project District Area for its
approval.
NOW THEREFORE BE IT RESOLVED that the Project Area as designated by the
EDC to this Board is hereby certified as approved.
BE IT FURTHER RESOLVED that it having been determined that the territory
surrounding said designated Project Area will not be significantly affected by
the Project because the surrounding territory is devoted to
commercial/industrial uses, a Project District Area having the same
description as and boundaries coterminous with the Project Area herein
certified as approved be hereby established.
BE IT FURTHER RESOLVED that it having been determined that there are
less than eighteen residents, real property owners, or representatives of
establishments located within the Project District Area, a Project Citizens
District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Secretary of the Board
of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of American Label & Tag, Inc., EDC Project No. 01-08, on file in
County Clerk’s Office.
Commissioners Minutes Continued. March 8, 2001
129
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01062
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (AMERICAN LABEL & TAG, INC.
PROJECT) - CITY OF SOUTHFIELD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the
Board of Directors of The Economic Development Corporation of the County of
Oakland designating a Project Area and Project District Area for a project
(American Label & Tag, Inc. Project) under the Economic Development
Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended
(the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County
Executive of the County of Oakland of two additional directors to the Board of
said Economic Development Corporation in connection with said Project, in
accordance with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the appointments of Donald Gross and
Tom Vukonich, who are representative of neighborhood residents and business
interests likely to be affected by said Project, to the Board of Directors of
The Economic Development Corporation of the County of Oakland are hereby
confirmed in accordance with Section 4(2) of the Act, and such additional
Directors shall cease to serve when the Project is either abandoned or, if
undertaken, is completed in accordance with the Project Plan therefore.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict
with this resolution are hereby repealed, but only to the extent of such
conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Assistant Secretary of
the Board of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01063
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (GONZALEZ DESIGN GROUP
PROJECT) - CITY OF MADISON HEIGHTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to
alleviate and prevent conditions of unemployment, to assist and retain local
industrial and commercial enterprises in order to strengthen and revitalize
the County's economy and to encourage the location and expansion of such
enterprises to provide needed services and facilities to the County and its
residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the
Michigan Public Acts of 1974, as amended (the "Act") provides a means for the
encouragement of such projects in this County through the County's Economic
Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit
of such a project (Gonzalez Design Group Project) and has designated to this
Board of Commissioners a Project Area and Project District Area for its
approval.
NOW THEREFORE BE IT RESOLVED that the Project Area as designated by the
EDC to this Board is hereby certified as approved.
BE IT FURTHER RESOLVED that it having been determined that the territory
surrounding said designated Project Area will not be significantly affected by
the Project because the surrounding territory is devoted to
commercial/industrial uses, a Project District Area having the same
Commissioners Minutes Continued. March 8, 2001
130
description as and boundaries coterminous with the Project Area herein
certified as approved be hereby established.
BE IT FURTHER RESOLVED that it having been determined that there are
less than eighteen residents, real property owners, or representatives of
establishments located within the Project District Area, a Project Citizens
District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Secretary of the Board
of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Gonzalez Design Group, EDC No. 01-07, on file in County Clerk’s
Office.
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01064
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (GONZALEZ DESIGN GROUP
PROJECT) - CITY OF MADISON HEIGHTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the
Board of Directors of The Economic Development Corporation of the County of
Oakland designating a Project Area and Project District Area for a project
(Gonzalez Design Group Project) under the Economic Development Corporations
Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act");
and
WHEREAS it is necessary to confirm the appointment by the County
Executive of the County of Oakland of two additional directors to the Board of
said Economic Development Corporation in connection with said Project, in
accordance with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the appointments of Richard Clark and
Toni Shad, who are representative of neighborhood residents and business
interests likely to be affected by said Project, to the Board of Directors of
The Economic Development Corporation of the County of Oakland are hereby
confirmed in accordance with Section 4(2) of the Act, and such additional
Directors shall cease to serve when the Project is either abandoned or, if
undertaken, is completed in accordance with the Project Plan therefor.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict
with this resolution are hereby repealed, but only to the extent of such
conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Assistant Secretary of
the Board of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01065
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (PRATT & MILLER ENGINEERING
AND FABRICATION, INC. PROJECT) - LYON CHARTER TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to
alleviate and prevent conditions of unemployment, to assist and retain local
industrial and commercial enterprises in order to strengthen and revitalize the
County's economy and to encourage the location and expansion of such
Commissioners Minutes Continued. March 8, 2001
131
enterprises to provide needed services and facilities to the County and its
residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the
Michigan Public Acts of 1974, as amended (the "Act") provides a means for the
encouragement of such projects in this County through the County's Economic
Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit
of such a project (Pratt & Miller Engineering and Fabrication, Inc. Project)
and has designated to this Board of Commissioners a Project Area and Project
District Area for its approval.
NOW THEREFORE BE IT RESOLVED that the Project Area as designated by the
EDC to this Board is hereby certified as approved.
BE IT FURTHER RESOLVED that it having been determined that the territory
surrounding said designated Project Area will not be significantly affected by
the Project because the surrounding territory is devoted to
commercial/industrial uses, a Project District Area having the same description
as and boundaries coterminous with the Project Area herein certified as
approved be hereby established.
BE IT FURTHER RESOLVED that it having been determined that there are less
than eighteen residents, real property owners, or representatives of
establishments located within the Project District Area, a Project Citizens
District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Secretary of the Board
of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Pratt & Miller Engineering & Fabrication, Inc. City of Wixom EDC
No. 01-06 on file in County Clerk=s office.
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01066
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (PRATT & MILLER ENGINEERING
AND FABRICATION, INC. PROJECT) - LYON CHARTER TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the
Board of Directors of The Economic Development Corporation of the County of
Oakland designating a Project Area and Project District Area for a project
(Pratt & Miller Engineering and Fabrication, Inc. Project) under the Economic
Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974,
as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County
Executive of the County of Oakland of two additional directors to the Board of
said Economic Development Corporation in connection with said Project, in
accordance with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the appointments of Pamela Johnson and
Joseph Shigley, who are representative of neighborhood residents and business
interests likely to be affected by said Project, to the Board of Directors of
The Economic Development Corporation of the County of Oakland are hereby
confirmed in accordance with Section 4(2) of the Act, and such additional
Directors shall cease to serve when the Project is either abandoned or, if
undertaken, is completed in accordance with the Project Plan therefor.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict
with this resolution are hereby repealed, but only to the extent of such
conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Assistant Secretary of
the Board of the Economic Development Corporation.
Commissioners Minutes Continued. March 8, 2001
132
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 139.)
*REPORT (MISC. #01047)
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION/FOC AND MANAGEMENT AND
BUDGET/REIMBURSEMENT/CHILD SUPPORT ACCOUNTING – CREATION OF ONE FOC TEAM AND
ONE PTNE JUNIOR ACCOUNTANT POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution
on February 28, 2001, recommends the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance
of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #01047
BY: Public Services Committee, David Moffitt, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION/FOC AND MANAGEMENT AND
BUDGET/REIMBURSEMENT/CHILD SUPPORT ACCOUNTING - CREATION OF ONE FOC TEAM AND
ONE PTNE JUNIOR ACCOUNTANT POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Family Court currently has 6 judges (4
assigned from Circuit Court and 2 assigned from Probate Court), five of those
judges carry full time domestic dockets and one has a reduced docket due to
administrative duties; and
WHEREAS each year, since its inception, the Family Court has received
more new cases than it has been able to dispose of; and
WHEREAS in anticipation of a significant future backlog of cases, the
Circuit Court Bench is proposing to increase the number of judges serving in
Family Court from 6 to 6 and 2/3; and
WHEREAS Friend of the Court assigns FOC teams to act as case service
support for Family Court Judges; and
WHEREAS each “team” consists of a FOC Referee, FOC Family Counselor,
Domestic Support Specialist and FOC Case Assistant; and
WHEREAS the FOC requests the creation of one FOC team (4 positions) to
provide support for the Probate Court judge who will be assuming these duties;
and
WHEREAS Management and Budget/Reimbursement furnishes Junior Accountants
to support the FOC teams for processing court ordered child support and/or
alimony; and
WHEREAS Management and Budget is requesting one (1) PTNE 1,000 hour
Junior Accountant to support the FOC team requested by Circuit Court/Family
Division/FOC.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the creation of one (1) GF/GP FOC Referee position, one
(1) GF/GP FOC Family Counselor position, one (1) GF/GP Domestic Support
Specialist position, and one (1) GF/GP FOC Case Assistant position in Circuit
Court/Family Division/Friend of the Court.
BE IT FURTHER RESOLVED that one (1) PTNE (1,000 hr) GF/GP Junior
Accountant position be created in the Management and Budget/Reimbursement
Division/Child Support Accounting Unit.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #01047)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION/FOC AND MANAGEMENT AND
BUDGET/REIMBURSEMENT/CHILD SUPPORT ACCOUNTING – CREATION OF ONE FOC TEAM AND
ONE PTNE JUNIOR ACCOUNTANT POSITION
Commissioners Minutes Continued. March 8, 2001
133
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:
1. To avoid a significant future backlog of cases, the Circuit Court
Bench is increasing the number of judges serving in Family Court
from six (6) to six and two-thirds (6 2/3).
2. The Friend of the Court (FOC) requests the creation of one (1) FOC
Team (four (4) positions) to provide support for the Probate Court
Judge who will be assuming these duties.
3. Management and Budget requests one (1) PTNE Junior Accountant to
support the FOC Team in processing court ordered child support
and/or alimony.
4. The General Fund/General Purpose cost for these positions for the
remainder of Fiscal Year 2001 will include $75,766 in Salaries,
$27,857 in Fringe Benefits, $4,026 in Expendable Equipment, $213 in
Equipment Rental, $750 in Office Supplies, $7,999 in Information
Technology Operations, $2,250 in Telephone Communications and $5,749
in Miscellaneous Capital Outlay for a total of $124,610.
5. The General Fund/General Purpose cost for these positions for the
Fiscal Year 2002 will include $186,938 in Salaries, $70,226 in
Fringe Benefits, $426 in Equipment Rental, $750 in Office Supplies,
$15,997 in Information Technology Operations and $4,500 in Telephone
Communications for a total of $278,837.
6. The salary and fringe benefits for the FOC Referee, Domestic Support
Specialist, FOC Case Assistant and the Junior Accountant are 66%
reimbursed by the Cooperative Reimbursement Program contract.
7. The Fiscal Year 2001 and 2002 budgets be amended as follows:
REVENUE
Circuit Court/FOC FY2001 FY2002
35-141000-71000-0367 Coop. Reimb. Program $ 68,391 $127,012
Total Circuit/FOC $ 68,391 $127,012
EXPENDITURES
Friend of the Court
35-241215-71000-2100 Salaries $ 67,655 $ 171,874
35-241215-71000-2075 Fringe Benefits $ 27,062 $ 68,750
35-241215-71000-4100 Expendable Equipment $ 3,641 $ 0
35-241215-71000-4252 Office Supplies $ 600 $ 600
35-241215-71000-6018 Equipment Rental $ 213 $ 426
35-241215-71000-6636 Info Tech Operations $ 7,528 $ 15,056
35-241215-71000-6675 Telephone Comm. $ 1,800 $ 3,600
35-241215-71000-9169 Misc. Cap. Outlay $ 4,599 $ 0
Total FOC $ 113,098 $ 260,306
REIMBURSEMENT
12-705212-32000-2100 Salaries $ 8,111 $ 15,064
12-705212-32000-2075 Fringe Benefits $ 795 $ 1,476
12-705212-32000-4100 Expendable Equipment $ 385 $ 0
12-705212-32000-4252 Office Supplies $ 150 $ 150
12-705212-32000-6636 Info Tech Operations $ 471 $ 941
12-705212-32000-6675 Telephone Comm. $ 450 $ 900
12-705212-32000-9169 Misc. Cap. Outlay $ 1,150 $ 0
Total Reimburs. $ 11,512 $ 18,531
CONTINGENCY
90-290000-25000-2564 Contingency ($56,219) ($151,825)
Total Contingency ($56,219) ($151,825)
GRAND TOTAL EXPENSES ($68,391) ($127,012)
$ 0 $ 0
FINANCE COMMITTEE
(The vote for this motion appears on page 139.)
*MISCELLANEOUS RESOLUTION #01044
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION – CHARTER
TOWNSHIP OF OAKLAND
Commissioners Minutes Continued. March 8, 2001
134
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous
Resolution #7865, #7971 and #8664 accepted federal grants to defray a portion
of the costs in purchasing sirens to be utilized within the Oakland County
Tornado Warning System; and
WHEREAS the County share of the costs will remain at twenty-five percent
as has been the policy previously established by the Board of Commissioners by
various miscellaneous resolutions, whereby local units pay seventy-five
percent with the County being responsible for the maintenance and electrical
costs for the sirens purchased; and
WHEREAS the Charter Township of Oakland has executed the attached
purchase agreement; and
WHEREAS the Charter Township of Oakland has agreed to pay seventy-five
percent of the total estimated cost of three sirens (they currently have six
sirens); and
WHEREAS consistent with the attached standard agreement, the Charter
Township of Oakland agrees that Oakland County will retain ownership of the
sirens and will be responsible for the maintenance and the electrical costs
for said sirens purchased under this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorize the appropriation of $15,750.00 consistent with the
attached budget, as Oakland County’s match.
BE IT FURTHER RESOLVED that the expenditure of this appropriation is
contingent upon the execution of the attached written agreement between the
County and the Charter Township of Oakland.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Charter Township of Oakland Tornado Sirens Budget Summary and
Severe Weather Warning System Interlocal Agreement Between Oakland County and
The Charter Township of Oakland on file in County Clerk’s office.
FISCAL NOTE (MISC. #01044)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - CHARTER
TOWNSHIP OF OAKLAND
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:
1. The Charter Township of Oakland has entered an agreement for the
purchase of three (3) tornado sirens and has requested to become
part of the County’s centrally activated tornado warning system.
2. The total cost of the sirens is $63,000.
3. Charter Township has agreed to pay $47,250, seventy-five percent
(75%) of the estimated cost of the sirens.
4. The County of Oakland will pay twenty-five percent (25%) of the
estimated cost, $15,750.
5. Consistent with past agreements, the County will retain ownership
and be responsible for the maintenance and electrical costs for the
siren.
6. The Fiscal Year 2001 Budget should be amended, as specified below,
to cover the purchase of these sirens:
Revenue
1-23-221-221111-65001-0218 Local Match $ 47,250
Expenditures
2-90-101-290000-25000-2564 Contingency $(15,750)
2-23-221-221112-65001-9102 Tornado Equipment 63,000
$ 47,250
$ 0
FINANCE COMMITTEE
Vote on resolutions on Consent Agenda:
Commissioners Minutes Continued. March 8, 2001
135
AYES: Appel, Brian, Causey-Mitchell, Coleman, Crawford, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard,
Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos.
(24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolutions on the
Consent Agenda were adopted, with the accompanying reports being accepted.
MISCELLANEOUS RESOLUTION #01067
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS - PROPOSED VILLAGE OF HOLLY DOWNTOWN
DEVELOPMENT AUTHORITY - TAX CAPTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners strongly supports the
economic growth of Oakland County; and
WHEREAS some of the tools used to promote this economic growth are Tax
Increment Financing in the form of Downtown Development Authorities (DDAs),
Tax Increment Finance Authorities (TIFAs) and Local Development Finance
Authorities (LDFAs); and
WHEREAS amendments to the Tax Increment Financing programs were adopted
in 1994 by the State Legislature, providing the County with the option to
exempt itself from participating in these authorities; and
WHEREAS in order to review requests from the County’s cities, villages
and townships to establish DDAs, TIFAs and LDFAs, the Board of Commissioners,
pursuant to Miscellaneous Resolution #01002, established the Tax Increment
Financing (TIF) District Review Policy Ad Hoc Committee to evaluate and
recommend to the Finance Committee regarding the County’s participation in
these proposed authorities; and
WHEREAS the Village of Holly has submitted a proposal to expand an
existing DDA; and
WHEREAS this request has been reviewed by the TIF District Review Policy
Ad Hoc Committee as to the implications of the capture of County tax dollars
in the proposed development area; and
WHEREAS the TIF District Review Policy Ad Hoc Committee recommends
participation in the proposed DDA.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the County’s participation in the Village of Holly
Downtown Development Authority, subject to a mutually agreeable contract being
negotiated between the County and the Village of Holly. The project is
limited to improvements, as detailed in the attached list, for a period of
five years beginning with the 2001 tax collection.
BE IT FURTHER RESOLVED should the Village of Holly desire the County to
continue its participation beyond the original five (5) year commitment, the
Village must reappear in front of the TIF District Review Policy Ad Hoc
Committee (or some subsequently charged committee) to request an extended
commitment. Such an extension will require the Oakland County Board of
Commissioners' approval.
Chairperson, on behalf of the Finance Committee, I move adoption of the
foregoing resolution.
FINANCE COMMITTEE
Copy of Insert Map 3 Improvement Projects on file in County Clerk’s
office.
Moved by Douglas supported by Patterson the resolution be adopted.
AYES: Brian, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas,
Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss,
Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. March 8, 2001
136
MISCELLANEOUS RESOLUTION #01068
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: RISK MANAGEMENT - STRATEGIC PLANNING AND DEVELOPMENT OF A SPECIAL
HEALTH CARE PROGRAM FOR THE UNINSURED
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS thousands of employed, low income Oakland County residents and
taxpayers could benefit from the creation of an affordable health insurance
program open to themselves and their families; and
WHEREAS the initial research indicates that it may be possible to
utilize the $3.7 million in Oakland County taxpayer funds currently
appropriated for the Residential County Hospitalization Program (RCHP) to
leverage an additional $4 million in State and Federal funds to provide health
care services for employed, low income workers and their families; and
WHEREAS if these new funds can be secured, they could be used to help
subsidize a cost-shared health insurance plan for Oakland County’s employed,
low income residents and taxpayers; and
WHEREAS such a cost-shared health insurance program could be funded by
using the $4 million in newly leveraged State and Federal funds, $4 million in
employer premiums and $4 million in participating employee premiums; and
WHEREAS before determining whether it is prudent for Oakland County
Government to participate in the creation and funding of such a cost-shared
health insurance program, specialized assistance is required to assist Oakland
County in program development and design; and
WHEREAS the consulting firm of Health Management Associates (HMA)
specializes in health care program design and development and has successfully
implemented similar cost-shared health insurance program initiatives in
several Michigan counties; and
WHEREAS the County Executive recommends utilizing HMA’s services to
assist in the development of a financing strategy, including the completion of
negotiations with the State of Michigan and Federal Government to secure
leveraged funds, to coordinate program design, including benefit design, and,
should the Board determine that implementation of a cost-shared health
insurance program for Oakland County’s employed, low income residents and
taxpayers is advantageous, to secure state approval of Oakland County’s plan;
and
WHEREAS sufficient funds are available from increased Convention and
Facility Tax revenue to finance a contract with HMA in an amount not to exceed
$110,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the County Executive to execute a professional
services contract with Health Management Associates (HMA), in an amount not to
exceed $110,000, retaining HMA to assist in the development of a financing
strategy, including the completion of negotiations with the State of Michigan
and Federal Government to secure leveraged funds, to coordinate program
design, including benefit design, and to secure state approval of any Oakland
County plan for a subsidized, cost-shared health insurance program designed
for employed, low income persons.
BE IT FURTHER RESOLVED that the Fiscal Year 2001 budget is amended as
follows:
REVENUE
1-101-90-130000-12000-0211 Convention and Facility Tax $110,000
EXPENDITURES
2-101-90-210000-21000-2688 Non-Depart. Doctors/Hospital $110,000
$ 0
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by Douglas supported by Melton the resolution be adopted.
Discussion followed.
Commissioners Minutes Continued. March 8, 2001
137
AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway,
Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht,
Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian. (23)
NAYS: Palmer. (1)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #01069
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: FACILITIES MANAGEMENT - AUDITORIUM AND WEST WING IMPROVEMENT PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Fiscal Year 2001 Capital Improvement Program includes
provision for the Auditorium and West Wing Improvement Project; and
WHEREAS the project includes replacement of ceiling, lighting and air
distribution systems in the West Wing of the Courthouse, replacement of the
Auditorium public address system with upgraded audio and video equipment, and
replacement of Auditorium HVAC equipment; and
WHEREAS total project costs are estimated to be $495,000; and
WHEREAS funding in the amount of $495,000 is available for transfer from
the Fiscal Year 2001 Capital Improvement Program/Building Improvement Fund
(#401) to the Project Work Order Fund (#404) for the Auditorium and West Wing
Improvement Project.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes
the Auditorium and West Wing Improvement Project in the amount of $495,000.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes
transfer of funding in the amount of $495,000 from the Capital Improvement
Program/Building Fund (#401) to the Project Work Order Fund (#404) to
establish the Auditorium and West Wing Improvement Project.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes
improvements as detailed on the attached overview.
BE IT FURTHER RESOLVED that the Fiscal Year 2001 Budget is amended as
follows:
Building Improvement Fund #401
3-14-210006-10000-8001 Operating Transfer Out ($495,000)
Project Work Order Fund #404
3-14-310007-80163-1701 Operating Transfer In 495,000
$ -0-___
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Authorization and Funding Request for Auditorium and West Wing
Improvement, and Report from Planning and Building Committee to the Finance
Committee on file in County Clerk’s office.
Moved by Douglas supported by Moss the resolution be adopted.
AYES: Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield,
Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer,
Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Causey-Mitchell.
(24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #01070
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET AND DRAIN COMMISSIONER – REVERSE
PREVIOUS BUDGET ACTION TRANSFERRING STAFF ASSISTANT POSITION FROM DRAIN
COMMISSIONER TO PURCHASING DIVISION AND CREATION OF BUYER II POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners, in adopting the Fiscal Year 2001
Budget and General Appropriations Act (Miscellaneous Resolution #00235 dated
Commissioners Minutes Continued. March 8, 2001
138
September 21, 2000), approved the transfer of the financial and purchasing
functions, including three positions, from the Drain Commissioner to the
Department of Management and Budget, effective January 1, 2001; and
WHEREAS the Board action took place prior to installation of the
newly-elected Drain Commissioner and implementation of his transition effort;
and
WHEREAS as a result of a closer examination of this proposed change
during intensive transition investigation of operating requirements, the
transfer of the Staff Assistant position (#03117) from the Drain Commissioner
to the Purchasing Division is detrimental to the ongoing administrative
coordination needs of the Drain office; and
WHEREAS the Drain Commissioner and the Department of Management and
Budget agree that the previous budget action transferring the Staff Assistant
position (#03117) and reclassification of that position to a Buyer II should
be reversed, while leaving procurement responsibilities assigned to the
Purchasing Division; and
WHEREAS the need still exists for a Buyer II position within the
Purchasing Division for procurement functions related to the Drain
Commissioner and the Purchasing Division is requesting the creation of a Buyer
II position; and
WHEREAS the Indirect Cost Allocation Plan most recently developed
indicates that sufficient additional indirect cost revenue will be generated
which can be used to fund the cost of an additional Buyer II position; and
WHEREAS the County Executive recommends approval of this resolution.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes that the previous action taken with adoption of the
Fiscal Year 2001 Budget and General Appropriations Act, transferring a Staff
Assistant position (#03117) from the Drain Commissioner to the Department of
Management and Budget and reclassification of that position to a Buyer II, be
reversed, while leaving procurement responsibilities assigned to the
Purchasing Division.
BE IT FURTHER RESOLVED that one (1) GF/GP position of Buyer II be
created in the Purchasing Division (12401).
BE IT FURTHER RESOLVED that the Fiscal Year 2001-2002 Biennial Budget be
amended as follows:
FY 2001 FY 2002
General Fund Revenue
90-101-130000-12000-0585 Indirect Cost $ 26,516 $ 53,033
General Fund Expenditures
12-101-401200-40010-2001 M&B Salaries $( 5,438) $(10,874)
12-101-401200-40010-2075 M&B Benefits (2,175) (4,350)
61-101-211001-10000-2001 Drain Salaries 24,378 48,755
61-101-211001-10000-2075 Drain Benefits 9,751 19,502
$ 26,516 $ 53,033
$ 0 $ 0
Chairperson, on behalf of the Finance Committee, I move adoption of the
foregoing resolution.
FINANCE COMMITTEE
The Chairperson referred the resolution to the Planning and Building
Committee and the Personnel Committee. There were no objections.
MISCELLANEOUS RESOLUTION #01071
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES/LEASED VEHICLES – PERMANENT FLEET
EXPANSION OF THREE (3) VANS FOR COMMUNITY CORRECTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolutions #93230 and $94357, the Oakland
County Board of Commissioners adopted a Leased Vehicle Policy requiring that
additions to the County fleet be approved by the Board of Commissioners; and
WHEREAS by Miscellaneous Resolution #98258, the Board of Commissioners
authorized the temporary expansion of the County Vehicle Fleet by reassigning
three (3) fully depreciated vans to Community Corrections; and
Commissioners Minutes Continued. March 8, 2001
139
WHEREAS the vans are requiring an excessive amount of repairs, thus they
are at the end of their useful life; and
WHEREAS the Community Corrections Division still has the need to lease
three (3) vans from the County Fleet to accommodate the transportation needs
of the Weekend Alternative for Misdemeanants (WAM) Program; and
WHEREAS the WAM Program is generating sufficient revenues to cover the
additional Leased Vehicle monthly charges by the Motor Pool for new vans.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes
the permanent expansion of the County Vehicle Fleet by three (3) vehicles for
the Community Corrections Division.
BE IT FURTHER RESOLVED that the Fiscal Year 2001 and Fiscal Year 2002
Budget be amended as follows:
FY 2001 FY 2002
General Fund
Revenue
101-17-403100-70231-0163 Fees & Collections $ 3,780 $ 6,480
Expense
101-17-403200-70211-6661 Leased Vehicles 3,780 6,480
101-17-403300-70211-8001 O.T. Out 66,000
101-90-290000-25000-2564 Contingency ($66,000)
$ 3,780 6,480
$ -0- _ $ -0-
Motor Pool Fund
Revenue
661-13-661001-10-0635 Leased Equipment $ 3,780 $ 6,480
661-13-611003-10-1701 O.T. In 66,000
69,780 6,480
Expense
661-13-661002-10-3900 Depreciation 3,780 6,480
661-13-661002-10-8005 Changes in Fund Equity 66,000
$69,780 $ 6,480
$ -0- $ -0-
Chairperson, on behalf of the Finance Committee, I move adoption of the
foregoing resolution.
FINANCE COMMITTEE
The Chairperson referred the resolution to the Public Services
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #01072
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: COUNTY EXECUTIVE – PROFESSIONAL SERVICES CONTRACT FOR LEGISLATIVE
LOBBYIST FIRM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS issues arise before the Governor and the State Legislature which
have significant impact on all local units of government within Oakland
County; and
WHEREAS many such issues, debated at the State level, have far reaching
consequences for the citizens of Oakland County; and
WHEREAS the Board of Commissioners, by Miscellaneous Resolution #98220
dated October 15, 1998, authorized a two-year contract, expiring
December 30, 2000, with the firm Muchmore Harrington Associates, Inc., of
Lansing, Michigan, for the purpose of actively representing the interests of
Oakland County before the Governor and State Legislature; and
WHEREAS the engagement of the proposed firm was previously successful in
the County’s bid process and experience has proven that their efforts have
complemented the activities of the lobbying firm that currently represents the
Board of Commissioners; and
WHEREAS the financial obligation of the proposed contract remains
unchanged, i.e., the total amount shall not exceed $48,000 annually, to be
paid in equal monthly amounts of $4,000; and
WHEREAS the County Executive’s Fiscal Year 2001-2002 Biennial Budget
Recommendation, as well as the Final Budget Adopted by the Board of
Commissioners Minutes Continued. March 8, 2001
140
Commissioners, included funding to continue this engagement beyond the initial
two-year timeframe.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes continuation of the engagement of the firm Muchmore
Harrington Associates, Inc., of Lansing, Michigan, for the purpose of actively
representing the interests of Oakland County before the Governor and State
Legislature.
BE IT FURTHER RESOLVED that continuation beyond the Fiscal Year
2001-2002 Biennial Budget is contingent upon future budget appropriations
approved by the Board of Commissioners.
Chairperson, on behalf of the General Government Committee, I move
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Moved by Patterson supported by Obrecht 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, Appel, Brian, Causey-Mitchell, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (MISC. #01073)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES – SHARED FUNDING AGREEMENT WITH THE
UNITED STATES GEOLOGICAL SURVEY TO CONDUCT A COMPREHENSIVE, COUNTYWIDE WATER
RESOURCE STUDY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution
on March 1, 2001, reports with the recommendation that the resolution be
adopted with an amendment to add a second BE IT FURTHER RESOLVED paragraph as
follows:
BE IT FURTHER RESOLVED that the Oakland County Drain Commissioner,
or designee, be involved in this process.
Chairperson, I move acceptance of the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #01073
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES – SHARED FUNDING AGREEMENT WITH THE
UNITED STATES GEOLOGICAL SURVEY TO CONDUCT A COMPREHENSIVE, COUNTYWIDE WATER
RESOURCE STUDY
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the last comprehensive review of water resources in Oakland
County was published in 1972; and
WHEREAS the headwaters of six major river systems (Belle, Clinton,
Flint, Huron, Rouge, and Shiawassee) are located within Oakland County; and
WHEREAS a comprehensive study of the County’s groundwater, surface
water, and water quality is important to the continued health and prosperity
of Oakland County and its residents; and
WHEREAS the County Executive, through the Department of Human Services,
wishes to enter into a shared funding agreement with the United States
Geological Survey to conduct a comprehensive study of Oakland County’s water
resources; and
WHEREAS this study would commence in the current fiscal year, provide
periodic fact sheets/reports during the study, and deliver the final report
document no later than December 1, 2004; and
Commissioners Minutes Continued. March 8, 2001
141
WHEREAS the total study cost is estimated at $600,000 under a shared
funding agreement for each of the following fiscal years:
FISCAL
YEAR
OAKLAND
COUNTY
USGS
TOTAL
FY 00/01 $70,000 $30,000 $100,000
FY 01/02 $125,000 $50,000 $175,000
FY 02/03 $125,000 $50,000 $175,000
FY 03/04 $50,000 $50,000 $100,000
FY 04/05 $25,000 $25,000 $50,000
TOTAL $395,000 $205,000 $600,000
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves a shared funding agreement between the County of
Oakland and the United States Geological Survey to conduct a Comprehensive
Water Resource Study.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
hereby commits to fund, as authorized, the Oakland County portion of the
proposed shared funding schedule delineated above in this resolution.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (MISC. #01073)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES - SHARED FUNDING AGREEMENT WITH THE
UNITED STATES GEOLOGICAL SURVEY TO CONDUCT A COMPREHENSIVE, COUNTYWIDE WATER
RESOURCE STUDY
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:
1. The County Executive, through the Department of Human Services,
entered into a shared funding agreement with the United States
Geological Survey to conduct a comprehensive study of Oakland
County’s water resources.
2. The total cost of the shared funding project is estimated at $600,000
over a five-year period. The County of Oakland has agreed to pay a
total of $395,000 and the United States Geological Survey (USGS)
agreed to pay a total of $205,000.
3. Funds are available in non-departmental contingency to cover the
County’s portion of the shared funding agreement for Fiscal Year 2001
and Fiscal Year 2002.
4. The County’s portion for Fiscal Year 2001 is $70,000 and for Fiscal
Year 2002 is $125,000. The following budget amendment is recommended:
FY2001 FY2002
DEPT/OCA/PCA/OBJECT
Non-Departmental
2-90-101-290000-25000-2564 Contingency $ 70,000 $125,000
General Fund Human Svs.Expenditures
2-16-221-121000-10000-3348 Prof. Svs. $ 70,000 $125,000
$ -0- $ -0-
FINANCE COMMITTEE
Moved by Moffitt supported by Moss the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Patterson supported by Obrecht the resolution be adopted.
Moved by Patterson supported by McPherson the resolution be amended to
coincide with the recommendation in the Finance Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Commissioners Minutes Continued. March 8, 2001
142
Vote on resolution, as amended:
AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson,
Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez,
Taub, Webster, Amos, Appel, Brian, Causey-Mitchell, Coleman, Crawford. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (MISC. #01036)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: CIRCUIT COURT, PROBATE AND DISTRICT COURTS – JUDICIAL SALARIES FOR
2001 AND 2002
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution
on February 8, 2001, reports with the recommendation that the resolution be
adopted with an amendment to include two additional BE IT FURTHER RESOLVED
paragraphs to read:
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners objects to the State Officers Compensation Commission’s
recommended 2001 and 2002 salary increases for the Governor, Lieutenant
Governor, Supreme Court Justices, and Michigan State legislators, and to
those increases taking effect as a result of the Senate’s inaction.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to
the State Officers Compensation Commission, the Governor, Lieutenant
Governor, and all Michigan State legislators.
Chairperson, I move acceptance of the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #01036
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: CIRCUIT, PROBATE AND DISTRICT COURTS - JUDICIAL SALARIES FOR 2001
AND 2002
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 374 of 1996 established a new salary ceiling of 85%
of the annual salary of a Supreme Court Justice for Circuit and Probate Court
Judges and 84% of the annual salary of a Supreme Court Justice for District
Court Judges; and
WHEREAS the State Officers Compensation Commission (SOCC) has
recommended salary increases for the Supreme Court Justices for 2001 and 2002;
and
WHEREAS by operation of law, the SOCC recommendations became effective
January 1, 2001; and
WHEREAS the maximum allowable annual salary for Circuit Court Judges for
2001 is $135,966 ($90,242 State, $45,724 local supplement) $135,966 for
Probate Court Judges ($84,242 State statutory, $6,000 local statutory, and
$45,724 local supplement) and $134,366 ($88,642 State, $45,724 local
supplement) for District Court Judges; and
WHEREAS the maximum allowable annual salary for Circuit Court Judges for
2002 will be $139,919 ($94,195 State, $45,742 local supplement), $139,919 for
Probate Court Judges ($88,195 State statutory, $6,000 local statutory, and
$45,724 local supplement) and $138,272 ($92,548 State, $45,724 local
supplement) for District Court Judges; and
WHEREAS the State now provides reimbursement payments to the local unit
for 100% of the local supplement amount.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the 2001 annual salaries for Circuit, Probate and
Commissioners Minutes Continued. March 8, 2001
143
District Court Judges be increased to the maximum allowable level effective
January 1, 2001.
BE IT FURTHER RESOLVED that the 2002 annual salaries for Circuit,
Probate and District Court Judges be increased to the maximum allowable level
effective January 1, 2002.
Chairperson, on behalf of the Personnel Committee, I move the adoption
of the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (MISC. #01036)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: CIRCUIT, PROBATE AND DISTRICT COURTS – JUDICIAL SALARIES FOR 2001 AND
2002
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:
1. Effective January 1, 2001, the State Officers Compensation
Commission (SOCC) has recommended salary increases for the Supreme
Court Justices.
2. Pursuant to Public Act 374 of 1996, the ceiling for Circuit and
Probate Judges salaries is 85% of the salary of a Supreme Court
Justice and the ceiling for District Court Judges salary is 84% of
the salary of a Supreme Court Justice.
3. The State now provides reimbursement payments to the County for
100% of the local supplement amount.
4. The Fiscal Year 2001 and Fiscal Year 2002 Adopted Budget
anticipated the increase, sufficient funds are allocated to meet
the needs of the local portion, no additional General Fund/General
Purpose appropriation is required.
FINANCE COMMITTEE
(Action taken at February 22, 2001 Meeting)
Moved by Buckley supported by Taub the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Galloway supported by Garfield the resolution be adopted.
Moved by Douglas supported by Garfield the resolution be amended to
include two additional BE IT FURTHER RESOLVED paragraphs to read:
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners objects to the State Officers Compensation Commission’s
recommended 2001 and 2002 salary increases for the Governor, Lieutenant
Governor, Supreme Court Justices, and Michigan State Legislators, and to
those increases taking effect as a result of the Senate’s inaction.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to
the State Officers Compensation Commission, the Governor, Lieutenant
Governor, and all Michigan State Legislators.
AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, McPherson,
Melton, Millard, Moss, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel,
Brian, Buckley, Causey-Mitchell, Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the amendment carried.
(End of action taken at February 22, 2001 Meeting)
(Begin action taken at March 8, 2001 Meeting)
Commissioner Law stated that this resolution was amended at the
February 22, 2001 meeting; a final vote was not taken.
Moved by Law supported by Gregory the resolution, as amended, be
adopted.
Vote on resolution, as amended:
Commissioners Minutes Continued. March 8, 2001
144
AYES: Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton,
Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub,
Webster, Amos, Appel, Brian, Causey-Mitchell, Coleman, Crawford, Dingeldey.
(24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #01074
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: PERSONNEL/HUMAN RESOURCES - SALARY ADMINISTRATION SECOND QUARTERLY
REPORT FOR FISCAL YEAR 2001
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Study Group Reports approved by the
Board of Commissioners for Grades 1 - 21 provide for a process for departments
and employees to request a review of the salary grade placement of
classifications; and
WHEREAS the Second Quarterly Report for Fiscal Year 2001 identifies the
reviews requested and the salary grade changes recommended by the Personnel
Department after completion of this review process; and
WHEREAS funds have been established in the Classification and Rate
Change fund to implement salary grade changes resulting from Salary
Administration Quarterly Report recommendations; and
WHEREAS additional funding is available in Parks & Recreation funds for
one position in that department.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes implementation of the Salary Administration Second
Quarterly Report for Fiscal Year 2001, which includes the following personnel
actions:
Salary Grade
Classification
Fro
m:
To:
Location-Position
Jury Clerk (Retitle to Supervisor-Jury Office) 11 12 35301-03143
Deputy Jury Clerk (Retitle to Jury Office Leader) 7 8 35301-06013
Clerk III (Reclassify to new class Jury Office Clerk,
OT
Non-exempt)
5 6 35301-06887
35301-07316
35301-02742
Assistant District Court Administrator (Retitle to
Deputy District Court Administrator, OT Exempt)
13 14 32401-02684
Graphic Artist
9 10 11105-01118
16233-01244
53401-06948
Administrator-Equalization 20 19 12501-05842
Mgr-Human Resources 20 21 15401-01928
Mgr-Children’s Village 20 21 16501-03303
Clerk III (Create new class, Small Business
Assistant, OT Non-exempt)
5 7 19205-01345
Sheriff Community Liaison 11 12 43101-09213
Sheriff State and Federal Coordinator 11 12 43101-09214
Chairperson, on behalf of the Personnel Committee, I move the adoption
of the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #01075
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
Commissioners Minutes Continued. March 8, 2001
145
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY AND HOME
IMPROVEMENT DIVISION – FISCAL YEAR 2000 COMPREHENSIVE HOUSING COUNSELING GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the U.S. Department of Housing and Urban Development (HUD) has
awarded the Department of Community and Economic Development – Community and
Home Improvement Division federal grant funding in the amount of $29,009 for
the fiscal year beginning October 1, 2000; and
WHEREAS this is the 6th year of the grant; and
WHEREAS the grant award of $29,009 represents a 64.85% variance from the
application of $82,535, and a decrease of $1,629 from last year’s award of
$30,638; and
WHEREAS the grant provides a full range of housing counseling services,
information and assistance to housing consumers in improving their housing
conditions and meeting the responsibilities of home ownership and tenancy
including information for first time buyers, pre-occupancy, rental delinquency
and mortgage default assistance, Home Equity Conversion Mortgage Program, home
improvement and rehabilitation resources, displacement and relocation
resources and pre-foreclosure assistance; and
WHEREAS the County intends to use the grant to supplement Community
Development Block Grant funds allocated to deliver housing counseling services
county-wide in accordance with the Federal Comprehensive Housing Program
guidelines; and
WHEREAS no County funding is required for this grant continuation; and
WHEREAS this grant has been reviewed and approved through the County
Executive’s Contract Review Process.
NOW THERFORE BE IT RESOLVED the Oakland County Board of Commissioners
accepts the Fiscal Year 2000 Comprehensive Housing Counseling Grant in the
amount of $29,009.
BE IT FURTHER RESOLVED that future level of service, including
personnel, will be contingent upon the level of funding available for this
program.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate
the County to any future commitment.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorize the Board’s Chairperson and the County Executive to execute the
grant agreement and to approve amendments and extensions up to a fifteen (15)
percent variance from the award.
BE IT FURTHER RESOLVED this resolution be adopted after Corporation
Counsel approves the contract language.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Assistance Award/Amendment for U.S. Department of Housing and
Urban Development on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #01076
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - AUTHORIZATION TO CONVEY A
CONSERVATION EASEMENT TO THE STATE OF MICHIGAN, PART OF LYON OAKS COUNTY PARK,
TAX PARCEL NUMBERS 21-01-100-002, 21-01-400-003, 21-12-126-001, 21-12-226-001,
21-12-226-002, 21-12-226-003 AND 22-06-100-007
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Lyon Oaks County Park,
which is located in Lyon Township and the City of Wixom, Oakland County,
Michigan; and
WHEREAS the County of Oakland has been successful in obtaining four
grants from the Michigan Natural Resources Trust Fund, also known as Public
Commissioners Minutes Continued. March 8, 2001
146
Act 451 of 1994, to acquire land for Lyon Oaks County Park now totaling 1,101
acres in size; and
WHEREAS as a condition of approval of the December 1997 Master Plan for
Lyon Oaks County Park, as revised, the Michigan Natural Resources Trust Fund
Board requires that the County of Oakland grant a conservation easement to the
State of Michigan which reserves certain areas of Lyon Oaks County Park for
perpetual natural, scenic, open space, scientific, biological and ecological
values of prominent importance to the State of Michigan, the public and the
County of Oakland; and
WHEREAS said conservation easement will occupy 469.68 acres of wetlands
and is described in the attached Exhibit “A”; and
WHEREAS the conveyance of the conservation easement was approved by the
Oakland County Parks and Recreation Commission on March 17, 1999; and
WHEREAS the Parks and Recreation Commission, the Department of
Facilities Management and Oakland County Corporation Counsel recommend the
granting of the conservation easement to the State of Michigan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby authorizes and approves the conveyance to the State of
Michigan of a conservation easement over 469.68 acres of Lyon Oaks County Park
as described in the attached Exhibit “A.”
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners
hereby directs its Chairperson or its designee to execute the conservation
easement.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Conservation Easement and Exhibit “A” on file in County Clerk’s
office.
Moved by Palmer supported by Brian the resolution be adopted.
AYES: Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard,
Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos,
Appel, Brian, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #01077
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO PURCHASE 9.2
ACRES OF PROPERTY TO ACCOMMODATE 52nd DISTRICT COURT, THIRD DIVISION, LOCATED
ON BARCLAY CIRCLE IN THE CITY OF ROCHESTER HILLS (TAX PARCEL #15-26-377-001)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the current facility for the 52-3 District Court located in the
City of Rochester Hills is inadequate in size to accommodate the current Court
operation which is housed in three separate buildings; and
WHEREAS vacant office zoned property is available which is conveniently
located in relation to the existing Court facilities in sufficient size to
accommodate current and future Court operations; and
WHEREAS the Oakland County Board of Commissioners Planning and Building
Committee at its August 24, 2000 meeting, authorized the Department of
Facilities Management to obtain appraisals, Phase I and II Environmental
Assessments and to negotiate a Purchase Agreement with the owner of the
following described property pursuant to the Rules and Procedures of the
Oakland County Board of Commissioners:
A parcel of land in the East ½ of the Southwest ¼ of Section 26, Town 3
North, Range 11 East, City of Rochester Hills, Oakland County, Michigan,
described as: Commencing at the Southwest corner of said section; thence
North 00 degrees 10 minutes 16 seconds West, 2075.00 feet along the West
line of said Section 26; thence North 89 degrees 49 minutes 44 seconds
East, 460.00 feet; thence North 00 degrees 10 minutes 16 seconds West,
243.07 feet; thence 158.69 feet along the arc of a 1813.00 foot radius
Commissioners Minutes Continued. March 8, 2001
147
non-tangential curve to the left, with chord bearing North 80 degrees 59
minutes 17 seconds East, 158.64 feet; thence North 78 degrees 28 minutes
50 seconds East, 200.00 feet; thence 94.69 feet along the arc of a
757.00 foot radius circular curve to the right, with chord bearing North
82 degrees 03 minutes 50 seconds East, 94.63 feet; thence North 85
degrees 38 minutes 50 seconds East, 200.00 feet; thence 1115.19 feet
along the arc of a 757.00 foot radius circular curve to the right, with
chord bearing South 52 degrees 08 minutes 58 seconds East, 1017.05 feet
for a place of beginning; thence continuing 242.36 feet along the arc of
757.00 foot radius circular curve to the right, with chord bearing South
00 degrees 46 minutes 29 seconds East 241.32 feet; thence South 08
degrees 23 minutes 53 seconds West, 567.38 feet; thence South 89 degrees
49 minutes 44 seconds West, 442.73 feet; thence North 00 degrees 10
minutes 16 seconds West, 802.36 feet; thence North 89 degrees 49 minutes
44 seconds East, 524.73 feet to the place of beginning containing 9.2
acres. Tax Parcel #15-26-377-001, vacant Barclay Circle property; and
WHEREAS pursuant to Miscellaneous Resolution #00227 dated
September 7, 2000, the Oakland County Board of Commissioners authorized
appraisals of the subject property prepared by State Certified County staff;
and
WHEREAS on February 27, 2001, a Purchase Agreement was reached between
the County of Oakland (purchaser) and J.B.D. Acquisition Corporation (seller)
for the purchase of the above described for a cash sale purchase price of
$2,750,000. In addition to the purchase price, the seller will be reimbursed
pre-development costs totaling $10,500 for a site survey, soil borings and
storm water detention study; and
WHEREAS the Departments of Facilities Management and Corporation Counsel
have reviewed all necessary agreements and documents and recommend the
purchase of the above described 9.2 acre parcel; and
WHEREAS the 2001 Capital Improvement Program includes funding for the
purchase of property and construction of a new 52-3 District Courthouse to
replace the existing undersized Courthouse.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves and agrees to purchase the above described 9.2
acre office zoned property in accordance with the terms and conditions as set
forth in the Purchase Agreement dated February 27, 2001 between the County of
Oakland as purchaser and J.B.D. Acquisition Corporation, a Michigan
Corporation, as seller for the cash purchase price of $2,750,000 plus an
additional $10,500 for reimbursable expenses.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
directs it chairperson or its designee to execute all necessary documents for
the purchase of the above described 9.2 acre office zoned parcel located in
the City of Rochester Hills, known as parcel #15-26-377-001.
BE IT FURTHER RESOLVED this Purchase Agreement is contingent upon
receipt of acceptable soil sample reports.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Purchase Agreement on file in County Clerk’s office.
FISCAL NOTE (MISC. #01077)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO PURCHASE 9.2
ACRES OF PROPERTY TO ACCOMMODATE 52ND DISTRICT COURT, THIRD DIVISION, LOCATED
ON BARCLAY CIRCLE IN THE CITY OF ROCHESTER HILLS (TAX PARCEL #15-26-377-001)
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:
1. The resolution approves the purchase of 9.2 acres of property in
the City of Rochester Hills, identified as parcel #15-26-377-001,
from J.B.D. Acquisition Corporation for the amount of $2,750,000
to accommodate the 52-3 District Court.
Commissioners Minutes Continued. March 8, 2001
148
2. Oakland County will also reimburse the seller for pre-development
costs totaling $10,500 for a site survey, soil borings, and a
storm water detention study.
3. The Fiscal Year 2001 Capital Improvement Program includes
provision for the purchase of land for the 52-3 District
Courthouse Project.
4. Funding in the amount of $2,760,500 is available for transfer from
the Fiscal Year 2001 Capital Improvement Program/Building Fund
(#401) to the Project Work Order Fund (#404) for the land purchase
and pre-development costs for the 52-3 District Courthouse
Project.
5. The Fiscal Year 2001 Budget is amended as follows:
Building Improvement Fund #401
3-14-210006-10000-8001 Operating Transfer Out (2,760,500)
Project Work Order Fund #404
3-14-310007-80173-1701 Operating Transfer In 2,760,500
$ -0-
6. Should alternative funding be used to build this facility, a
portion of that funding will be used to reimburse the Capital
Improvement Plan for this expenditure.
FINANCE COMMITTEE
Moved by Palmer supported by Moffitt the resolution be adopted.
Discussion followed.
Moved by Moffitt supported by Taub the resolution be referred back to
the Planning and Building Committee.
Discussion followed.
Commissioner Moffitt withdrew his motion to refer; Commissioner Taub
withdrew her support.
Vote on resolution:
AYES: Garfield, Gregory, Law, Melton, Millard, Moffitt, Moss, Obrecht,
Palmer, Patterson, Sever, Taub, Webster, Amos, Brian, Causey-Mitchell,
Crawford, Dingeldey, Douglas, Galloway. (20)
NAYS: McPherson, Suarez, Appel, Coleman. (4)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (MISC. #01008)
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: BOARD OF COMMISSIONERS – CREATION OF JAIL DIVERSION FOR PERSONS WITH
MENTAL ILLNESS TASK FORCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the above referenced
resolution on February 6, 2001, reports with a recommendation that the
resolution be adopted with the following amendments:
• First WHEREAS: Strike “approximately (7%) percent” and insert “a
significant portion.”
• First and Fifth WHEREAS paragraphs: strike the word “serious.”
• NOW THEREFORE BE IT RESOLVED: add the following to the membership
list:
Supervisor, Oakland County Office of Substance Abuse (or
designee),
Change “Oakland County Commissioners” to “Two Oakland County
Commissioners”
• NOW THEREFORE BE IT RESOLVED: strike “10-member” and insert “12-
member”
Commissioners Minutes Continued. March 8, 2001
149
Chairperson, on behalf of the Public Services Committee, I move
acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
REPORT (MISC. #01008)
BY: General Government Committee, William Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – CREATION OF JAIL DIVERSION FOR PERSONS WITH
MENTAL ILLNESS TASK FORCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced
resolution on February 26, 2001, reports with a recommendation that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #01008
BY: Commissioner Shelley G. Taub, District #12
IN RE: BOARD OF COMMISSIONERS – CREATION OF THE JAIL DIVERSION FOR PERSONS
WITH MENTAL ILLNESS TASK FORCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS approximately seven (7%) percent of the jail population is
comprised of inmates with a serious mental illness and the jail environment is
not equipped to provide a comprehensive range of mental health services; and
WHEREAS mentally ill persons are the responsibility of the community as
a whole, and those appropriate arrestees for non-violent crimes could be
better served if diverted before entering the jail system to a mental health
treatment program; and
WHEREAS Oakland County continues to work toward maximizing and expanding
the use of alternatives to incarceration to effectively deal with non-violent
offenders, emphasizing accountability and strong graduated sanctions with
appropriate mental health services; and
WHEREAS the mental health concerns of incarcerated persons necessitate
an integration of community services for purposes of discharge planning and
continuation of services upon release from jail to reduce recidivism; and
WHEREAS the Michigan Department of Community Health requires all
community mental health services programs to provide services designed to
divert persons with serious mental illness, emotional disturbance or
developmental disability from jail when appropriate.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby establish a 10-member Jail Diversion for Persons
with Mental Illness Task Force consisting of the following members:
• Oakland County Sheriff (or designee)
• Oakland County Prosecuting Attorney (or designee)
• Oakland County Corporation Counsel (or designee)
• Oakland County Commissioner
• Manager, Oakland County Community Corrections (or designee)
• Director, Oakland County Community Mental Health Agency (or
designee)
• Director, Alliance for the Mentally Ill (or designee)
• Director, Common Ground (or designee)
• Director, Oakland County Council for Adults and Children with
Psychiatric Disabilities (OCAP) (or designee)
• Representative, Oakland County Law Enforcement
BE IT FURTHER RESOLVED that the appointments shall be made by the
Chairperson of the Board of Commissioners within 14 days of the adoption of
this resolution.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
charges the Jail Diversion for Persons with Mental Illness Task Force to
develop and implement a Jail Diversion Program for Mentally Ill, non-violent
Commissioners Minutes Continued. March 8, 2001
150
offenders encompassing, but not limited to, pre-booking diversion, training
for law enforcement officers, priority status for law enforcement officers at
the screening agency with diversion candidates, appropriate array of community
services for those diverted which include all levels of mental health needs,
linkages for mentally ill incarcerated inmates to provide discharge planning
and continuation of mental health services.
BE IT FURTHER RESOLVED that the Jail Diversion for Persons with Mental
Illness Task Force provide the Oakland County Board of Commissioners, Sheriff
and County Executive with recommendations to accomplish these systematic
changes to reduce the mentally ill population in jail.
Chairperson, I move the adoption of the foregoing resolution.
Shelley G. Taub
Moved by Moffitt supported by Obrecht the General Government and Public
Services Committee Reports be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Moffitt supported by Law the resolution be adopted.
Moved by Moffitt supported by Obrecht the resolution be amended to
coincide with the recommendation in the Public Services Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht,
Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian,
Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield.
(24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #01078
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to
distribute property and funds forfeited through narcotic seizures to
participating agencies to be utilized toward the enhancement of law
enforcement efforts related to the Controlled Substances Act; and
WHEREAS the courts have distributed $964,003 (balance as of 1/31/01) as
a result of Sheriff Department forfeiture efforts; and
WHEREAS the Sheriff is requesting that a portion of these funds be used
to upgrade and add a better camera system for the surveillance van; and
WHEREAS the Sheriff is requesting to add a microwave downlink for the
Helicopter, Base Station and Command Vehicle, along with radio patch
equipment; and
WHEREAS this equipment will be utilized by the Sheriff Department to
enhance law enforcement efforts in compliance with state law; and
WHEREAS the estimated capital costs are $203,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the use of $203,000 from the Sheriff Department Law
Enforcement Enhancement Account (#101-43-223101-20001-2203-60053) to purchase
a camera, microwave downlink and radio patch equipment.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of attachments on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
Commissioners Minutes Continued. March 8, 2001
151
MISCELLANEOUS RESOLUTION #01079
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: SHERIFF’S DEPARTMENT – CONTRACT FOR FIRE DISPATCH SERVICES FOR THE
CHARTER TOWNSHIP OF COMMERCE AND CREATION OF ONE SHERIFF COMMUNICATION AGENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to
permit the Sheriff’s Department to enter into contractual agreements for the
purpose of Fire Dispatch services; and
WHEREAS at the request of the Charter Township of Commerce, the
Sheriff’s Department has been requested to dispatch fire calls for the
Commerce Township Fire Department; and
WHEREAS Miscellaneous Resolution #98013 established dispatch rates
through the year 2003; and
WHEREAS the Sheriff Department, along with the Department of Management
and Budget, is recommending the attached contract for dispatching services at
a flat rate of $28,000 per year for this agreement, and to negotiate a new
three year agreement when all the other Fire Dispatch Agreements expire on
3/31/2002 between the County of Oakland and Charter Township of Commerce; and
WHEREAS the Sheriff is requesting the creation of one (1) Sheriff
Communication Agent position in the Communications Unit; and
WHEREAS the majority of the cost of this position is covered by the
contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Chairperson of the Board to enter into the
attached Fire Dispatch Agreement with Charter Township of Commerce.
BE IT FURTHER RESOLVED that one (1) GF/GP Sheriff Communication Agent
position be added to the Communications Unit, Technical Services Division, of
the Sheriff’s Department.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Schedule A and 2001 – 2002 Fire Dispatch Service Agreement
Between the County of Oakland and the Charter Township of Commerce on file in
County Clerk’s office.
The Chairperson referred the resolution to the Personnel and Finance
Committees. There were no objections.
MISCELLANEOUS RESOLUTION #01080
BY: Public Services Committee, David Moffitt, Chairperson
IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2001 ACCESS AND VISITATION GRANT
APPLICATION/ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Friend of the Court submitted a renewal
application for the Federal Access and Visitation Grant through the State
Court Administrative Office; and
WHEREAS this grant is for services to be performed in conjunction with
agencies, such as the HAVEN, which facilitate parenting time (visitation) for
certain cases as determined by the Court; and
WHEREAS the Friend of the Court has been awarded the grant for services
performed through such agencies not to exceed $55,000 for the period covering
January 1, 2001 through December 31, 2001; and
WHEREAS the required matching funds will be provided by the HAVEN.
Therefore, no costs will be incurred by the County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the 2001 Access and Visitation Grant in an amount not to
exceed $55,000.
BE IT FURTHER RESOLVED Oakland County Friend of the Court contract with
the HAVEN to provide the services as detailed in the grant award.
BE IT FURTHER RESOLVED the HAVEN will provide the required 15.6%
matching in the amount of $8,600 also as stated in the grant.
Commissioners Minutes Continued. March 8, 2001
152
BE IT FURTHER RESOLVED acceptance of this grant does not obligate the
County to any future commitment.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT (MISC. #01002)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS – REAUTHORIZATION OF THE AD HOC REVIEW
COMMITTEE – TAX INCREMENT FINANCING DISTRICT REVIEW POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution
on January 25, 2001, reports with the recommendation that the resolution be
adopted with an additional BE IT FURTHER RESOLVED paragraph to read:
BE IT FURTHER RESOLVED that the original composition of the
Committee, which consisted of the Chairperson of the Finance Committee,
a representative of the County Treasurer, the Equalization Department,
the Economic Development Department and Corporation Counsel, be amended
to add the Chairperson of the Planning and Building Committee, or
designee, and one additional commissioner.
Chairperson, I move acceptance of the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #01002
BY: Commissioner Sue Ann Douglas, District #8
IN RE: BOARD OF COMMISSIONERS – REAUTHORIZATION OF THE AD HOC REVIEW
COMMITTEE - TAX INCREMENT FINANCING DISTRICT REVIEW POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners established the
current and future Tax Increment Finance programs through the adoption of
Miscellaneous Resolutions #90144, #97157 and #99010; and
WHEREAS pursuant to the Adopted Rules for Oakland County Board of
Commissioners, committees expire at the close of each Board of Commissioners
term; and
WHEREAS it is in the best interest of Oakland County to reauthorize the
Ad Hoc Review Committee – Tax Increment Financing District Review Policy.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby reauthorize the Ad Hoc Review Committee – Tax
Increment Financing District Review Policy for the current two-year term of
this Board of Commissioners, as established under Miscellaneous Resolution
#99010.
Chairperson, I move adoption of the foregoing resolution.
Sue Ann Douglas
(Action taken at February 1, 2001 meeting)
Moved by Dingeldey supported by Causey-Mitchell the Finance Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Dingeldey supported by Causey-Mitchell the resolution be
adopted.
Moved by Dingeldey supported by Causey-Mitchell the resolution be
amended to coincide with the recommendation in the Finance Committee Report.
Commissioners Minutes Continued. March 8, 2001
153
AYES: Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield,
Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Patterson,
Sever, Suarez, Taub, Webster, Appel, Brian, Buckley, Causey-Mitchell. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the amendment carried.
Moved by Dingeldey supported by Taub the resolution, as amended, be
adopted.
AYES: Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht,
Patterson, Sever, Suarez, Taub, Webster, Appel, Brian, Buckley,
Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield,
Gregory. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
(End of action taken at February 1, 2001 meeting)
(Action taken at February 22, 2001 meeting)
Moved by Douglas supported by Gregory the resolution be amended to add
the following language at the end of the last paragraph:
“and one additional commissioner, to be appointed by the Chairman
of the Board of Commissioners.”
AYES: Brian, Buckley, Causey-Mitchell, Crawford, Douglas, Galloway,
Garfield, Gregory, McPherson, Melton, Millard, Moss, Patterson, Sever, Suarez,
Taub, Webster, Amos, Appel. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the amendment carried.
(End of action taken February 22, 2001.)
(Begin Action taken at March 8, 2001 meeting)
Moved by Douglas supported by Dingeldey the resolution, as amended, be
adopted.
AYES: Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer,
Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Causey-Mitchell,
Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory. (24)
NAYS: None (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
Chairperson Frank Millard, Vice Chairperson Fran Amos and Deputy County
Clerk Patrick Campbell presented a special commendation for 25 years of
service, to Deputy Clerk Patricia Carey who is retiring from the County
Clerk’s office on March 16, 2001.
MISCELLANEOUS RESOLUTION #01081
BY: Ruel E. McPherson, District #25
IN RE: BOARD OF COMMISSIONERS - FORMATION OF PUBLIC UTILITY TASK FORCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County residents and businesses are dependent upon a
reliable telephone system to ensure public health, safety and well being; and
WHEREAS in recent months, Oakland County residents and businesses have
waited weeks and months for telephone service and/or repair, have been put on
hold by service representatives for long periods of time and been billed when
they have not had service; and
WHEREAS lack of telephone service represents an unsafe and even life
threatening situation for frail, ill and senior residents; and
Commissioners Minutes Continued. March 8, 2001
154
WHEREAS Oakland County public utility representatives, State elected
officials and local officials have received an increased number of complaints
about service; and
WHEREAS a coordinated effort should be made by the County, public
utility and local officials to address these concerns.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the formation of a Public Utility Task Force
consisting of seven (7) members, the Chairperson of the General Government
Committee or their designee, the Chairperson of the Public Services Committee
or their designee, three (3) shall be appointed by the Chairperson of the
Board of Commissioners and two (2) shall be appointed by the General
Government Committee.
BE IT FURTHER RESOLVED that the Task Force shall report back to the
Public Services Committee and the General Government Committee within 60 days
with a recommended plan of action.
Chairperson, I move the adoption of the foregoing resolution.
Ruel McPherson, George Suarez,
Michelle Friedman Appel,
Eric Coleman, Tim Melton,
Vincent Gregory, Terry Sever,
Brenda Causey-Mitchell,
William Patterson, Frank Millard
The Chairperson referred the resolution to the General Government and
Public Services Committees. There were no objections.
MISCELLANEOUS RESOLUTION #01082
BY: Commissioner Ruel E. McPherson, District #25
IN RE: BOARD OF COMMISSIONERS - FORMATION OF PUBLIC UTILITY SERVICE STANDING
COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS more than 10 years ago, the telephone monopoly was broken up and
the market for long-distance phone service was opened to competition. Now
it’s the electric utility industry’s turn to enter the realm of open
competition, mergers and acquisitions; and
WHEREAS in Oakland County the deregulation of public utility services
has a significant impact on economic growth and productivity and to individual
consumers who depend on reliable and affordable service; and
WHEREAS Oakland County residents are also witnessing dramatic changes in
the entire telecommunications industry, including cable television, as well
as, air and land communications; and
WHEREAS the issues surrounding water quality, rates and governance are a
source of constant regulation and legislative proposals that requires local
elected officials and consumers to be vigilantly attuned and prepared to make
sound decisions; and
WHEREAS the Michigan State Constitution of 1963, Article VII, Section 15
provides that “any county, when authorized by its board of supervisors
(commissioners) shall have the authority to enter or to intervene in any
action or certificate proceeding involving the services, charges or rates of
any privately owned public utility furnishing services or commodities to rate
payers within the county;” and
WHEREAS with the overwhelming and ongoing changes in all areas of public
utility services in Oakland County, it is imperative that the Oakland County
Board of Commissioners take a proactive role in becoming educated regarding
the utility industry and its restructuring; understand the energy and
telecommunication needs of the business and residential ratepayers in
Oakland County; and carefully study the changing landscape of public service
utilities for opportunities to reduce costs and improve services for the
citizens of Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby amend the adopted “Rules for Oakland County Board of
Commissioners Rule X.A. Standing Committee Structure“ to create a Public
Utility Service Standing Committee consisting of (7) members comprised of four
Commissioners Minutes Continued. March 8, 2001
155
(4) members from the majority party and three (3) members from the minority
party.
BE IT FINALLY RESOLVED that the Oakland County Board of Commissioners
does hereby amend the adopted “Rules for Oakland County Board of
Commissioners, Rule XI. Standing Committees’ Responsibilities,” by adding the
following Section:
F. PUBLIC UTILITY SERVICES COMMITTEE
(1) To receive, review, and recommend to the Board of
Commissioners all matters referred to it by the Chairperson,
and to provide liaison to the Board with:
(a) Electric utility service providers
(b) Telecommunications/Telephone service providers
(c) Energy utility service providers
(d) Cable communications service providers
(e) Water utility service providers
(f) Michigan Public Service Commission
(2) Review all public utility service policies affecting Oakland
County residents.
(3) Provide liaison with all Federal, State, regional and local
utility regulatory agencies and governments and local
ratepayers regarding public service utilities.
(4) Receive and make recommendations to the full Board regarding
opportunities to reduce public service utility costs and
improve services for the citizens of Oakland County.
Commissioners Minutes Continued. March 8, 2001
156
Chairperson, I move the adoption of the foregoing resolution.
Ruel McPherson, George Suarez,
Michelle Friedman Appel,
Eric Coleman, Tim Melton,
Brenda Causey-Mitchell,
Vincent Gregory, Terry Sever
The Chairperson referred the resolution to the General Government and
Public Services Committees. There were no objections.
MISCELLANEOUS RESOLUTION #01083
BY: Tim W. Melton, District 7, David L. Moffitt, District 18
IN RE: BOARD OF COMMISSIONERS – TELEVISING OF COMMISSION MEETINGS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners has, from time to
time, demonstrated interest in televising Committee and Board meetings; and
WHEREAS most local communities have public access and/or government
access channels associated with their cable television systems over which
Commission meetings could be broadcast; and
WHEREAS many city, village and township boards routinely broadcast their
meetings; and
WHEREAS Oakland County operates under the Freedom of Information Act
(FOIA) 1976 Public Act 442 which states in part that “It is the policy of this
State that all persons…are entitled to full and complete information regarding
the affairs of government and the official acts of those who represent them as
public officials and public employees…so that they may fully participate in
the democratic process”; and
WHEREAS the Capital Improvement Program for Fiscal Year 2001 includes
renovations to the Auditorium and Committee Room “A” as part of the West Wing
Improvement Project.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners make all meetings available for either live broadcast or tape
delay distribution to all Oakland County public access channels as soon as is
practical.
BE IT FURTHER RESOLVED that the Fiscal Year 2001 Capital Improvement
Program for the West Wing Auditorium and Committee Room “A” be amended to
include improvements necessary to record or televise Committee and Board
meetings.
Chairperson, I move the adoption of the foregoing resolution.
Tim W. Melton, David L. Moffitt,
Ruel McPherson, George Suarez,
Michelle Friedman Appel,
Eric Coleman, Vincent Gregory,
Brenda Causey-Mitchell,
William Brian, Thomas Law,
Peter Webster, John Garfield,
William Patterson, Terry Sever,
Charles Moss, Hugh Crawford
The Chairperson referred the resolution to the Planning and Building,
General Government, and Finance Committees. There were no objections.
In accordance with Rule XXII.G , the Chairperson made the following
referrals:
GENERAL GOVERNMENT
a. Township of Waterford-Support Household Hazardous Waste Collection
Initiative
b. State of Michigan Child Welfare Licensing-Special Investigation
Report/J-Building
There were no objections to the referral.
The Board adjourned at 11:30 a.m. to the call of the Chair or
March 22, 2001 at 9:30 a.m.
Commissioners Minutes Continued. March 8, 2001
157
G. WILLIAM CADDELL FRANK H. MILLARD
Clerk Chairperson