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HomeMy WebLinkAboutMinutes - 2000.02.24 - 713966 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES February 24, 2000 Meeting called to order by Chairperson John McCulloch at 9:38 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub. (23) ABSENT: Coleman, Palmer (both with notice). (2) Quorum present. Invocation given by Commissioner Melton. Pledge of Allegiance to the Flag. Moved by Dingeldey supported by Amos the minutes of the January 27, 2000 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Jensen supported by Garfield the rules be suspended and the agenda be amended as follows: ITEMS ON PRINTED AGENDA PUBLIC SERVICES COMMITTEE b. Emergency Management - Tornado Warning System Expansion – Township of Milford g. Circuit Court/Friend of the Court - 2000 Access and Visitation Grant Application/Acceptance (Reason for suspension of Public Services Committee, items b and g: Waiver of Rule XII.C. – Direct Referral to Finance Committee) Commissioners Minutes Continued. February 24, 2000 67 ITEM NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE c. Support of House Bill 4752, Support Regulation of Internet Alcohol Sale (Reason for suspension of General Government Committee, item c: Meeting held before 2/24/00 Board Meeting) The Chairperson stated that General Government Committee, item c from the Suspension List would be added to the Consent Agenda. Vote on suspension: AYES: Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Dingeldey, Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub. (22) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. County Clerk G. William Caddell read a communication from Gail McPherson thanking the Board for the beautiful flowers and kind thoughts. Joe Neusendorf, on behalf of the Association of General Contractors of America, Detroit Chapter, presented an Award of Commendation to Sheriff Michael Bouchard recognizing the Sheriff’s Department for their outstanding law enforcement efforts in the field of investigating and deterring construction related crimes. The Honorable Barry Howard, Chief Judge of the Circuit Court, addressed the Board enlightening them about upcoming improvements, changes and expansion needs within the court system. Elmer Cerano addressed the Board. County Clerk G. William Caddell introduced Patti Davis, a new employee from the Election Division. Moved by Jensen supported by Douglas the resolutions on the Consent Agenda be adopted with accompanying reports being accepted. The Chairperson stated that General Government Committee, item c from the Suspension List would be added to the Consent Agenda. The vote for this motion appears on page 93.) Items on the Consent Agenda follow (annotated by an asterisk [*]): * MISCELLANEOUS RESOLUTION #00020 BY: Commissioner Nancy Dingeldey, District #11 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF WOLVERINE LAKE 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 (CVT’s); and WHEREAS pursuant to the Disbursement Policy, the Village of Wolverine Lake 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 the Village of Wolverine Lake is requesting reimbursement for engineering work related to sanitary sewer systems, storm water systems, septic systems and well water testing; and WHEREAS the Village of Wolverine Lake has requested reimbursement from the County in the amount of $3,727 for this particular project; and WHEREAS the current authorized amount of funding for the Village of Commissioners Minutes Continued. February 24, 2000 68 Wolverine Lake is $17,532.73 from the Environmental Infrastructure Fund as repayment to the Village of Wolverine Lake 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 engineering work related to sanitary sewer systems, storm water systems, septic systems and well water testing, as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the release of funds in the amount of $3,727 from the Environmental Infrastructure Fund (Account #90-263207-41000-3985) as repayment to the Village of Wolverine Lake for expenses incurred in connection with environmental remediation or improvement projects. Chairperson, I move the adoption of the foregoing resolution. Nancy Dingeldey Copies of Resolution Authorizing Environmental Infrastructure Fund Expense Reimbursement Request from the Village of Wolverine Lake on file in County Clerk’s office. FISCAL NOTE (Misc. #00020) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF WOLVERINE LAKE 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. $3,727 is available in the Environmental Infrastructure Fund to reimburse the Village of Wolverine Lake for this project. 2. No additional appropriation is required. FINANCE COMMITTEE (The vote for this resolution appears on page 93.) Commissioners Minutes Continued. February 24, 2000 69 * MISCELLANEOUS RESOLUTION #00021 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT 1999 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 resolution appears on page 93.) * MISCELLANEOUS RESOLUTION #00022 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 1999 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 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 1999 to the County and the local units (collectively, the "taxing units") that will have remained unpaid on March 1, 2000 and the Treasurer is authorized to pledge these amounts in Commissioners Minutes Continued. February 24, 2000 70 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 2000 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 2000 Revolving Fund. In order to implement the continuation of the Revolving Fund Program and in accordance with Act 206, the County hereby establishes a 2000 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 2000 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 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 Commissioners Minutes Continued. February 24, 2000 71 the date of issue, the proceeds of the Notes shall be deposited in the County's 2000 Delinquent Tax Project Account and thereafter used to fund the whole or a part of the County's 2000 Tax Payment Account, 2000 Note Reserve Account and/or 2000 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 2000 Tax Payment Account, 2000 Note Reserve Account and/or 2000 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 Treasurer’s 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, 1999, 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 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. Commissioners Minutes Continued. February 24, 2000 72 (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. 207. Transfer or Exchange of Notes. (a) Notes issued in registered form shall be transferrable 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. Commissioners Minutes Continued. February 24, 2000 73 (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 (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. Commissioners Minutes Continued. February 24, 2000 74 (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 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. Commissioners Minutes Continued. February 24, 2000 75 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 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; Commissioners Minutes Continued. February 24, 2000 76 (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. 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). Commissioners Minutes Continued. February 24, 2000 77 (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 2000 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. (b) The Treasurer may by written order establish separate sub-accounts in the County's 2000 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 2000 Note Payment Account allocated to each sub-account may be set equal to the percentage that Notes issued in the Commissioners Minutes Continued. February 24, 2000 78 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 2000 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. (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 2000 Note Reserve Account for each series of Notes, into which shall be deposited the amount determined by the Treasurer under Section 103 or Commissioners Minutes Continued. February 24, 2000 79 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 2000 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 20 days after the date of issue, a 2000 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 Commissioners Minutes Continued. February 24, 2000 80 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 2000 Note Reserve Account created under Section 703 or the 2000 Note Payment Account created under Section 704. Monies in the Project Account may be disbursed by the escrow agent to the County's 2000 Tax Payment Account at any time and from time to time, upon receipt of a written requisition signed by the Treasurer. 702. 2000 Tax Payment Account. The County's 2000 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. 2000 Note Reserve Account. In the event funding is provided as described in this Section 703, the Treasurer shall establish a 2000 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 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 2000 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 Commissioners Minutes Continued. February 24, 2000 81 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. 2000 Note Payment Account. (a) The County's 2000 Note Payment Account is hereby established as a distinct account within the Revolving Fund. (The County's 2000 Note Payment Account, as supplemented by monies held in any interim account that are designated for transfer to the 2000 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, 2000, 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. (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 Commissioners Minutes Continued. February 24, 2000 82 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 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 Commissioners Minutes Continued. February 24, 2000 83 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 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 Commissioners Minutes Continued. February 24, 2000 84 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, 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 2000 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 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. Commissioners Minutes Continued. February 24, 2000 85 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 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 Commissioners Minutes Continued. February 24, 2000 86 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 93.) * REPORT (Misc. #00004) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: INFORMATION TECHNOLOGY/ADMINISTRATION – CREATION OF PROPRIETARY FUNDED PROCUREMENT TECHNICIAN POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-mentioned resolution on February 16, 2000, recommends to the Oakland County Board of Commissioners the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #00004 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: INFORMATION TECHNOLOGY/ADMINISTRATION - CREATION OF PROPRIETARY FUNDED PROCUREMENT TECHNICIAN POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County’s needs for Information Technology resources have grown significantly over the past year; and WHEREAS the various efforts under the expanded CLEMIS program, E911 Project, as well as the transfer of Telephone Communications into the department in February, 1999, have considerably increased the amount of hardware and software related purchasing work needed to be performed; and WHEREAS the Information Technology Department currently has only one position dedicated to the purchasing function; and WHEREAS analysis of workload increases indicates that activity has increased 78% over the last eight months with various other support staff providing assistance when possible; and WHEREAS the shortage of qualified purchasing staff has caused delays in processing which could impact project completion dates; and WHEREAS the requested Procurement Technician position would provide qualified assistance, with position funding provided by existing proprietary fund revenues; and WHEREAS the County Executive has reviewed this request and recommends approval. Commissioners Minutes Continued. February 24, 2000 87 NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the creation of one (1) proprietary funded Procurement Technician position in the Administration Division of the Information Technology Department. BE IT FURTHER RESOLVED that the Fiscal Year 2000/2001 Bi-Annual Budget be amended as follows: IT FUND Information Technology Dept. - Administration 18-636112-10000-2001 Salaries $27,409 18-636112-10000-2075 Fringes 10,964 $38,373 18-636112-10000-8005 Changes in Fund Equity ( 38,373) Total $ 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 93.) * REPORT (Misc. #00006) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: TREASURER – DELETION OF ONE (1) STUDENT POSITION AND CREATION OF ONE (1) PTNE GENERAL CLERICAL POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-mentioned resolution on February 16, 2000, recommends to the Oakland County Board of Commissioners the resolution be adopted. Commissioners Minutes Continued. February 24, 2000 88 Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #00006 BY: Finance Committee, Sue A. Douglas, Chairperson IN RE: TREASURER – DELETION OF ONE (1) STUDENT POSITION AND CREATION OF ONE (1) PTNE GENERAL CLERICAL POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Treasurer has experienced increased difficulty in recruiting and retaining students to assist in the disbursement function; and WHEREAS part-time daily assistance is needed to print, file and disburse checks; and WHEREAS the Treasurer requests to delete one (1) Student position and create one (1) PTNE (1,000 hour) General Clerical position; and WHEREAS there is an annual savings of $703 and a savings of $405 for the remainder of Fiscal Year 2000 for this proposal, which will be returned to Contingency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the deletion of one (1) Student position (#71101-00035). BE IT FURTHER RESOLVED that Oakland County Board of Commissioners authorizes the creation of one (1) GF/GP PTNE (1,000 Hour/Year) General Clerical position in the Administration Unit of the Treasurer Department. BE IT FURTHER RESOLVED that the Fiscal Year 2000 and Fiscal Year 2001 Adopted Budget be amended as follows: FY 2000 FY 2001 22-221120-01000-2001 Treasurer-Salaries ($ 369) ($ 640) 22-221120-01000-2075 Treasurer-Fringes ( 36) ( 63) 90-290000-25000-2564 Contingency 405 703 $ 0 $ 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 93.) * MISCELLANEOUS RESOLUTION #00023 BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: SUPPORT OF HOUSE BILL 4752, SUPPORT REGULATION OF INTERNET ALCOHOL SALE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS despite a statewide ban on selling alcohol to minors, some underage drinkers are circumventing this law through the purchase of alcoholic beverage via the Internet or through catalogs; and WHEREAS such sales of alcohol, even to persons of legal age, constitute a violation of the Michigan Liquor Control Code which requires licensed suppliers, wholesalers and retailers, and circumvents the tax structure on alcoholic beverages; and WHEREAS House Bill 4752, would specify that the sale, delivery and importation of alcoholic liquor would include the sale, delivery or importation of alcoholic liquor transacted by means of mail order, Internet, telephone, computer device or other electronic means, be included in the Liquor Control Act, and that the retailer would have to be licensed under the laws of Michigan, pay applicable taxes to the commission, comply with all prohibitions on the sale of alcohol to minors, verify the age of the individual purchasing alcohol by obtaining the purchaser’s driver license number, date of birth, telephone number and address, and would have to maintain the information for four years after the transaction; and WHEREAS House Bill 4752 would require that the shipping container identify the contents as CONTAINS ALCOHOLIC LIQUOR--MUST BE DELIVERED TO PURCHASER ONLY in letters at least one inch high, and would require the deliverer to verify that the purchaser is of legal age to make such a purchase. Commissioners Minutes Continued. February 24, 2000 89 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the passage of House Bill 4752, as being in the best interest of all of our citizens and conforms with Michigan’s zero tolerance policy on underage drinking. BE IT FURTHER RESOLVED that the County Clerk forward certified copies of this resolution to all Oakland County State legislators, the Michigan Association of Counties and the County’s legislative lobbyists. 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 93.) * MISCELLANEOUS RESOLUTION #00013 BY: Public Services Committee, Frank Millard, Chairperson IN RE: SHERIFF'S DEPARTMENT - NARCOTICS ENFORCEMENT TEAM UNIT OVERTIME REIMBURSEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #99252, the Sheriff Department Narcotics Unit, as part of the Oakland County Narcotic Enforcement Team headed by the Michigan State Police, has received overtime reimbursement for which an Oakland County application was not required; and WHEREAS the Michigan State Police as lead agency made the application and acceptance of a grant from Southeastern Michigan HIDTA and are now reimbursing the Sheriff’s Department Narcotics Unit; therefore, the grant application process, as specified in the Grant Rules, Section 11.C.4 was not necessary; and WHEREAS the Sheriff has received a check from Oakland County NET in the amount of $6,320 to reimburse overtime costs; and WHEREAS acceptance of this check does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approved the acceptance of this reimbursement by accounting for the revenue in OCA 13901 PCA 44600 Obj 0907 (reimbursement of salaries) with no amendment to the Fiscal Year 2000 Biennial Budget. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #00013) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT – NARCOTICS ENFORCEMENT TEAM UNIT OVERTIME REIMBURSEMENT 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 Oakland County Narcotics Enforcement Team headed by the Michigan State Police received a grant from Southeastern Michigan High Intensity Drug Trafficking Area (HIDTA). 2. The Sheriff’s Department Narcotics Enforcement Team Unit received a check for $6,320 from the Oakland County Narcotics Enforcement Team to reimburse Oakland County Sheriff for the Narcotics Unit overtime expenditures. 3. The check will be deposited as revenue in account 43-101-13901-44600- 0907 (reimbursement of salaries), with no amendment to the Fiscal Year 2000 Budget. 4. Acceptance of this check does not obligate the County to any future commitment. FINANCE COMMITTEE (The vote for this motion appears on page 93.) Commissioners Minutes Continued. February 24, 2000 90 * MISCELLANEOUS RESOLUTION #00024 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: EMERGENCY MANAGEMENT/TORNADO WARNING SYSTEM EXPANSION - TOWNSHIP OF MILFORD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 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 Township of Milford has executed the attached purchase agreement; and WHEREAS the Township of Milford has agreed to pay seventy-five percent of the total estimated cost of three additional sirens. Currently they have two sirens; and WHEREAS consistent with the attached standard agreement, the Township of Milford agrees that Oakland County will retain ownership of the siren 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 $12,750, 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 Township of Milford. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Township of Milford Siren Budget Summary and Purchase Agreement on file in County Clerk’s office. FISCAL NOTE (Misc. #00024) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - TOWNSHIP OF MILFORD 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 Township of Milford has issued a purchase agreement for the purchase of three fire sirens and has requested to become part of the County’s centrally activated tornado warning system. 2. Total cost of the sirens are $51,000. 3. The Township of Milford has agreed to pay $38,250, 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, $12,750. 5. Consistent with past agreements, the County will retain ownership and be responsible for the maintenance and electrical costs for the sirens. 6. Favorability is expected in the Non-Department Fiscal Year 2000 Office Automation Account to cover the County’s cost of $12,750. 7. A budget amendment is recommended as follows: Expense DEPT/OCA/PCA/OBJECT 4-90-290000-25000-9066 Office Automation ($12,750) Expense 4-18-221112-60000-9169 Misc. Cap. Outlay $12,750 $ -0- Commissioners Minutes Continued. February 24, 2000 91 FINANCE COMMITTEE (The vote for this motion appears on page 93.) * REPORT (Misc. #00018) BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: EMERGENCY MANAGEMENT/TORNADO WARNING SYSTEM EXPANSION – CITY OF NOVI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above-referenced resolution on February 15, 2000, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #00018 BY: Public Services Committee, Kay Schmid, District #17 IN RE: EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - CITY OF NOVI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 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 City of Novi has executed the attached purchase agreement; and WHEREAS the City of Novi has agreed to pay seventy-five percent of the total estimated cost of three additional sirens. Currently there are nine sirens located in the City of Novi; and WHEREAS consistent with the attached standard agreement, the City of Novi agrees that Oakland County will retain ownership of the siren 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 $12,750, 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 City of Novi. Chairperson, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of City of Novi Siren Budget Summary and Purchase Agreement between the County of Oakland and the City of Novi on file in the County Clerk’s office. FISCAL NOTE (Misc. #00018) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - CITY OF NOVI 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 City of Novi has issued a purchase agreement for the purchase of three fire sirens and has requested to become part of the County’s centrally activated tornado warning system. 2. Total cost of the sirens are $51,000. 3. The City of Novi has agreed to pay $38,250, seventy-five percent (75%) of the estimated cost of the sirens. Commissioners Minutes Continued. February 24, 2000 92 4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, $12,750. 5. Consistent with past agreements, the County will retain ownership and be responsible for the maintenance and electrical costs for the sirens. 6. Favorability is expected in the Non-Department Fiscal Year 2000 Office Automation Account to cover the County’s cost of $12,750. 7. A budget amendment is recommended as follows: Expense DEPT/OCA/PCA/OBJECT 4-90-290000-25000-9066 Office Automation ($12,750) Expense 4-18-221112-60000-9169 Misc. Cap. Outlay $12,750 $ -0- FINANCE COMMITTEE Vote for resolutions on Consent Agenda: AYES: Appel, Buckley, Causey-Mitchell, Colasanti, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Amos. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted and the reports were accepted. MISCELLANEOUS RESOLUTION #00025 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT - AUTHORIZATION AND APPROPRIATION OF FUNDS FOR UPGRADE OF JAIL CELL LOCK SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the existing Jail cell lock system is over 28 years old, has become unreliable and a safety liability; and WHEREAS repair parts are no longer available and must be custom machined; and WHEREAS cell block downtime for repairs reduces available prisoner space, increases the possibility of Jail overcrowding; and WHEREAS it is recommended the work be performed by in-house staff and outside contractors obtained through the Purchasing Division; and WHEREAS the estimated total project cost of the upgrade of the Jail cell lock system is $1,260,000.00; and WHEREAS a four-year phased replacement program will allow salvaged parts to be used to maintain the existing system; and WHEREAS funding in the amount of $315,000.00 is available in the 2000 Capital Improvement Program in the building projects section. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the upgrade of the Jail cell lock system. BE IT FURTHER RESOLVED that the funds in the amount of $315,000.00 available in the Capital Improvement Fund (401) be transferred to the Project Work Order Fund (404). BE IT FURTHER RESOLVED that the FM&O Administration budget be amended as follows: Building Improvement Fund #401 FY2000 3-14-210006-10000-8001 Oper. Transf. Out ($315,000.00) Project Work Order Fund #404 3-14-310007-10000-1701 Oper. Transf. In $315,000.00 Total $0 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Authorization to Proceed and Appropriation of Funds for Jail Cell Lock Replacement Program on file in County Clerk’s office. REPORT (Misc. #00025) BY: Planning and Building Committee - Charles E. Palmer, Chairperson IN RE: FACILITIES MANAGEMENT – AUTHORIZATION AND APPROPRIATION OF FUNDS FOR UPGRADE OF JAIL CELL LOCK SYSTEM To the Oakland County Finance Committee Commissioners Minutes Continued. February 24, 2000 93 Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the need to upgrade the 28-year old Oakland County Jail cell lock system and the Department of Facilities Management report dated January 18, 2000, recommends approval of the project. The Committee further recommends funding for the project cost of $315,000.00 including contingency, be approved. Additionally, the Planning and Building Committee supports the attached Finance Committee Resolution. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Douglas supported by Causey-Mitchell the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Douglas supported by Causey-Mitchell the resolution be adopted. AYES: Buckley, Causey-Mitchell, Colasanti, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #00026 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/DIGITAL INFORMATION SERVICE CENTER – REVISION OF THE ENHANCED ACCESS PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as provided by Public Act 462 of 1996 - Enhanced Access to Public Records Act, the Board of Commissioners, by approving Miscellaneous Resolution #97165 on August 14, 1997, adopted the Oakland County Enhanced Access to Public Records Policy; and WHEREAS the original names given to several of the enhanced access programs need to be changed to provide a clearer description of the services provided through these programs; and WHEREAS Section 3 (FEES) of the aforementioned policy specifies that “It is the policy of Oakland County to charge a reasonable fee for providing enhanced access to a public record.”; and WHEREAS the policy defines “reasonable fee” as a charge calculated to enable recovery, over time, only those operating expenses directly related to the public body’s provision of enhanced access; and WHEREAS the policy further specifies that proposed fees shall be presented to and approved by the Board of Commissioners before they shall be effective; and WHEREAS the procedure of separately establishing enhanced access rates for each enhanced access program has created confusion with regard to the various pricings of enhanced access services, which could be solved by creating a master sheet of enhanced access pricings that would be revised each time an enhanced access fee or an enhanced access program is changed by the Board; and WHEREAS the pricing for the Parcel Attribute Query should be increased to $13.00 per month for subscriptions, and $7.50 per transaction, which constitute “reasonable fees” for this service, to reflect the addition of the parcel map that will now be provided through this service; and WHEREAS the pricing for the Delinquent Tax Statement Program should be increased by $.50 per transaction for non-subscribers, to a total of $2.00 per transaction, ($1.25 of which remains the statutory fee for access to this information), which constitutes a “reasonable fee” for this service, to reflect the additional expenses incurred in processing these individual transactions; and WHEREAS the Administration requires the ability to issue credits and refunds for enhanced access purchases, in the event that, in the administration’s discretion, such refunds and credits are appropriate. Commissioners Minutes Continued. February 24, 2000 94 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby renames the “Parcel Attribute Query” to the “Residential Property Profile”, and the “Mini Ad Hoc Query” to the “Residential Property Analyzer”. BE IT FURTHER RESOLVED that the pricing for the Residential Property Profile (formerly the “Parcel Attribute Query” program) shall be increased to $13.00 per month for subscriptions, and $7.50 per transaction, to reflect the additional information provided with this service. BE IT FURTHER RESOLVED that the pricing for the Delinquent Tax Statement Program should be increased to a total of $2.00 per transaction for non-subscribers, ($1.25 of which remains the statutory fee for access to this information), to reflect the additional expenses incurred in processing these individual transactions. BE IT FURTHER RESOLVED that all prior resolutions establishing the individual pricings for enhanced access services shall be superceded by the cumulative list of pricings for all Oakland County enhanced access services contained in Attachment 1 to this resolution. BE IT FURTHER RESOLVED that the Administration is authorized to issue credits and refunds for enhanced access purchases when the Administration determines that a credit or refund is appropriate. BE IT FURTHER RESOLVED that the Administration shall report back to the Board on a quarterly basis regarding the credits and refunds issued through enhanced access programs. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Oakland County Enhanced Access, GIS Product Price Schedule on file in County Clerk’s office. Moved by Douglas supported by Gregory the resolution be adopted. AYES: Causey-Mitchell, Colasanti, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT BY: General Government Committee, Shelley Goodman Taub, Chairperson IN RE: BOARD OF COMMISSIONERS - CONFIRMATION OF STEVEN N. ANDREWS TO THE LIBRARY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee hereby recommends the appointment of Steven N. Andrews, to the Library Board, term to expire August 24, 2004. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Taub supported by Patterson the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Patterson the appointment of Steven N. Andrews to the Library Board for a term expiring August 24, 2004 be confirmed. AYES: Colasanti, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell. (23) Commissioners Minutes Continued. February 24, 2000 95 NAYS: None. (0) A sufficient majority having voted therefor, the appointment of Steven N. Andrews to the Library Board for a term expiring August 24, 2004 was confirmed. MISCELLANEOUS RESOLUTION #00027 BY: General Government Committee, Shelley Taub, Chairperson IN RE: AGREEMENT TO TRANSFER SHELTER PLUS CARE PROGRAM FOR RENTAL SUBSIDIES FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS through Miscellaneous Resolution #99100 dated April 29, 1999, the Oakland County Board of Commissioners authorized the offices of Corporation Counsel and Management and Budget to negotiate an agreement with the Michigan State Department of Community Health (DCH) to accept grant monies from the U.S. Department of Housing and Urban Development (HUD) on behalf of the Oakland County Community Mental Health Authority (CMHA); and WHEREAS such agreements have been successfully negotiated; and WHEREAS Miscellaneous Resolution #99100 further resolved that the final agreements effectuating this grant transfer be presented to the Board of Commissioners for approval; and WHEREAS the General Government Committee has reviewed and approved the subject agreements. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Agreements to Transfer Shelter Plus Care Program for Rental Subsidies from the U.S. Department of Housing and Urban Development (HUD) to the Michigan State Department of Community Health (DCH). Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Transfer Agreement Between the County of Oakland and the Oakland County Community Mental Health Authority on file in County Clerk’s office. Moved by Taub supported by Sever the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #00028 BY: Personnel Committee, Thomas Law, Chairperson IN RE: PERSONNEL DEPARTMENT - FISCAL YEAR 2000-2002 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 2720 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and AFSCME Local 2027 have been negotiating a contract covering approximately three Board of Commissioners’ employees; and WHEREAS a 3-year agreement has been reached for the period October 1, 1999 through September 30, 2002, and said agreement has been reduced to writing; and WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and AFSCME Local 2027, covering the period of October 1, 1999, through September 30, 2002, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Commissioners Minutes Continued. February 24, 2000 96 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of the County of Oakland and Michigan Council 25, American Federation of State, County and Municipal Employees, AFL-CIO, Senior Committee Coordinator, Committee Coordinator and Secretaries of the Oakland County Board of Commissioners, Collective Bargaining Agreement, 1999-2002, on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #00029 BY: Personnel Committee, Thomas Law, Chairperson IN RE:PERSONNEL DEPARTMENT - FISCAL YEAR 2000-2002 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS ASSOCIATION OF MICHIGAN (COA) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the COA, have been negotiating a contract covering approximately 84 Sheriff’s Department employees; and WHEREAS a 3-year agreement has been reached for the period October 1, 1999 through September 30, 2002, and said agreement has been reduced to writing; and WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and COA, covering the period of October 1, 1999, through September 30, 2002, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of the County of Oakland and Oakland County Command Officer’s Association, Sheriff’s Department – Sergeants, Lieutenants and Captains, Collective Bargaining Agreement, 1999-2002, on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #00009 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: CIRCUIT COURT/JUDICIAL ADMINISTRATION – JUDICIAL LAW CLERK CLASSIFICATION SALARY ADJUSTMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court currently has three Judicial Law Clerk positions that were created with the Fiscal Year 1999 Budget; and WHEREAS these positions assist the general jurisdiction Circuit Court Judges with legal research and the drafting of opinions; and WHEREAS the Court is experiencing difficulty recruiting and filling these positions; and WHEREAS the Court is requesting to increase the salary level of the Judicial Law Clerk classification in order to attract more applicants; and WHEREAS the County Executive has reviewed the information and concurs that the Judicial Law Clerk salary needs to be adjusted in order to improve recruitment and retention. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an increase in the Judicial Law Clerk salary from a flat annual rate of $25,020 to a new range of: Base 1 year 2 year Annual 28,487 30,222 31,957 Bi-weekly 1,095.66 1,162.38 1,229.10 Commissioners Minutes Continued. February 24, 2000 97 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (Misc. #00009) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/JUDICIAL ADMINISTRATIOIN – JUDICIAL LAW CLERK CLASSIFICATION SALARY ADJUSTMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of the Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. Three (3) Judicial Law Clerk positions were created in the Circuit Court’s Fiscal Year 1999 Budget. 2. These positions assist the general jurisdiction Circuit Court Judges with legal research and the drafting of opinions. 3. Due to difficulty in recruiting and filling these positions, the Court has requested an increase in the classification’s salary level. 4. The County Executive has reviewed the information and concurs that an increase is needed in order to improve recruitment and retention. 5. The recommendation is to change the classification from a flat annual rate of $25,020 to a new range of: Base 1 year 2 year Annual 28,487 30,222 31,957 Bi-weekly 1,095.66 1,162.38 1,229.10 6. Funding is available in the Non-Department appropriation for Fiscal Year 2000 Classification and Rate Change. A budget amendment to the Circuit Court’s Fiscal Year 2000 and Fiscal Year 2001 Budget is recommended as follows: Non Department FY2000 FY2001 2-90-290000-25000-9021 Class. & Rate Change $(16,665) $(19,695) Circuit Court 2-31-101200-10001-2001 Circuit Court Salaries $ 13,205 $ 15,606 2-31-101200-10001-2075 Circuit Court Fringes 3,460 4,809 $ 16,665 $ 19,695 FINANCE COMMITTEE Moved by Law supported by Buckley the resolution be adopted. AYES: Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Dingeldey. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #00015 BY: Public Services Committee, Frank Millard, Chairperson IN RE: PROSECUTING ATTORNEY – REQUEST TO PURCHASE DRUG AWARENESS CALENDARS WITH FORFEITED FUNDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funds in the amount of $147,335.14 (balance as of 12/31/1999) are currently deposited in the Prosecutor’s Deferred Revenue accounts (41-231000-10000-2203-60050 Prosecutor Seized Funds and 60054 Law Enforcement Enhancement), from the reimbursement of expenses associated with forfeiture proceedings; and WHEREAS the Oakland County Prosecuting Attorney’s Office is requesting a portion of these funds ($26,000) be used for the purchase of the Drug Awareness Calendars; and WHEREAS this purchase will enhance the Prosecuting Attorney’s Office law enforcement efforts. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the transfer of $26,000 from funds currently Commissioners Minutes Continued. February 24, 2000 98 deposited in the Prosecutor’s Law Enforcement Forfeiture account for the purchase of Drug Awareness calendars. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #00015) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY – REQUEST TO PURCHASE DRUG AWARENESS CALENDARS WITH FORFEITED FUNDS 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. Funds in the amount of $147,335.14 (balance as of 12/31/1999) are currently deposited in the Prosecutor’s Law Enforcement account (41-231000-10000-2853-2203) from the reimbursement of expenses associated with forfeiture proceedings. 2. The Oakland County Prosecuting Attorney’s Office is requesting a portion of these funds, $26,000, to be used for the purchase of Drug Awareness calendars. 3. Purchase of these calendars will enhance the Prosecuting Attorney’s Office law enforcement efforts. 4. The Fiscal Year 2000 Budget be amended as follows: Commissioners Minutes Continued. February 24, 2000 99 GENERAL FUND Revenue 41-110000-30000-2340 Misc. Revenue $26,000 $26,000 Expenditure 41-213000-30000-4080 Educational Supplies $26,000 $26,000 FINANCE COMMITTEE Moved by Millard supported by McCulloch the resolution be adopted. AYES: Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Dingeldey, Douglas. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #00030 BY: Public Services Committee, Frank Millard, Chairperson IN RE: 2000 GYPSY MOTH SUPPRESSION PROGRAM COMMUNITY SPRAY CONTRACTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS the gypsy moth infestation presents the potential for immense damage to the many forested and tree filled landscapes within Oakland County; and WHEREAS many local governmental units within Oakland County have sought the County’s assistance in coordinating a large scale treatment program to help suppress the gypsy moth infestation in which the local units chose to participate; and WHEREAS the County has chosen to assist qualifying local units by participating in a state-wide treatment program developed by the Michigan Department of Agriculture (MDA); and WHEREAS the MDA program offers the expertise and experience of the MDA in suppressing the gypsy moth infestation plus the possibility of Federal and/or State cost sharing for program expenses through a State grant entitled the, “2000 Michigan Department of Agriculture Cooperative Gypsy Moth Suppression Program”; and WHEREAS the County provides local units an opportunity to join this County-wide program and realize economies of scale, cost savings, and possible cost sharing through the MDA grant that local units could not achieve independently; and WHEREAS the 2000 program is a cooperative effort between the County and local units which provides that specifically designated areas of qualified forested municipal acreage will be aerially sprayed with a MDA selected insecticide by an MDA qualified and approved agricultural pesticide spray contractor in a attempt to minimize municipal tree damage; and WHEREAS the Townships of Highland, Rose, and White Lake have submitted acreage for the 2000 program; and WHEREAS the attached 2000 Gypsy Moth Suppression Program Municipal Participation Agreement is submitted for Board action. WHEREAS the County has also chosen to assist local units by providing a parallel program entitled the “2000 Oakland County Gypsy Moth Suppression Program” for local units choosing to spray at lower insect thresholds that do not qualify for MDA cost share; enabling the realization of economies of scale; and WHEREAS the Townships of Orion, Springfield, and White Lake; the City of Rochester Hills have submitted acreage for the 2000 program; and WHEREAS the attached 2000 Oakland County Gypsy Moth Suppression Program Joint Operating Agreement is submitted for Board action. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached MUNICIPAL PARTICIPATION AGREEMENT and the attached JOINT OPERATING AGREEMENT - 2000 OAKLAND COUNTY GYPSY MOTH SUPPRESSION PROGRAM for each of the above-named municipalities. Commissioners Minutes Continued. February 24, 2000 100 BE IT FURTHER RESOLVED that upon receipt of the final, executed MUNICIPALITY PARTICIPATION AGREEMENT and the JOINT OPERATING AGREEMENT - 2000 OAKLAND COUNTY GYPSY MOTH PROGRAM from each of the above eligible municipalities, accompanied by a certified copy of the resolution of their respective governing bodies accepting the Agreement, the Oakland County Board of Commissioners authorizes the Oakland County Executive to execute and enter into each of these Agreements on behalf of the County Of Oakland. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Municipality Participation Agreement, 2000 Oakland County Gypsy Moth Program on file in County Clerk’s office. Moved by Millard supported by Colasanti the resolution be adopted. AYES: Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Dingeldey, Douglas, Galloway. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #00031 BY: Public Services Committee, Frank Millard, Chairperson IN RE: PUBLIC SERVICES DEPARTMENT/MSU EXTENSION - 2000 GYPSY MOTH SUPPRESSION PROGRAM JOINT BIDDING UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the gypsy moth infestation presents the potential for immense damage to the many forested and tree filled landscapes within Oakland County; and WHEREAS many local governmental units within Oakland County have sought the County’s assistance in coordinating a large scale treatment program to help suppress the gypsy moth infestation in which the local units chose to participate; and WHEREAS the County provides local units an opportunity to join this County-wide program and realize economies of scale, cost savings, that local units could not achieve independently; and WHEREAS the County has chosen to assist qualifying local units by participating in both a State-wide treatment program developed by the Michigan Department of Agriculture (MDA) entitled the, “2000 Michigan Department of Agriculture Cooperative Gypsy Moth Suppression Program” and a parallel program entitled the “2000 Oakland County Gypsy Moth Suppression Program” for local units choosing to spray at lower insect infestation levels; and WHEREAS the Urban Cooperation Act (MCL 124.501 et.seq.) provides legislation which enables Oakland County to enter into inter-local agreements; and WHEREAS the Counties of Macomb and St. Clair wish to combine acreage with Oakland County and form a joint bidding unit, solely for the bidding process, to realize economies of scale; and WHEREAS the Counties would issue a single Request for Quotation to potential contractors for the aerial application of Bacillus thuringiensis, commonly known as B.t., and each county will enter into an individual contract with the selected contractor; and WHEREAS this bidding unit in no way compromises the specific requirements of Oakland County for the aerial application and enables the County to realize the same cost savings; and WHEREAS the attached JOINT BIDDING AGREEMENT between the Counties of Oakland, Macomb, and St. Clair is submitted for Board action. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached JOINT BIDDING AGREEMENT with the above-named counties, and authorizes the Oakland County Executive to execute this agreement on behalf of the County of Oakland. Commissioners Minutes Continued. February 24, 2000 101 Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Joint Bidding Agreement on file in County Clerk’s office. Moved by Millard supported by Suarez the resolution be adopted. AYES: Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Dingeldey, Douglas, Galloway, Garfield. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. February 24, 2000 102 REPORT (Misc. #00032) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – 2000 ACCESS AND VISTATION GRANT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on February 17, 2000, reports with the recommendation that the resolution be adopted with the resolution amended to insert the following language as the first three WHEREAS paragraphs: WHEREAS the Friend of the Court received notification on November 24, 1999, of grant monies available for access and parenting time programs; and WHEREAS the grant application required input from HAVEN before it could be submitted by Friend of the Court, said input being received on December 7, 1999; and WHEREAS the deadline for submittal of the grant application was December 13, 1999, making it necessary to abridge the Board’s grant procedures as there were no Public Services Committee meetings after December 5, 1999; and Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #00032 BY: Public Services Committee, Frank Millard, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2000 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 $55,224 for the period covering January 1, 2000, through December 15, 2000; and WHEREAS the required 10% matching funds ($6,136) 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 2000 Access and Visitation Grant in an amount not to exceed $55,224. BE IT FURTHER RESOLVED that Oakland County Friend of the Court contract with the HAVEN to provide services as detailed in the grant award. BE IT FURTHER RESOLVED the HAVEN will provide the required 10% matching in the amount of $6,136 also as stated in the grant. BE IT FURTHER RESOLVED that 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 Copy of 2000 Access and Visitation Grant Contract Application on file in County Clerk’s office. FISCAL NOTE (Misc. #00032) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2000 ACCESS AND VISITATION GRANT APPLICATION/ACCEPTANCE 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: Commissioners Minutes Continued. February 24, 2000 103 1. Oakland County Friend of the Court submitted a renewal application for the Federal Access and Visitation Grant through the State Court Administrative Office. 2. The grant is for services to be performed in conjunction with agencies which facilitate parenting time (visitation) for certain cases as determined by the Court. 3. The Friend of the Court has been awarded the grant for services performed through such agencies not to exceed $55,224 for the period covering January 1, 2000 through December 15, 2000. 4. The Friend of the Court will contract with the HAVEN to provide the services as stated in the grant award. 5. The County will incur no costs in the acceptance of the grant as the HAVEN will also provide the required 10% matching in the amount of $6,136. 6. Friend of the Court Fiscal Year 2000 Special Revenue Budget be amended as follows: Revenue FY 2000 31-201110-10004-0171 Grants-State $55,224 Expenditure 31-201210-10004-3348 Professional Services 55,224 $ 0 FINANCE COMMITTEE Moved by Millard supported by Moffitt the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Millard supported by Moffitt the resolution be adopted. Moved by Millard supported by Moffitt the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey- Mitchell, Colasanti, Dingeldey, Douglas, Galloway, Garfield, Gregory. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #00033 BY: Commissioner Shelley G. Taub, District #13 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF SYLVAN LAKE 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 (CVT’s); and WHEREAS pursuant to the Disbursement Policy, the City of Sylvan Lake 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 the City of Sylvan Lake is requesting reimbursement for work related to the replacement of a sewer main along Ferndale Street; and WHEREAS the City of Sylvan Lake has requested reimbursement from the County in the amount of $8,513.21 for this particular project; and WHEREAS the current authorized amount of funding for the City of Sylvan Lake is $8,513.21 from the Environmental Infrastructure Fund as Commissioners Minutes Continued. February 24, 2000 104 repayment to the City of Sylvan Lake 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 replacement of a sewer main project as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes an appropriation in the amount of $8,513.21 from the Environmental Infrastructure Fund (Account #90-263258-41000-3985) to repay the City of Sylvan Lake 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. Shelley Taub Copy of City of Sylvan Lake’s Environmental Infrastructure Fund Reimbursement Request on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #00034 BY: Commissioner Nancy Dingeldey, District #11 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF COMMERCE 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. February 24, 2000 105 infrastructure projects for the County and its cities, villages and townships (CVT’s); and WHEREAS pursuant to the Disbursement Policy, Commerce 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 Commerce Township is requesting reimbursement to eliminate three (3) public wells as recommended by the Drain Commissioner; and WHEREAS Commerce Township has requested reimbursement from the County in the amount of $117,321.87 for the first year of this particular project; and WHEREAS the current authorized amount of funding for Commerce Township is $117,321.87 from the Environmental Infrastructure Fund as repayment to Commerce 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 elimination of three public wells in Commerce Township project as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the release of funds in the amount of $117,321.87 from the Environmental Infrastructure Fund (Account #90-263206-41000-3985) as repayment to Commerce Township for expenses incurred in connection with environmental remediation or improvement projects. Chairperson, I move the adoption of the foregoing resolution. Nancy L. Dingeldey Copy of Charter Township of Commerce’s Environmental Infrastructure Fund Reimbursement request on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #00035 BY: Sue Ann Douglas, District #8; Nancy Dingeldey, District #11; John P. McCulloch, District #22 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND – OPTIONAL ACCELERATED PAYMENT SCHEDULE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS through adoption of Miscellaneous Resolution #99109, the Board of Commissioners amended the General Appropriations Act for purposes of implementing operation of the County’s Environmental Infrastructure Fund; and WHEREAS the amendment specifies annual installment of $5,000,000 on a County-wide basis, allocated to individual cities, villages and townships (CVT’s) based on 50% of the percentage of each CVT’s State Taxable Value (STV) to the County’s total taxable value for the most recently completed assessment year, and 50% on the percentage of each CVT’s population, to the County’s total population based on the most recently completed Decennial Census; and WHEREAS due to large environmental infrastructure projects that significantly exceed the annual availability of funding, CVT’s and the Board of Commissioners are desirous of establishing an optional accelerated payment schedule that provides funds immediately at a discount rate equivalent to six- month Treasury Bill rates (6.00%) consistent with current County policy with regard to borrowing funds from the Delinquent Tax Revolving Fund; and WHEREAS each CVT would have the option of requesting their allocation on an annual basis (with no discount), accumulating their unused annual allocation for distribution in future years, but no later than September 30, 2004 (with no discount), or gaining immediate access to future allocations (at a discount predicated on an interest rate equivalent to six- month Treasury Bill rates (6.00%); and WHEREAS the Optional Accelerated Payment Schedule also requires incorporation of the percent language regarding most recent STV and decennial population at time of payment; and WHEREAS implementation of this resolution requires amendment to Section 21(g) of the General Appropriations Act, appropriating the remaining Commissioners Minutes Continued. February 24, 2000 106 three years of earmarked Delinquent Tax Revolving Fund monies, at a discount amount, for environmental infrastructure purposes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establish an Optional Accelerated Payment Schedule for Environmental Infrastructure Fund distributions that permit local Cities, Villages and Townships to gain immediate access to future allocations at a discount rate equivalent to six-month Treasury Bill rates (6.00%). BE IT FURTHER RESOLVED that Section 21(g) of the General Appropriations Act be amended by adding the following: The remaining appropriation for Fiscal Years 2001 through 2003 ($13,127,000) is authorized to be transferred from the Delinquent Tax Revolving Fund to implement an Optional Accelerated Payment Schedule for Environmental Infrastructure Fund distributions. The allocation of funds for those CVT’s that choose the Optional Accelerated Payment Schedule will be based on 50% of the percentage of each CVT’s State Taxable Value (STV) to the County’s total taxable value for the most recently completed assessment year, and 50% on the percentage of each CVT’s population, to the County’s total population based on the most recently completed Decennial Census. Chairperson, I move adoption of the foregoing resolution. Sue Ann Douglas, Nancy Dingeldey, John P. McCulloch The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #00036 BY: Commissioner William Patterson, District #1 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF HOLLY 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 (CVT’s); and WHEREAS pursuant to the Disbursement Policy, the Village of Holly 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 the Village of Holly is requesting reimbursement for work related to the reconstruction of Maple Street from East Road to the CSX Railroad tracks including supplementing the existing storm sewer system with catch basins, adding an additional outlet to the Patterson-Holly Drain, and reviewing and possibly replacing an existing sanitary sewer; and WHEREAS the Village of Holly has requested reimbursement from the County in the amount of $18,567.29 for this particular project; and WHEREAS the current authorized amount of funding for the Village of Holly is $18,567.29 from the Environmental Infrastructure Fund as repayment to the Village of Holly 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 work related to the sewer systems involved in specific road reconstruction project as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes an appropriation in the amount of $18,567.29 from the Environmental Infrastructure Fund (Account #90- 263210-41000-3985) to repay the Village of Holly 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 Village of Holly’s Request for Environmental Infrastructure Fund Reimbursement on file in County Clerk’s office. Commissioners Minutes Continued. February 24, 2000 107 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #00037 BY: Commissioner William Patterson, District #1 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF OXFORD 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 (CVT’s); and WHEREAS pursuant to the Disbursement Policy, the Village of Oxford 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 the Village of Oxford is requesting reimbursement for work related to improvements in the existing water distribution system and water treatment plant to better provide safe drinking water to the community; and WHEREAS the Village of Oxford has requested reimbursement from the County in the amount of $12,553.31 for this particular project; and WHEREAS the current authorized amount of funding for Village of Oxford is $12,553.31 from the Environmental Infrastructure Fund as repayment to the Village of Oxford 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 improvements in the existing water distribution system and water treatment plant project as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes an appropriation in the amount of $12,553.21 from the Environmental Infrastructure Fund (Account #90- 263221-41000-3985) to repay the Village of Oxford 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 Village of Oxford’s Environmental Infrastructure Fund Reimbursement Request on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #00038 BY: Commissioner Tim Melton, District #7 IN RE: OPPOSITION TO HOUSE RESOLUTION 3439 and SENATE BILL 2068, PROHIBITION OF LOW POWER FM RADIO STATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since 1978 the Federal Communication Commission (FCC), has not authorized or licensed any low power FM (LPFM) radio stations below 100 watts; and WHEREAS the FCC has received supportive comments from thousands of local governments, religious groups, students, labor unions, and community organizations supporting the licensing of community-oriented radio which would transmit from 1 to 3.5 miles to serve very localized community needs; and WHEREAS the FCC is proposing two new classes of LPFM: LP 100 which broadcasts a radius of 3.5 miles using 50-100 watts of power and LP10 which serves a radius of 1-2 miles using 1-10 watts of power; and WHEREAS eligible licensees can be noncommercial government or private educational organizations, associations or entities; or non-profit entities Commissioners Minutes Continued. February 24, 2000 108 with educational purposes; or government or non-profit entities providing local public safety or transportation services; and WHEREAS Federal legislation, House Resolution 3439 and Senate Bill 2068 seek to prohibit the FCC from authorizing the operation of these new LPFM radio stations, thus silencing these local stations from addressing the needs and concerns of the local community. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby express its deep and abiding commitment to championing and providing for full expression of all ideas and information as guaranteed to all of our citizens under the United States Constitution. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby urge its Congressional delegation to oppose House Resolution 3439 and Senate Bill 2068 as not being in the best interests of our citizens. BE IT FURTHER RESOLVED that the County Clerk be instructed to mail certified copies of this resolution to Oakland County’s Federal legislators and legislative lobbyists. Chairperson, I move the adoption of the foregoing resolution. Tim Melton Commissioner, District #7 Copy of attachments on file in County Clerk’s office. The Chairperson referred the resolution to the General Government Committee. There were no objections. Chairperson John McCulloch announced that a Board Meeting has been scheduled for Thursday, April 20, 2000 at 9:30 A.M. in order to address the 2000 Equalization Report. In accordance with Rule XXII “G”, the Chairperson made the following referrals: FINANCE COMMITTEE a. Court Equity Fund – Disbursement GENERAL GOVERNMENT COMMITTEE a. Board of Commissioners – County of Newaygo – State of MI – Res. #12-044-99 re: Mental Health Services Bid Plan b. MI Department of Consumer and Industry Services – MI Council for Arts and Cultural Affairs c. Arts, Culture & Film – Fiscal Year 2001 Grant Programs and Funding Workshops Schedule d. State Representative Michael D. Bishop – RE: BOC Miscellaneous Resolution #99342 e. Letter from Colleen Murphy re: Magistrate Appointment PUBLIC SERVICES COMMITTEE a. Michigan State University – Groundwater Program OTHER Commissioner John P. McCulloch a. Court Equity Fund – Disbursement Nancy Hayden, Director a. MI Department of Consumer and Industry Services – MI Council for Arts and Cultural Affairs b. Arts, Culture & Film – Fiscal Year 2001 Grant Programs and Funding Workshops Schedule Management and Budget a. Equalization – Revocation Error Commissioner Ron Colasanti and County Treasurer a. Lyon Township Downtown Development Authority Development Plan and Tax Increment Financing Plan There were no objections to the referrals. The Board adjourned at 10:40 A.M. to the call of the Chair or March 9, 2000 at 9:30 A.M. G. WILLIAM CADDELL JOHN P. McCULLOCH Commissioners Minutes Continued. February 24, 2000 109 Clerk Chairperson