HomeMy WebLinkAboutMinutes - 1990.03.08 - 7164OAKLAND COUNTY
Board Of Commissioners
MEETING
March 8, 1990
Meeting called to order at 9:47 A.M. by Chairperson Roy Rewold in the Courthouse
Auditorium, 1200 N. Telegraph, Pontiac, MI.
Roll called.
PRESENT: Aaron, Bishop, Caddell, Calandro, Chester, Ferrens, Huntoon, Jensen, Johnson,
Richard Kuhn, Susan Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, 'Moffitt, Oaks, Olsen,
Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (25)
ABSENT: Crake, Gosling. (2)
Quorum present.
Invocation given by Commissioner Donn L. Wolf.
Pledge of Allegiance to the Flag.
Moved by Jensen supported by Pappageorge the minutes of the February 22, 1990 meeting be
approved as printed.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Olsen supported by Pernick the rules be suspended and the agenda amended for the
following resolutions already on the aunda:
PLANNING AND BUILDING COMMITTEE
a. Solid Waste - Revision tk Westinghouse Contract for Construction of a 2000 TPD WTE
Facility (Waive Rule XI -F - Direct referral to Finance Committee)
GENERAL GOVERNMENT COMMITTEE
a. Res. #90043, Board of Comm./Law Library - Reclassification of Secretary (Waive Rule
XI. (C). Finance Committee included in Multiple Referral)
FINANCE COMMITTEE
d. Clerk/Register - Purchase of Imagelink Microfilm Equipment (Waive Rule XI. (E).
Resolution did not originate in liaison committee.)
PUBLIC SERVICES COMMITTEE
a. Res. #90042, Sheriff's Department - Contracted Patrol for County Parks (Waive Rule
XI. (C). Finance Committee included in Multiple Referral.)
•
Also, move Item "C" (listed under General Government Committee) and place as item "g"
under Planning and Building Committee on the agenda. (Res. 90018 - Lake Name Change)
A sufficient majority having voted therefor, the amendment carried.
Vote on suspension of the rules to approve the amended agenda:
AYES: Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick,
Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Ferrens, Huntoon, Jensen,
Johnson, R. Kuhn, S. Kuhn. (24)
NAYS: None. (0)
58
A sufficient majority having voted therefor, the motion to suspend the rules and approve
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Commissioners Minutes Continued. March 8, 1990
the amended agenda carried.
The Chairperson made the following statement: "At thig time a Public Hearing is now
called on the Pontiac Osteopathic Hospital Nursing Home EDC Project. Notice of the Public Hearing
was published in the Oakland Press. Are there any persons present that wish to speak?'
Oakland County Treasurer, C. Hugh Dohany addressed the Board. No other persons requested
to speak and the Public Hearing was declared closed.
Representatives of the Yamasaki Associates presented an update on the Courthouse Building
Project.
Sue Myslewiec and John King addressed the Board.
Clerk read letter from Chairperson Roy Resold announcing the following appointments to the
Oakland County Cultural Council:
Ms. Jennifer Davidson to replace Dr. Richard Watson for term ending December 31, 1990.
Richard Dearth, Dr. Clarence Green, Ms. Phyllis Jose, Dr. Alicia Renfrew, Ms. Belen Torres
Ms. Barbara Tucker, Dr. Scott Westbrook II, Ms. Marcia Wiltshire, Mrs. Anetta Wonnberger and Robert
Yates for terms ending December 31, 1991.
Moved by Pernick supported by Caddell the appointments be confirmed.
A sufficient majority having voted therefor, the appointments were confirmed.
Clerk read letter from Chairperson Roy Rewold announcing the appointment of David L.
Moffitt to serve on the Duck Lake Improvement Board in West Bloomfield Township. There were no
objections.
Misc. 90045
By Finance Committee
IN RE: Institutional and Human Services/Community Mental Health - PROGRAM YEAR BUDGET ADJUSTMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Community Mental Health Division of the Department of Institutional and Human
Services has an amended budget as of January 31, 1990 of $32,131,167; and
WHEREAS the Michigan Department of Mental Health has awarded the Community Mental Health
Board, its 1989/1990 program year (Oct.-Sept.) allocation which reduce state revenues by
$2,147,678 to $22,492,595; and
WHEREAS this allocation would result in a reduction on County matching payments by
$259,890, however, because of anticipated additions to Community Mental Health funding in 1990, it
is recommended that the $259,890 remain in the CMH budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners amend the 1990
Community Mental Health Division Budget, as detailed on the attached Schedule A, reducing revenues
and expenses by $2,147,678.
BE IT FURTHER RESOLVED that $259,890oe transferred from the Community Mental Health Unit
budgets to an account entitled "Appropriation Contingency" in the CMH, Administration Division and
that no expenditures will be allowed from this account without prior approval by the Board of
Commissioners
Mr. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Susan Kuhn the resolution be adopted.
AYES: McConnell, McCulloch, McPherson, Oaks, Olsen, Pappageorge, Pernick, Price, Resold,
Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Ferrons, Huntoon, Jensen, Johnson, R.
Kuhn S. Kuhn, Law, Luxon. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90046
By Finance Committee
IN RE: Treasurer's Office - AUTHORIZATION TO BORROW AGAINST DELINQUENT 1989 TAXES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS ad valorem real property taxes are imposed by the County and the local taxing
Commissioners Minutes Continued. March 8, 1990 60
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 rime 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 tees that -.Jould otherwise be payable to the local taxing units within the County; and
WHEREAS the statmtes 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
authorizating the County's Delinquent Tax Revolving Fund, 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 uaits -); 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 1989 to the
County and the local units (collectively, the "taxing units") that will have remained unpaid on
March 1, 1990 (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 1990 Cenexal Obligation Limited Tax Notes, in one
or more series, in accordance with Sections 87c, 87d, 87e, 371, 87g. and 89 of Act 206 and on the
terms and conditions set forth below.
NOW THEREFORE IT IS RESOLVED BY THE BOARD AS FOLLOWS:
GENERAL PROVISIONS
101, Establishment of 1990 Revolvin.g_Fund, In anticipation of the program addressed in
this Resolution and in accordance. with Act 206, the County hereby establishes a 1990 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 1990 General Obligation Limited Tax
Notes in one or more series (the "Notes"), in accordance with this Resolution and Sections 87c, 87d,
87e, 871, 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 sesured by the reserve fund, (B) 102 of the proceeds of SaCJI 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 the date of issue, the proceeds of the Notes shall be deposited in the County's 1990
Delinquent. Tax Project Account and thereafter used to fund the whole or a part of the County's 1990
Tax Payment Account, 1990 Note Reserve Account and/or 1990 Note Payment. Account, subject to and in
accordance with Article VII. If the Notes are issued and sold on or alter such time, the proceeds
of the Notes shall be deposited directly into the County's 1990 Tax Payment Account, 1990 Note
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Commissioners Minutes Continued. March 8, 1990
Reserve Account and/or 1990 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 1990 Tax Payment Account, 1990 Note Reserve Account and/or 1990 Note
Payment Account, as provided in Article VII.
FIXED MATURITY NO1E8
201, Authority. At the option of the. Treasurer, o.7,ercisable by written order, Notes may
be issued in accordance with this Article II. All refer-etas it: "Notes" in Article II refers only to
Notes issued pursuant to Article II, unless otherwise spec
202. pate. The Notes shall he 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 one year 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 latex 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 1986, 1987, 1988 and, if
available, 1989, 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, payment on each maturity date The Notes,
and the anticipated amount of pledged monies available on quch 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 anniverary of the date of issue. Notes issued
under this subsection (b) shall be subject to redemption on such terms consistent. with Section 209
85 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. (n) Except as otherwise provided in this paragraph,
Notes issued pursuant to subsection (a) of Section 203 shell 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 mouths 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. U -;Oess the Treasurer shall, by written
order specify the contrary, the Notes shall be issued in fully regissered form both as to principal
and interest, registrable upon the books of a note registrar (thm. "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
Commissioners Minutes Continued. Itch B, 1990 62
multiple of $5,000. The Notes shall be numbered from one upwards, regardless of maturity, in such
order as the Registrar shell ecteemlne.
207, Trunefer ce Fech.ea.ee of (a) Notes issued in registered form shall be•
transferable en a note rLMtTilf ma,zala.6.d. -with reopert to the Notes Up04 surrehder of the
transferred Note, togethet eith gseigreni executed by tbe registered owner or his or her del ,:
aniacrixed attorney-in-feet :L free _aeiery to ire Registrar. Npou reseipt 3Z peoperly
assigned Note the kegistrat rid I entheoeinate and deliver a new Note or 'Notes in equal aggreegate
principal amount. and like interest rate anti maturity to the designated transferee or transferees.
(b) Notes may likewise be exclienged for one or more other Notes with the same intnrest
rate and maturity in au..th,erird. denominations aggregating the same principal anoupt as the Note or
Notes being exchanged, nood surren.der of the Note or Notes pad the submission of written
instructions to the Registrar or in case at nearer Notes, to the Paying Agent, Upon receipt of a
Note with proper written. instructions the irrar or Paying Agent shall authenticate and deliver a
new Note or Notes to the owner thereof or tD suoer's attorney-ln-fact.
(c) Any service charge mede 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 leglIstrat. or Paying Agent. The Registrar or Paying Agent may,
however, require paymert by a teecn,Ider of a sum sufficient to cover any tax.. or other governmental
charge payable- in connection nt:11 auy still registration, transfer or exchange.
208, Book Entry l7criEi.1 ._.Trusb,,._ At the option of the Treasurer and notwithstanding any
contrary provision el z:ectern 112, the Notes may be deposited, in whole or in part, with a
depository trustee designated by the Treasurer oho 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 Netes. 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 arty depository trust agreement on
behalf of the County upon such teems and conditions as the Treasurer shall deem appropriate and not
otherwise prohibited by the terms t: 10th t: iesolution. The depository trustee nay be the same as the
Registrar otherwise named by the Treaserer, and the Notes nay be transferred in part by depository
trust and in part by transfer of physics'. certificates as the Treasurer may determine.
209, Redemplion. (a) Subject to the Authority granted the treasurer pursaart to
subsection (c) of this Section (in dee case of fixed-rate Notes) ead to the authority granted the
Treasurer pursuant to Section 404 (itt the case or vawiable-rate Notes), the Notes or any maturity or
maturities of the Notes shall he 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 afteT fae iritL of issue.
(c) if the Treaaurei stet' determine such action necessary to enhance the marketability of
the Notes or to reduce the interest rate: to be offered by perspective plircnasers 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 materity 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 are rats, as shall be determined by the Treasurer.
(e) With respect te redemptions, any portion of a Nate outstanding in a
denomination larger than the minienm eorborized denomination may be redeemed, provided such portion
as well as the amount not beine rethemed constitute authorized denominotioos= 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 ennoarieing 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
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Commissioners Minutes Continued, March 8, 1990
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 winuing bidder, and/or (c)
MI? numbers shall be assigned to the Notes. if a public sale is orp.ducrad or if otherwise
required by law or the purchaser of the Notes, the Treasurer shall pre:Date or cause to be prepared
and disseminated an offering memorandum or official statement containieg all material terms or
the otter and sale of the Notes. Pursuant to any sale of the Notes, the County shall make such
filings, shall solicit such information sad 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 suthorized 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(e). 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 28 may- be designated by the Treasurer.
213. Renewal, Refunding Or A,TVLQ,L"L Refundin1 Notes.. If at any time it appears to be in
the best interests of the County, the `Leasurer, by written order, may authorize the issuance. of
renewal, refunding or advance refundino Notes. The terms of such Notes, and the procedures
incidental to their issuance, shall be set subiect to Section 309 and, in appropriate cases, Article
X.
Iii-
SHORT TERM RFNEgABLE 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 he 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 he 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 ma, notwithstanding any contrary provision of Section 308.
305. Denomination and Numbers. The Notes shallbe iss ,iid in one or more denomination or
denominations, as determined by the Treasurer. The Notes shail 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. Reuewal_or Refundina_Not.es ., .(a) The Treasurer may by written order authorize the
issuance of renewal or refunding Notes (COTiectively, "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 11 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: •
the denominations of the Renewal Notes;
(iv) the interest payment dates of the Renewal Notes;
(v) the maturity or maturities of the Renewal Notes;
(vi) the terms of sale of the Renewal Notes;
.(vii) whether any Renewal Notes issued in accordance with Article II shall be subject to
redemption and, if so, the terms thereof; and
(vitt) 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
Commissioners Minutes Continued. March 8, 1990 64
Department of Treasury the issuance of any Renewal Notes,
IV
VARIABLE INTEREST RATS
401. Variable Rate .entione At the option of the Treasurere exercisable by written
order, the Notes, wtn.;-thee iesued pursuant t.o Article II or Article III, may he issued with a
variable interest rate, provided that the rate shall not exceed the maximum tat of illteEest
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 eith Section 801(d), and whether and on whet
terms a fixed rate of intatest may be converted to or from 8 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 subiect to the last. sentence of this Section 404, Notes bearing interest at a
variable rate nay 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 shell be subject to, remarketing by
a remarketing agent appointed in accordance with Section 801(c), under the terms of a put agreement
employed in accordance with Section 801(d).
(b) The County shall be authorized, consistent with Act 206 and pursuant to order of
the Treasurer, to participate in the repurchase and .resale of Notes, in order to reduce the cost
of, or increase the revenue, attendant to the establishment of the Revolving Fund and the issuance
and discharge of the Notes. Any purchase of Notes pursuant to this subsection. (b) shall be made
with unpledged monies drawn from revolving funds established by the County in connection with
retired general obligation limited tax. notes.
V
MULTIPLE SERIES
501. Issuance of Multirle Series. At the option of the Treasurer, exercisable by written
order, the Notes 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 101;
(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 Pan i Passu. If the Notes are issued in multiple series pursuant to
65
Commissioners Minutes Continued. March 8, 1990
this Article V, each series of Notes may, by written order of the Treasurer, be secured pan i 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 seb-accounts in the County's
1990 Note Reserve Account for each series of Notns, Into which shall be deposited the amount
borrowed for the Note Reserve Account for each such series.
(h) The Treasurer may by written order establish. separate sub-accounts in the County's
1990 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 sob-accounts are established pursuant to subsection (b)
above, and subject to Paragraph (if) below, the percentage of deposits to the County's 1990 Note
Payment Account allocated to each sub-account may be set equal to the percentage that Notes issued
in the corresponding series bears to all Notes issued under this Resolution or to any other
percentage designated by the Treasurer pursuant to written order; provided that if the various
series are issued at different times or if the various series are structured with different maturity
dates, (I) sums deposited in the Note Payment. Account prior to the issuance of one or more series
may upon the issuance of each such series be reallocated among the various sub-accounts established
under Subsection (b) above to achieve a balance among the sub-accounts proportionate to the
designated percentage allocation and/or (II) deposits tAD the Note Payment Account may he 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 shell 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, he 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 Jun. 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 pan i 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 1990 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 1990 Note Reserve Account
for each series of Notes, into which shall be deposited the amount determined by the Treasurer uhder
Section 103 or Section 703 with respect to the series. Each sub-account shall secure one and only
one series.
(e) A separate sub-account shall be established in the County's 1990 Note Payment Account
for each series of Notes. Each sub-acconnt 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.
Commissioners Minutes Continued, March 8, 1990 66
VI
TVOILI1Y TNMEST
60•. Feleral Ux ftcCe.iety -her tei rute-r- .itate C Fadorsl Law mandates
that the Notes be. structured as ;.,.eed..• CeosequeutIy, thQ Kotec snail, subject to
Article X, be issifd etitigat1eei 7n, iti-neet oc which is oot excluded from gross income for
purposes of 1....nee,1 deie- tax,
602, enaistent with tic treart all obligatioes issued
•pureeemt to Act , intere-- •i the Stets ot
Michigan income tse aah Lee Staie ei eiLlten single business tax, and the Notes shall not be
subject to the State. of Michigan intateibies tax.
Vil
FUNDi AND SECURthl
701. Delinquint Tax Projnet, L.e oneb. If the Notes are issued and sold. before the Treasurer
has received certit'eatUe itee, the taxing units of the ameunl of the Delinquent Taxes and if such
certification is not reliably nntecreeted in time to allow distribution of the proceeds ot the
Notes within 20 days after the date ef is .oes, a eolidquent Tax Project Account (the -Project
Account') shall he established by the. 'a:: or so a. scpdcpte and distinct fund or the County within,
its general fund. The Projeet Account shell reectee all proceeds from the sale of the Notes,
including any premium or acceued tetereet received at the time of sale. Tne Project Account shall
be held in trust by an escrow 1.::ant until the mettles thereto are disbursed in accordance with this
Article TIT. The escrow agent adall he a commeetinl bank, shall be located in Michigan, shall have
authority to exercise trust pcd.pen, end shall h:e.to a net worth in excess of 125,000,000. The form
at content of the agreement taseme, the County and the esercw agent shall be approved by the
Treasurer. Subject to the hollowid sentence, monies denesited in the l'roleet Account shalt he
expended only (l) for the purpose cf funding the fax Daveent Account. established under Section. 702
and (it) to the extent permitted. by Act 206, for the eurlee,e. or 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 nay surplus proceede remaining in the Project Account airier
the Treasurer has completed the tuedine of the Tax Payment Account may be tramsierred to either the
1990 Note Reserve Account created tneDe '3ection /03 or the 1990 Note Payment Account created under
Section 704. Monies in the Prolnet /,,crorot any 4,e. disbursed by the escrow agent to the Count.y's
1990 Tax Payment Account at ney time east from time to time, upon receipt of a written requisition
signed by toe Treasurer.
702. 1950 Tea 'sysenc A.edr.nmf. The County's 1990 Tax Payment Account (the -Tax Payment
Account-) is beteby cc:: .ei:edei 2'a distinct account within the. Reeolvihe Fund. The Treasurer
shall designate ail or a pectlon 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 T'reasurer is instead
authorized and directed to transfer monies included in the Project Account to the Tax Payment
Account in accordance with the procedures set forth in Section 70.1. The. County shall apply the
monies in the Tax Payment Account to the payment of the Deliequeet Taxes or expenses of the
borrowing in accordance with Act 206. The allocation of movies from the Tax: Payment Account: may be
made pursuant to a single, comprehensive disbursement et may instead be made from time to time,
within the time constraints of let 206, to particular taxing omits 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. 1990 Note Reserve Account. In the event funding is provided as described in this
Section 703, the "fteasarel: shall e5cOlish a 1990 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 1990 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
matte the payments. All income or interest earned by, or increments to, the Note Reserve Account due
to its investment or reinvestment shall be deposited in the Note Reserve Account. When the Note
Reserve Account is sufficient to retire the Notes and accrued interest thereon, the Treasurer may
order that the Note Reserve Account be used to purchase the Notes on the market, or, if the Notes
are not available, to retire the Notes when due. If so ordered by the Treasurer, all or any
specified portion of the Note RCS'Ve Account may be applied toward the redemption of any Notes
67
Commissioners Minutes Continued, March 8, 1990
designated for redemption in accordance with Section 209.
704. 1990 Note Payment Account. (a) The County's 1990 Note Payment Account is hereby
established as a distinct account within the Revolving Fund_ (The County's 1990 Note Payment
Account, as supplemented by monies held in any Interim account that are designated for transfer to
the 1990 Note Payment Account, is herein referred so 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 uncollectabllity 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 /03.
(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, 1990, 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 Ian 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. 1
(e) The Treasurer may by written order provide that in the event Notes are issued pursuant
to Article III, amounts that would otherwise be included in the Note Payment Account or the Note
Reserve. Account (or any sub-account therein for a particular series of Notes) shall not include any
amounts received by the County prior to the latest maturity date of any series of Notes previously
issued under Article il and/or Afticie III,
705, Limited Tax General Obligation and Pledge. (a) The Notes shall be the general
obligation of the County, backed by the County's fall faith and credit ; the County's tax obligation
(within applicable constitutional and statutory limits) and the County's general funds. The County
budgets shall p.novide 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;
(ill) All amounts deposited in any 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 held in respect of revolving funds established
before August 1, 1986, 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 of
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
Commissioners Minutes Continued, March 8, 1990
of the: 1,.-ive ceelsrtv pecuting the:
he ne.aies !:,aptten 705 for the
prinetips1 of, and premium, If any, and
issued pursuant to ttis Resolution,
es- shall be the general obligation of the
.clude the tax utligatieu af the ,:lo-aty,
advance refunding Notot shall. ba.
Notes being renewed,
..repayment of the Nota.s
interest on any renrwaL
and any such renewal,
County, backed ay 1
withiv applicable
707.
premium, if ally, a
investments of pledged on
amounts and with matorit
due, any further cel'oe
Revolving Fund, and
the Treasurer end suj
E c
liable
SOC
a?,s and el
any such am:bunts, may, pursuant to written order of
for any proper purpose within the Revolving Fund.
till
1, AGREEMENTS
ion for Payment- At
paid in full or provisi
Lions of the United States
?al, premium, if any, an0
cs monies in any funi
of,
by
ca in
s t uhen
aunt of the
Treasurer, on behalf of the County, is
7f,emercfs or commitmeaip may, in the
connection w.jth the issuance of
appropriate;
em at, note insurance, or similar
Notes;
emcnt, eredit note, or
:'mounts drawn wader the loiter of
at;
ROI. Subnlemetai The
authorized to eater into tni;. pt
Treasurers discretion. be
Notes, upon such terms and cord] Stuns as tht,
(a) A. letter of crsdit, line r ( t:essf, repnt
instrument, providing backup liquidity and/or credit. suppc ,t
(hi A reimbursement agreement, revoiving cresol
similar instrument, setting forth reTs)metts of and recut:I ,
credit, line of credit, r!pnisehaen mgrsemett or ,
(c) A merhette, camerketicg, placement ; autheatisaAti
or dealer agreement dsiguetiut s marketing, remarketinz,,
placement agent or deal n' and preearibng the duties of such person
Notes; and
g, paying or tender agent a:!,reement
authenticati.n.g, poying, atider or
or persons with respect to the
(d) A put ag
to repurehase the No t hp,fl
provi0.0n.
802, Revolyin :lted
(the. "Agreemantpup-
more revolving credit
of maturing Notes or NOte.3
Revolving Credit Notes shall
accordance. with the folleOup.
(a) Interest on
redemption, monthly, hi-monthly
(b) The Revolving Crae
final maturity date of Coi Not
The Treas.irin nay.
one Revolving Credit :40
the Agreement from time
amount for another in
he attached to such Mot a on
further provided that the
such Note shall constitc ?i,e is
allowing. the purchaser of the Notes to require the County
nd at sann times a8 may be provided in such put agreement or
Jsdr +27-P2-2 Into a revolving credit n!..:,=ent
aie..me sae. /.greemupt may call for tne issuance cC one or
°lying ..,';edit Notes ") for the. purpose of renewing all or part
Ive been put pursuant to a put agreement or provision. Such
laseed pursuant to Artlhie 11 or III, as appropriate, and in
.vin g Credit Notes may be payable au maturity, on prior
ol?, or as otherwise provided in the. Agreement,
mny nature on. cue et more date or dates not later than the
AJ:re8mede,
e originel issuance of Notes, execute and deliver
L amount ter exceeding tha loading commitment under
may substitute cue such Note In a. leaser principal
iii treat is reduced), provided that a schedule shall
irments of principal and interest are evidenced and
she evidencing ef such loan on the schedule of any
i Note for purposes of this Resolution.
l x
MISCELLANEOUS PROVISIONS
Expenees incurred in connection with the Notes shall he paid from the
ton fees collected on the Delinquent Taxes and if so ordered by the
logs on the proceeds of the offer' rag or from other monies available to the
901. Kx....E.,s
property tax adv.I.L
Treasurer, from sari
Counte.
902.
application to the is
to mae r.:•qs borrowia.p
alternstiveiy
902.
be deliveree
counsel may,
9+4..
to and E:;:,5.t !C
sco-o000irut e,reatcfl I.1 -taiatit to tni
funds, e.coouti. and sub-accounts,
funds and accounts.
u.r. The Treasurer is authorized to make
County for an order permitting the County
1,er deems it appropriate, the Treasurer is
'Iry for an exception to Nior approval.
anding Sr advance refunolg Notes) shall
end Associates which ,eisntion of bond
more years.
sil kepp full and complete records . of all deposits
a: accounts in the Revolving Fund and any account or
luilot and at all other transactions relating to such
investments of money in, and gain derived from, s uch
69
Commissioners Minutes Continued. March 8 5 1990
905- 01larvbacks 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 an 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 tined
maturity, be charged hack to the local units in such fashion as the Treasurer may determine, and
subject to Article V, the proceeds of such chargebacks shall he deposited into the County's 1990
Note Payment Account no later than five weeks prior to the final maturity of the Notes. This
Section 905 shall sot be construed to limit the authority of the Treasurer under State law to charge
back under other circumstances or at other times.
906. Investments- The Treasurer is authorized to invest all monies in the Pro .ject Account,
In the Revolving Fend 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 ineestmente 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,
907. 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 ad 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 Payiag Agent- in the case of a
lest, stolen or destroyed Note, a replacement Note shall not. he delivered unless and until the
Treasurer and the Registrar or Paying Agenc shall have received such proof of ownership and loss and
indemnity as they determine to be sufficient,
ARTICLEX
TAX-EXEMPT REFUNDING
1001. Refunding of Taxable Debt- The County acknowledges that the current state of Federal
lam precludes the isssuance 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") end/or the Treasury Regulations issued thereunder (the
'Regulations') will in the future hermit 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 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 RefutdittE. 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 fear 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 Refunding Notes are issued
pursuant to this Article X, the following covenants shell be observed by the Conoty:
(i) the County will make no use of the proceeds of the Refunding Notes and will undertake
no other intentional act with respect to the Refunding Notes which, if such use or act had been
reasonably expected on the date of issuance of the Refunding Notes or if such use or act were
intentionally made or undertaken after the date of issuance of the Refunding Notes, would cause the
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 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, unite, and
investing any required portion of the gross proceeds of the Notes, whether on behalf of the County'
Commissioners Minutes Continued, March 8, 1990 70
or the local ua:ta, in itay-exempt obligations or State and. Local Government Serlos rbligations; and
(iii) the County will make titio;y payment to the Untied ary Inestment oasniugs,
realised by the (onntty on the gross proceeds of the Nares, re may bs m:rject to teLte coder Scotian
14S(f) of the Code, and, to the extent required under ,pplicatale law or deemed C the Treasurer to
he In the best interest of the Coualy pursuant to written. order, the County's obligation to imalre
such payment, to the. United States shall also account for excess investment earnings reclir,ed by
local units on all or a. postIost of tho gross proceeds distributed to, and held by, the local units
persuant to Section 102.
(iv) The Treasurer shall Sc- directed to ta,R.e such actions and to enter into such
agreements and certifications, on behcif of the County, as the Treasurer shall deem neoessary or
appropriate to comply with the fssnain..„.„ covenan.f.s.
Mr. Chairperson, on behalf' of the Finance. Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
C. William Caddell, Chairperson
Moved by Caddell supported by Bishop the resolution be adopted.
AYES: McCulloch, McPherson, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt,
Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Ferrens, Huntoon, Jensen, Johnson, R. Kuhn, S.
Kuhn, Law, Luxon, McConnell. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90047
By Finance Committee
IN RE! Treasurer's Office - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT 1989 TAXES
To the Cak1;:.nd Contat.y 'to -o h of Commissioners
Mr. Chal -per,o ,, Ladies and Centlematir
litNbAS tho Administrative Fund Is necessary for the County Treasurer to administer the
Delinquent Tax Revolving liund.
NOW TUEREFORE IlE IT RESOLVED that the County Treasurer, pursuant to Section 87c,
Sub-section (2), of Art 206, ih iccij,nated 83 Agentlfor the County, and the County Treasurer and the
Treasurer's office shall rocetve sums as ate provided in Section 87c, Sub-section (3), for the
services as Agent for the County ar.d to cover administrative e:;.penses.
Mr. Chairperson, on hehalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Johnson the resolution be adopted.
AYES: McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt,
Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Ferrens, Huntoon, Jensen, Johnson, R. Kuhn, S.
Kuhn, Law, taxers, McCulloch. (24)
FATS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90048
By Finance Committee
! IN RE: Clerk/Register of Deeds - PURCHASE OF IMAGELINK MICROFILM EQUIPMENT
To the Oakland County Board of Ccmmissioners
Mr. Chairperson, Ladles and Gentlemen:
WHEREAS record storage space in Oakland County has become scarce; and
WHEREAS microfilming documents has alleviated some of the storage overload; and
WHEREAS new technology allows for computer-assisted retrieval of microfilm records; and
WHEREAS this technology also allows for future conversion of microfilm to optical disk
storage; and
WHEREAS the Clerk/Register of Deeds is requesting authorization to purchase a
mainframe-compatible lmagelink microfilmer as a step toward automated retrieval of records; and
WHEREAS funding is available in the Microfilm Fund's undesignated balance to acquire the
equipment at a cost of $22,0281 and
WHEREAS doe to salary ravings as a result of turnover, funding exists within the Microfilm
budget to absorb the oneraLing costs of the equipment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
funding for the Imagellnk microfilm out of the Microfilm Fund and authorizes the following amendment
o the 1990/1991 Biennial Budget.
4-65400-216-01-00-1001
4-65400-216-01-00-3304
4-65400-216-01-00-3342
4-65400-216-01-00-4894
71
Commissioners Minutes Continued. March 8, 1990
1990 1991
Salaries Appreciation $(6,581) $(1,219)
Depreciation 1,881 2,242
Equipment Repairs and
Maintenance 0 2,177
Microfilm Supplies 4 900 ._./ 68O0 ...t
$ 0 a c,
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Huntoon the Resolution be adopted.
of the foregoing
AYES: Moffitt, Oaks, Olsen, Pappageorgc, Pernick, Price, Rewold, Skarritt, Wolf, Aaron,
Bishop, Caddell, Chester, Fattens, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon,
McCulloch, McPherson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90049
By Planning and Building Committee
IN RE: Department of Public Works - Solid Waste - REVISED CONTRACT DOCUMENTS WITH THE WESTINGHOUSE
ELECTRIC CORPORATION FOR THE CONSTRUCTION OF A 2,000 TIT WASTE-TO-ENERGY FACILITY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners, on March 9, 1989, by Miscellaneous Resolution 1/89062,
approved a contract between the County of Oakland and the Westinghouse Electric Corporation for the
construction and operation of a 1,500 tpd waste-to-energy facility at the County Service Center
(Oakland Avenue Site); and
WHEREAS this plant was originally envisioned as the first of three such facilities within
the County; and
WHEREAS the County's Solid Waste Management Plan has since been revised to incorporate
aggressive volume reduction, goals which call for substantially less waste-to-energy capacity than
originallly envisioned; and
WHEREAS the proposed site for the waste-to-energy facility has been changed to the City of
Auburn Hills near the intersect,ion of Brown Road and Giddings Road where substantial benefits are
derived in terms of enhanced access and improved emissions control because of the lack of stack
height limitations; and
WHEREAS county staff and consultants have been negotiating with Westinghouse over the
terms and conditions of the construction and service agreements as they relate to an increased plant
Capacity of 2,000 tpd and the revised site location.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts
the revised bid of Westinghouse Energy Corporation in the amount of $170,185,000 for the
construction and operation of a 2,000 ton per day waste-to-energy facility and directs the
Chairperson to jointly execute such agreements along with the Oakland County Executive.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
Fiscal Note (Misc. 90049)
By Finance Committee
IN RE: Department of Public Works - Solid Waste - REVISED CONTRACT DOCUMENTS WITH THE WESTINGHOUSE
ELECTRIC CORPORATION FOR THE CONSTRUCTION OF A 2,000 TPD WASTE-TO-ENERGY FACILITY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution 1/90049 and finds:
1) The Board of Commissioners approved a contract between the County and Westinghouse
Electric Corporation on March 9, 1989 for construction and operation of a 1,500 ton per day (TPD)
facility at the Oakland County Service Center;
2) The construction price was $123,316,000;
3) The county negotiated changes to the contract including moving the location to a site
in Auburn Hills, increasing the facility size from 1,500 TPD to 2,000 TPD, enhancing architecture to
blend with the site useage, increasing the height of the stack, improving emissions controls, and
eliminate the equipment to process steam;
4) The revised price is $170,185,000 including the changes listed above;
Commissioners Minutes Continued. March 8, 1990 72
5) The price will not excalate until after June 30, 1990;
6) A condition precedent to authorization to begin construction is the sale of bonds to
finance construction;
7) The repayment of the bends and all operation, maintenance and administrative costs are
to be paid from system revenues including user charges in tie. form of tipping fees;
8) 4 separate resolution will be required to authorize the county to proceed with bending;
9) Opinions will be provided, before the March 8tn Board Meeting, by Corporation Counsel
and Bishop, Cook relating to statements in the contract regarding affirmative .actioa, equal
employment opportunity and retaining. Oakland County firms in the construction. project.
FINANCE COMMITTEE
C. William Caddell, Chairperson
Moved by Chester supported by Johnson the resolution be adopted.
Moved by Price supported by Moffitt the contract be amended on page 142, Section 18.04,
following sentence 2 (after ".....because of sex, race, religion, color, national origin or
handicap") add the following sentence:
"For example, the contractor will take affirmative action to ensure that applicants are
employed, and that employees ate treated during employment, without regard to their race, color,
religion, sex or national origin."
Also, pages 33, 34 and 142 (which were distributed to the Commissioners) be included in
the contract.
A sufficient majority having voted therefor, the amendment carried.
Moved by Price supported by Moffitt the language in the Contract will be approved by
Corporation Counsel before it is co-signed by the Chairperson of the Board of Commissioners and
County Executive.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop,
Caddell, Calandro, Chester, Ferrens, Huntoon, „leaser!, Johnson, R. Kuhn, Luxon, McCulloch, McPherson,
Moffitt. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Misc. 90050
By Planning and Building Committee
IN RE: Corporation Counsel - Real Estate Section: Parks and Recreation - PURCHASE OF PROPERTY
ADJACENT TO PARK ADMINISTRATION BUILDING, 2866 WATKINS LAKE ROAD, PONTIAC, MICHIGAN 48054, Tax
Sidwell NO.: 13-24-126-014 (0.86 ac)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission is desiroUs of purchasing a
residential home with 0.86 acres of land adjacent to Parks and Recreation Administration Offices on
Watkins Lake Road; and
WHEREAS said property is presently offered for sale through Century 21, O'Neil; and
WHEREAS the Oakland County Parks and Recreation Commission requested Corporation Counsel,
Real Estate Section, to negotiate the purchase of said property, commonly known as 2866 Watkins Lake
Road, Pontiac, Michigan 48054, Tax Sidwell No. 13-24-126-014; and
WHEREAS the Department of Corporation Counsel has negotiated the purchase of this
residence subject to an appraisal and approval of the Board of Commissioners; and
WHEREAS said property was appraised by Craig Fuller of Fuller Appraisal Service, and
reviewed by Paul Stoppert, M.A.I., of Stoppert Appraisal Services, at a range from $66,500 to
$68,600; and
WHEREAS the County of Oakland's offer of $66,500 has been accepted by the owners, subject
to approval of the Oakland County Board of Commissioners; and
WHEREAS the Oakland County Parks and Recreation Commission recommends the purchase of this
residence at 2866 Watkins Lake Road for future use and expansion; and
WHEREAS the monies have been allocated for the acquisition of this subject property
through the Parks and Recreation Commission, Contingency Account Fund; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
purchase of property located at 2866 Watkins Lake Road, Pontiac, Michigan, 48054, Tax Sidwell No.
13-24-126-014, for use by the Oakland County Parks and Recreation Commission in the sum of $66,500.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
73
Commissioners Minutes Continued. March 8, 1990
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 90051
By Planning and Building Committee
IN RE: Corporation Counsel - Real Estate Section - Oakland/Pontiac Airport - SANITARY SEWER
EASEMENT TO WATERFORD TOWNSHIP - Sidwell No, 13-17-351-009
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland owns property located at 6500 Highland Road, Waterford
Township, Michigan, Tax Sidwell No. 13-17-351-009, known as Oakland/Pontiac Airport; and
WHEREAS the Township of Waterford is requesting an easement on County-owned property at
the Oakland/Pontiac Airport for the operation and maintenance of a sanitary sewer on the leased
property called 0 Air Parts, Inc.; and
: WHEREAS the Airport. Committee and Airport Manager have reviewed and recommend the granting
of this easement request.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
granting of this easement to the Township of Waterford for the operation and maintenance of a
sanitary sewer at the Oakland/Pontiac Airport.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its
Chairperson to execute the necessary documents to effect the same.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
Moved by Chester supported by McCulloch the resolution be adopted.
AYES: Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell,
Calandro, Chester, Ferrens, Huntoon, Jensen, Johnson,, R. Kuhn, Luxon, McCulloch, McPherson,
Moffitt, Oaks. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90052
By Planning and Building Committee
IN RE: Corporation Counsel - Real Estate Section - QUIT CLAIM OF PERMANENT EASEMENT, CITY OF
FARMINGTON HILLS, KENDALLWOOD A4M OF FARMINGTON INTERCEPTOR
To the Oakland County Board of Cotmissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland obtained permanent easements across : tax parcels
23-15-101-032 & 033 located in the City of Farmington Hills, for the purpose of constructing and
maintaining a sewage disposal system in the City of Farmington Hills; and
WHEREAS Orchard Ridge Limited Partnership has purchased this property for development of
An office complex (Orchard Ridge Office Complex, Phase II); and
WHEREAS with the development of this area, the existing sanitary sewer location would not
be consistent with, or suitable for developing of an office complex; and
WHEREAS Orchard Ridge Limited Partnership has agreed to eelocate this sewer and dedicate a
new permanent easement at its expense in exchange for the quit claim of existing easements; an
WHEREAS James Porter, P,E., Chief Engineer, Water and Sewer, Department of !Public Works,
Oakland County, recommends the quit claim of this easement in exchange for a new permanent easement
and relocation of the eanitary sewer.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
quit claim of this easement in exchange for a new permanent easement and relodation of the sanitary
Sewer and further directs its Chairperson to execute the necessary documents to effect the same.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
Moved by Chester supported by Wolf the resolution be adopted.
AYES: Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Calandra
Chester, Ferrens, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McCulloch, McPherson, Moffitt, Oaks,
Olsen. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued, March 8, 1990 74
Report (Misc,89325)
By Planning and BuildlIct, Collmittee
IN RE: USE OF RECYCLED PRODUCTS BY COUNTY DEPARTMENTS
To the. Oakland County Board of Commissioners
Mr. Chairperson, fiadis and Gentlemen:
The Planning and Building Committee, having reviewed the above referenced resolution on
January 30, 1990, and again on Eebruaty 27, 1990, reports with the recommendation that the
resolution be adopted.
The Planning a s Building Committee further recommends approval et the Eolicy for Purchase
and Use af Recycled Froaccn, dated February 27, 1990.
Mr. Chaiters,a, on behalf of the Planning and Building committee, I recommend acceptance
or the foregoing report-
PLANNING AND BDIIDBG COMMITTEE
Larry P. Crake, Chairperson
Misc. 89325
By Michael D. McCulloch
IN RE; USE OF RECYCLED PRODUCTS BY COUNTY DEPARTMENTS
To the Oakland County Board ot Cpmmissioners
Mr. Chairperson, Ladies and Centiemen
WHEREAS Oakland County is actively engaged in the development and management of solid
waste disposal; and
WHEREAS in order to avert a crisis in solid waste, not only must the County develop a
solid waste disposal system, is must also educate and promote citizen awareness of how to protect
our environment and conserve our limited natural resources;
WHEREAS the County recognizes the value of recycling and has undertaken a program of
collecting items for re-use, but has 40 comprehensive program for the purchase and use of recycled
products; and
WHEREAS any viable recycling program requires active participation in both the collection
of refuse for recycling and the ado of recycled products.
NOW THEREFORE 13E TT RESOLVED that the Oakland County Board of Commissioners does hereby
institute a policy of purchasing and/or using recycled products whenever feasible and does direct
that the County Executive instruct the Director of Management and Budget to have the Purchasing
Department develop a policy for submission to, and approval of, the Board of Commissioners which
utilizes recycled products whenever feasible.
Mr. Chairperson, I move the adoption of the foregoing resolution,
Michael D. McCulloch, Commissioner District 11
Moved by Chester supported by Pappageorge the Planning and Building Committee Report be
accepted,
A sufficient majority having voted therefor, the report was accepted.
Moved by Chester supported by Oaks the resolution be adopted.
Moved by McCulloch supported by Pappageorge the resolution be amended by changing the NOW
THEREFORE BE IT RESOLVED paragraph to read: "NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of commissioners does hereby adopt and institute the attached policy of purchasing and/or
using recycled products."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester,
Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge.
(21.)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Report (Misc. 90019)
By Planning and Building Committee
IN RE: COURTHOUSE SECURITY SURVEY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Planning and Building Committee having reviewed the above referenced resolution on
February 27, 1990, reports with the recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of
the foregoing report.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
75
Commissioners Minutes Continued. March 8, 1990
Misc. 90019
Ey Cemmiser Joma U. Fertchs
IN RE: CtiREI-hu:*: f,,:•.i17Y SURVEY
To the )akistnd County fastd of Comm.Issioneta
Mr, Chairperson, Laeies and Gentlemem:
atiLv..SAS there has been pro? Ln lmnn OSCUiO cf the safety and secutity ramifications
within the Oul'and County Courthouse expa -n....ton program
'/J"iif:61:1.1 the Cour th008 e • plane m-st security zs which will
safeguard cc 1.-tect. the citizens, odlnin,,,,.ce ,hd elected ol'ScJal; and
presetf. building safety. coo Ins used to and temporary measures taken
to minimize security ri .Lks while the renovt-t: pro.:
NOV THEIREE Ut. T RESOLVED tha -; tha ngkiat BoaJA of Commissioners does hereby
request that the Deparment of Facilities i"ff;iaeoffe auf ,ey the security needs of the Courthouse
tower, located at 1200 N. Telegraph Road, Eontiac, ii chide;:: and report its findings to the Planning
and Building Commit,',iee; and
BE IT FURTdEE RESOLVED that the Division of Facilities Englneerisi: an effective
security system for said Courthouse.
Mr, Chairperson, I move adoption of the foregoing resolution.
James D. Ref.:rens, Comissioner Dist, 48
Lawrence Peroick, Heil E. McPherson,
A. Madeline. 1.1.1xo, Mebgrt Price, Jr.,
Lillian Jaffe Oaks, benni.: M. Aaron
Moved by Chester supported by luxon thc. P].,:o.,.ng and Building Committee report be
accepted. A sufficient majority having voted. therv,Lef, Mr report was accepted.
Moved by Chester supported by Luxon the resolution be adopted.
beved by Olsen supported by Luxon the BE IT FURTHER RESOLVED paragraph be deleted. (BE IT
FURTHER RESOLVED that the Division of Facilities Engineering develop an effective security system
for said Courthocse.'i
A sufficient majority having voted therefor, the Amendment carried.
Vote on resolution, as amended.:
AYES: Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro, Chester, Huntoon, Johnson,
R. Kuhn, Luxon, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick. (18)
NAYS: None- (0)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Report (Misc. 90018)
By Planning and Building Committee
IN RE: LAKE NAME (Vi,:NCE CHASE LAVE, ROSE TOWNSHIP
Ti the Oakland. CotnLy of Commissioners
Mr. Chairperson, i—diet and Gentlemen:
The. Pl,inlug and Building Committee having reviewed the above referenced resolution on
February 27, 1.990, reports with the recommendation the resolution he adopted.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of
the foregoing report.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
Misc. 90018
By Commissioner Richard G. Skarritt
IN R1-, LAKE. NAME CHANGE - CHASE LAKE, ROSE TOWNSHIP
To the. Oakland County Board of Commissioners
Mt. Chairperson, Ladies arid Gentlemen:
WHERW8 ameag the many beautiful lakes of Rose Township, Chase Lake, named for the Chase
family, has suffered an inadvertent name change to Cheese Lake; and
WH.E.REAS by Resolution. of Rose Township, the Township Board has requested that the Oakland
County Board of Commissioners take Ortlon to officially register the name- Chase Lake with the
Michigan Department of Natural Resources and to request that the U. S. Board of Geographic Names
officially restore the lake to Chase Lake
NOW THEREFORE BE IT RESOLVED that the name of Chase Lake be restored for the Lake located
in the Southwest part of Sec. 21 and Northwest part of Sec. 28, Rose Township, Oakland County,
Michigan, and that all future maps, reports and documents which may be published by the County of
Oakland, State of Michigan, and the United States Government shall designate that Chase Lake is the
officially adopted. noose.
BE IT FURTHER RESOLVED that the County Clerk forward a certified copy of this resolution
Commissioners Minutes Coottnued. March 8, 1990 it
together with a map showing the particular geographic feature affected to the Geolopfeal Survey
Division of the Department of Natural Resources, and to the U. S. Board of Ceographic
Mr. Chairperson, / move the Fie:option of the foregoitg resolution.
Ricin:ird G. Skarritt, Commissioner- Dist. #2
Moved by Chester supported by Skarritt the Planning and Building Committee Report be
accepted.
AYES: Rewold, Skarritt, Wolf, Fishcip. Chester. Euutcou. Jchosen, Job' cu K. Kohn, UNAW,
McCulloch,.Moffitt, Oaks, Olsen, Pappageorge, Pei:atek, Price. (t7)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted.
Moved by Chester supported hy Skarritt the resolution be adopted.
AYES: Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Huntoon, Jensen,
Johnson, R. Kuhn, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick,
Price, Rewold. (21)
NAYS: None. (0)
A sufficient. majority having voted therefor, the resolution was adopted.
Misc. 900')3
By Commissioner Mark. W. Chester
IN RE: APPROVAL OF CONTRACT With OAKLAND COUNTY BUILDING AUTHORITY FOR COMPUTER CENTER FACILITIES
AND NOTICE THEREFOR
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladles and Ceallemen:
WHEREA.• the Oakland Cornty I:ildiug Authority -Authority -) and the County of Oakland,
State of Michisn {the "Cesoi)"), exacattel a Vaith and Credit General Obligation
Contract of Liase (the "Cott - dhtae a : iti, and
WHEREAS the Adthorify wss toaD It t. oLe a Itto a construction contract to build the
facility descrilei ln the Contcoot until receut
WHEREAS es a result ot the delay it is treiissary that the Authority and the County amend
the Contract in order that the Authority may comply with the terms of the Contract including the
construction completion dates and the maturity schedule for the payments described therein; and
WHEREAS the proposed changes to the Contract will not. substantially effect the financial
obligations of the County*, and
WHEREAS as amendment to Limited Tax Full Faith and Credit General Obligation Contract of
Lease (the "Ameedmert') (attached hereto as Exhibit A) between the County and the Authority
providing for the amendments has been prepared. •
NOW THERPORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the attacbsi Amendment.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners and the County
Clerk are authorized to execute immediately and deliver to the Authority the Amendment approved by
this resolution.
BE IT FURTHER RESOLVED that all resolutions and parts of resolutions insofar as the same
conflict with the provisions of this resolution be and the same are hereby rescinded.
Mr. Chairperson, I move adoption of the foregoing resolution.
Mark W. Chester, Commissioner Dist. #10
Copy of Amendment to Limited Tax Full Faith and Credit General Obligation Contract of
Lease on file in County Clerk's Office.
Moved by Chester supported by Olsen the rules be suspended for immediate consideration of
the resolution.
AYES: Wolf, Bishop, Caddell, Chester, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon,
McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pnppageorge, Pernick, Price, Rewold,
Skarritt. (21)
NAYS: Aaron, Calandro. (2)
A sufficient majority having voted therefor, the motion to suspend the rules carried.
Moved by Chester supported by Pappageorge the resolution be adopted.
77
Commissioners Minutes Continued, March 8, 1990
AYES: Aaron, Bishop, Caddell, Chester, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon,
McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price Rewold,
Skarritt, Wolf. (22)
NAYS; Calandro. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Report (Misc. 90042)
By Personnel Committee
IN RE; Sheriff Department - CONTRACTED PATROL FOR OAKLAND COUNTY PARKS AND RECREATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution on February 28,
1990, reports with the recommendation that the resolution, he adopted.
Mr. Chairperson, On behalf of the Personnel Committee, move acceptance of the foregoing
report.
PERSONNEL COMMITTEE
John P. Calandra, Chairperson
Misc, 90042
By Public Services Committee
IN RE: Sheriff Department - CONTRACTED PATROL FOR OAKLAND COUNTY PARKS AND RECREATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the
Sheriff's Department to enter into contractual agreements for the purpose of Law Enforcement Patrol
Services; and
WHEREAS the Oakland County Board of Commissioners in its 1990-1991 Biennial Budget and
General Appropriation Act transferred twenty (20) Safety . Officer positions to the Sheriff's
Department; and
WHEREAS six (6) of these positions vere considered Park Patrol amid contracted for between
the Public Safety Division and Parks and Recreation; and
WHEREAS the Sheriff Department to conjunction with Parks and Recreation is proposing to
contract for services per the attached agreement for one (1) Deputy It, two (2) Deputy I's and
fifteen (15) Part-Time Non-Eligible Park Deputies.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson at the Board and the Oakland County Sheriff to enter into an agreement with the Oakland
County Parks and Recreation Division for the purpose of Law Enforcement Patrol Service at the rates
included per attached Schedule A,
BE IT FURTHER RESOLVED to create a new Part-Time Non-Eligible classification titled Park
Deputy with the following hourly rates:
BASE 1 YEAR 2 YEAR
7./1 .
BE IT FURTHER RESOLVED to take certain personnel actions in the Protective Service/
Contracted Patrol-Park unit (436-16) relative to the implementation of this contract:
1. To delete three (3) vacant Deputy I positions (#02714, #06534, and #06734)
2. To reclassify one (I) Deputy 1-S position to Deputy II-A (#01788)
3. To create fifteen (15) governmental Part-Time Non-Eligible Park Deputy positions
funded for 600 hours each.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Richard D. Kuhn, Jr., Chairperson
Copy of Schedule "A" on file in County Clerk's Office.
Fiscal Note (Misc. 90042)
By Finance Committee
IN RE: Sheriff's Department - CONTRACTED PATROL FOR OAKLAND COUNTY PARKS AND RECREATION
To the Oakland County Board of CoMmissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous
Resolution 490042 and finds:
1) The Sheriff's Department is proposing to enter into a contract with Oakland County
Parks and Recreation to provide law enforcement patrol services beginning March 1, 1990 and ending
December 31, 1991.
2) Funding for six (6) Deputy I-S positions and associated operating costs is included in
the Sheriff's Department 1990-1991 Budget for the Parks patrol function as detailed in Schedule A-1.
3) The Sheriff's Department is requesting a staffing adjustment for this function by
deleting three (3) Deputy I-S positions, reclassifying one (1) Deputy I-S position to Deputy II-A,
and creating fifteen (15 PINE Park Deputy positions (new classification) at 600 hours each.
Revennei
3-10100-436-01-00-2531 cOiL, for Salaries
1991.
$(67,045) •
Commissioners Minutes Confirmed. March 8, 1990 78
4) The estimated ailr
$234,783 in 1990 and 1245,
5)
Agreement for the
Ar:7,
i) Tr ,
9) Aporcm
necessitate the frilomm
Department 1990-1961 J2,ai t
provide 1 ,m,.581 services to Parks and Recreatlon is
-Jule A,
rc:utly approveA Law Enforcwent. Set vices
tne.
rsonnel L
approved t, as.cy.
S and tk... stafn acjustneni would
rdoclqg both ro.;,:ltue and expendituT:es in the Aeriff's
ExpendAt
4-10100-4:A —1--3.001 Saiaties
4-10100-A9,-1 A002 Ovec.; i me
4-10100-,,'::t-i 6 -1106 ll.31HSiy Ovrtime.
4-10100-
4-10100-•
4-10100-432 -, 4J,1
D -1-,11 tY SuPPi
4-101ø0-4:;9 Eato CommutrIcations
Leited Vmhicles
4-10100-•,.31-Y lnsuranc
Sub :5 c
$ 4,94 $ 5,114
(3,160)
(1i.790) (11,780)
(2-;,62B)
(228)
(52) (6 98)
2,607 2,729
(4,565) (4,677)
0 187) (23,403)
(5,512)
$(67 .3-045) $ -0- $ -0-
FINANU COMMITTEE
G. William Caddell, Chairperson
Moved by Richard Kuhn supported by McPherson the Personnel Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Richard Kuhn supported by iliintoonI the resolution be adopted.
AYES; Bishop, Caddell, Calandra Chester, Hnatoon, Jensen, Johnson, R. Kuhn, Law, Luxon,
McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Reuold, Skarritt, Wolf,
Aaron. (22)
NAYS: None. ()
A sufficient majority having voted therefor, the resolution was adopted.
Fiscal Report (Mise: 90040)
By Finance Committee
IN RE: Animal Control - ESTABLISH 1990 MUNICIPALITIES ANIMAL CARE CENTER RATES FOR BOARDING AND
DISPOSAL
To the Oakland County Board of Commissioners
Mr. Chairper&on, Ladies and Gentlemen;
The Finance Committee has reviewed Miscellaneous Resolution #90040 and finds:
1) The Public Services Committee has recommended the following 1990 Municipalities Animal
Care Center Rates as detailed in Miscellaneous Resolution 5(90040:
Board Fee - Daily $10.51
Disposal -Live Not Boarded
Disposal -Live Boarded
Disposal -P ac
$ 9.54
$ 2.34
$ 8.45
2) A cost analysis has determined that the recommended increase in rates would continue to
recover 100% of the cost for contracted Board and Care and Disposal consistent with County policy
relative to municipality disposal contracts.
3) The rate increases were anticipated in the 1990 Adopted Budget and, therefore, no
budget amendments are required.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
report.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Misc. 90040
By Public Services Committee
IN RE: Animal Control - ESTABLISH 1990 MUNICIPALITIES ANIMAL CARE CENTER RATES FOR BOARDING AND
DISPOSAL
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. March 8, 1990
WHEREAS the Oakland County. Animal Control Division administers the provisions of P.A. 339
of 1919 as imen'Acd (the Dog raw); aid
WlifFA::. the Animal Control Division renders services to local jurisdictions on Purchase of
Service Contracts; and
WERFAS the Oakland County Board of Commissioners by Miscellaneous Resolution #89012,
dated February 9, 1989, established a unit price of $10.06 per day to be charged for board and care;
and
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #89013 dated
February 9, 1989, established a unit price of $7.98 for disposal of small dead animals and a unit
price of $9.12 for live small animals and a unit price sf $2.16 for disposal of boarded animals; and
WHEREAS the Oakland County Animal. Control Division has experienced an oscillation in
animal care rates for boarding and disposal within the past three years, primarily due to the
erratic pattern in the total. processings each year; and
WHEREAS this fluctuation in rates has prompted a need to review the methodology for
calculating the rates for boarding and disposal; and.
WHEREAS the Animal Control Division and the Department of Management and Budget nave
devised a method using a four-year moving average of total processings, which would result in 8 more
accurate measure of total prncessings, ns well as recovering true cost as detailed in the attached
summary packet; and
WHEREAS the Cm!hluad County Animal Control Division and the. Department of Management dad
Budget, through a cohl a.7.1ysis, recommend that the rates should be increased to a unit price not to
exceed- $8.45 for disposal of small dead animals and a unit price not to exceed $9.54 for live small
animals be charged and a unit price not to exceed $2.34 for disposal of boarded animals be charged
and. a. unit price not to exceed $10.51 per day to be charged for board and care; and
WHEREAS the government of Oakland County would re,'..ovcr 1001 of its costs for disposal,
NOW THEREFORE BE IT RESOLVED that the Oakland Cnunt .) Board of Commissioners does hereby
establish a unit price not to exceed $8.45 for dispose), c) i. dead small animals be charged, and a
unit price not to exceed $9.54 for disposal of live small animals he charged, and a unit price not
to exceed $2.34 for iisp.:sal of boarded animals and a unit price not to exceed $10.51 per day for
beard and care he chare1 to municipalities purchasing service contracts with the Oakland County
Animal Control Division
BE IT FURTHER RESOLVED that the County Executive is authorized to execute Purchase of
Service contracts with local jurisdictions at the aforementioned rates.
Mr. Chairperson, on hehaIf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Richard D. Kuhn, Jr., Chairperson
Copy of attachments on,file in County Clerk's Office.
Moved by Richard Kuhn supported by Pappageorge the resolution be adopted.
AYES: Caddell, Calandra, Chester, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon,
McConnell, McCUlloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf,
Aaron, Bishop. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
The Chairperson vacated the Chair. Vice Chairperson Nancy McConnell took the Chair.
Report (Misc. 90043)
By Personnel Committee
IN RE: Board of Commissioners/Law Library - RECLASSIFICATION OF SECRETARY I POSITION AND CREATION
OF STUDENT POSITION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution on February 28,
1990, reports with the recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing
report.
PERSONNEL COMMITTEE
Misc- 90043 John P. Calandra Chairperson
By General Government Committee
IN RE: Board of Commissioners/Law Library - RECLASSIFICATION OF SECRETARY I POSITION AND CREATION
OF STUDENT POSITION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies- and Gentlemen;
WHEREAS the Secretary I position in the Law Library has recently become vacant; and
WHEREAS the current needs of the department involve duties at the Library Technician I
Student posi it B: created in the same
mate:1 in. the Law Library would warrant
iditional funding and would result in
Couwty Board (H downwardly
in the Law Libracv Unit of Che Board of
Commissioners Minutes Continued. March 8, 1990 80
level rather tw-.,n the SI,.cretary I level; and
te sredy is the volumo
the full utilln of a Et-udc:.c. in and
these L:OO inns On: L i rewlive
saing:5 in 5aloris for l'390
NOW BE T.T I ''.1ED that the Oakian
E posjtlon (wilc)
Commieiono;
BE IT EMaiiEK L'j0..VED that ono (1) goverTuneatad
unit.
Mr. Chatcperso
foregoing resoinfi_on
on hchal of the General Government Committee, I move the adoption of the
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Fiscal Note (Misc. 90043)
By Finance Committen
IN RE! Board of Gommissionersaaw Library - RECLASSIFICATION OF SECRETARY I POSITION AND CREATION
OF STUDENT POSITION
To the OakIand (.ount:y Board of Cemmissioners
Mr. Chairperson, Ladles and Gentlemen:
Pursuant to Rule Xi-C of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #9004:3 and
1) The resolution downwardly reclassifies a Secretary 7 to a Library Technician I and
creates a Student position to be funded with the savings from the reclassification.
2) These changes will return $1,401 to Contingency for the remainder of 1990 and $2,097
for 1991.
3) The 1990/1991 Biennial Budget should be amended as follows:
4-10100-513-02-00-100I
4-10100-513-02-00-1090
4-10100-513-02-00-2075
4-10100-513-02-00-2090
4-10100-909-01-00-9900
Salaries Appropriation
Sadary Adjustment
Fringo Benefits Appropriation
Fringe Benefit Adjustment
Contingency
1990
$ $ (552)
o (279)
(1,636)
0
1,401 2,097
$ -0- 7:2
FINANCE COMMITTEE
C. William Caddell, Chairperson
Moved by Richab Kuhn supported by Oaks the resolution be adopted.
AYES: Calandro, Chester, Muntoon, Jensen, Johnson, R. Kuhn, Law, Luxen, McConnell,
McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Skarritt, Wolf, Aaron,
Bishop, Caddell. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
The Chairperson returned to the Chair.
Report (Misc. 90021)
By General Government Committee
IN RE: OPEN HOUSING CENTER FOR OAKLAND COUNTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution, reports
with the recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of
the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Misc.90021
By Commissioners Lillian Jaffe Oaks and Mark W. Chester
IN RE: OPEN HOUSING CENTER FOR OAKLAND COUNTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS cultural, ethnic, celigious and racial pluralism is a positive and appropriate
model for neighborhoods and communities throughout the United States; and
WHEREAS efforts to promote and encourage greater appreciation for those communities which
reflect such pluralism warrant both public and private support; and
-Cl Commissioners Minutes Continued. March 8, 1990
WHEREAS Cities, Villagee and towns must continue to take affirmative steps to encourage
people from all races, religions and ethnic backgrounds to live. ia their cities and avail themselves
of the choice of where they wish to live and utilize. the services and amenities offered.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
concept of the Oakland County Center for Open Housing to build Community understanding and support
for fair and open housing and to achieve a stable and intergrated housing process in Oakland County,
and urges other communities within Oakland County to adopt resolutions of support for the Oakland
County Center for Open 'Housing.
Mr. Choir-person, t move the adoption ot the foregoing resolution.
Lillian Jaffe Oaks, Commissioner Dist, 21
Mark W. Chester, Commissioner Dist. 10
Moved by Skarritt supported by Pappageorge the resolution be referred back to the Public
ServiCea Committee for further study.
Discussion follewed.
Commissioners Oaks requested.enn Wettlaufer (Co-Director of the Open Reusing Center for
Oakland County) be allowed. to address the Board. Mrs. Wettlaufer addressed the Board.
Vote on referral:
AYES: Chester, Hirotoon, jensen, Johnson, R. Kuhn, McCulloch, Moffitt, Olsen, Pappageorge,
Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro: (15)
NAYS: Luxon, McConnell, McPherson, Oaks, Pernick, Price, Aaron. (7)
A sufficient majority having voted therefor, the motion to refer carried.
Misc. 90054
By General Government Committee
IN RE: SENATE BILL 440 SUPPORT AMENDMENT TO PROVIDE ECONOMIC INCENTIVES FOR
PHBL/C AND PRIVATELY-OWNED WASTE-TO-ENERGY FACILITIES
To the Oakland County hoard of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Senate Bill 440 and the House Substitute Bill provide state incentives for the use
of recycle4 material, the purchase of compost from a qualified compost facility and for the sale of
steam or electricity from a privately-owned, qualified resource recovery facility; and
WHEREAS the Oakland CFunty Hoard of Commissioners, by Miscellaneous Resolution #89275,
adopted October 26, 1989, supported Senate Bill 440 with certain recommended amendments; and
WHEREAS SB 440 as presently being considered by the state legislature would provide
considerable cash incentives for owners of private resource recovery facilities, but fails to
provide incentives for municipally-owned resource recovery facilities; and
WHEREAS landfill tipping fees are expected to be lower than tipping fees received at
resource . recovery facilities for an additional interim period, thus providing an economic
disincentive for local governments that wish to pursue waste reduction goals; and
WHEREAS Oakland County staff in cooperation with Detroit Edison, Consumers Power and the
City of Detroit have developed language to amend SB 440 which will equitably deal with incentives
for bOth public and privately-owned resource recovery facilities and will help offset the economics
of the landfill tipping fee differential.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
Substitute Bill developed by Oakland County, Detroit Edison, Consumers Power and the city of Detroit
(copy attached) which provides equitable incentives for both public and privately-owned resource
recovery facilities and encourages waste volume reduction by offsetting part of the economic
difference between landfill and resource recovery facility tipping fees.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the Michigan Association
of Counties, legislators from Oakland County and the County's Legislative Agent.
Mr, Chairperson, on behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Moved by Skarritt supported by Jensen the resolution be adopted.
AYES: Runtoon, Jensen, Johnson, Law, Luxon, McConnell, McChlloeh, McPherson, Moffitt,
Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron, Bishop, Caddell, Calandro,
Chester. (21)
NAYS: None. (0)
ABSTAIN Wolf. (1)
Mr. Wolf stated he abstained from voting because of a possible conflict of interest.
A sufficient majority having voted therefor, the resolution was adopted.
Misc, 9.
By Prs
IN RE
To the 0
Mr, Chairr
Comm I t tee
ainoei Dcpartt
d Ci.ami iv
t id
ADLSTRATION FOURTH QUARTERLY REPORT FOR 1989
wcmasofaaets
Commissioners Minutes Continued, March 8, 1990 82
Ly psy-flick snprocta4 by price the Board retepaller the action taken. on Resolution
#90053 (APPL OF CONTRACJ WITH °ARLAND COUNTY BUILDING
AND NOTICE THRERR.,
ThOETTY FOE COMPUTER CENTER FACILITIES
son, Oaks,
aon,
AYES: Lexen,
NAYS: Jar.s•
Rewold, Skarritt, Wolf,
:thick, Price, Aaron, Cal Ire. (7)
law, McConnell, McCulloch, Moffitt., Olsen, Pappageorge,
Lnesicr. Huntoor. (16)
A. sufficient majority having voted therefor, the motion to reconsider failed.
faia ,:a:ti.os. Study Crony Reports approved by the Board of
d frades 16 - 21 pre -Hdai for a review and appeal process for '
lc placement of classifications; and
sc.,..jaalfted to the Personnel Committee
Erade changes recommended by the Personnel
and
1989 also includes the Job Evaluation Review Panel
zsew appealed to the Job Evaluation Review Panel and
and
in the Classification and Rate Change fund to
from salary administration quarterly report
MF.L.EI,S 'Lc :-.asary
Commissisaa ,s faa
departments and emplovia.. cnaLleoge the aaJa
wuREA -'y Report
ideatiiyina the ai,d „and
Depar after In th ,...5 review
Vii00':_AS ;'austf flier I. 1
recommendations on.........ry gr ,&:
referred to the pane'l ta the
WHEREAS Elfrr. has st
implement sal.at chi:n
recommen&AAohs; and
WHEREAS the Personnel Committee has reviewed and approved this report;
NOW THEREFORE BE IT RESOLVED that changes in salary grade placement and
be implemented as shown:
reclassifications
Closet
Photo, Micro (iper. II
(pos. #02238 only)
Corrections Stall Asst.
Public" Comm. Officer-p&R
Secretary if
I:pos. 12837 in Coop. Ext.only)
General Maintenance Snpervisor
MaIntenanca Supervisor II
Office :,i4?eiva.sor II
(pos. #0il54 in M&O)
Maintenei'e.e. Supervisor I
Senior Personnel Technician
(pos. #01946)
Senior Personnel Technician
Employee. Records Specialist
(pos #3445 it. Personnel. only)
Chief-Children's Village Intake Team
Chief-Children's Village Program Team
!cry Grade Reclassify
To to New Ciaa
6 7, Photo. Micro. Equip Oper III
15 16
13 14
8 9 Supv. - Administrative Servo
13 14
11 12
10 12 Admin. Supv. - FM&O
9 10
15 16 Supv - Classifications & Salaries
15 17 Supv-Labor Relations Merit System Admin..
8 9 Central Employee Records Coordinator
17 18
17 13
Ti
BE IT FURTHER RESOLVED that the overtime category for the Chief -Youth Assistance Services
Classification be changed from exceptional overtime to no overtime.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
John P. Calandra, Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 90056
By Commissioner Ruel E. McPherson
IN RE: PROHIBIT INCINERATORS BEING WITHIN 30 MILES OF ONE ANOTHER
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS besides the many existing sources of air pollution such as motor vehicles and
manufacturing plants, incinerators are a relatively recent threat to air quality; and
WHEREAS just last month the Michigan Air Pollution Control Commission put the City of
Detroit on notice it must meet air pollution standards for its incinerator or the plant will be shut
83
Commissioners Minutes Continued. March 8, 1990
down; and
WHEREAS Detroit, despite months of testing, has failed to reduce the plant's mercury
emissions to levels required under Its initial agreements with the state; and
WHEREAS this is just the latest in a number of incidents in which Michigan incinerators
were cited for failing to meer air pollution standards; and
WHEREAS because of these ongoing problems, it seems appropriate that restrictions should be
imposed to control the number of incinerator facilities to protect people itom excessive air
pollution.
NOW THEREPORE BE IT RESOLVED that the Oakland County Board of . Commissioners supports the
introduction of legislation prohibiting construction of an incinerator facility within thirty miles
of an existing facility.
BE IT FURTHER RESOLVED that copies of this resclutioa be sent to all Oakiand County
Legislators and to the County's Legislative Agent.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Ruel. E. McPherson, Commissioner Dist. #9
James Ferrens, A. Madeline Lcxon
The Chairperson referred the resolution to the Planning and Building Committee and General
Government Committee- There were no objections.
In accordance with Rule XXII, the following referrals were made by the Chairperson:
GENERAL GOVERNMENT
a. Holly Township -(Support) Oakland County Road Commisienn 10-Year Plan
in Orion Township -(Support) Oakland County Road Commission 10-1'.car Plan
c. City of Oak Park -(Support) Oakland County Read Commission 10-Year Plan
d- City of Walled Lake --(Support.) OnElenti County Road Commission 10-Year Plan
e. Highland Township -(Support) Oakland County Road Commission 10-Year Plan
PUBLIC SERVICES
a. Community Development - Emergency. Shelter Grant
There were no objections to the referrals.
The Chairperson announced the following changes in future schedule Board meetings:
April 26, 1990 will be a night meeting and May 10, 1990 meeting is cancelled.
The next meeting of the Board will be March 22, 1990 at 9:30 A.M.
The Board adjourned at 12:05 P.M.
LYNN D. ALLEN ROY REWORD
Clerk -Chairperson