HomeMy WebLinkAboutMinutes - 1988.02.25 - 7207OAKLAND COUNTY
Board Of Commissioners
MEETING
February 25, 1908
Meeting called to order by Chairperson Roy Rewold- at .):32 A.M. in the Courthouse
Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Caddell, Calandro, Crake, Doyon, Osling, Hobart, Jensen, Richard Kuhn, Susan
Kuhn, Lanni, Law, Luxon, McConnell, McDonald, Angus McPherson, Ruel McPherson, ii -offitt, Oaks,
Pernick, Price, Rewold, .Rowland, Skarritt, Wilcox. (24)
ABSENT:• Aaron, Bishop, Page. (3)
• Quorum prese ..it.
Invocation given by Commissioner Marilynn Gosling.
•Pledge of Allegiance to the..Fia...
Moved by Moffitt Supported by Pernick the minutes Of the February 11, 1988 meeting be
approved as presented.
A sufficient majority having voted therefor, the minutes were approvea.
Moved by Crake supported by Pernick the rules be suspended, and the agenda be amended,-
for the following:
ITEMS. NOT CURRENTLY ON THE BOARD AGEND.: (Waive Rule XXVII, 5-day notification. Public Services
7.5717177Ji70.75-4767-irualv -27-TgA) •
PUBLIC SERVICES
a. Sheriff Department - Estaplisnment of Standard Law Enforcement Services. Agreements-
township Deputies - 4/2/03 - 12/31/09
b. Sheriff's Department. - Establishment of 1988/1989 Contract Overtime Rate for use
of Sheriff Deputies .
c. Sheriff's Department - 1988/1989 J01 Boarding Fees
6. Sheriff's Department - 1986/1989 Jail Boarding Fees at the Trusty. Camp
e. Sheriff's Department - One (1) Additional Deputy Position Law Enforcement Patrol
Services - Lyon Township -
. Res. #85014 - Establishment of Dispute-Resolution Clearinghouse and Settle-
ment Center
ITEMS ON PRINTED AGENDA:
AND HUMAN SEWICES
b. Res. #88022, Probate Court - Field Services, Acceptance of 1988 Skillman Grant
(Waive Rule . XI, Procedure , to aring Matters 'Before the Board - Resolution not
formally referred to _Personnel .Conmittee.)
AYES: R. Kuhn, S. Kuhn, Lanni, Luxon, McConnell, A. McPherson, R. McPherson, Moffitt,
Oaks, Pernick, Rewold, ROwland, Skarritt, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen.
(20)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspena the rules carried, and
the agenda, as amended, was approved.
Daniel T. Murphy, County Executive, presented the State of the County Message. iCopy on
file in County Clerk's Office)
49
50
Commissioners Minutes Continued. February 25, 1988
Clerk read a thank you note from Helen McPherson. (Received and Filed)
Misc. 88031
By Finance Committee
IN RE: Treasurer's Office - AUTHORIZATION TO BORROW AGAINST DELINQUENT 1987 TAXES
To the Oakland County Board pf Commissioners
Mr. Chairperson, Ladies and Gentlemen:
1988 BORROWING RESOLUTION
(1987 DELINQUENT TAXES)
WHEREAS ad valorem real property taxes are imposed by the County and the 'fecal taxing
units within the County on July 1 and/or December 1 of each year; and
WHEREAS a certain portion of these taxes remain unpaid and uncollected on March 1
of the year following assessment, at which time they are returned delinquent to the County's
Treasurer (the "Treasurer") who is to collect all delinquent taxes, interest and property tax
administration fees which would otherwise be payable to the local taxing units within the County;
and
WHEREAS the statutes of the State of Michigan authorize the County to establish a fund,
in whole or in part from borrowed proceeds, to pay local taxing units within the County their
respective shares of delinquent ad valorem real property taxes, in anticipation of the collection
Of those taxes by the Treasurer; and
WHEREAS the Board of Commissioners of the County (the "Beard") has adopted a resolution
establishing the County's Delinquent Tax Revolving Fund, pursuant to Section Bib of Act No. 206,
Michigan Public Acts of 1893, as amended ("Act 206"); and
WHEREAS Revolving Fund has been established to provide a source of monies from which the
TreasOeer may pay any or all delinquent ad valorem real property taxes which 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 Fend program pursuant to Act 206
("local units"); and
WHEREAS the Treasurer is authorized under Act 206, and has been directed by the Board, to
make such payments with respect to delinquent ad valorem reel property taxes (including the
property tax administration fees assessed under subsection (6) of Section 44 of Act 206) owed in
1987 to the county and the local units (collectively, the "taxing units") which will have remained
unpaid on March 1, 1908 (the "Delinquent Taxes"); and
WHEREAS the Beard of Commissioners has determined that in Order to raise sufficient
monies to adequately fund the Revolving Fend the County must issue its 1988 General Obligation
Limited Tax Notes, in one or more series, in accordance with Sections 87c, 87d, 87e, 87f, 87g and
89 of Act 206 and on the terms conditions set forth below; and
THEREFORE, IT IS RESOLVED BY THE BOARD AS FOLLOWS:
GENERAL PROVISIONS
101. Establishment of 1988 Revolving Fund. In anticipation of the prOgram addressed in
this Resolution and in accordance"With Act 206, the County hereby establishes a 1988 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 of Commissioners
pursuant to Section 87b of Act 206.
102. Issuance of Notes. The County shall issue its 1988 General Obligation Limited Tax
Notes in one or more series (the "Notes"), in accordance with this Resolution and Sections 87c,
87d, 87e, 87f, 87g and 89 of Act 206, payable in whole or in part from the Delinquent Taxes and/or
from the other sources specified below.
103. Aggregate Amount of Notes. (a) The Notes shall be issued in an aggregate amount
to be determined by the Treasurer in accordance with thi5 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 or estimated 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 not to
exceed the lesser of (A) the Amount reasonably required for the Notes secured by the reserve fund,
.(8) 10% of the amount of such Notes, (C) the maximum amount of annual debt service on such Notes,
or (D) 125% of average annual debt service on such Notes.
(d) The aggregate amount of the Notes shall be designated by the Treasurer by written
order after (i) the amount of the Delinquent Taxes, or the amount of Delinquent Taxes to be funded
by the issuance of the Naps, 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 0411 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.
Commissioners Minutes Continued. February 25, 1988 51
104. Proceeds. It the Notes are issued and sold before the Treasurer has received
certification from the taeing 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 1988
Delinquent Tax Project Account and thereafter used to fund the whole or a part of the County's 1988
Tax Payment Account, 1988 Note Reserve Account and/or 1988 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 1988 Tax Payment Account, 1988 Note
Reserve Account and/or 1988 Note Payment Account, as provided in Article VII.
II
FIXED MATURITY NOTES
201. At the option of the Treasurer, exercisable by written order, Notes may be issued
in accordance with this Article II. All reference to "Notes' in Article II refers only to Notes
issued pursuant to Article II, unless otherwise specified.
202. Date. The Notes shall be dated as of the date of issue or as of such earlier date
specified by written order of the Treasurer.
203. Maturity and Amounts. The first maturity 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
issuance. Later maturities of the Notes shall be on the first anniversary of the proceeding
maturity or on such earlier date as the Treasurer may specify by written orders. The Notes shall
be structured with the number of maturities determined by the Treasurer to be necessary or
appropriate, and the last maturity shall be scheduled for no later than the fourth anniversary of
the date of issue. The amount of each maturity shall be set by the Treasurer when the amount of
estimated 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
1984, 1985, 1986 and 1987, and the corollary schedule setting forth the anticipated rate of
collection of those Delinquent Taxes which are pledged to the repayment of the Notes. The amount
of each maturity and the scheduled maturity dates of the Notes shall be established to take into
account the dates on which the Treasurer reasonably anticipates the collection of such Delinquent
Taxes and shall allow for no more than a 10% variance between the debt service payable on each
maturity date and the anticipated amount of pledged monies available on such maturity date to make
payment of such debt service.
204. Interest and Date of Record. (a) Except as otherwise provided in this subsection
(a), Notes shall bear interest payble semi-annually, with the first interest payment to be payable
(i) on the first date, after issuance, corresponding to the day and month on which the maturity of
such Notes falls or (ii) if the Treasurer so orders, six months before such date. In the event (i)
any maturity of the Notes arises either less than six months before the succeeding maturity date or
less than six months after the proceeding maturity date and (ii) the Treasurer so orders in
writing, interest on the Notes shall be payable on such succeeding or proceeding maturity date. If
the Notes are sold with a variable rate feature as provided in Article IV below, the 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) The date of record shall be not fewer than 14 nor more than 31 days before the date
of payment, as designated by the Treasurer prior to the sale of the Notes.
205. Note Form. The form of Note shall be consistent with the prescriptions of this
Resolution and shall reflect all material terms of the Notes. Unless the Treasurer shall by
written order specify the contrary, the Notes shall be issued in fully registered form both as to
principal and interest, registrable upon the books of a note registrar (the "Registrar") to be
named by the Treasurer. If the Notes are issued in bearer form the Treasurer shall appoint a
paying agent (the "Paying Agent"). (The Registrar or Paying Agent so named may be any bank or
trust company or other entity, including the County, offering the necessary services pertaining to
the registration and transfer of negotiable securities.)
206. Denominations and Numbers. The Notes shall be issued in one or more denomination
or denominations of $5,000 eaCh or any integral multiple of $5,000 not in excess of any maturity,
as determined by the Treasurer, and shall be numbered from one upwards, regardless of maturity, in
such order as the Registrar shall determine.
207. Transfer or Exchange of Notes. (a) Notes issued in registered form shall be
transferable on a note register maintained with respect to the Notes upon surrender of the
transferred Note, together with an assignment executed by the registered owner or his or her duly
authorized attorney-in-fact in form satisfactory to the Registrar. Upon receipt of a properly
assigned Note the Registrar shall authenticate and deliver a new Note or Notes in equal aggregate
principal amount and like interest rate and maturity to the designated transferee or transferees.
(b) Notes may likewise be exchanged for one or more other Notes with the same interest
rate and maturity in authorized denominations aggregating the same principal amount as the Note or
Notes being exchanged, upon surrender of the Note or Notes and the submission of written
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Commissioners Minutes Continued. February 25, 1988
instructions to the Registrar or, in the case of bearer Notes, to the Paying Agent. Upon receipt
of a Note with proper written instructions the Registrar or Paying Agent shall authenticate and
deliver a new Rote or Notes to the owner thereof or to owner's attorney-in-fact.
(c) Any service charge made by the Registrar or Paying Agent for any such registration,
transfer or exchange shall be paid for by the County as an expense of borrowing, unless otherwise
agreed by the Treasurer and the Registrar or Paying Agent. The Registrar or Paying Agent may,
however, require payment by a noteholder of a sum sufficient to cover any tax or other governmental
charge payable in connection with any such registration, transfer or exchange.
208. Book Entry Depository Trust. At the option of the Treasurer and notwithstanding
any contrary provision of Section 212, the Notes may be deposited, in whole or in part, with a
depository trustee designated by the Treasurer who shall transfer ownership of interests in the
Notes by book entry and who shall issue depository trust receipts or acknowledgments to owners of
interests in the Notes. Such book entry depository trust arrangement, and the form of depository
trust receipts or acknowledgments, shall be as determined by the Treasurer after consultation with
the depository trustee. The Treasurer is authorized to enter into any depository trust agreement
on behalf of the County upon such terms and conditions as the Treasurer shall deem appropriate and
not otherwise prohibited by the terms of this Resolution. The depository trustee may be the same
as the Registrar otherwise named by the Treasurer, and the Notes may be transferred in part by
depository trust and in part by transfer of physical certificates as the Treasurer may determine,
209. Redemption, (a) Subject to the authority granted the Treasurer pursuant to
subsections (c) and d ithe Notes or any maturity or maturities of the Notes shall be subject to
redemption prior to maturity on the terms set forth in subsection (b) below.
(hi Notes scheduled to mature after the first anniversary of the date of issue shall be
subject to redemption on or after the first interest payment date after such anniversary.
(c) If the Treasurer shall determine that in order to enhance the marketability of the
Notes or to reduce the interest rate to be offered by perspective purchasers on any maturity of the
Notes, the Treasurer may, by written order prior to the issuance of such Notes, (i) designate some
or all of the Notes as non-callable, regardless of their maturity date, and/or (ii) delay the first
date on which the redemption of callable Notes would otherwise be authorized under subsection (b)
above.
(d) In the case of any Notes subject to Section 602 and notwithstanding any contrary
provision of subsections (b) or (c) above, the Treasurer is directed to structure the redemption
provisions of the Notes in a manner necessary to assure the availability under applicable law of
(1) a temporary period for the investment of Note proceeds or (ii) any available exemption from
arbitrage rebate rules with respect to any of the gross proceeds of the Notes.
(e) Notes of any maturity subject to redemption may be redeemed before their scheduled
maturity date, in whole or in part, on any permitted redemption date or dates, subject to the
written order of the Treasurer. Notes called for redemption shall be redeemed at par, plus accrued
interest to the redemption date, plus, if the Treasurer so orders, a premium of not more than 1%.
Redemption may be made by lot or pro rata, as shall be determined by the Treasurer,
(f) With respect to partial redemptions, any portion of a Note outstanding in a
denomination larger than the minimum authorized denomination may be redeemed, provided such portion
as well as the amount not being redeemed constitute authorized denominations. In the event less
than the entire principal amount of a Note is called for redemption, the Registrar or Paying Agent
shall, upon surrender of the Note by the owner thereof, authenticate and deliver to the owner a new
Note in the principal amount of the principal portion not redeemed.
(g) Notice of redemption shall be by first class mail 30 days prior to the date fixed
for redemption, which notice shall fix the date of record with respect to the redemption if
different than otherwise provided in this Resolution. Any defect in any notice shall not affect
the validity of the redemption proceedings. Notes so called for redemption shall not bear interest
after the date fixed for redemption, provided funds are on hand with a paying agent to redeem the
same.
210. Discount. At the option of the Treasurer, the Notes may be offered for sale at a
discount not to exceed 2%.
211. Public or Private Sale. The Treasurer may, at the Treasurer's option, conduct a
public sale of the Notes after which sale the Treasurer shall either award the Notes to the lowest
bidder or reject all bids. The conditions of sale shall be as specified in a published Notice of
Sale prepared by the Treasurer announcing the principal terms of the Notes and the offering.
Alternatively, the Treasurer may, at the Treasurer's option, negotiate a private sale of the Notes
as provided in Act 206. If required by law or if otherwise determined by the Treasurer to be in
the best interest of the County, (a) the Notes shall be rated by a national rating agency selected
by the Treasurer, (b) a good faith deposit shall be required of the winning bidder, and/or (c)
CUSIP numbers shall be assigned to the Notes. If a public sale is conducted or if otherwise
required by law or the purchaser of the Notes, the Treasurer shall prepare or cause to be prepared
and disseminated an offering memorandum or official statement containing all material terms of the
offer and sale of the Notes.
212. Execution and Delivery. The Treasurer is authorized and directed to execute the
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Commissioners Minutes Continued. February 25, 1988
Notes on hehalf of the Codntv by manual or facsimile signature, provided that if the facsimile
signature is used the Notes shall be authenticated by the Registrar or Tender Agent. The Notes
shall he sealed with the (louoty seal, or, if permitted hy law, imprinted with e. facsimile of such
seal. ihe Treasurer is authorized and directed to then deliver the Notes to the purchaser thereof
upon receipt of the purchase price, which delivery shall he made in the discretion of the Treasurer
at one time or in parts at various times, The Notes sh1i he delivered at the expense of the
County in such city or cities as may be designated by the Treasurer.
213. Renewal, Refunding or Advance Refunding Notes. If at any time it appears to be in
the bast interests of t'ce CLAity, thc—Feasurer, by wrater orcer, may authorize the issuance of
renewal, refu::d,-.g or ad-!ance rofuAing Notes. The tarifa of :AKA totes, and the proceeuxes
incidertal to their issuance shall he sot subject to Section 35 4i,
SINPT T3dM RENEAAULE NOIES
30l. hi the option of the Treasurer, exercisable by written order, may be issued
in accordance with this Article III. All references to "Notes" in Article III refer only to Notes
issued pursuant to Article III, unless otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of issuance or any
prior data selected by the Treasurer and snail mature on such dote or dates :;ct exceeding one year
from the date of their ssuauce as may be specified by written order of the Treasurer.
3U3. Ihterest and Date of Recore. The hates shall Ocur rltorest payabla, at maturity at
such rate or rates as may be determined by the Treasurer net exceadng the maximum rate of interest
permitted by law on the- Oata the Notes are issued. The date of record shall ce not fewer than two
nor more than 31 days before the Cate of payment, a; cesinated by the Measurer prior to the sale
of the Wotes.
3C4. dote Jorm. The form of Note shall be consistent with the prescriptions of this
Resolution and shall reflect all material terms of the Notes. The Notes shall, in the discretion
of the Treasurer and consistent with Section 205, either be payable to bearer or be I ssueo in
registerec form. If issued in registered form, the Notes may be constituted as book-entry
securities consistent with Section 208, notwithstanding any contrary provision of Section 308.
305. Denomination and Numbers. The Notes shall be issuce in- WIC or more denomination or
denominations, as determined by the Treasurer. The Notes shall be numbered from ono upwards, in
such order as the Treasurer determines.
306. .eUemption. The Notes shall not be subject to redemption prior to maturity.
307. SaTe of Notes. The authority and obligations of the Treasurer set forth in
Sections 210 and 21 .1 'respecting Fixed i.laturity ;R)tos shall apply also to Notes issued under Article
308, Exec,Aion and Delivery. The authority and obligations of the Treasurer set forth
in Section 22 respecting lixed haturity Notes shall also apply to Notes issued under Article III,
309. Reneal or Refunding Notes. (a) The Treasurer may by written order authorize the
issuance of renewal or refunding Notes (collectively, 'Renewal Notes"). Renewal Notes shall be
sold and the proceeds applied to the payment of the principal of the 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 issuec in accordance with this Article III, in which event the provisions of Article
XII shall govern the issuance of the Notes, or whether the Notes shall be issued in accordahce with
Article II, in which event the provisions of Article II shall govern the issuance of the Notes,
provided that, if Renewal Notes are to be issued in accordance with Article II, tfie order must
provide for and shall govern with respect to:
(i) the aggregate amount of the Notes;
(ii) the date of the Notes;
(iii) the denomination of she Notes;
(iv) interest payment dates, provided that interest shall be payable in accordance
with Section 204 or Section 303; and
whether some or all of the Notes shall be subject to redemption and, if so,
the terms thereof.
(c) Renewal Notes need not be approved by prior order of the Department of Treasury
unless so required by such Department as provided by la,.
IV
VARIA3LE INTEREST RATE.
401. Variable Rate Option. At the option of the ireasurer, exercisable by written
order, the Notes, whether issued pursuant. to Article II or Article ill, may be issued with a
variable interest rate, provided that the rate shall not exceed the maximum rate of interest
permitted by law.
402. Determination of ;:ate. The order of the Treasurer shall provide now often the
variable interest rate shall be subject to recalculation, the formula or procedure for determining
the variable interest rate, and 4hether and on what terms a fixed rate of interest may be converted
to or from a variable rate of interest. Sucn formula or procedure shall be as determined by the
Treasurer but shall be based upon any one or more of the following indices:
;4) ?uoliciy reported prices or yields of obligations of the United States of
America;
54
Commissioners Minutes Continued, February 25, 19H •
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;
(1v) 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 sp.ociai .ist provided such
rate shall be within a stated percentage range of one or more of the indices set forth above.
403. Repurchase. Notwithstanding any contrary provision of subse-rtions (b) and (c) of
Section 209, Motes bearing interest at a variable rate may be :objoct to cell by the County and/or
put by the holder at any time or times, as may be determined pursuant to written order of the
Treasurer,
V
MULTIPLE SERIFS
501. Issuance of Multiple 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
and which may be taxable or tax-exempt in accordance with Article VI, 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, arbitrage restrictions and rebate
requirements pertaining to any Notes, the impact that the integration or nonintegration of various
series into a sinyle issue would have on such restrictions and requirements, and the impact the
dates selected may have on the marketability, rating and/or qualificatfEo for credit support or
liquidity support tor, or insurance of, the Motes. The Notes of each se.!-„h series shall be issued
according to this Resolution in all respects (and the term ”Motes' shall ota doomed to include each
series of Notes throughout this Resolution), provided that
(a) The Notes of all series shall not exceed in aggregate amount the maximum aggregate
amount periyritted under Section 103;
(b) Each series shall be issued pursuant to Article 'II or Article III, and different
series may be issued pursuant to different Articles;
(cI Each series shall be issued pursuant to Section 502 or Section 503, and different
series may be issued pursuant to different Sections;
(d) A series may be Issued under Article II for one, two, or three of the annual
!maturities set forth in Article Ii with the balance of the annual maturities being issued under
Article II or under Article III in one or more other series, provided that the minimum annual
maturities set forth in Section 203 shall be reduced and applied, pro rata to all Notes so issued;
and
(e) The Notes of all series issued pursuant to Article II above shall not, in aggregate,
mature in amounts or on dates exceeding the maximum authorized maturities set forth in Section 203.
502. Series Secured Pari Passu, If the Notes are issued in multiple series pursuant to
this Anticio V. each -rTes of Notes may, by written, order of the Treasurer, be secured pari passu
with the o'.ior by the security described in and the amounts pledged by Article VII below, in
accordance wit o lhe following provisions.
(a) The Treasurer may by written order establish separate sub-accounts in the County's
1988 Note Reserve Account for each series of Notes, into which shall be deposited the amount
borrowed for the Note Reserve Account for each such series.
(b) The Treasurer may by written order establish separate sub-accounts in the County's
1988 Note Payment Account for each series of Notes, and all amounts deposited in the Note Payment
Account shall be allocated to the sub-accounts,
(c)(i) In the event separate sub-accounts are established pursuant to subsection (b)
above, and subject to Paragraph. (ii) below, tde percentage of deposits to the County's 1988 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 Mote Payment Account prior to the issuance of one or more
series ma';' 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-accoOnts proportionate
to the designated percentage allocation and/or (II) deposits to the Note Payment Account may be
allocated among the sub-accounts according • to the tOtal amount of debt service that will actually
be paid from the respective sub-accounts.
(ii) Alternatively, the Treasurer may, by written order, rank the sub-accounts established
under Subsection (b) above in order of priority, and specify that each such sob-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
Commissioners Minutes Continued. February 25, 1988 55
of- the subiefccaunts havis!, pritutty.
(d) In the absence of a order of the Treosurer to the cortrary, tne 7,mophts in
each snb-atceont establi(ted •.hrsdu.et. 1. thi c,ection fifl? shall sohon only the Notes is-suet:, in the
series lur ahich silon s..c-acount was ostablishee, k;_os h-id interest on s[ACY'; Notes we
in full, afttir whi• h the amosnts in sueh •.xji-acconnt- may, iaursaart to ;.ritten order the
Treasurer, be ;d'ied pro rata to the amounts in the anhor sob-aacouhts and therez.fter used as- part
of )iish oti.cc ab-Ptcounts to sncors nil (fates and intere ,,t o:! such notes fJr which such other
sub-aecoorSs were sreated, paid in full. Alternatively, accounts nold ini Tao or Tore
sub-accounts within either the Note Reserve Aceocat (Jr the kA.a Pa,,,Ts)hit ACCGJT.t may be comminsled,
,a,ad if ce•irhag•ea shall fie ::2"11:, hisri pa•• for the he el the holdeds of each series of Notes
perha.:ning th the r•leva•
SC3. Seiiias indape*dently Secured. If tbic Notes are issued. in multiple series pursuant
to this Article T, caETT-77;H: 61 may, by a;ri[Jteu order of die Tr-:?asurer he indh,,:encmily
sacurni io accordance cith this .,aihtte
(a) Each series of ,1 lairtain to or wire taxing units, Ds (Isigw:te(:, 's.F the
Treasurer )ur.51.,ert to writitcH ortJ'. nc two series hf Notes Anil pertain to the same taxiag
unit. school district, ifittsf...,•:a . ohi.,a1 district or ii on college district esx.tending
beyond Al:' touleo.rie!s of a city te it is located may, pursuant to written order or the
Tirds..3urer, be subdivided eio'o the !ocuridai/es of one or more cities an( each such subdivisiori shall
be deemed a t.axii-fj uhit for purposes of this Section 503,
sub-ececurts shall ba established an the Ccuhty's 198,8 Tax Rapport, Account.
Each suh-accevit receiye the proceeds ef one and only ca.: series of Notes, and amounts shall
be disbursed from lite h.rdscotht to orly those texi5g units des.lijnated as beinc, in that s•hius,
(c) In i() 0:' 5:'-: are issued fen dtepctit into the Project Account establis'ied Lander
Section 7)1, aoparato ',.i.,er-atrounes shall he ostablisned in. the Project Account, Each sub-account
shall recciye the prennes c no and only one series nt 'Notes, and atioupts shall be disbursed from
the sub-account c .sH, to accn.ori, thh—ccahsts and/er taJ.irio units desinatee as being ii the
series corresaetd.ih:,D to the stihonh aTit i-rem dishpros)s:nit is being made.
(d) A sopiarate sub-octcunt snail be esift:sned the County's 198C. Note Reserye
Account for a.ach sorics of Notos, into which shall be deposited the amount determined by the
-Treasurer wrder Section: 103 or Sect an 703 with respf„et- to thn caries, Each sub-Eccount shall -
securo on:: nod only one series.
(e) A )>eparete sub-accourt sh,p11 be established in the County's 10T-C Ante Payment
Account for each serins Cr!' k i tes, Each s.°-account shall be allocated only those amounts described
in Scotian 704 pertain to the taxing uteits included in the series correspondih? to the
sub-accourt- Charge.e,aCK; :ieceived from a taxing anit prsuant to Section 905 shall he deposited in
the sub-account corresoodird., to the sari es in which the taxing unit is included. Amounts held in
each ssb-coconut shall sa;..ure the dohn rabrosnntod by chly those Notes included in the series
corresponding to the sub-seccunt, and disbursellchts from each sub-account may Sc- applied toward the
payment of unly those Notes ihcluded in tbo sres correspondinp to the sub-account.
(f) Thn amounts in each sub-account established pursuant to this Section 503 shall
secure only. the Nctes issued in the series for which such sub-account was established, until such
Notes and interest on suan Notes are paid in furli, after which any amounts remaining in such
sub-account shall accrue to the County and shall no longer be pledged toward payment of the Motes.
VI
TAXABILITY OF INTEREST
601, Tax Exemption. Subject. to Section 603, the terms of the indebtedness evidenced by
the Nctes shalT---io-F-Thwis47--Ef a tax-exewpt borrowino, and the Notes shall be constituted as
obligations the .ititerc-st on which is c;-,eloded from gross inconle for purposes of both Foderal and
State of Michigan incolon tax ("Eompt Notes").
50'2, Nanarbitraga C y,nlait and Tax Law Compliance. (a) With regard to all Exempt Notes,
and in accord:inCF1-77,7FF-Treaury '-'iatMFF-T7TUTT7 1717°14 and 1.103-15, the County covenants
with the pur'claaser of the Exempt hates that,
(i) the County will make no use of the proceeds of the Exempt Notes and will undertake
no other intentional act with respect to the Exempt Notes which, if such use or act had been
reasonably expected on the date of issuance of the Exempt Notes or if such uso or act were
intentionally Tiede or undertaken after the date of issuance of the Exempt Notes, would cause the
rU„xempt Notes to be "arbitrage bonds," as defined in Section 148 of the Internal Revenue Code of
1986, as atinc.-cd (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) tine County will undertake all actions as shall be necessary to maintain the Exempt
Notes as obligations the interest on which qualifies for the tax exemption provided by Section
103(a) of the Code, including, without litaitation„ filing all required 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, certjfyinn cumulative cash flow deficits of the County
and the local units, and investing any required portion of the proceeds- of the Notes, whether on
behalf- of the Catinty or the local units, in 'tax-exempt obligations or State and Local Government
Series obligations; and
make timely to the United ey irveshma
use
n il's
n4 held
directed. to tar enter i
neen
7 such
ary or
issued anri lierc. the
Taxes
i.rr) of the
rject Account
,..:Unet fund of
f -cc -es s from the sale
Hmc of s?Ae. The Project
therein aee dishutsed •
a
bar:k Hi be 1,-,ated in
a Pet ',..oeth in. c;.,cess of
.nci the eacrbu tuleht shall
56
Commissioners Minutes Continued. February 25, 1988
(iii) the County will
earnings, reaiized by the County
under Section 148(f) of the.
Treasrer to be in bes
oblgation, to rfeke such
earns realized by icf
by, tht local units HJ•
(b) The
agreelf.;,nt.o ce)
appropriate 10 c(
Notes or
legality of
of Notes, (iii)
for one or more
savings the C.
series ri EI.ampt Notes
the achievuryant of a fr
effectuation of reDot--
which, in ths jsnfqp.ent
bordeti;orie to tke7'
(b)
series of Notes,
integration for
or Internal Re:
coterminous I
control ary nc,
be hindered by
604.
obligations fer
is declared pur7,
amount of tax-ex
County and EJ1
issued w01 net,
based on the 1.
foregoing starq:ard
under this Resioi
Treasurer shal
the event the Treas,..:-e
writing to the Boara •
on behalf- of the County pu
constitute the Exempt Nc71e-
Alternatively, if the Tee
determi -aaVon as to any of th-
ard such Notes shall no longer
of the
i) the
series
Code
al net
anticipated
itinal to
so (v1) she
ta .:.!: laws
unduly
-exempt
u,ations
jc:-s-t'oing the
os shall
shall not
ex-exempt
Lipated
isr.d by the
Notes are
on is
oz,der the
rowing
t s the
tub S.rrrSou 603. In
surer shall to certify in
Dr oporopriate for and
, and this Resolution- to
ink" Pragoo:-) (1.,) (V/ of Section 265,
the rnasowioleness of the County's
knfts taa re.,suner shall so ccrui ..,. in writing to the Board,
desiqhaLed ah cualified tax-exempt otless and until
finandal
(v) the
tk,Is
shin so
EYe
wit, uh
in Article
ire ,on ,
mhde,
•holl talc'
entc)riy
hual.ity
e!
nor gpali
nt of to..r
so of the L.4
the Board shall by further resolution real ire the designation mane hereby,
Vff
sErj
F
has rc..c -1 Yvl ti/ing •
and if such certiii,,ven i..r .n anticipand in
proceeds of the Notes within 20 eys a •ter LI4e date of issue, a
(the "Project Account') shall be estehlshed L , the fee,,surer as
the County within ifs general fund. Yhe Project Accc shall recc .
of the Notes, including any premium or accrued intc•tct necc:ve6 at
Account shall be held in trust by an escrow anent, the F
accordance with this Article VII. The escrow agent snu s: i be a corr,l,
Michigan, shall have authority to exercise trust Nif --,
$25,000,000, The foym and content ot the agN,
be a4reved by the Tessirer, Subject to
Acncart shall be GY,Ee_i only (i) for the iwra uF
under - Section 702 nod (ii) to the extent permitted by Act LW..„
expenses of the offering of the Notes. In the event the Iresure by
additional funding of the Project Account may he :ndert:Hn antI any:Jurri
the Project Account after the Treasurer has completed the funding of the i
transferred to either the 1988 Note. Reserve Account created under Sec -Jo
Payment Account created under Section 704. Monies in the Project Account f,A.y
escrow agent to the County's 1008 Tax Payment Account at any time and from
receipt of a written requisition form signed by the Treasurer,
oject
isied , the
sa r et ts,
roraaioing in
It oncbunt may be
the 1988 Note
t.Y2 disbursed by the
time to time, upon
Commissioners Minutes Continued. February 25, 198E 57
702. 1988 Tax '-'aymen
Account") is hei7 E77--eshztlf.q.e
shall designate all or a
of Delirquent Tsxes, for
Notes are initially depos
instead authorized and
Payment Account in accera
the monies in the Tax Pa .
borrowing in accordance wit
made pursuant to a stlgle, c
viithin the time constraints o
t aA:fi.ount. The Cornly's 1088 Tax Payment Account (the "Tax Payment
het acrehot within the 141",/iW Fund. The Treasurer
tee proceeiic of the Notes, not to exceed the estimated amount
in the Tan Pttant Account. if, however, the proceeds of the
the Project Aocount pursuant to Section 701, the Treasurer is
"a, transfer monies included in the Project Account to the Tax
h the procedures. net feirth in Section 701. The County shall apply
narnint to the pa:y meut of the Delinquent Taxes or expenses of the
The el[of.:-.tioe of monies from the Tsn Fa ..!ment Account may he
-daanaive diebureemkent or may instead be made from time to time
at 206, to p iietJar taxm.ig units as monies are paid into the Tax
Payment Accotnt, such that the scurse e tnhn. monies iwhe
proceeds of a ta:.i exempt eorrowing or fr -,in the proecds
the particular taxing unit rsooi the funds. Moro
series of Notes are issued, the TA:.. Paso of Account n.
tram the County's own funds, from the
a temotle hiphrowing) may be traced to
c:or, and. regamdless of whether multiple
be divided into separate sab-iccovnts in
order to the Treasurer '
shall receive funds otherwise co-
703 Mi./ Note Renie.
Section 703, the -TFT—TEiTT1
ate which taxing ,tnits shall receive borrowed funds and which
ee by the County.
In the ecent f:.:nding is provided as described in this
a 1988 Note hos..:eve. Account (the 'Note Reserve Account
as a distinct account within the 'evc...vihc rund. After Cepositin all of the monies to fund the
Tax Paymont Account pursuant t: Section 762, the Treasurer shall itavt transfer to the Note Reserve
Account, either from the Pro,ject Account or directly from the proceeds of Notes, any proceeds
remaining from the initial issuance of the Notes. In addition, the Treasurer nay transfer
unpledged monies from the Revolving Fund or from other County sources to the Note Reserve Account
in an amouht which, when addeu to any other amounts to be deposited in the Note Reserve Account,
does not exceed the amount permitted under clause (c)(ii) of Section 10::. Except as provided
belcw, all monies in the Note Reserve Account s'w -.111 be used solely for payment of principal of,
Premium, if nay, ruth interest on the Nntes to the extent. that monies required for such payment F,re
not available in the County's 1988 Note Payment Account. Monies in the Note Reserve Account shall
be withdrawn first far payment. of pi ircipal of premium, if any, and interest on the Notes before
County peneral funds are used to make the payments. All income or interest earned by, or increment
to, the ;dote .ileserve Account due to its iluestmeet or reinvestment shall bo deposited in the Note
Reserve Account, provided, however, that any amounts in the ,ote Reserve Account in excess of the
amount permitted under- clause. (:)(ii) of Section 103 shall be transferred - on receipt to the
County's 1888 Note Payment Account and used to pay the principal of, premium, if any, and interest
on the Notes next doe. Whon the %tie Reserve Account is sufficient to retire the Notes and accrued
interest thereon, the Treasurer my order that the Note Reserve Account be used to purchase the
Notes on the market, or if the Metes are not available, to retire the Notes when due. If so
ordered by the Treasure-, all or or: cocci fled portion of the Note Reserve Account may be applied
toward the redemption of any NoLan diighated for redemption in accordance with Section 209.
704. 19B8 Noto . .Pa.2._eiii.Lceoht. (a) The County's 1968 Note Payment Account is hereby
established as a the Revolving Fund. (The County's 1988 Note Payment
Account, as supplencted by 7-miles heA in am interim account that e;':: designated for transfer to
the 1988 Note Payment Account, is herein referred to as the "Note Payment AcCount".) The Treasurer
is directed to deposit into the Note Payment. Account, promptly on receipt, those amounts described
below in Paragraphs (i), (ii), (iv) and (v) which are not excluded pursuant to Subsection (c)
below. Furthermore, the Treasurer may, by written order, deposit into the Note Payment Accomnt all
or any portiou 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 which are received by the Treasurer from the taxing units within the
County because of the uocollectability of the Delinquent Taxes.
(v) Any amounts remaining in the Project Account after the transfers to the Tax Payment
Account and N-ste Reserve Account have been made as specified in Sections 702 and 703.
(b) Monies in the Note Payment Account shall he used by the County to pay principal of,
premium (if any) and interest or. 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 sure; 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 suns 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, 1988, and only those sums received by the County after the
cut-off data s'ne.11 be applied to the Note Payment Account.
(d) The Treasurer may by written order provide that at such time as sufficient funds
58
Commissioners Minutes Continued. February 25, 1988
shall have been deposited into the Not Pavment Account to pay all remairn
Notes thua piedo cn any additcal monies otherwise. payable to the
discbauged rd sqcn eionicosinst fei ocnocited into the Mote Pev,
pledrjc toi.!arrl
1 under the
hall be
orwi se
c.. Aoiric!-
• sub-accoic:t
by such sec
ate of at a,
r.05. ,••
Mooies are not cc.'teced in
i.oe on the k'es. tne Cow.t.!,
from its geiterc -. Inds sufficie
below an Hed.r.ed to the repayment of the Notes and,
reya./!1(ht of the Notes until the principal of,
in cul
at Account, until disbursed in accordance with
Mete Payment Account;
Note ReservE. Account. and
the invoment of monies held in the Mote Payment Account or
iLsued in various series pursuant to -Article V. this pledge
iv sccured series extend only to monies in accounts or
eries.
not suffic-ient to pay the principal and interest when
its generol funds or other available sources, Subject to
of the T:ieasurer, the .County may later reimburse itself
Chactd
0? ba .'s.,idino Notes. Renewal, refunding or
sr.:a security securino the
undoc, p:e6ge6 CO Section 705 for the
of tfie prineipa cii„ and premium, if any, and
funding Notes issued pTsuant to this Resolution,
irefoudir!g Notes shall be the general obligation of the
whier shall include the tax obligation of the County,
:,rc•v
V711
SjPPLEMENTAL AGREEMErIS
801. Sinap.leotal Agf:.n-snlents and Ihe Treasurer, on behalf of the County, is
authorized to eri::..c inie any or N'icwino; eeements or commitments as may, in the
Treasurer's discretion, be necessry, desirabl€ or beueficial in connection with the issuance of
Notes, upon such terms and conditions as the Treasurer may determine appropriate:
(a) A letter of credit, line of credit, repurchase agreement, note insurance, or similar
instrument, providing backup liquidity arid/or credit support for the Notes;
(b) A reimbursement agreement, revolving credit agreement, revolving credit note, or
similar instrument, setting forth repayments of and security for amounts drawn under the letter of
credit, line of credit, repurchase agreement or similar instrument;
(c) A marketing, remarketing, placement, paying or tender agent agreement or dealer
agreement designating a marketing, remarketing, paying, tender or placement agent or dealer and
prescribing the duties of such person or persons with respect to the sale of the Notes; and
(d) A put agreement or provision allowing the purchaser of the Notes to require the
County to repurchase the Notes upon demand at such times as may be provided in such put agreement
or provision.
802. .Revolving _Credit_potes,.. If the Treasurer enters into a revolving credit agreement
(the "Agreement") pursuant to secr 801 above, the Agreement may call for the issuance of one or
more revolving credit notes (the "Revolving Credit Notes") for the purpose of renewing all or part
obligati
(within
budget
paymiiants of the
budgeted amounts,
principal an,i
Cbi In adcit -on ; thL
subject t0 Section SC, shall be used so"
premium Of :::ny) and interest on the Notes
(i) All amounts held in the !iir.
Section 701;
(ii) All amounts held lo the
(iii) All amounts held in the
(iv) All amounts earned from
the Note Reserve Account.
(c) if the Notes
shall in the case of any
sub-accounts pertaining to she
(d) If the .:mounts
due, the County shall ,.ey '-h-
Section 602- and otrsua ,.i.t to
for such payE:ic:
7a6. )
advance reundkg -hoteS
Notes being renewea.,
repayert of the Notes
irteres en any ronc4al,
and an .)
County,
within appl
premium, if arii,
investments- of pleripefi aouni..
amounts and with s
pursuant
Account c
evil:Aaced
maturity
for Payment. After all principal of,
F7-17-701—jar provision therefor by
chrect. rcnoallee c--Hgatons of the United States of America in
fieilt LC, pay all :.uch principal, premium, if any, and interest
when doe, any further collectirn of Delinquent Taxes and all excess monies in any fund or account
of the Revolving Fund, and any interest or income on any such amounts, may, pursuant to written
order of the Treasurer and subject to Article V, be used for any proper purpose within the
Revolving Fund,
ceivad
• ArtiCF-
(a)
Se
issued
serve
._, „ p.cest
dl be tpi gnueral
ty's tax stlig:t.tion
7n.i. County
to mo,.t. the
:og any other
to pay such
Commissioners Minutes Continued. February 25, 1988 59
of maturing Notes or Notes that have been put pursuant to a put agreement or provision. Such
Revolving Credit Notes snail he issued pursuant to Article II or III, as appropriate, and in
accordance with the following provisions:
(a) Interest on the Revolving Credit Notes may be payable on maturity, on prior
redemption, monthly, quarterly, or as otherwise provided in the Agreement.
(b) The Revolving Credit Notes may mature on one or more date or dates not later than
the final maturity date of the Notes, as provided in the Agreement.
(c) The Treasurer may, at the time of the original issuance of Notes, execute and
aeliver one Revolving Credit Note in a maximum principal amount not exceeding the lending
commitment under the Agreement from time to time in force (and may substitute one such Note in a
lesser principal amount for another in the event the lending commitment is reduced), provided that
a schedule shall he attached to such Note on which leans and repayments of principal and interest
are evidenced and further provided that the making of a•loan and the evidencing of such loan on the
schedule of any such Note shall constitute the issuance of a renewal Note for purposes of tnis
Resolution.
IX
MISCELLANEOUS PROVISIONS
901. Expenses. Expenses incurred in connection with the Notes shall be paid from the
property tax aamini-STFaion tees collected on the Delinquent Taxes and, if so ornerea ny tne
Treasurer, from any earnings on the proceeds of the offerina on from other monies available to the
County.
902. Application to Department of Treasury. The Treasurer is authorized to make
application to the Department of Treasury on behalf of the County for an order permitting the
County to make this harrowing and issue the Notes. If the Treasurer deems it appropriate, the
Treasurer is alternatively authorized to apply to the Department of Treasury for an exception to
prior approval.
903. Bond Counsel. The Notes (and any renewal, refunding or advance refunding Notes)
shall be delivered with the unqualified opinion of bond counsel chosen by the Treasurer, which
selection may, at the option of the Treasurer, be for one or more years.
904. Complete Records. The Treasurer shall keep full and complete records of all
deposits to and withdrawals from each of the funds and accounts in the Revolving Fund and any
account or sub-account created pursuant to this Resolution and of all other transactions relating
to such funds, accounts and son-accounts, including investmenes of money in, and gain derived from,
such funds and accounts.
905. Chargebacks. If by the date which is three months prior to the final maturity date
of the Notes sufficient monies 4re not on deposit in the Note. Payment Account and the Note Reserve
Account to pay all principal of and interest or the Notes when due, Delinquent Taxes not then paid
or recovered at or prior to the latest tax sale transacted two or more months before the final
maturity of the Notes shall, if necessary to ensure full and timely payment on the date of final
maturity, be charged back to the local units in such fashion as the Treasurer may determine, and,
subject to Article V. the proceeds of such chargebacks shall be deposited into the County's 1988
Note Payment Account no later than five weeks prior to the final maturity of the Notes. This
Section 905 shall not 'oe 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 - Project
Account, in the Fund or in any account or sub-account therein which is established
pursuant to this Resolution it any one or more of the investments authorized as lawful investments
for counties under Act No. 20, Punlic 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.
967, Mutilated, Lost Stolen or Destroyed Notes. In the event any Note is mutilated,
lost, stolen or des troyeiTThe may, on behalf of the County, execute and deliver, or
order the Registrar or Paying Agent to authenticate and deliver, a new Note having a number not
then outstanding, of like date, maturity and denomination as that mutilated, lost, stolen or
destroyed. In tea case of a mutilated Note, a replacement Note shall not be delivered unless and
until such mutilated Note is surrendered to the Treasurer or the Registrar or Paying Agent. In the
case of a lost, stolen or destroyed Note, a replacement Note shall not be delivered unless and
until the Treasurer and the Registrar or Paying Agent shall have received such proof of ownership
and loss and indemnity as they deter-vine to be sufficient.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved 5y Caddell supported by Law the resolution be adopted.
AYES: S. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson,
Moffitt, Oaks, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox, Caddell, Calandro, Crake, Doyon,
Gosling, Hobart, Jensen, R. Kunn. (24)
NAYS: None. (0)
60
Commissioners Minutes Continued. February 25, 1988
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88032
By Finance Coikni'the
IN RE; Treas::rers Cffice - AUTHORIZATION FOR ADMINISTRATIVE FUND
To the Oakla.A 0ounty Board of Commissioners
Mr, Chairperson, Laues and Gentlemen:
BE IT RESOLVED that the County Treasurer, pursuant to Section 87C, Subsection 2, of Act
206, is designated as Agent for the County, and the County Treasurer and the Treasurer's office
shall receive such sums as are provided in Section 87C, Subsection. 3, for the services as Agent for
the County and to cover administrative expenses.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
yed by Caddell supported by Moffitt the resolution be adopted.
Lanni, Law, LLexon, McConnell,McDonald, A. McPherson, R. McPherson, Moffitt, Oaks,
Bernick, Prie, Revlole, Rowland, Skarritt, Wilcox, Caddell, Calandro, Crake, Dovon, Gosling,
Hobart, Jensn, R. Kuhn, S. Kuhn, (24)
None. (0)
A s!..,Fficient majority having voted therefor, the resolution was adopted.
Viso. E80::3
By Finance Committee
IN RE.: S.eiff Department - ASSIGNMENT OF FORFEITED VEHICLE - FLEET EXPANSION
To the Oakaqd County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #7398 of December 18, 1975 the Board of
Commissioners adopted a "County Policy on Assignment of County Vehicles"; and
WHEREAS the policy for adding vehicles requires an affirmative recommendation of the
County Executive and the approval of the Finance Committee; and
WHEREAS or, June 2, 1987 the 6th Judicial Circuit Court ordered. a 1986 Ford. Van
confiscated in a c:::'-t-related conviction be forfeited to the Oakland County Narcotics Enforcement
Team under the auspices of the County of Oakland pursuant to MCLA 333:7524; and
WHEREA; as. of January 29, 1988 there is a balance due and owing OR the Van of $5,063.50,
which must be p a id to put the vehicle in operation, the appraised value of the vehicle is $14,000;
and
WHEREA. .nere is no additional capital cost for this vehicle and no need for replacement,
however monhl: charges are estimated to be $1,600 in 1988 and $2,000 in 1989, the Finance
Committee reccm•eus that the vehicle be placed in service under Garage Operations assigned, to the
Sheriff's Deartmet,t at regular vehicle cost less depreciation; and
WH-fIREAS the Couhi,y Executive recommends this expansion of the County vehicle fleet.
NOv! 1HEREFORE BE IT RESOLVED that the Board of Commissioners authorize the expansion of
the County vehicle fleet by one (1) vehicle forfeited to the County through court order.
BE IT FURTHER RESOLVED that the 1988-1989 Biennial Budget be amended as detailed below to
provide funds to the Sheriff's budget to pay the amount owed on the Van and to cover monthly lease
charges:
1988 1989
4-10100-909-01-00-9900 Contingency $16774) $IT,000)
4-1000-436-20-00-6610 Leased Vehicle 1,600 2,000
4-10100-435701-00-8865 Op. Trans. Out 5,064 '-0-
T -0- $ -0- -------
BE IT FURTHER RESOLVED that this acceptance does not permanently expand the COunty fleet.
When the vehicle is no longer deemed operational, it will not be replaced.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoi.ig
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Richard Kuhn the resolution be adopted.
AYES: Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks,
Bernick, Price, Rewold, Rowland, Skarritt, Wilcox, Caddell, Calandro, Crake, Doyon„ Hobart, Jensen,
R. Kuhn, S. Kuhn, Lanni. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. February 26, 1988
Misc. 88034
By Finance Committee
IN RE: Parks and Recreation Division - REQUEST FOR SIX (6) ADDITIONAL VEHICLES
To the Oakland County Board of Commissioners
Mr. Chairperson, Laoies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #7393 of December 8, 1975, the Oakland
County Board of Commissioners adopteo a 'County Policy on Assignment of County Vehicle ; and
WHEREAS the policy for additional vehicles requires the affirmative recommendation of the
County Executive and the approval of the Finance Committee; and
WHEREAS the policy also states that the Finance Co4wittee shall recommend to the Board of
Commissioners an appropriation sufficient to cover the acquisition cost plus monthly charges for
the balance of the current year; and
WHEREAS the Oakland County Parks and Recreation Division has made a request to lease four
(4) additional vehicles from the Oakland County Garage: two (2) automobiles, one (1) 2 1/2 yd. dump
truck, one (1) 4 wheel drive pickup with snow plow and purchase two (2) small pickup trucks from
Parks and Recreation fund; and
WHEREAS in the past, the Finance Committee has waived the transferring of acquisition
cost by Parks and Recreation; and
WHEREAS the Finance Committee considers that Section O of the County Vehicle Policy
should not apply in this instance; and
WHEREAS Parks and Recreation has approprated operating cost in the 1986 Adopted Budoet•
and
WHEREAS no additional appropriation is therefore required; and
WHEREAS the County Executive has recommended the authorization for the acquisition of six
(6) vehicles and the expansion of the County fleet as detailed above.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an expansion of
the County Vehicle Fleet for the six (6) vehicles requested by Parks and Recreation.
BE IT FURTHER RESOLVED that an exception be made to Section G of the County Vehicle
Policy and that tne funds necessary for the acquisition of these vehicles be taken from the Garage
Fund, such funds recovered through monthly lease charges.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Crake the resolution be adopted.
AYES: Luxon, McConnell, A. McPherson, R. McPherson, Moffitt, Oaks, Pernick, Price,
Rewold, Rowland, Skarritt, Wilcox, Caddell, Calandro, Crake, Deyon, libSiinga - -Hobart-, -Jensen,
R. Kuhn, S. Kuhn, Lanni, Law. (23)
NAYS; None, (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88035
By Fnance Committee
IN RE: Health Division - 1987-88 HAZARDOUS WASTE REIMBURSEMENT AGREEMENT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS this contract is for reimbursement of County expenditures attributable to the
field activities, inspection, complaint responses, and administration of tne Hazardous Waste
Management Program in Oakland County, with funding made available by the Michigan Department of
Natural Resourcps; and
WHEREAS Miscellaneous Resolution #86186 requires the Finance Committee to review
acceptance of all reimburs.amant agreements that vary less than fifteen (15) percent from the
original reimbursement application; and
WHEREtt,S application was made to the State for the Hazardous Waste Reimbursement Agreement
in the amount. of $57,550 for the period October 1, 1987, throuoh September 30, 1988; and
WHEREAS the Finance Committee has reviewed seid Hazardous Waste Reimbursement Agreement
as approved by the Michigan Department of Natural Resources and finds the award in the amount of
5,65,98S, to be 51,661 or 2.5% less than the application for the same time period; and
WHEREAS these funds are incorporated in the 1988/89 Budget and General Appropriations Act
as Health Division revenue in the amount of $72,765; and
WHEREAS this Reimbursement Agreement has been reviewed and approved as to form by the
Office of Corporation Counsel; and
WHEREAS application or acceptance of the Reimbursement Agreement does not obligate the
County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Hazardous Waste Reimbursement Agreement in the amount of $65,989 and authorizes the appropriate
budget amendments be made as follows:
Enentitures
M7TIO.-01-00-9900 Contingency !?(1:77761
152-20-0O-2186 Hazardous Waste Revenue $(6,776) $(5,776)
7 n
1989
$1-T4E3
62
Commissioners Minutes Continued. February 25, 1988
--------
3E IT ::'1!:ER RESOLVED that the Chairperson of the Oakland CountyBoard of Commissioners
be and is :fby authorized to execute said contract and is hereby authord to approve minor
changes and cortract extensions, not to exceed a fifteen (15) percent van•-isnoc, which are
cosisent vfltn tan contract as approved.
Mr. Cha .:rperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution,
FINANCE COMMITTEE
G. William Caddell, Chairperson
(Copy of Contract on file in County Clerk's Office)
Moved by Caddell supported by Pernick the resolution he adopted.
AYES: McConnell, A. McPherson, R. McPherson, Moffitt, Oaks, Pernick, Price, Rewold,
Rowland, Skannitt, Wilcox, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn,
S. Kuhn, Lari, Law, Luxon. (23)
None, (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88036
By Finance Com:pit -see
IN RE: Health D'isiol - 1987/88 SOLID WASTE MANAGEMENT REIMBURSEMENT AGREEMENT - ACCEPTANCE
To the Calanc 9oard of Commissioners
Mr. Chairpers.on, Leees pnd Gentlemen:
N't.EPE thio eyitract is for reimbursement of County expenditures attributable to the
field activitiP.:,, irs.pcction, complaint responses and administration of the Solid Waste Management
Program in Oakland. Counoy, with funding made available by the Michigan Department of Natural
Resources; and
WHEREAS Miscellaneous Resolution #86186 requires the Finance Committee to review
acceptance of all reimbursement agreements that vary less than fifteen (15) percent from the
original reimbursi-s:.n:.: ap)licatior; and
appication was made to the State for the Solid Waste Mauagemedt Reimbursement
Agreement in "jr: $15,612 for the period October 1, 1987 through Ser,te:,..oer 30, 1958; and
HFREAE.
she Finance Committee has reviewed said Solid Waste Maracht Relursement
Agreement as weoved by the Michigan Department of Natural Resources and tHis the award in the
amount of tl.1.hiIi to be $2,069, or 13.3% less than the appiftation for the same time period; and
'v!HF!ES these funds are incorporated in the 180/89 Budget and General Appropriations Act
as Health Nvisicn revenue in the amount of $12,000; and
WIEEP.5 this contract has been reviewed and approved as to form by the Office of
Corporation Co.ms.el; and
WEREaS approval of the contract does not obligate the County to any future commitments.
NOW Tntr:::: 5;1 TT RESOLVED that the Oakland County Board of Commissio ,:ere authorizes
the 1987/88 ianagement Reimbursement Agreement in the amount of $13,543 2dd autnorizes
the appropriate amiments be made as follows:
ditures I988 -• 9-01-00-9900 Contingency
Rovenues
11::22170U7165820580-2611 Solid Waste Management $T,'A
Revenue
BE IT FURTHER RESOLVED. that the Chairperson of the Oakland County Coand. of Commissioners
be ad is hereby authorized to execute said contract and is hereby authorized to approve minor
chanes and contract extensions, not to exceed a fifteen (15) pel- variance, which are
oonsist-,nt with the contract as approved.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
(Copy of Contract on file in County Clerk's Office)
Moved by Caddell supported by Susan Kuhn the resolution be adopted.
Commissioners Minutes Continued. February 25, 1988 63
AYES: McDonald, A. McPherson, Moffitt, Oaks, Pernick, Price, Rewold, Rowland, Skarritt,
Wilcox, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon,
McConnell. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88037
By Personnel Committee
IN RE: Institutional and Human Services - Health Division - CREATION OF THREE GENERAL STAFF NURSE
POSITIONS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Health Division provides medical services for inmates held at the Oakland
County Jail; and
WHEREAS the Jail Clinic has experienced an 83% increase in the number of services
provided from 1985 through 1987, and a 94% increase in the number of inmates; and
WHEREAS in order to provide these services and remain within the guidelines of the
consent judgement, the present staff of six General Staff Nurses have routinely been assigned
overtime; and
WHEREAS funds have been set aside in the 1988 Budget anticipating new positions related
to the Jail addition opening in October, including new General Staff Nurse positions; and
WHEREAS the Health Division is requesting that three of the anticipated five new General
Staff Nurse positions be created immediately to enable the Health Division to remain within the
guidelines of the consent judgement; and
WHEREAS the Health Division is also requesting to upwardly reclassify the existing Sr.
General Staff Nurse position to the Nursing Supervisor classification to provide an on-site
supervisor for the General Staff Nurse in the Jail Health Program.
NOW THEREFORE BE IT RESOLVED that three full-time eligible General Staff Nurse positions
be created in the Jail Health Program unit of the Health Division.
BE IT FURTHER RESOLVED that the existing Sr. General Staff Nurse position (#03032) be
upwardly reclassified to the Nursing Supervisor classification.
BE IT FURTHER RESOLVED that the classification of Sr, General Staff Nurse be deleted from
the Oakland County Salary Schedule.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Misc. 88038
By Personnel Committee
IN RE: Personnel Department - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR 1987 - FEBRUARY
1988
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Study Group Reports approved by the Board of
Commissioners for Grades 1 - 15 and Grades 16 - 21 provided for a review and appeal process for
departments and employees wishing to challenge the salary grade placement of classifications; and
WHEREAS the Fourth Quarterly Report for 1987 was submitted to Personnel Committee
identifying the reviews requested and the salary grade changes recommended by the Personnel
Department after completion of this review process; and
WHEREAS the Fourth Quarterly Report for 1987 also includes the Job Evaluation Review
Panel recommendations on salary grade placement of classes appealed to the Job Evaluation Review
Panel; and
WHEREAS funds have been established in the Classification and Rate Changes fund to
implement salary grade changes resulting from salary administration quarterly reports
recommendations; and
WHEREAS the Personnel Committee has reviewed and approved this report;
NOW THEREFORE BE IT RESOLVED that changes in salary grade placement and reclassification
be implemented for the following classifications as shown and that new classifications and
retitling of classes as indicated be established:
Salary Grade
Classification From: To:
School Health Educator 7-7-- Same (Retitle to Public Health Educator.
III)
Chief-Developmentally Disabled Services
Director of Elections
Friend of the Court Referee
Friend of the Court Ref Supv
Public Health Sanitarian Supervisor
19 20
13 14
17 18
18 19
13 14
The
objections,
Mi s c.
Sheriff's.•
providing
M..;ideeT!Pt
000.
Township Fr
equals 562.
the period cc
the County Executive's Department of
t'le 21-month period. April 1, 1986, through
$46„523 be established per officer for
, through December 31,1988 (annual 1988 rate
Servic.es.
a9r
foregc,Trg
61
Commissioners Minutes Continued. February n, 1988
Mr. Chairperson, on behalf of the Personnel Committee, i move the adoption of the
foregoing resolution.
PERSONNEL. COMMITTEE
John P. Calandro, Chairperson
To C:.,e Or
Mr.Cha
Chairperson referred the resolution to the Finance Committee, There were no
:cs Lzim.sf rtea
- EST;.8LISe1FAT OF STANDARD. LAW ENFORCEMENT SERVICES AGREEMENTS
D7.CEMEIR 31, 1989
of nn L OSS
,h1d GentIuler:
is the policy of the 0a,(1 .A .i. 'I.ouf•ty Eoard of CORIliSJCT'S to permit the
NMA to enter into contracts. with Villages and Cities for the purpose of
patrol services; and
Mscellaneots Resolution. #9312 df .:ie.ded the County Executive's Department of
4.,i.get to establish new contract rote:: not later than March 1 of each ensuing. year
M;ZA, such rates have been estab:i;shed:
1.!:t and the Sheriff's Do.partiin:: fcq
, consistent with the aton ed
TORE BE IT RESOLVED that
res for the period Aprl
roth 01' 569,219 be estm1 1:shaf!: officer for Township Patrol Services for
through December 31, CC.St to be billed on a. monthly
hESCtVED that the Board app.vo•c. ....tt..icned contract for Law Enforcement
tfe Ch -gerson of the c'jrq.: C-idh .ty Executivo. 6 ,6 tie Sheriff to sign
to. the Law Enforcement Services.
Mr. Chairperson, on behali of the Public Services Committee, I move the adoption of the
resolution.
PUBLIC. SERVICES COMMITTEE
Richard D. Kuhn, Jr., Chairperson
The
objections.
Chairperson referred the resolution to the Finance Committee. There were no
Misc. 88040 -
By Public Services Committee
IN RE: Sheriff's Department - ESTABLISHMENT OF 1988/1969 CONTRACT OVERTIME RATE FOR USE OF SHERIFF
DEPU IES
lo dhc
Mr. :3:HAr .?e-:
the
and
for
cents; and
Department provides 8S
'oct, such overtAme cost i
stzblished by the Board of C.
'ates for 19F819 have
of Managemdr
hO4 1.:-EIRUCRL 2E IT PESULY
January 1, thr:dun Decexber 1913,
1989 tbrougt- bc staCished as .1
used for the p:Tpose of taffic and ,hcity assi9roe?
FUR'i'HP rEF3,C.fE!J teat. each contract
and the CduTluqty or Organization must be appnov
implementatich ;::; said- aociment. If ti e commuhity is under contractual agresizen for Sheriff Law
Enforcement Patrol Services, the review and ap proval of the County Ev:cutve's Department of
Management and Budget shall suffice prior to implemrtation.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Richard 0, Kuhn, Jr., Chairperson
County Board of Commissioners
Ladies and Gertleken:
it is the poUcy of the Oakland County Board of Commissioners to permit
Sheriff's to enter into contractual agreements with varloi,a cormunities
organizaticTs ':or the purposes of providing deputies for traffic and see:in:t assignments
various
Sheriff' fl.
orsarizati
on an overti me a,.rJlability of
ck to the requesting community or
tfe County Executive's Department
hour ly overti .d.,e roth c:::?9.73 for the fiscal year
::te of foir fiscal year January 1,
(')urly ovetirie rate charged for each deputy
for,
i'ac ed into fveqeev. tH Sheriff's Department
by the Board os i.xiswisforers prior to
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Commissioners Minutes Continued. February 25, 1988 65
Misc. 88041
By Public Services Committee
IN RE: Sheriff's Department - 1988/1989 JAIL BOARDING FEES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the current daily rate of $22.85 per day for all local units of government and
$50.21 per day for Federal aeencies who use the Oakland County Jail for prisoner confinement was
establshed in 1986; and
WHEREAS your Committee has reviewed the current rates and finds projected costs
substantiate a rate increase for Oakland County Jail boarding fees (consistent with the attached
schedule).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the 1988/1989 Oakland County Jail boarding fee increase from $50.21 per day to $55.60 per
day in 1988 and $62.14 per day in 1989 for Federal and State agencies who use the Oakland County
Jail for prisoner confinement..
BE IT FURTHER RESOLVED that the daily rates for local units of government be $24.00 per
day, effective April 1, 1988, through December 31, 1989.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 88042
By Public Services Committee
IN RE: Sheriff's Department - 1988/1929 JAIL BOARDING FEES_ AT THE TRUSTY CAMP
To the Oakland County Board. of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the current daily rate - of $29.15 per day for Federal prisoners housed at the
Sheriff's Department Trusty Camp has been reviewed by your Committee; and
WHEREAS projected cost at the Camp substantiates a rate increase for Oakland County
Boarding Fees at the Trusty Camp (consistent with the attached schedule).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the Sheriff's Department Trusty Camp Boarding Fee increase from $29.15 per day to $32.59
per day in 1988 and to $35.65 per day in 1989 for Federal prisoners housed at the Sheriff's'
Department Trusty Camp, such rates to become effective immediately.
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
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 88043
By Public Services Committee
IN RE:' Sheriff's Department - ONE (1) ADDITIONAL DEPUTY POSITION LAW ENFORCEMENT PATROL SERVICES -
LYON TOWNSHIP
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissionerp to permit the
Sheriff's Department to enter into contract agreements with townships for the purpose of Law
Enforcement Patrol Services; and
WHEREAS Lyon Township wishes to enter into such an agreement for one (1) additional
full-time deputy for the purpose of Law Enforcement Patrol Services for the period April 1, 1988
through December 31, 1989, and renewable annually thereafter at rates established by this Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
the Chairperson of the Board and the Oakland County Sheriff to enter into an agreement with Lyon
Township for one (1) additional deputy for the purpose of Law Enforcement Patrol Services at the
rate as established by this Board for the period April 1, 1988, through December 31, 1989, in
accordance with the attached agreement.
Mr. Chairperson, on behalf of the Public SerVicesCommittee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Richard Q. Kuhn, Jr., Chairperson
PUBLIC SERVICES COMMITTEE
Richard D. Kuhn, Jr., Chairperson
The Chairperson referred the resolution to the Finance Committee and the Personnel
Committee. There were no objections.
66
Commissioners Minutes Continued. February 25, 1988
N:s,o'lwdon Clearinghouse and Settlement Center (Miscoll
reviewed Miscellaneous Resolution tObtOf entitled,
'Establt of J'AsDui:e OlearinOosa and Settlemirt Centss% reporis wfth the
reoplin,hUon s,hat. f',7s pd .alopted wTth, the following amerou
iteij: as. a sii:ot sur to fmAlitate the initiati
reeigt. actuancia leffsfs
;':',-nd.sed Board of' 5g!A*rviers a prcKsea oea
f df completerd idm filed cur -ocgan
-',.s,ese items, that the matter be Prouglit
. CJAfgmittee for- review to rsuivate the
1..wi&er sny a.ddditioal sums will be appropriated.
the Pubic Services Committee, I move the acceptance of the
forege'inq
PUBLIC SERVICES COMMITTEE
Richard D. Kuhn, Jr., Chairperson
Misc. 88014
By Mari4nr Gos ling
IN NE ESTITLISMENT or CISPUTE RucLurioh CLEARINGHOUSE AND SETTLEMENT CENTER
To the Cakiaoi: of Comdssioners.
Mr, Chairperson.. and Eentlel
Tfl that. tL report of the Oakland County Bar Association's President's Task. Force
on Improvee I I f included a recommendation for the establishment of , Clrfnghouse
and Settlement Ca' ter to direct disputants to alternative methods to resoiv disputes,
VinElS a Cett,. Ceter would be capable of handling all levels of civil cases,
provided thrt sdequ'v trai[ed and appropriate referral services exist; and ,
Settlereni ,;ohter is expected to provide an alternative setting to which the
attorneys can recommend cases be directed for less costly, expedited
t!fe report of the Oakland County Bar Association President's Task Force on
the President': CpTmission to implement Improved Dispute. Resolution includes
which the Set'Lleirot Center will obtain its caseload; and
County Ban- As:,:ociatiori's Board of Directors has rocourded that the
had as a Sec. '.:01(c) f3) corporation, which shall I,v,omc a permanent
'.!„ the public; and
16,T lmoro;:mc :::Jou::0 Resolution Report further includes specifics as to the
;.-Ld the preimp .;,dicnon planning for the Settlement Center, as well as the
ts board of directdr:4 and
igi ,T1aOL legislation introca:ced in June of 1987, known as the "C(..mr:vinity Dispute
Resolution tot would help fund, in part, a Settlement Center such as tnat ca-visioned by the
Oakland CocJ.-LJ Bar Association's Task Force by raising court filing fees by $2,00 in circuit courts
and $1,00 in district coins, and
W:4REAS the 0 ,nd County Bar Association has agreed to provide the place for the
Settlement :.e ,..ter as well ap. office supplies, equipment, furniture, and other necessities and
to bec::ff implementation of this concept, funding in the amount of 150,000 is
TNJ:E:IGRE: BE IT RESOLVED that the Oakland County Board of Commissioners hereby
endorses t -T cerrept. of a Settlement Center and Clearinghouse for Oakland County.
IT FlIET ,OZ. RESOLVED that the Oakland County Board of Commissioners hereby appropriates
to Bar Association $60,000, said money to be used fcr tho purpose of hiring a
director
HL IT FURTHER RESOLVED that the Oakland Ccty Board of C
the SeUicttruer '..onCept and process made throughout 1988 and, in or
Cfeirparson, I move the adoption of the foregoing resoluti:Ji
Marilynn E. Gos)ing
County Commissioner, District #14
The Chairperson referred the resolution to the Finance Commit/cc. There were no
objections.
Report
By General Government Committee
IN RE APPOINTMENT TO AREA AGENCY ON AGING - REGION 1-8 - Dorothy M. Webb, Senior Citizen
Representativc and Johanna Cot cry, Alternate
To the Oakland' Co.unty Board of Cc -issioners
Mr. Chairperson, Ladies and Gentln:
The General Government Committee, having reviewed the vacancy on the Area Agency on Aging
Report
Ey ::;1.1b1c
IN
Re,.“)luto
To the Oakla
Mr. Chairne:
ore
and
rcce
public, co'd
resolutior
Dispute
specific su
WidH:
SettleRf,rt
institution
general striciA
establishmer
required to h required to h
f)rers shall reevaluate
at year end. '
Commissioners Minutes Continued. February 25, 1938 67
Region I-8 Board of Directors reports with the recommendation that Dorothy M. Webb be re-apPointed
as the Senior Citizen Representative for a two-year term ending December 3, 1989 and that Johanna
Cothery be appointed Senior Citizen Alternate for the same term.
Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of
the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Moved by Skarritt supported by Oaks the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Skarritt supported by Hobart that Dorothy M. Webb be reappointed as Senior
Citizen Representative on the Area Agency on Aging Board of flirectore, and Johanna Cothery be
appointed Senior Citizen Alternate, for a two-year term ending December 3, 1989.
Mr. Pernick .nominated Ron Norman of Berkley as the Senior Citizen Representative.
Moved by Skarritt supported by Pernick that nominations be closed.
A sufficient majority having voted therefor, the motion carried.
The vote for Senior Citizen Representative was as follows:
DOROTHY WEBB: Moffitt, Rewold, Skarritt, Wilcox, Caddell, Calandra Crake, Gosling,
Hobart, Jensen', R. Kuhn, S. Kuhn, Lanni, McConnell, McDonald .. -(15)
RON NORMAN: A. McPherson, Oaks, Pernick, Price, Rowland, Ooyon, Luxon. (7)
A sufficient majority having voted therefor, Dorothy M. Webb was elected Senior Citizen
Representative for a two-year term ending December 3, 1989.
Moved by Skarritt supported by McConnell a unanimous ballot be cast for Johanna Cothery
as Senior Citizen Alternate.
A sufficient mejority having voted therefor, the motion cerried and Joe,enne Cotiory oeS
unanimously elected Senior Citizen Alternate on the Area Agency on Aging-Region 3-8 Board of
Direetors for tereir endine Decee.lber 3, 1989.
Report
By General Government Comittee
IN RE: APPOINTMENT TO SANITARY CODE APPEAL BOARD - Ruel E. McPherson
To the Oakland County Boarc of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having accepted the resignation of James A. Doyon from
the Sanitary Code Appeal Board, reports with the recommendation that Ruel E. McPherson be appointed
to fill the unexpired term ending December 31, 1989.
Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of
the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Richard G. S'earritt, Chairderson
Moved by Skarritt supported by Crake the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Skarritt supported by Luxon that Ruel E. McPherson be appointed to fill the
unexpired term or the Sanitary Code Appeal Board for term ending December 31, 1989 and a unanimous
ballot be cast for Ruel McPherson.
A sufficient majority having voted therefor, the appointment of Ruel E. McPherson was
unanimously confirmed.
Report
By General Government Committee
IN RE: APPOINTMENT TO HURON CLINTON METROPOLITAN AUTHORITY - James Clarkson
To the Oaklano County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The General Goverment Committee reports with the recommendation that James Clarkson be
re-appointed to the Huron Clinton Metropolitan Authority for a six-year term ending May 15, 1994.
Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of
the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
68
Commissioners Minutes Continued. February 25, 1988
Moved by Skarritt supported by Crake the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Skarritt supported by Crake that James Clarkson be reappointed to the Huron
Clinton Metropolitan Authority.
Mr. Pennick nominated Gary Kohut. Supported by Oaks.
Inc vote was as follows:
JW• CLARKSON: Moffitt, Rewold, Skarritt, Wilcox, Caddell, Calandro, Crake, Gosling,
Hobart, JehaoH. R. Kuhn, S. Kuhn, Lanni, McConnell, McDonald. (15)
KGHEJT: Oaks, Pernick, Rowland, Doyon, Luxen, A. McPherson. (6)
A, McPherson, (1)
James Clarkson having received sufficient votes was declared elected to the Huron Clinton
Metropolitet. Al;t.00.-ity for a six-year term ending May 15, 1994.
Misc.
ey !cv.ernmert CsArittee
Court, 3rd Division - REQUEST API AUTHORIZATION FOR THIRD JUDGESHIP (H .B. 5337)
A Coenty Board of Commissioners
Ladies and Gentlemen:
vilE,EAS studies by the County of Oakland and the State Court Administrator's Office confirm
the need for an additional judgeship in the 52nd District Court, 3rd Division; and
WHEREAS sufficient funds for a new judge and related expenses have been included in the
1989 portion of the 1988(89 County 91-annual budget; and
WHEREAS Michigan statutes as amended, MCL 600,8175; MSA 27A-8715, require the local con-
trol unit to confirm the creation of such judgeship by resolution; and
WHEREAS the authorizing legislation must complete the state legislative process and be
enacted into law no later than 4:00 p.m., May 24, 1988 in order to allow candidates to file for the
prfioAry election.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests
and authortzes .t.ya. legislature to create a third judgeship for the 52nd Judicial District Court, 3rd
Division.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners agrees to provide and
maintain facilities, perscn-4a1 and operating costs to operate the court in accordance with the
statutes of the State of Michigan and the Michigan Court Rules.
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 Wilcox the resolution be adopted.
Dr. Caddell requested Jim Brennan oddness the Board. There were no objections, and Mr.
Brennan addressed the Board.
Vote on resolution
AYES; Moffitt, Oaks, Rewold, Rowland, Skarritt, Wilcox, Caddell, Calandro, Crake, Doyon,
Gosling, Hobart, Jensen, R. Kuhn, 5, Kuhn, Law, McConnell, McDonald. (18)
NAYS: Pernick, Lanni, Luxor, A. McPherson. (4)
PASS: Price. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88048
By Health and Human Services Committee
IN RE: Community Mental Health - EDUCATOR/HEALTH CONSULTANT-PROGRAM APPLICATION (COUNTY OPERATED.)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS State Department of Mental Health as well as Oakland Community Mental Health
Services policy requires that staff of contracted foster care homes receive initial training when
they are employed, and periodic in-service training thereafter, according to a specific curriculum
designed to provide the health education and other skills they need to care for the residents of
the homes; and
WHEFEAS for the foster homes and group homes funded by Oakland County [NH Services for
the DeveMptally Disabled, required staff training has been provided by the State-operated
Macembila7c! i;!.cgional Center; and
the Department of Mental Health has suggested that Oakland Community Mental
assume the respelsibility for continued training of staff of its homes for developmentally disabled
citizens and adults; and
WHEREAS the Oakland County Community Mental Health Services Board supports this change,
Commissioners Minutes Continued. February 25, 1928 69
because it would assure timely staff training tailored to the needs of the staff and wishes to
submit a program application requesting State funds in the amount of $104,313 full-year cost, which
would require County match of $10,431; and
WHEREAS the proposal includes three County positions, a Mental Health Clinician, a
General Staff Nurse and a Typist I;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
Educator/Health Consultant Program Application as recommended by the Community Mental Health
Services Board.
Mr. Chairperson, on behalf of the Health and Human Services Committee, I move the
adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
Susan Kuhn, Chairperson
Report to the Health and Human Services Committee
By Finance Committee
IN RE: Community Mental Health - Educator/Health Consultant - Program Application
In accordance with Miscellaneous Resolution #86186, revised Federal and State grant
application and reimbursement contract procedures, the Finance Committee has reviewed the program
application for training of staff in contracted foster care homes and finds:
1) The program is being applied for as a county-operated program, which historically has
been a state-operated program, to assure staff training in a timely manner for Oakland County
contracted foster care homes.
2) Total annual costs of the program are estimated to be $104,313, of which $93,882 is
to be provided by the State and $10,431 is to be provided by the County.
3) A schedule of anticipated revenues and expenditures is attached.
4) Upon acceptance of the program, additional County personnel would be required.
5) Application or acceptance of the funds does not obligate the County to any future
commitment.
6) A curriculum should be provided and the risk management issues regarding liability
should be addressed before grant acceptance.
Mr. Chairperson, on behalf of the Finance Committee, I move the acceptance of the
foregoing report.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Susan Kuhn supported by Crake the resolution, with positive Fiscal Note
attached, be adopted.
AYES: Oaks, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox, Caddell, Calandra, Crake,
Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McDonald, A. McPherson,
Moffitt. (22)
NAYS: Lanni. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Report
By Personnel Committee
IN RE: Probate Court/Field Services Division - Acceptance of the 1988 Skillman Foundation Grant
Funds
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed Miscellaneous Resolution #88022, notes that the
1988 Skillman grant deletes one (1) Child Welfare Worker II position which was previously grant
funded. This situation Was anticipated during the Personnel Committee's review of the 1988 budget,
and one (1) governmental funded Child Welfare Worker II position was therefore created to allow the
Probate Court's Intensive Counseling program to continue uninterrupted. No further adjustments are
necessary.
The Personnel Committee, having reviewed Miscellaneous Resolution #88022, Probate
Court/Field Services Division - Acceptance of the 1988 Skillman Foundation Grant Funds, reports
with the recommendation that the resolution be adopted as written.
Mr. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the
foregoing report.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
70
Commissioners Minutes Continued. February 25, 1988
Miss. 88C22
By Health and Human Services Committee
IN RE: Probate Court - ACCEPTANCE OF 1988 SKILLMAN FOUNDATION GRLHT FUNDS
To the Oakland County Board- of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS since 1967 The Skillman Foundation has provided grants to the Oakland County
Probate Court; and
UHEREAS The Skillman Foundation, on November 23,1987, agreed to a new grant to the Oakland
County Ccotate Court in the amount of $126,000 for the 1988 grant year, covering the period of
January 1, 1988 through December 31, 1988 consistent with the attached schedule, with a stipulation
that l.Ke. giant be expended solely in support of the programs, purposes, and budget detailed in the
Probate Court's proposal submitted July 31, 1987, in accordance with Miscellaneous Resolution
#86186; said report having been submitted to the Chairperson of the Board of Commissioners June,
1987; and
WHEREAS The Skillman Foundation has further approved that $17,470 may he carried forward
from the inexpended funds of the 1986/87 Skillman Fund for a total 1988 cost of $143,470; and
')fl-KEREAS the Probate Court deems it essential to accept these funds to continue the
above-na Droc-ams; and
IHERLAS the grant award has been accounted for in Probate Court's 1988 Budget; and
AEPEA.3 Corporation Counsel has reviewed and approved the grant to form.
1,11:;w THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
gratefully acknowledge and accept the grant in the amount of $126,000 from the Skillman Foundation
to the County of Oakland, through the Probate Court, Field Services Division and approves the carry
forward of $17,470 from the 1986/87 Skillman Fund to the 1988 Skillman Fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
be and is hereby authorized to execute said grant contract.
RE IT FURTHER RESOLVED that the Chairperson of this Board is hereby authorized to approve
minor changes and grant extensions, not to exceed a ten percent variance, which- are consistent with
the grant as approved.
BE IT FURTHER RESOLVED that •acceptance of the grant does not obligate the county to any
future commitment.
Mr. Chairperson, on behalf of the Health and Human Services Committee, I move the adoption
of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
Donald E. Bishop, Vice Chairperson
Fiscal Note
By Finance Committee
KE: Probate Court - Field Services. Division - Acceptance of the 1988 Skillman Foundation Grant
Funds (Miscellaneous Resolution #88022)
To t,e 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 #88022 and finds:
1) The full year amount of the grant award is $126,000 or approximately 35% less than the
application amount.
2) Acceptance of the grant requires the utilization of $17,470 from the 1986/87 Skillman
Fund balance of $33,166 carried forward to the 1988 Skillman Fund.
3) The grant award covers the period from January 1, 1988 through December 31, 1988.
4) The comparison between the full year award and application is detailed in the attached
Schedule I.
6) Acceptance of the funds does not obligate the County to any future commitment.
6) The budget amendments required for 1988/89 are as follows:
Revenues
86347-12-00-2840 Skillman Trust $(129,800)
Balance -rorward 17,470 •
T(112,330)
Expenditures
1-70580-347-12-00-1001 Salaries $ (65,092)
4-70580-347-12-00-2075 Fringes (19,179)
4-70580-347-12-00-3700 Volunteer Program (28,059)
$(112,330)
$ -0-
FINANCE COMMITTEE
6. William Caddell, Chairperson
Report to the Chairperson, Oakland County Board of Commissioners
By Department of Management and Budget
IN RE: Probate Court - 1988 Skillman Foundation Grant Application
The Department of Management and Budget has reviewed the proposed grant and finds:
1) This is the twenty-first (21st) application for this program,
Commissioners Minutes Continued. Febraury 25, 1588 71
2) The grant covers the period of January 1, 1988 through December 21, 1988,
3) Fundirq is !-.193,6a3 and is 100% Skillman Foundation funded,
4) The grant application requests $126,907 for salaries $43,401 for fringe benefits and
$23,335 for operating programs, consistent with the attached schedule,
5) The decrease shown in the attached schedule results from moving from the current 16
months grant period to a 12 month 1988 grant period.
6) Application or acceptance of the grant does not obligate the County to any future
commitment.
In accordance with Miscellaneous Resolution #86186, Revised Federal and State Grant
Application and Reimbursement Contract procedures this report is being submitted to the Chairperson
of the Board of Commissioners.
Moved by Susan Kuhn supported by Jensen the Personnel Committee Report be accepted,
A sufficient majority having voted therefor, the report was accepted.
Moved by Susan Kuhn supported by Jensen the resolution, with Fiscal Note attached, be
adopted.
AYES: Price, Rewold, Rowland, Skarritt, Wilcox, Caddell, Calandra, Crake, Doyon, Gosling,
Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson,
Moffitt, Oaks. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, with Fiscal Note attached,
was adopted.
Misc. 88046
By Commissioner Lawrence Pernick
IN RE: 52nd District Court - 3rd Division - COMMITMENT TO ELIMINATE THE MAGISTRATE POSITION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS it is the intention of the Board of Commissioners to delete the magistrate
position in the 52nd District Court 3rd Division upon the creation of a third judgeship; and
WHEREAS the Board of Commissioners by miscellaneous resolution has supported HB 5337 which
creates a new judgeship in the 52nd District Court; and
WHEREAS the magistrate position has been deleted from the 1989 portion of the 1988/89
bi-annual budget.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners confirms that the magistrate
position will be eliminated on the effective date of the new judgeship,
Mr. Chairperson, I move adoption of the foregoing resolution.
Lawrence R. Pernick, Commissioner Dist. #20
Moved by Pernick supported by Rowland the rules be suspended for immediate consideration
of the resolution.
AYES: Rewold, Rowland, Skarritt, Wilcox, Caddell, Calandra, Crake, Doyon, Gosling,
Hobart, Jensen, R, Kuhn, S. Kuhn, Lanni, Law, Luxon, McConnell, A. McPherson, R. McPherson, Moffitt,
Oaks, Pernick, Price. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the rules carried.
Moved by Pernick supported by Doyon the resolution be adopted.
AYES: Rowland, Skarritt, Wilcox, Calandro, Crake, Doyen, Gosling, Hobart, Jensen, R. Kuhn
S. Kuhn, Lanni, Law, Luxon, McConnell, A. McPherson, R. McPherson, Moffitt, Oaks, Pernick, Price,
Rewold. (22)
NAYS: Caddell. (1)
A sufficient majority having voted therefor, the resolution was adopted.
In accordance with Rule XXII, the following referrals were made by the Chairperson:
GENERAL GOVERNMENT
a. Iron County-(Support) Rescinding Act 312 Artibration
b. Iron County-(Support) 4-year Commissioner Terms
c. Iron County-(Support) Clean Michigan Fund Increase
d. Iron County-Legislative Assurance for 1989 Health and Safety funding
e. Rep. Brotherton-Acknowledge Receipt of Miscellaneous Resolution #88005
RICHARD ELLIOTT
Deputy Clerk
ROY REWOLD
Zhairperson
72
Commissioners Minutes Continued. February 25, 1988
HEALTH AND HUMAN SERVICES
a. MAC-Budget Hearing Scheduling changes for Medical Care Facilities and Long Term Care
Units
PLANNING AND BUILDING
a. MI M&B Dept.-Michigan Low-Level Radioactive Waste Authority, Michigan Draft Siting
Criteria Report
PUBLIC SERVICES
a. Bulger Report-Housing and Community Development Act
TRANSPORTATION
A. MDOT-Public Forum on Transportation Issues
There were no objections to the referrals.
The next meeting of the Board will be March 10, 1988 at 7:30 P.M.
The Board adjourned at 10:42 A.M.