HomeMy WebLinkAboutMinutes - 1985.02.14 - 7266OAKLAND COUNTY
Board Of Commissioners
MEETING
February 14, 1985
Meeting called to order by Chairperson Richard R. Wilcox at 9:57 am. in the Courthouse
Auditorium, 1200 N. Telegraph Road, Pontiac, Mt 48053.
Invocation given by David Moffitt.
Pledge of Allegiance to the Flag.
Roll called.
PRESENT: Aaron, Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, Richard
Kuhn, Susan Kuhn, Lanni, McConnell, McDonald, McPherson, Mciffitt, Moore, He Olsen, Pernick,
Price, Rewold, Skarritt, Webb, Wilcox. (24)
ABSENT: Law, Page, Perinoff. (3)
Quorum present.
Moved by Pernick supported by Nelson the minutes of the previous meeting he .approved as
printed.
A sufficient majority having voted therefor, the motion carried.
Moved by Rewnld supported by Hassberger the agenda be amended and the rules suspended to
add the following resoution to the agenda:
FINANCE COMMITTEE - County Executive - 1984/85 Urban Mass Transit Administration (UMTA)
Contract Award
Also the rules be suspended to comply with Board Rules for the following items on the agenda:
FINANCE COMMITTEE - Treasurer's Office - Authorization for Administrative Fund
Treasurer's Office - Approval of Notice of Sale
PERSONNEL COMMITTEE-Children's VII loge Reopening of "B" Building/Creation of 7 Children's
Supervisors, 1•Program Supervi'sor i and F Child Welfare Worker 1
(FISCAL NOTE)
Vote on suspension of the rules:
AYES: Hobart, R. Kuhn, S. Kuhn, Lanni,. McConnell, McDonald, McPherson, Moffitt, Moore,
Nelson, Olsen, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandro, Doyon,
Fortino, Gosling, Hassberger. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried,
Vote on approval of the agenda as amended:
A sufficient majority having voted therefor, the agenda aS amended was approved.
Clerk read letter from Department of Natural Resources regarding funds for the County Marine
Safety Programs for 1985. (Referred to Public ServiCes Committee)
Clerk read letter from Chairperson Richard R. Wilcox announcing the appointments of the
following individuals to serve on the Zoning Coordinating Committee for the terms designated:
JANUARY - JUNE, 1985 JULY- DECEMBER, i985
Anne Hobart, Chairperson Roy Rewold, Chairperson .
Dorothy Webb Alexander C. Perinoff
W. A. Hassberger Richard Kuhn, Jr.
. Ruei McPherson . James Doyon
James Doyon Richard Skarritt
Moved by Moore supported by Reweid the appointments be confirmed.
10
Commissioners Minutes Continued, February 14, 1985
A sufficient majority having voted therefor, the appoirtnients were confirmed.
Clerk stated several letters had been received regarding the transfer of operation and
control for Children's Village and Camp Oakland from Probate Court to County Executive. Each
CoMmissioner has been given a copy of the letters', therefor the letters. wOuld•-inot be read.
PUBLIC COMMENTS:
Judge Barry Grant requested permission to address the Board prior to the Public Hearing
regarding the Transfer of Children's Village. There were no ..cibjectiphs,
John King addressed the Board.
The Chairperson made the following statement:
"At this time a Public Hearing is now called on the Transfer of Operation and Control of
Children's Village and Camp Oakland from Probate Court to County Executive. Notice of the Public
Hearing was published February 6, 1985 in the Oakland Press. Any persons wishing to speak should
give their name to the Clerk, and each person will he limited to 5 minutes. The Public Hearing is
now open."
The following persons requested to speak:
Norman R. Barnard (Chief Judge of Probate), John King, Eugene. Arthur Moore (Probate Judge),
Edward Jones, John J. O'Brien (Probate Judge), Ismail B. Sendi, M.D. (Director of Fairlawn Center),
Barbara Consilio (Probate Court Administrator), Darlene Berent, William F. Foley, Kirk Graham,
Robert Zack, Melvin Louis Graham, Barbara Cash, Yvonne Graham, George Robinson, Steven Roland,
Wallace D. McLay, David W. Monroe, Cecelia Wright, Catherine Roland and Janice Morganrotte
The Chairperson asked if there were other persons present wishing to speak. No one requested •
to speakandthe Public Hearing was declared closed.
The Chairperson declared a 20 minute recess.'
-•-• The Board reconvened • at 1:05 p.m.
Roll call.
PRESENT: Aaron, Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, Richard
Kuhn, Susan Kuhn, Lanni, Law, McConnell, McDonald, McPherson., Moffitt, Moore, Nelson, Olsen, Pernick,
Price, Rewold, Skarritt, Webb, Wilcox. (25)
ABSENT: Page, Perinoff. (2)
Quorum present.
Misc.'. 85002
By Health and Human Resources Committee, Nancy McConnell, Chairperson
IN RE: Children's Village and Camp Oakland - TRANSFER OPERATION AND CONTROL FROM PROBATE COURT TO
COUNTY EXECUTIVE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS by Declaratory Judgement in Civil Action #83-257283-CZ, dated December I, 1984,
Judge Hilda Gage has determined that the power to decide whether Oakland County child care institu-
tions will be under the operation and control of the County Executive or the Probate Court rests
with the Board of Commissioners; and
WHEREAS Sec. 13 (k) of Act 139, P.A. 1973, at, amended, provides that under the authority
of the County Executive, the Department of Institutional and Human Services may be established and
shall supervise county human service programs including hospital and child care institutions.
NOW THEREFORE BE IT RESOLVED that pursuant to and in accordance with Sec. 14 (a) of Act 139,
P.A. 1973, as amended, which provides for andidescribes the manner in which the Board of Commissioners
may transfer a function from one department to another, the Oakland County Board of Commissioners does
hereby transfer the operation and control of Children's Village and Camp Oakland from the Oakland
County Probate Court to the County Executive Department of Institutional and Human Services.
Mr. ChairpersOn, 1 move the adoption of the foregoing resolution.
HEALTH AND HUMAN RESOURCES COMMITTEE
Nancy McConnell, Chairperson
Moved by McConnell supported by Hobart the resolution be adopted.
Discussion followed.
Moved by Nelson supported by Rewold the resolution be amended as follows:
In the NOW THEREFORE BE IT RESOLVED paragraph, 3rd line, 3rd to last words "Commissioners
may . ." amend to read "purSuant to the discretionary powers provided by statute",
Commissioners Minutes Continued. February lit, [985
Mr. Nelson also presented the following as a memorandum:
CHILDREN'S VILLAGE
Administration Responsibilities of County Executive
Judicial Responsibilities of the Probate Court
I. Hire, Fire and Discipline Staff
County Executive would take full responsibility of this function for the Vill.age staff.
Advice and input from the Probate Court would be sought for hiring of top-level management shoOid
vacancies occur.
2. Determine Program Content
The Board of Commissioners would continue to be the authority that authorizes
programs and the resources allocated to Children's Village with the advice and input of the Probate
Court and County Executive.
3. Building Utilization
An administrative function to be performed by the County Executive pursuant to the
Board of Commissioners authorization, with input from the Probate Court.
4. Type of Treatment Programs Available
The Board of Commissioners would continue to be the body that authorizes treatment
programs, with input from the County Executive and the Probate Court. This includes such program
policy as length of stay.
5. Determination of the Placement of a Child Within a Certain Program
Responsibility for the placement would remain with the Probate Court Judge with
jurisdiction of the particular child. If a change in a child's program is strongly recommended by
the professional staff and immediate implementation is indicated, a temporary change in the child's -
program can be made, contingent upon prompt written notification, i.e. by the end of the next day
the court is in session, to the judge with iurisdiction over the child. The Probate Judge would then
approve or disapprove the change. Further, any such change would have to be allowable under the
statutes, court rules and law in effect at the time of any such change.
6. Responsibility for the Decision Determine Release
Unchanged from the current practice, with the Probate Court making this decision,
7. Responsibility for the Decision Concerning Weekends and Visitations by Parents,
Relatives, etc.
Unchanged from the current practice, with the Probate Court. making this decision.
If the Probate Court has made no decision, the responsibility would be that of the operating staff
under the County Executive's direction.
8. Responsibility to Decide When the Child would be Detained and Where the Child Would
be Detained
Unchanged from the current practice, with the Probate Court making this decision.
If the Probate Court has made no decision, the responsibility would be that of the operating staff
under the County Executive's direction.
9. Responsibility to Prepare Budget
The County Executive would prepare the budget with input from the Probate Court.
10. Responsibility to Decide Whether the Child Would Receive Individual Treatment. and What
Unchanged from the current practice, with the Probate Court making this decision. If
the Probate Court has made no decision, the responsibility would be that of the operating staff under
the County Executive's direction.
11. Responsibility to Decide Whether a Child Would Receive Group Counseling
Unchanged from the current practice, with the Probate Court making this decision, if
the Probate Court has made no decision, the responsibility would be that of the operating staff under
the County Executive's direction.
12. Responsibility to Decide if the Child Would Attend School, be in a Co-op Program, etc.
Unchanged from the current practice, with the Probate Court making this decision. If
the Probate Court has made no decision, the responsibility would he that of the operating staff under
the County Executive's direction.
13. Responsibility to Decide if Parents Must Receive Counseling
Unchanged from the current practice, with the Probate Court making this decision. If
the Probate Court has made no decision, the responsibility would be that of the operating staff under
the County Executive',, direction. However, the County Executive would have no authority to order_ the
parents to receive counseling or other treatment absent a court order which . would be obtained from
Probate Court.
Mr. Nelson moved the resolution be further amended by adding another paragraph to read:
"BE IT FURTHER RESOLVED that the attached memorandum indicates the authority being transferred to
the County Executive, and the powers remaining with the Probate Court", The memo also he corrected
in the heading and paragraphs I and 2 by adding 'Camp Oakland" after "Village"; in paragraph 4 add
"through its budget" after "treatment programs" and in paragraph 6, change the word "determine" to
"determining".
Discussion followed.
Kind Kind
12
Commissioners Minutes Continued. February 14, 1985
Moved by Doyon supported by McPherson the amendment be amended under Memorandum item #1
by striking "top-level Management" language and continue with the rest of the clause.
A sufficient majority not having voted therefor, the amendment to the amendment failed.
Discussion followed.
Moved by Price supported by Moore the resolution, with amendment attached, be referred to
the Health and Human Resources Committee.
AYES: R. Kuhn, Law, McDonald, McPherson, Moore, Pernick, Price, Aaron, Doyon, Fortino. (10)
NAYS: S. Kuhn, Lanni, McConnell, Moffitt, Nelson, Olsen, Rewold, Skarritt, Webb, Wilcox,
Caddell, Calandro, Gosling, Hassberger, Hobart. (15)
A sufficient majority not having voted therefor, the motion failed.
Moved by Price supported by Aaron the resolution be referred to the General Government
Committee in order to be consistent with Board rules.
AYES: Law, McPherson, Moore, Pernick, Price. Aaron, Doyon, Fortino, R. Kuhn. (9)
NAYS: S. Kuhn, Lanni, McConnell, McDonald, Moffitt, Nelson, Olsen, Rewold, Skarritt, Webb,
Wilcox, Caddell, Calandro, Gosling, Hassberger, Hobart. (16)
A sufficient majority not having voted therefor, the motion- failed.
Vote on resolution as amended':
AYES; Lanni, McConnell, Moffitt, Nelson, Olsen, Rewold, Skarritt, Webb, Wilcox, Caddell,
Calandra, Gosling, Hassberger, Hobart, S. Kuhn. (15)
NAYS: Law, McDonald, McPherson, Moore, Pernick, Price, Aaron, Doyon, Fortino, R. Kuhn. (10)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Misc. 85003
By Health and Human Resources Committee, Nancy McConnell, Chairperson
IN RE: REPEAT OFFENDER PROJECT - Probate Court
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Probate Court Clinic has identified a specific group of delinquent offenders
likely to commit additional delinquent acts if handled under the traditional approaches for this
age group; and
WHEREAS the Probate Court after considerable study believes that the two factors that
distinguish this group of children from others of similiar age and circumstances are subnormal
parenting and little opportunity for these children to build a sense of self worth; and
WHEREAS the Probate Court has developed a specialized approach known as the "Repeat
Offender Project" to try to reduce the amount of repeat violations in this age group; and
WHEREAS by transferring three existing Child Welfare Worker II positions from Probate
Court-Field Services-Casework unit to the In-Home Care portion of the Child Care Fund, the Repeat
Offender Project can be funded with less cost to the County while continuing the three Child Welfare II
positions with Oakland County Merit System status; and
NOW THEREFORE BE IT RESOLVED that this project be established and funded as a Child Care Fund-
In-Home Care component.
BE IT FURTHER RESOLVED that should the State of Michigan disalliaw the costs of this project
as eligible for inclusion in the Child Care Fund, or the Probate Court decide to discontinue the pro-
ject, the three Child Welfare Worker IF positions and funding for the positions shall revert to regular
Probate Court positions status with full County funding and the 6ln of the Child Welfare Worker Super-
visor funding shall be transferred back to the Alternatives to Secure Detention Project of the In-Home
Care portion of the Child Care Fund.
HEALTH AND HUMAN RESOURCES COMMITTEE
Nancy McConnell, Chairperson
Moved by 'McConnell supported by Fortino the resoluton be adopted.
The Chairperson referred the resolution to the Finance Committee. There were no objections ..
Misc. 85004
By Health and Human Recources Committee - Nancy McConnell, Chairperson
IN RE: Probate Court's Children's Village - REOPENING OF BUILDING "B"
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Board's budget action of December 8, 1983, deleted funding for seven (7)
Commissioners Minutes Continued. February i4, 1985 13
Children's Supervisors at Children's Village from the 1984 and 1985 budget representing the full-time
staff complement for Building "B"; and
WHEREAS the .above deletion resulted from the temporary closing of Building "B" on August 9,
1983, caused by a reduction in the Village's overall resident population.; and
WHEREAS the Village's "B" Program has remained closed to this date, but that a current and
prbjetted upturn in resident population now fully sUpports its reopening.
NOW THEREFORE BE IT RESOLVED that the Health and Human Resources Committee recommends to
the Personnel Committee reinstatement of the positions and funding for seven (7) Children's Super-
visors to enable the reopening of Building "B" and alleviate attending problems therein.
BE IT FURTHER RESOLVED that the Health and Human Resources Committee recommends to the
Finance Committee approval of the estimated costs of $3,100 for capital outlay and telephone service
. of $1,400 for reopening "B" Building.
BE IT FURTHER RESOLVED that the Health and Human Resources Committee further recommends to
the Personnel Committee authorization of one new position for a Child Welfare Worker I and one
position for a Program Supervisor.
Mr. Chairperson, on behalf of the Health and Human Resources Committee, € move the adoption
of the foregoing resolution.
HEALTH AND HUMAN RESOURCES COMMITTEE
Nancy McConnell, Chairperson
Moved by McConnell supported by Susan Kuhn the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85005
By Health and Human Resources Committee.
IN RE: Probate Court-Juvenile Division - 1985 SANCTUARY FUNDING - 1985 DISBURSEMENT AGREEOENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Sanctuary provides shelter, counseling and crisis intervention services for
runaway youths; and
WHEREAS the Health and Human Resources Committee recommends that the work of the Sanctuary
continue to be supported in part by Oakland County; and
WHEREAS the Oakland County Board of Commissioners has previously approved inclusion of
$3,939 in the 1985 budget for support of the Sanctuary's programs.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize dis-
bursement of up to $9,999 to the Sanctuary in accordance with the attached agreement between the
Sanctuary and the Oakland County Juvenile Division with the understanding that the rate may be
changed to reflect changed costs of operations.
Mr. Chairperson, on behalf of the Health and Human Resources Committee, I move the adoption
of the foregoing resolution.
HEALTH AND HUMAN RESOURCES COMMITTEE.
Nancy McConnell, Chairperson
Copy of Agreement on file in County Clerk's Office.
Moved by McConnell supported by Nelson the resolution be adopted.
AYES: Law, McConnell, McDonald, McPherson, Moffitt, Moore ; Nelsen, Price_ Rewold, Skarritt,
Webb, Wilcox, Caddell, Doyon, Fortino, Gosling, Hassberger, R. Kuhn, S. Kuhn, Lanni.. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85006
By Personnel Committee
IN RE: Probate Court - 1984-1585 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 2437, CASEWORKERS,
COUNCIL 25, AMERICAN FEDERATION or STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Probate Court, the County of Oakland and Local 2437, Council 25,
American Eederation of State, County and Municipal Employees, AFL-CIO, have been negotiating a contract
coVering 77 Casework employees of the Oakland County Probate Court; and
WHEREAS a two-year agreement has been reached- with the Caseworker unit for the period .
January 1, 1984 through December 31, 3985, and said agreement has been reduced to writing; and
WHEREAS said agreement has been reviewed by your Personnel Committee which recommends
approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the agreement .between the Oakland County Probate Court, the '
. Cotinty of Oakland, the Casework Employees, said Local 2437) Council 25, American Federation of State
14
Commissioners Minutes Continued. fetJruary 14, 1985
County and Municipal Employees, AFL-C10, be and the same is hereby approved; and that the Chairperson
of this Board, on behalf of the Comity of Oakland, be and is hereby authorized to execute said agree-
ment, a copy of which is attached hereto.
Mr. Chairperson, on behalf of the Personnel Committee, move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson
Copy of Collective Bargaining Agreement on file in County Clerk's Office.
Moved by McDonald supported by Skarritt the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Misc. 85007
By Personnel Committee
IN RE: Probate Court - 1584-1985 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 2437, NON-CASE-
WORKERS, COUNCIL 25, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Probate Court, the County of Oakland and Local 2437, Council 25,
American Federation of State, County and Municipal Employees, AFL-C10, have been negotiating a con-
tract covering 190 Non-Caseworker employees of the Oakland County Probate Court; and
WHEREAS a two-year agreement has been reached with the Non-Caseworker unit for the period
January 1, 1984 through December 31, 1985 and said agreement has been reduced to writing; and
WHEREAS said agreement has been reviewed by your Personnel Committee which recommends
approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the agreement between the Oakland County Probate Court,
the County of Oakland, the Non-Caseworker employees, and Local 2437, Council 25, American Federation
of State, County and Municipal Employees, AFL-CIO, be and the same is hereby approved; and that the
Chairperson of this Board, on behalf of the County of Oakland, he and is hereby authorized to execute
said agreement, a copy of which is attached hereto.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson
Copy of Collective Bargaining Agreement on file in County Clerk's Office.
Moved by McDonald supported by Skarritt the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee. There were no objectiOns.
Misc. 85008
By Personnel Committee
IN RE: Personnel-Merit System Rules, SUBMISSION OF CHANGES IN MERIT SYSTEM RULE 1, 4, 7, 14, 20, 22, 24,
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen: '
WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes
in the rules and regulations of the Merit System shall be submitted W the Board of Commissioners at
a regular meeting of the Board and shall become effective thirty (30) days after Such meeting unless •
objection is received in writing by the Chairperson of the Board of Commissioners, in which case the
objection shall become a matter of business at the next meeting of the Board; and
WHEREAS it has become desirable to make certain changes in the wording of Rule I, 4, 7,
20, 22, 24 as spelled out in the attachments to this resolution including the current and proposed
wording; and •
WHEREAS your Personnel Committee has reviewed and approved these changes at its meeting of
February 6, 1985.
NOW THEREFORE BE IT RESOLVED that the reading of this notice and the distribution of this
notice and the attached copies of current Rule 1, 4, 7, 14, 20, 22, 24 and proposed changes in Rule 1,
4, 7, 14, 20, 22, 24 to all commissioners present and absent to be considered as the official sub-
mission to the Board of Commissioners of the described changes in Rule 1, 4, 7, 14, 20, 22, and 24,
Mr. Chairperson, on behalf Of the Personnel Committee, I move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
John J, McDonald, Chairperson
Commissioners Minutes Continued. February 14, 185
RULE I - COVERAGE OF THE MERIT SYSTEM
CURRENT WORDING
SECTI-ON 1 THIS RESOLUTIONAPPLIES IN ITS
ENTIRETY TO ALL EMPLOYEES PAID BY THE
COUNTY OF OAKLAND, EXCEPT:
B. No provisions covering the manner of
selection, appointment or removal from
office or limitations of political activity
shall apply to:
1. B. 7. Those serving in temporary or part-
time County positions. (Employees whose
appointments are for less than 520 hours in
a twelve (12) month period.)
PROPOSED WORDING
SECTION I - TM'S RESOLUTION APPLIES IN ITS
ENTLRETY TO ALL EMPLOYEES PAID BY THE COUNTY
OF OAKLAND, EXCEPT:
B. No provisions covering the manner of
selection, appointment or removal from
office or limitations of poiitical
activity shall apply tot
B. 7. Those serving in temporary or part-
time County positions. (Employees ',,Jhose
appointments are for 1,000 hours or less
in a 12 month period and empooyees in
the classification of Student.)
RULE 4 - FILLING OF VACANCIES
CURRENT WORDING
SECTION VIII - PART-TINE .NON-ELIGIBLE APPOINTMENT
A. Department Had can elect to fill a
vacant position in their department on a
temporary or emergency basis by the
appointment of a part-time non-eligible
employee. This appoitment is not to ex-
ceed a total of 520 hour; in any 12 month
period. The appointing department shall be
responsible for assuring that part-time non-
eligible employees are separated prior to
exceeding 520 hours of work. Any part-time
non-eligible appointee exceeding 520 hours
shall be terminated immediately by the
Personnel Department.
VIII. A. 1. None
VIII. A. 2. None
MLA. 3. None
VM.C. 3. While persons may receive more than
one part-time non-eligible appointment,
the total hours worked from all such
appointments may not exceed 520 hours in
any consecutive. 12 month period.
SECTION IX PART-TIME ELIGIBLE APPOINTMENT
The Department Head may elect to fill a vacancy
with a part-time eli-gible employee. Such
appointments should he made only in those
circumstances where. nermanent part-time help is
required on a year-round basis for the most
effective and efficient utilization of personnel
and where it is anticipated employment would he
for more than 520 hours in a calendar year.
PROPOSED WORDING
SECTION VIII - PART-TIME NON-ELIGIBLE APPOINTMENT
A. Department Heads can elect to fill a
vacant position by the appointment of
a part-time non-eligible employee.
A part-time non-eligible appointment
shall be defined a an appointment of
personnel not to exceed a total. of
1,000 hours in an' 12 month period and
where the employee is not eligible CD1--
fringe benefits (sne Merit Rule 22)
and- does not acquire merit system status
(see merit Rule 7).
VILLA. 2. Department Heads shall be responsible
for assuring that ,-)art-time non-
eligible employees are separated prior
to exceeding 1,000 hours of work. Any
part-time non-eligible appointee ex-
ceeding 1,000 hours shall be terminated
immediately by the Personnel Department,'
3. Employees in the classification of
Student shall be considered cart-time
non-eligible employees regardless of
the number of hours worked. Students
are not eligible for fringe benefits
and do not attain merit system stoLlyS.
VI[I.C. 3. While persons may receive more than
one part-time non-eligible appointment,
the total hours worked from all such
appointments may not exceed 1,000 hours
in any consecutive 12 month period.
SECTION IX - PART-TIME ELIGIBLE APPOINTMENT
The Department Head may elect to fill a vacancy
with a part-time eligible employee. Such appoint-
ments should be made only in those. circumstances
where permanent part-time help is required on a
year-round basis for the most effective and
efficient utilization of personnel and where it
is anticipated employment would be for more than
1 ,000 hours in a calendar year. Employees who.
do not actually work more than 1,000 hours in any
calendar year following the year of appointment
shall lose merit system status and eligibility
PROPOSED WORDING
SECTION 1 -COURT APPEARANCE LEAVE - DURING
SCHEDULED WORKING TIME
B. Eligibility
3. Only those employees appointed full-
time or part-time eligible are
eligible for Court Appearance Leave,
SECTION III - JURY DUTY LEAVE
B. Eligibility
2. Only those employees appointed full-
time or part-time eligible are
eligible for this type of Leave.
16
Commissioners Minutes Continued. February 14, 1985
IX. C. None
None
for fringe benefits and any continued employment
shall he deemed part-time nen-eligible.
C. Emplcyees in part-time eligible positions as
of March 1 -, 1985, shall continue to be granted
those fringe benefits and other merit system
privileges available to those erfinioyees
working more than 1000. hours within a 12
month peried but less than full time. 4,art-
rime eligible employees under this provision
must work more than 520 hours in each calendar
year and remain continually employed in order
to maintain their merit system ,lrid fringe
benefit eligibility status.
NOTE: The change in definition from over 520 hours
to over 1,000 hours within a 12 month period
for part-time eligible employment shall apply
to all non-represented and those represented
employees whoselabor agreement provides for
this change.
RULE 7 - PROBATIONARY PERIOD
PROPOSED WORDING .
SECTION 1 -WHO MUST SERVE A PROBATIONARY PERIOD
D. Students and employees appointed to part-
time non-eligible employment, do not serve
a probationary period and are not eligible
for merit system status. Time served as
a student or part-time non-eligible em-
ployee shall not be credited toward merit
system status for any classification.
RULE 14 - LEAVES OF ABSENCE WITH PAY
CURRENT WORDING
SECTION 1 - COURT APPEARANCE LEAVE - DURING
SCHEDULED WORKING TIME .
B. Eligibility
3. Only those employees appointed' for 520
or more hours in a twelve month period
are eligible for Court Appearance LeaVe.
SECTION III - JURY DUTY LEAVE
B. Eligibility
2. Only those employees appointed for 520 -
or more hours- in a twelve month period
are eligible for this type of Leave.
RULE 20 - TUITION REIMBURSEMENT ! CURRENT WORDING PROPOSED WORDING ' 1 SECTION III - REIMBURSEMENT REQUIREMENTS SECTION III - REIMBURSEMENT REQUIREMENTS •
A. Employee Eligibility A. Employment Eligibility i
2. Fringe Benefit Eligibility 2. Fringe Benefit Eligibility , _
Applicants must be eligible for fring"e Applicants must: be eligible for
benefits, in accord with Merit System fringe benefits, in accord with
Rule 22, at the time of application Merit System Rule 22, at the time
and at the time the reimbursement check of application and at the time the
is to be issued. (Employees on leave reimbursement check is to be issued. l
of absence without pay and employees (Employees on leave of absence •
working less than 520 hours in a year, without pay and part-time non- i
for example, are not eligible for this eligible employees, for example, .
benefit.) are not eligible for this benefit.)
RULE 22 - ELIGIBILITY FOR FRINGE BENEFITS
CURRENT WORDING PROPOSED WORDING
SECTION II - ELIGIBILITY SECTION II - ELIGIBILITY
A. All employees whose appointments are for A. Part-time non-eligible employees shall
520 hours or less, or work within a twelve not be eligible for these fringe
month period shall not be eligible for benefits. Employees appointed as part-
these fringe benefits, time non-eligible who exceed the 1,000
hour limit shall not become eligible
for benefits retroactively or upon
exceeding the. 1,000 hour limit. The
type of the appointment (e.g. part-time
CURRENT WORDING
SECTION I - WHO MUST SERVE PROBATIONARY PERIOD
D. None
Commissioners Minutes Continued. February 14. 1985
RULE 22 - ELIGIBILITY FOR FRINGE BENEFITS continued.
CURRENT WORDING
II. A. 1. None
11. A. 2. None
B. All employees whose oTpointments are
for more than 520 hours of work within a
twelve month period shall be eligible for
these fringe benefits, with the following
exceptions:
1. Those employees whose appointments are for
more than 520 hours in a twelve month period,
but less than full time shall:
Personnel Department Note:
Employees working more than 320 hours but less
than full-time must check the provisions of
individual benefits as outlined in the benefit
booklets included with your Rule Book or avail-
able through the Personnel Department to deter-
mine final eligibility.
For example, such employees are not eligible for
the dental benefit nor are they eligible for re-
tirement credit for a calendar month in which
they work fewer than ten (10) days.
PROPOSED WORDIN'l
non-eligible): shall govern fringe
benefit el/gibility.
It. A. I. Department deeds shalt he responsible
for assuring that partftime non-
eligible employees are separated prior
to exceeding 1,000 hours of work. Any
part-time non-eligible appointee ex-
ceeding 1,000 hours shall be terminated
immediately by the Personnel Department.
F. A. 2. Employees in the classification of
Student shall not be eligible for fringe
benefits :regardless of the number of
hours worked in a 12 month period.
Time served as a student or port-fire
non-eligible employee shall not be
credited toward fringe bsenefit eligi-
bility for any classification. All
employees appointed for more than 520
hours in a 12 month period shall be
required to make Social Security con-
tributions regardless of their friroje
benefit eligibility status.
P. full-time or nart-lime eligible etn-
ployees shall be eligible for these
fringe benefits, with the following
exceptions:
I. Part-time eligible (see Merit Rule 4)
employees shall:
(No change for remainder of section)
Personnel Department Note:
Part-time eligible employees must check the pro-
visions of individual benefits as outlined in
the benefit booklets included with your Rule Book
or available through the Personnel Department to
determine final eligibility.
For example, such employees ore not eligible for
the dental benefit nor are they eligible for re-
tirement credit for a calendar month in which
they work fewer than ten (10) days.
RULE 24 - SICK LEAVE
CURRENT WORDING
SECTION III - RATE OF EARNING AND ACCUMULATION
OF SICK LEAVE
B. Employees whose appointments are for
more than 520 hours in a twelve month
period, but less than ful-time shall
earn and accumulate Sick Leave on a
pro-rated basis each pay period: based
on the number of hour .s they worked com-
pared to the normal 80-hour pay period.
PROPOSED WORDING
SECTION III - RATE OF EARNING AND ACCUMULATION
OF SICK LEAVE
Delete
(covered in Rule 22, Section II B. la.).
Moved by McDonald supported by McPherson the resolution be adopted, :
The Chairperson stated that pursuant to the Merit. SysteM Rules, the resolution shall lay
over for 30 days.
18
Commissioners Minutes Continued, February 14, 1985
Misc. 85009
By Personnel Committee
IN RE: Probate Court - RECLASSIFICATION OF COUNTY AGENTS AND ASSISTANT COUNTY AGENT POSITIONS AND
TRANSFER. OF CERTAIN OTHER POSITIONS TO CHILDREN'S VILLAGE
To the Oakland County Board of Commissioners
Mr. ChairpersOn, Ladies and Gentlemen:
WHEREAS Probate Court has six (6) Child Welfare Worker II - Assistant County Agent and one
(I) Child Welfare Worker It -• County Agent positions which are paid directly in part by the State of
Michigan and part by the County; and
WHEREAS employees in these positions are appointed by Probate Judges and do not hove status
within the County Merit System; and
WHEREAS this situation has caused repeated problems regarding the incumbents lack of oppor-
tunity to compete for competitive examinations for promotion, managementis lack of flexibility regar-
ding work assignments, the need for special considerations for this group in labor negotiations, and
an increase in administrative detail required involving payroll and attendance; and
WHEREAS the State of Michigan provides an option for those employees to be full County em-
ployees with the County receiving a grant to partially offset costs; and
WHEREAS the net total additionalcost to the County for converting all seven positions is
currently estimated to be $23,949; and
WHEREAS the County and Probate Court negotiating team reached agreement with AESC&ME, Local
2437, with respect to the effect on employee benefit dates, application of seniority in layoffs. and
Merit System status, should the Board of Commissioners approve reclassifying the seven (71 positions
to full funded County positions supported by State Grant funding: and
WHEREAS said agreement made no commitment ro the union which would dimish the. • Board of
Commissioners' authority to establish or reclassify these or any other positions; and
WHEREAS your Personnel Committee has reviewed the matter and supports the reclassification
of the seven (7) positions; and
WHEREAS in another areaof concern the work demands upon the counseling staff at Children's
Village have diversified and expanded to the point where additional full-time Child Welfare Workers
are needed to perform counseling functions; and
WHEREAS the transfer of Iwo (2) Child Welfare Worker II positions from the Fester Care &
Adoptions Unit of Probate Court to Children's Village would allow the positions to be supported in
part with State of Michigan Child Care Fund monies with reimbursement estimated at $27,270, to more
than offset the remaining costs of the County Agent, Assistant County Agent reclassifications noted
above; and
WHEREAS the transfer of an additional Child Welfare Worker II position from the Alternatives
to Secure Detention unit of Probate Court to Children's Village would provide addi tonal needed
counseling in residential units at the Village..
NOW THEREFORE BE IT RESOLVED that six (6) Child Welfare Worker II-Assistant County Agent
positions and one (1) Child Welfare Worker ll-County Agent position as identified below be reclassi-
fied. to Child Welfare Worker il;
POS. # CLASS UNUT
03609 Child Welfare Worker Il•- ACA Casework
00429 Child Welfare Worker 11 - ACA Youth Assistance
01130 Child Welfare Worker I/ - ACA Youth Assistance
03129 Child Welfare Worker II - ACA Youth Assistance.
01147 Child Welfare Worker 11 - CA Youth Assistance
02767 Child Welfare Worker IF ACA Foster Care and Adoptions .
00904 Child Welfare Worker t I - ACA Intake
BE IT FURTHER RESOLVED that three (3) Child Welfare Worker II positions be transferred •
from Probate Court. to Children's Village as follows:
POS. /1 CURRENT UNIT PROPOSED UNIT
03133 . 348-03 Foster Care and Adoptions 165-10 Child Care
01053 348-03 Foster Care and Adoptions 165-10 Child Care
03388 - 347-10 Alt. to Secure Def. 165-10 Child Core
BE IT FURTHER RESOLVED that the following classifications. be deleted from the County Salary
Schedule:
Child Welfare Worker I - Assistant County Agent
Child Welfare Worker 11 - Assistant County Agent
Child Welfare Worker IF - County -Agent:
BE IT FURTHER RESOLVED that the seven (7) reclassified positions shall remain in the budget •
contingent upon continuation of State funding at the same level. Should the State grant for these
positions be eliminated or reduced, the continuation of the positions is subject to Board of Commis-
sioners' review and approval.
Mr. Chairperson, on behalf of the Personnel Committee, I move . the adoption of the foregoing
resolution -.
-PERSONNEL COMMITTEE
John J. McDonald, Chairperson
Commissioners Minutes Continued. February 14, 1985 1
Moved by McDonald supported by Nelson the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee. There were no objections,
Misc. 85010
By Personnel Committee
IN RE: Children's Village/Re-Opening Building "B" - CREATION OF SEVEN (7) CHILDREN'S SUPERVISOR I,
ONE (I) PROGRAM SUPERVISOR-CV AND ONE (I) CHILD WELFARE WORKER 1 POSITIONS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Board deleted from the 1984 'Budget seven (7) Children's Supervisor 'positions
designated to operate Building "B" at Children's Villnge; end
WHEREAS the seven (.7) Children's Supervisor positions and supportive funding Were excluded
from the 1585 Budget; and
WHEREAS the seven (7) positions represent the full-time staff complement for Building "B";
and
WHEREAS the above deletion resulted from the closing of Building "B" on August 9, 1983
because of a reduction in the overall resident :population of Chiidren's Village; nnd
WHEREAS a current end projected upturn in resident population supports the reopening of
Building "B"; and
WHEREAS the Health and Human Resources Committee has recommended the addition of one (f)
Child Welfare Worker end one (1) Program Supervisor to the staffing of Building "B"; and
WHEREAS your Personnel Committee has reviewed staffing requirements for Building "B" and
has determined that seven (7) Children's Supervisor I positions are necessary to properly. staff
Building "B" and that additional counseling end program planning services are desirable.
NOW THEREFORE BE IT RESOLVED that seven (7) Children's Supervisor I positions be established
for the purpose of reopening and operating Building "B" in Children's Village,
BE IT FURTHER RESOLVED that one (1) Child Welfare Worker I and one (1) Program Supervisor-CV
positions be established to intensify program planning and counseling for the residents of 'Building"BT.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson
FISCAL NOTE
By Finance Committee
IN RE: Children's Village - REOPENING OF BUILDING "B"
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule. XXII of this Board, the Finance. Committee has reviewed Miscellaneous
Resolution 85010 and finds:
1) The Children's Village Division has requested $179,210 for nine (9) positions ($174i710).
and operating expenses ($4,500) to repair Building 8, consistent with the attached schedule),
2) Building B was closed on August 9, 1983 due to a reduced population and seven (7)
positions were deleted from the 1984 Budget,
3) The current population level at Children's Village supports the need for additional
4) $179,210 is available from the 1985 Contingency, said funds to be transferred as follows:
165-I0-1001 Salaries $131,283
-2074 Fringe Benefits 43,427
-5998 Capital Outlay 3,100
-6750 'Telephone Communications 1,400
$179,210
909-01-00-9900 Contingency (179,210)
-0-
165-10-6310 Building Space Cost Allocation $ 43,018
Non-Departmental-Vacant Space (43,018)
- 0 -
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by McDonald supported by God log the resolution be adopted.
AYES: McDonald, McPherson, Moffitt, Moore, Nelson y Pernis.k., ?rice, Rew910, Skarritt, Webb,
Wilcox, Caddell, Calandro, Doyon, Fortino, Gosling, HasSberger, R. Kuhh; S. Kuhn, Lanni, Law. (21)
NAYS: Nolte. (0)
A. sufficient majority having voted therefor, the resolution was adopted.
9
space, . space,
2 Year
45,006
142,2 73
3 Year 4 Year 0/T
46,825 48,6/4 No
44,095 45,917 No
Base 1 Year
From: 07Y63 4T181-3
To: 38,628 40,450
20
Commissioners Minutes Continued. February 14, 1985
Misc. 85011
By Personnel Committee
IN RE: Circuit Court - 1985-1988 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY COURT
REPORTERS' ASSOCIATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS a labor agreement covering the-Court Reporter 111s of the Oakland County Circuit
Court has been negotiated with the Oakland County Court Reporters Association; and
WHEREAS a four (4) year agreement has been reached with the Association for the period
January 1, 1985 through December 31, 1988, and said agreement has been reduced to writing; and
WHEREAS your Personnel Committee has reviewed the agreement covering employees represented
by the Association and recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the agreement between the Oakland County Circuit Court,
the County of Oakland, and the Oakland County Court Reporters' Association be and the same is hereby
approved, and that the Chairperson of this Board j on behalf of the County of Oakland, be aed is hereby
authorized to execute said agreement, a copy of which is attached hereto.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson
Moved by McDonald supported by Skarritt the resolution be adopted.
The Chairperson- referred the resolution to the Finance Committee. There were no objections.
Misc. 85012
By Personnel Committee
IN RE: Community Development - CHANGE OF RESPONSIBILITIES AND SALARY RANGES FOR MANAGER OF COMMUNITY
DEVELOPMENT AND CHIEF OF COMMUNITY DEVELOPMENT OPERATIONS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the recent vacancy in the Manager of Community Development position provided an
opportune time for the Director of Public Works to re-evaluate the responsibilities and salary
ranges of the two top positions in Community Development; and
WHEREAS the Director of Public Works feels that the present salary range for the Manager
of Community Development is too high with the recent decrease in staff size and responsibilitieS
due to the transfer of Property Management; and
WHEREAS the Director wishes to shift certain responsibilities from the Manager to the
Chief of Community Development Operations to allow the Manager more time to focus on certain 1985
goals; and
WHEREAS these changes would require the Chief of Operations to supervise the Commercial
Assistance Program, the Office Leader, and certain day-to-day operations and would formally identify
the Chief of Community Development Operations as responsible for divisional activities in the ab-
sence of the Manager; and
WHEREAS the Director proposes to increase the salary range of the Chief of Community
Development Operations to compensate for the additional responsibilities; and
WHEREAS the proposed changes in salaries results in an overall savings.
NOW THEREFORE BE IT RESOLVED that the salary range of the Manager of Community Development
be decreased as follows:
BE IT FURTHER RESOLVED to increase the salary range of the Chief of Community Development
Operations as follows:
Base 1 Year 2 Year 3 Year 4 Year 0/T
From: Yd7601 32,024 33,1150 JV-,TTF 36,272 No
To: 31,001 32,766 34,525 36,250 37,954 No
Mr. Chairperson, on behalf of the Personnel Committee, 1 move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson
Moved by McDonald supported by Hassberger the resolution be adopted.
AYES: McPherson, Moffitt, Moore, Nelson, Pernick, Price, RewoIcl, Skarritta Webb, Wilcox,
Caddell, Calandra Doyon, Fortino, Gosling, Hassberger, R. Kuhn, Lanni, Law, McDonald. (20)
NAYS: None. (0)
A sufficient majority' having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. February 14, 198; 21
Misc. 85013
By Planning. and Building Comnittee
IN RE: Sewer, Water and Solid Waste Division and Drain Commission - COUrTY OF OAKLAND, WASTEWATER
DISPOSAL STANDARDS AND REGULATIONS
To the OaklandCounty Board of Commissioners
Mt. Chairperson, Ladies and Gentlemen:
WHEREAS on July 23, 1981 by Miscellaneous Resolution 781232 the Board of Commissioners
approved Wastewater Disposal Standards and Renulations for the Southeastern Oakland County S.D.S.;
Evergreen-Farmington S.D.S. and Clinton-Oakland•S.D.S. dated July 1, 1981; and
WHEREAS on August 6, 1981 by Miscellaneous Resolution 781279 the Board of Commissioners
amended said Wastewater Disposal Standards and Regulations, dated July 17, 1981; and
WHEREAS the definition of Don-residential customers has been changed to Include schools,
churches and municipal buildings as non-residential customers, by the Detroit Water and Sewerage
Department letter dated November 15. 1984 and it is necessary to again amend the Oakland County
Wastewater Disposal Standards and Regulations,
NOW THEREFORE BE IT RESOLVED that the amendments to said Wastewater Disposal Standards
and Regulations dated January 1, 1985, are hereby approved.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
FLAWNG AND BUILDING COMMITTEE
Roy Rewolde Vice Chairperson
Moved by Rewoid sunported lay Hassherger the resolution be adopted.
AYES: Moffitt, Moore, Nelson, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, CaddeIl,
Calandro, Doyon, Fortino, Gosling, Hassberger, R, Kuhn, S. Kuhn, Lanni, Law, McDonald, McPherson. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85014
By Planning and Building Committee
LW RE: Sewer, Water and Solid Waste Division and Dmain-ComnissiOn - HURON-ROUGE SEWAGE DISPOSAL
SYSTEM, WASTEWATER DISPOSAL STANDARDS AND REGULATIONS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS on November 19, 1981 by Miscellaneous Resolution #81397, the Board of Commissioners
.approved the HOron-Rouge Sewage Disposal System, Wastewater Disposal Standards and Regulations, dated
October 1, 1981; and
WHEREAS the definition of non-residential customers has been changed to include schools',
churches, and municipal buildings as non-residential customers, by the Detroit Water and Sewerage
Department letter dated November 15, 1984, and it is necessary to amend the Huron-Rouge S.D.S.
Wastewater Disposal Standards and Regulations.
NOW THEREFORE BE IT RESOLVED that the amendments to said Wastewater Standards and Regulations
dated January 1, 1985, are hereby approved.
Mr. Chairperson, on behalf of the Planning and Building Committee, 1 move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Roy Rewold, Vice Chairperson
Moved by Rewoid supported .by Nelson the resolution be adopted.
AYES: Moore, Nelson, Pemnick, Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Calandro,
Doyori, Gosling, Hassberger, R. Kuhn, Lanni, Law, McDonald, McPherson, Moffitt. (19)
NAYS: None.. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85015
By Planning and Building ComMiettee
IN RE: Sewer, Water and Solid Waste - SOLID WASTE MANAGEMENT PLAN LEGAL SERVICES FROM JANUARY 1, 1985.
TO DECEMBER 31, 1985 '
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Act 64 of the Public Acts of 1978 requires the preparation of county solid waste
management plans; and
WHEREAS this Board, with the adoption of Miscellaneous Resolution No. 8905 on April 5, 1979,
filed a Notice of Intent to prepare such a plan with the Michigan Depantment of Natural Resources; and
WHEREAS thiS Board, with the adoption of Miscellaneous Resolution No. 82228 on August 5, 1582,
adopted a county solid waste management plant and
22
Commissioners Minutes Continued. February 14, 1985
WHEREAS this Board, with the adoption of several miscellaneous resolutions, the most recent
being Miscellaneous Resolution No. 84018, has employed the law firm of Dickinson, Wright, Moon,
VanDusen and Freeman for legal services necessary for the implementation of the solid waste. manage-
ment plan for the period ending December 31, 1984; and
WHEREAS it is the recommendation of the office of Corporation Counsel that the law Firm of
tittkihdh; Wright, Moon, VanDusen and Freeman be retained as legal counsel in Greer that continuity
be maintained; and
WHEREAS the Planning and Building Committee concurs with Corporation Counsel's recommendation.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commis-
sioners be and is hereby authorized and directed - to execute an agreement for legal services by and
between the County of Oakland and Dickinson, Wright, Moon, VanDusen and Freeman.
BE IT FURTHER RESOLVED that the effective date of agreement shall be January 1. 1985.
BE IT FURTHER RESOLVED that the maximum fee for legal services for the period covered by
this resolution shall not exceed the sum of $50,000.00, as per the attached schedule of fees.
BE IT FURTHER RESOLVED that the Oakland County Corporation Counsel is hereby authorized
and directed to act as the County's representative with respect to the work performed under this
agreement.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption. of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Roy- Rewold, Vice Chairperson
Moved by Rewold supported by Richard Kuhn the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Misc. 85016
By Planning and Building Committee
IN RE: Facilities Maintenance and Operations - AUTHORIZATION TO RECEIVE BIDS. - GROUNDS CHEMICAL
STORAGE BUILDING
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Grounds Unit of the Facilities Maintenance and Operations Division uses several
chemical compounds for its fertilizing, insect, weed and rodent control programs; and
WHEREAS fire codes, environmental protection laws, and MIOSHN safety requirements dictate
storage requirements for such chemicals; and
WHEREAS storage facilities meeting those requirements ore non-existent; and
WHEREAS a storage facility meeting all codes, laws, and other requirements can be built.
as an addition to the Public Works Building; and
WHEREAS a Chemical Storage addition is estimated to cost $23,000; and
WHEREAS funding for this project is available in the Miscellaneous Remodeling line item
of the 1985 Capital Improvement Program:
NOW THEREFORE BE IT RESOLVED that the Department of Central Services be and is nereby
authorized to advertise, receive blds, and report thereon after receipt and tabulation, of such bids.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption. of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Roy Reweld, Vice Chairperson
Moved by Rewold supported by Webb the resolution be adopted.
AYES: Nelson, Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Calandro, Doyon, Fortino,
Gosling, Hassberger, R. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85017
By Planning and Building Committee
IN RE: Sheriff's Department - AUTHORIZATION TO RECEIVE BIDS - MISCELLANEOUS JAIL REMODELLNG
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen;
WHEREAS there is a need for more holding capacity at the Jail; and
WHEREAS Oakland County entered into a Consent Judgment on February 23, 1982, and Article VII
of said Consent Judgment requires that inmates in cell block areas be afforded one hour per day of
exercise in the open air for each day that the temperature in the cell block areas exceeds 80°F;. and
WHEREAS the existing jail was built to 1968 standards and such construction impedes the
efficient operation of existing staff by restricting visual observation; and
WHEREAS there is on outdoor area of approximately 630 square feet in the vicinity of the
existing holding cells which can be enclosed, illuminated, heated, and ventilated with relative ease
Commissioners Minutes Continued. February 14, 1985 23
thereby providing holding for an additional 23 day-time prisoners; and
WHEREAS the construction of an additional outdoor exercise yard in a portion of the
existing receiving yard would make compliance with the aforementioned Article VII possible; and
WHEREAS visual obstructions can be eliminated by the installation of security glazing,
wire mesh enclosures, and other related equipment; and
WHEREAS the construction of an additional hoiding .cell is estimated to cost $55,500 ahd
the construction of an outdoor exercise yard is estimated to cost $82,800 and the installation of
security glazing and related equipment is estimated to cost $61,700 for a total project cost of
$200,000; and
WHEREAS funding for this project is available in the Jail Remodeling line item of the
1985 Capital Improvement Program.
NOW THEREFORE RE IT RESOLVED that the Department of Central Services be and is hereby
authorized to advertise, receive bids, and report thereon after receipt and tabulation of such bids.
Mr. Chairperson, on behalf of the Planning and Building Committee, I rove the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Roy Rewold, Vice Chairperson
Moved by Rewold supported by Richard Kuhn the resolution be adopted.
AYES: Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Calandra, Doyon, Fortino,
Gosling, Hassberger, R. Kuhn, Lanni, Law, McConnell, Moffitt, Moore, Nelson. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
By Planning and Building Committee
IN RE: 1984 ANNUAL REPORT OF THE PLANNING AND BUILDING COMMFTTEE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
In accordance with Section E of Rule X of the Board Rules, your Planning and Building
Committee has completed its biennial inspection of County-owned buildings and grounds. Many buildings
were visited in 1983 and reported in the 1983 Annual Report. The balance was handled on several tourf,
made throughout 1984. On March 13, 1984, Children's Village was inspected. On July 3, both the
Pontiac Market and Admintstrative Annex I were visited. On July 31, a tour of the Youth Activities
Center was made during the annual 4-I-f Fair. The August 14 Committee meeting was held at the South
Oakland Health Center at which time that building was inspected. On August 28, both the Medical
Care Facility and Executive Office Buildings were toured. On September 4, the Health Center Annex
and the Mental Retardation Center were viewed. On October 2, the 52nd District Court in Walled Lake
was visited. The tours were concluded on October 16 with inspections of Administrative Annex II,
Central Garage, Central Heating, Central Stores, and the former Dry Cleaning plant. In general,
County facilities were found to be clean and in good repair. Minor defects were brought to the atten-
tion of the appropriate staff and corrected immediately.
Although there was no single major job, 1984 was nevertheless a very active year with
several smaller projects either being undertaken or being finished. The installation of new handicap
toilets in the Royal Oak Market; the remodeling of the Administrative Annex I; the new Courthouse
alarm system; and repairs to the courtyard retaining walls were also projects authorized in 1983 and
finished in 1984.
Utility-related projects completed include the installation of a new duct bank serving
Computer Services; the partial demolition of the Powerhouse chimney; the reconstruction of the North-
west parking lot; connecting the Trusty Camp to a sanitary sewer; the repainting of the water tower;
and the construction of a wheelchair path around the Medical Care Facility. This latter project was
partially funded by a donation from the non-restricted patient donation account.
Miscellaneous remodeling projects include the expansion of the laboratory in the Medical
Care Facility; reroofing the Health Center Annex; and landscape furniture for the South Oakland Health
Center. Remodeling to expand the Prosecutor's record storage was also awarded in 1984 and is expected
to be completed in early 1985.
Jail-related projects include the installation of a TV system funded by the inmate welfare
fund and the complete reroofing of the jail and its wings.
In related activities, the Facilities Engineering Division , furnished environmental assess-
ments for 65 community development projects in 48 Oakland County communities. Engineering services
were also provided to the Airport Committee and the Parks and Recreation Commission for construction
projects at various locations. New T-hangars were built at both airports and the Glen/Oaks Mainte-
nance building and the new Independence/Oaks Nature Center were each completed.
Progress continues to be made in energy management. Since 1977, energy consumption has been
reduced by 37 percent in the Service Center facilities. At the end of 1984, this reduction has re-
sulted in cumulative savings of approximately $6,000,000.
Ongoing projects include investigations and reports concerning several projects at the Jail,
Springfield-Oaks, and the Third Division of the 52nd District Court.
24
Commissioners Minutes Continued. February 14, 1985
Mr. Chairperson, on behalf of the Plahning and Bitilding Committee, I move the acceptance
of the foregoing report_
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
ROVed by Rewold supported by Hassberger the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Misc. 85018
By Planning and Building Committee
IN RE: 52/4 DISTRICT COURT - LEASE (Corporation Counsel - Real Estate Section)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the control unit for the 52/4 District Court; and
WHEREAS the current lease for the 52/4 District Court premises, which provides for 10,089
square feet of space, expired March 1984; and
WHEREAS the City of Troy is desirous of leasing office space for the 52/4 District Court
for a term of five (5) years commenci•rng on the 1st day of March, 1985, and ending on the 28th day of
February 1990, in the total sum of Three Hundred Eighty-Five Thousand Eight Hundred Thirty-Eight
Dollars ($385,838), subject to adjustment as provided . for in Section 4, b, plus conference room
rentals; and
WHEREAS your Committee has reviewed and is recommending a five (5) year tease agreement
between the County of Oakland and the City of Troy.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Com-
missioners is hereby authorized to execute the necessary lease agreeoent, a copy of which is
attached, for the 52/4 District Court facilities in the City Hall, City - of Troy.
Mr. Chairperson, on behalf of the Planning and Building Committee, 1 move the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Roy Rewoid, Vice Chairperson
Copy of Lease on file in County Clerk's Office.
Moved by Rewold supported by Ha5sberger the resolution be adopted.
AYES: Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Calandro, Doyon, Fortino, Gosling,
Hassberger, R. Kuhn, Lanni, Law, McConnell, Moffitt, Moore, Nelson, Pernick. (19)
NAYS: None, (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85019
By Planning and Building Committee
IN RE: ACCEPTANCE OF "DEFER TO PURCHASE" OF 1.04 ACRES, MO4E OR LESS, WHITE LAKE OAKS COUNTY PARK,
WHITE LAKE TOWNSHIP - SIDWELL 12-24-401-001 AND PART OF 12-24-426-0.26 (Real Estate Section -Corporation
Counsel)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS 1.04 acres, more or less, in White Lake Township, described as:
Part of the southeast quarter of Section 24, T3N, R8E, White Lake Township, Oakland
County, Michigan, described as: Beginning at the northeast corner of Lot 184 of Fox
Bay No. 4 Subdivision, recorded in Liber 127, Pages 1 and 2, Oakland County Records,
thence south 350 28' 35" east 330.80 feet along the easterly line of Lots 183 and 184,
of said subdivision, thence along a curve concave northwesterly, radius 438.60 feet,
chord bears north 460 13' 48" east 32.68 feet, arc distance of 3265 feet, thence
along a curve to the right, radius 370.00 feet, chord bears north 52 0 45' 03" east
111.40 feet, arc distance of 111.83 feet, thence north 14 0 43' 59" west 170.00 feet
along the west line of Lot 145 of said Fox Bay No. 4 Subdivision to the northwesterly
lot corner, thence westerly to the point of beginning, containing 1.04 acres, more or less,
which disposal has been recommended and authorized by R. Eric Reickel; Manager, Oakland County Parks
and Recreation Commission, in correspondence dated November 16, 1982; and
WHEREAS Miscellaneous Resolution 84129, dated May 10th, 1984, authorized disposal of said
property; and
WHEREAS the current use of the property is vacant and unused; and
WHEREAS the property has been appraised at $11,000 by James M. Fuller, MBA, MAI, ASA, and
$12,800 by William E. Hoover, SRA, ASA: and
WHEREAS any monies realized from the sale of the property after cost of sale have been
deducted shall be deposited in the General Fund of Oakland County Parks and Recreation Commission; and
WHEREAS Robert E. Shell and Kay M. Shell, his wife, of'3150 Sashabaw Road, Drayton Plains,
Commissioners Minutes Continued. February 14, 1985 25
Michigan 48070, has submitted an offer of Eight Thousand Five Hundred Dollars $8,500.00) and included
a Two Thousand Dollar (Certified Check) ($2,000.00) deposit for said property; and
WHEREAS the Parks and Recreation Commission Board reviewed and is agreeable to the offer
from Robert E. Shelf and Kay M. Shell, his wife; and
WHEREAS the Planning and Building Committee has reviewed the "Offer to Purchase" form.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby autho-
rizes the Chairperson of the Board of Commissioners to execute the necessary documents for the sale
of said property to Robert E. Shell and Kay M. Shell of 3150 Sashahaw Road, Drayton Plains, Michigan
48020, for Eight Thousand Five Hundred Dollars ($8,500.00).
Mr. Chairperson. on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Rev Rewold, Vice Chairperson
Moved by Resold supported by Moore the resolution be adopted.
AYES: Resold, Skarritt, Wilcox, Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger,
R. Kuhn, Lanni, Law-, Moffitt, Moore, Nelson, Pernick, Price. (.17)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
85020
By Planning and Building Committee
IN RE: Purchasing - MASTER VENDOR BID FILE, DEVELOPMENT AND MAINTENANCE WITHIN OAKLAND COUNTY, FOR
ALL DIVISIONS' USE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Planning and Building Committee has reviewed the present method of how vendors
do business with Oakland County.
WHEREAS the review included: (1) bid list maintained by Departments and Divisions, (2) re-
porting services, and (3) newspaper solicitation to secure commodity bids or requests for proposals.
NOW THEREFORE. BE IT RESOLVED the Oakland County Purchasing Division shall develop and main-
tain a master bid list.
BE IT FURTHER RESOLVED all goods and services procured for Oakland County shall be obtained
either through the Oakland County Purchasing master vendor bid list and/or appropriate procedures
currently in operation.
Mr. Chairperson, on behalf of the Planning and Building Committee, 1 move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Roy Resold, Vice Chairperson
Moved by Rewold supported by Hassberger the resolution be adopted.
AYES: Skarritt, Webb, Wilcox, Caddell, Doyon. Gosling, Hassberger, R. Kuhn, Lanni, Law,
McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Pernick, Price, Resold. (1 9)
NAYS: None. (0)
A sufficient majority having voted therefor, the•msolution was adopted.
Misc. 85021
By Planning and Building Committee
IN RE: Health Division - AUTHORIZATION TO RECEIVE BIDS - NORTH HEALTH CENTER REMODELING
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there exists approximately -1,000 square' feet of vacant space in the North Health.
Center; and
WHEREAS the remodeling of this area into Useful space will alleviate overcrowding in the
Clerical Support and Epidemiology Units; and
WHEREAS this remodeling will also facilitate access to the Health Division's Crippled
Children's program by handicapped clients; and
WHEREAS such remodeling is estimated to cost. $37,000; and
WHEREAS funding for this project is available in the Miscellaneous Remodeling line item of
the 1985 Capital Improvement Program.
NOW THEREFORE BE IT RESOLVED that the Department of Central Services be and is hereby autho-
rized to advertise, receive bids, and report thereon alter receipt andtabulation of such bids.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Roy Resold, Vice Chairperson
26-
Commissioners Minutes Continued. February 14, 1985
Moved by Rewold supported by Webb the resolution be adopted.
AYES: Webb, Wilcox, Caddell, Doyen, Fortino, Gosling, Hassberger, R. Kuhn, Lanni, Law,
McConnell, McPherson, Moffitt, Moore, Nelson, Pernick, Price, Rewold, Skarritt. (15)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85022
By Public Services Committee
IN RE: Community Development Division - OAKLAND LIVINGSTON HUMAN SERVICE AGENCY - ENERGY CONSERVATION
CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Development Program has as an objective the provision
of decent housing, a suitable living environment and expanded opportunities principally for persons
of low and moderate income; and
WHEREAS Oakland Livingston Human Service Agency has carried out over the past several
years a Energy Conservation Program of weatherizing homes and energy education workshops; and
WHEREAS a successful program has been carried out cooperatively between the two agencies
since 1978; and
WHEREAS the cooperative program makes it possible to assist low income, elderly and handi-
capped persons in meeting energy needs through conservation methods at in the existing Energy
Conservation Repair and Installation Program and through energy education workshops; and
WHEREAS the Oakland County Community Development Advisory Council recommends approval of
the agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the
Chairperson of the Board of Commissioners to execute the attached agreement with the Oakland Living-.
ston Human Service Agency for the implementation of: I) Energy Conservation Repair and Installation
at a sum of $25,000 and; 2) Energy Education at a sum of $25,000 and not to exceed a total budget of
$50,000.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution,
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Copy of agreement on file in County Clerk's Office.
Moved by Lanni supported by McPherson the resolution be adopted.
AYES: Wilcox, Caddell, Doyon, Fortipb e Gosling, Hassberger, R. Kuhn, Lanni, Law, McConnell,
McPherson, Moffitt, Moore, Nelson, Price, Rewold, Skarritt, Webb. (18)
NAYS: None. (0)
A sufficient majority having voted therefor, the-resolution was adopted.
Misc. 85023
By Public Services Committee
IN RE: Community Development Division - TECHNICAL ASSISTANCE_ GRANT APPLICATION FOR $60,000 ON
BEHALF OF ROYAL OAK TOWNSHIP: HUD CDBG SECRETARY'S DISCRETIONARY FUND
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Development Program has as an objective the provision
of decent housing, a suitable living environment and expanded economic opportunities principally for
persons of low and moderate income: and
WHEREAS the Charter Township of Royal Oak is a participating unit of government within our
CDBG entitlement program; and
WHEREAS the Charter Township of Royal Oak has prepared an economic redevelopment plan for
(7) seven blocks of urban renewal land along Eight Milo Road; and
WHEREAS the township and the county Community Development Division staff have prepared a
grant application for technical assistance requesting $60,000 for consulting services to implement
this redevelopment plan; and
WHEREAS this grant request is directed towards a special HUD CDBG Secretary's Discretionary
Fund, which is not part of the county CDBG entitlement grant or any county budgeted funds; and
WHEREAS federal procedure requires that the Oakland .County Community Development Division'
submit this grant application to the Department of HOD on behalf of the Charter Township of Royal
Oak; and
WHEREAS the Oakland County Community Development Advisory Council unanimously recommended
approval of this grant application submittal..
NOW THEREFORE BE IT RESOLVED that the Oakland County Executive be authorized to sign and
Commissioners Minutes Continued. February 14, 1985 27
file the attached application for a Technical Assistance Grant for $60,C100 from the Secretary's
Discretionary Fund on behalf of Royal Oak Township.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
Foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Copy of Grant application on file in County Clerk's Office_
Moved by Lanni supported by Moore the resolution be adopted.
AYES: Caddell, Doyon, Fortino, Gosling, Hassberger, R. Kuhn, Lanni, Lao, McConnell,
McPherson, Moffitt, Moore, Nelson, Price, Rewold, Skarritt, Webb, Wilcox. (13)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85024
By Public Services Committee
IN RE: Animal Control Division - VETERINARIAN CONTRACT RENEWAL AND REVISION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #8581 autho-
rized the management reorganization for the Animal Control Division; and
WHEREAS the management reorganization includes, in part, engaging a licensed Veterinarian
to carry out County responsibilities under various Michigan laws; and
WHEREAS Susan J. Alexander, D.V.M. was engaged by the County for the period ending Feb-
ruary 28, 1985; and
WHEREAS it is in the interest of the County to renew the contract with Susan J. Alexander,
D.V.M.; and
WHEREAS the Animal Control Division and Department of Management and Budget have researched
the services performed by the Veterinarian and have found that additional services could be performed
with cost savings to the County; and
WHEREAS the Veterinarian and Animal Control Division concur on these services.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorized the
renewal and revision of the attached contract with Susan J. Alexander, D.V.M.; and
BE IT FURTHER RESOLVED that the County Executive and Chairperson of the Board are herewith
authorized to sign the contract on behalf of the County.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing. resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Copy of Contract on file in County Clerk's Office.
Moved by Lanni supported by Richard Kuhn the resolution be adopted. .
The Chairperson referred the resolution to the Finance Committee_ There % were no objections,
MISC. 85025
By Public Services Committee
IN RE: Animal Control - ESTABLISH RATE INCREASES - MUNICIPALITIES DISPOSAL CONTRACTS
To the Oakland. County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Animal Control Division administers the provisions of P.A. 339
of 1919 as amended (the Dog Law); and
WHEREAS the Animal Control Division renders services to local jurisdictions on Purchase of
Service Contracts; and
WHEREAS the Oakland County Board -of Commissioners Ly Miscellaneous Resolution ,Y83327, dated
November 17, 1983, established a unit price of $9.17 for disposal of small dead animals and a unit
price of $5.62 for live small animalst and
WHEREAS the Oakland County Animal Control Division and the Department of Management and
Budget have determined through a cost analysis that these fees should be increased to a unit price
of $5.29 for disposal of small dead animals and a unit price of $5.76 for live small animals he
charged; and
• WHEREAS the government of Oakland County would recover 1007, of its costs for disposal.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commi.ssloners does hereby
establish a unit price of $5.29 for disposal of small dead' animals and a unit price of $5.76 for
live small animals be charged to municipalities purchasing Service Contracts with the Oakland County- -
28
Commissioners Minutes Continued. February 14, 1985
Animal Control Division.
Mr. Chairperson, on behalf of the Public Services Conch tee I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Moved by Lanni supported by Law the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Misc. 89026
By Public Services Committee
IN RE: Animal Control - ESTABLISH RATE DECREASE - MUNICIPALITIES BOARD AND CARE CONTRACTS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Animal Control Division administers the provisions or. P.A. 339
of 1919, as amended (the Dog Law); and
WHEREAS the Animal Control Division renders services to local jurisdictions on Purchase of
Service Contracts; and
WHEREAS the Oakland County Board of Commissioners by .Miscellaneous Resolution p83328, dated
November 17, 1983, established a unit price of $7.57 per day to be charged for board and care; and
WHEREAS the Oakland- County Animal Control Division and the Department of Management and
Budget have determined through a cost analysis that this fee should be decreased to a -unit price of
$7.54 per day to be charged for board and care:. and
WHEREAS the government of Oakland County would recover 10W, of its costs for such board
and care.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
establish a unit price of $7.54 per day for board and care to be charged to municipalities purchasing
Service Contracts with Oakland County Animal Control Division.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing. resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Moved by Lanni supported by Webb the resolution be. adopted.
The Chairperson referred the resolution to the Finance Committee. There were no objectionS.
Misc. 85027
By Public Services Committee
IN RE: Sheriff's Department - ACCEPTANCE OF GIFT DONATION ITEMS- FROM PRiVATE SOURCES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution 1183204, Procedure for Acceptance of a Gift Donation from
Private Sources, established written 'procedures for the acceptance of 'Gifts from Private Sources; and
WHEREAS procedures require that any gifts of a value greater than $10,000 requiring Board
of Commissioners' Approval; and
WHEREAS such a gift donation. has been offered to the Sheriff's Department -by the E.S.C.A.P.E.
Program (Enroll in Sheriff Crime Prevention Accident Prevention Education Program); and
WHEREAS the Sheriff wishes to accept this donation (detailed items listed on Schedule 0; and
WHEREAS it is recommended that a Crime Prevention Fund be established to deposit the cash
for purposes of crime prevention expenditures and to record future donations from private sources; and
WHEREAS it is recommended by the Public Services Committee that we accept this donation and
quarterly progress reports be submitted to this Committee on the status of the Crime Prevention Ac-
tivities involving the Sheriff's Department.
NOW THEREFORE BE IT RESOLVED that the gift donation, as identified by the attached
Schedule be accepted.
BE IT FURTHER RESOLVED that a Crime Prevention Fund be established to record future
-donations and .expenses following all County procedures.
The Public Services, by James E. Lanni, Chairperson, moves for adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
James. E. Lanni, Chairperson
Moved by Lanni supported by McPherson the resolution be adopted.
The Chairperson referred the resolution 'to . the Finance' Committee. There were no objections.
Commissioners Minutes Continued. February 14, 1985 29
Misc. 85028
By Finance Committee
IN RE: Health Division - MATERNAL AND CHILD HEALTH BLOCK GRANT AWARD
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution //8145 requires the Finance Committee to review actepteece
of all grants that vary less than ten (10) percent from the original grant application; and
WHEREAS Miscellaneous Resolution 1/84301 authorized the grant application to the Michigan
Department of Public Health in the amount of $222,171 for the period October 1, 1584 through
September 50, 1585; and
WHEREAS the Finance Committee has reviewed said grant as approved by the Michigan Depart-
ment of Public Health and finds the award in the amount of $222,171, the same as the application for
the same time period; and
WHEREAS said program is 100% funded by the State, and application or acceptance of the
grant does not obligate the County to any further commitment; and
WHEREAS all personnel changes will have to be approved by the Personnel Committee.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the
Maternal and Child Health Block Grant in the amount of $222,171.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
be and is hereby authorized to execute said grant contract.
BE 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 1T FURTHER RESOLVED that this grant contract has been reviewed and approved as to form
by the Office of Corporation Counsel.
BE IT FURTHER RESOLVED that the 1985 Budgett be amended, by the acceptance of this grant
award, as detailed in Schedule I.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution,
FINANCE COMMITTEE
G. William Caddeli, Chairperson
Copy of Schedule 1 and 11 on file in County Clerk's Office.
Moved by Caddell supported by Moore the resolution be adopted.
AYES: Fortino, Gosling, Hassberger, R. Kuhn, Lanni, Law, McConnell., McPherson, Moffitt,
Moore, Nelson, Price, Rewold, Skarritt, Webb, Wilcox, Caddell. (17)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85029
By Finance Committee
IN RE: Health Division - E.P.S.D.T. (EARLY PERIODIC SCREENING, DIAGNOSIS AND TREATMENT) GRANT AWARD
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution 1/8145 requires the Finance Committee to review acceptance
of all grants that vary less than ten (10) percent from the original grant application; and
WHEREAS Miscellaneous Resolution #84302 authorized the application to the Michiean Depart-
ment of Public Health in the amount of $705,306 for the time period October 1, 1584 throughSeptember30,
1985; and
WHEREAS the Finance Committee has reviewed said grant as approved by the Michigan Department
of Public Health and finds the award in the amount of $703,106, $2,200 or G.3% less than the appli-
cation for the same time period; and
WHEREAS said program is 1001?, funded by the State, and application or acceptance of the grant
does not obligate the County to any further commitment:,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the
E.P.S.D.T. Grant in the amount of $703,106,
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be
and is hereby authorized to execute said grant contract.
BE 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 this grant contract has been reviewed and approved as to form
by the Office of Corporation Counsel.
BE IT FURTHER RESOLVED that.the 1985 Budget be amended, by the acceptance of this grant
award, as detailed in Schedule I.
Mr. Chairperson, on behalf of the Finance Committee, 1 move the adoption of the foregoing
resolution. FINANCE COMMITTEE
G. William Caddell, Chairperson
30
Commissioners Minutes Continued. February 14, 1985
Copy of Schedules 1 and II on file in County Clerk's Office,
Moved by Caddell supported by Skarritt the resolution be adopted.
...AYES: Gosling, Heasberger, R. Kuhn, Lanni, Law, McConnell; McPherson, Moffitt, Moore,
Nelseele Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Doyen, Fortino. (18)
NAYS None. (0)
A sufficient majority having voted therefor, the resolution was adopted_
The Chairperson vacated the Chair. Vice Chairperson Marilynn Gosling took the Chair.
Misc. 85030
By Finance Committee
IN RE: Parks and Recreation Division - REQUEST FOR ADDITIONAL VEHICLE
To the Oakland County Board of Commissioners
Mr. Chairpersoh, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution 87393 of December 18, 1975, the Oakland County ,
Board of Commissioners adopted a "County Policy on assignment of County Vehicles"; 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 Committee 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 there are outside agencies which have in the past and are presently leasing vehicles
from the Oakland County Garage; and
WHEREAS the Oakland County Parks and Recreation Division has made a request to lease one (1)
additional vehicle (stake truck) from the Oakland County Garage; and
WHEREAS the Finance Committee considers that Section "G" of the County Vehicle Policy should
not apply in this instance; and
WHEREAS the County Executive has recommended the authorization of the acquisition of one (1)
vehicle and the expansion of the County fleet.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an expansion of the
County Vehicle Fleet for the one (I) vehicle requested by Parks and Recreation.
BE IT FURTHER RESOLVED that an exception be made to Section "G" of the County Vehicle Policy
and that the 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
Roved by Caddell supported by Webb the resolution be adopted.
AYES: Hassberger, R. Kuhn, Lanni, Law; McConnell, McPherson ; Moffitt, Moore, Nelson, Price,
Rewold, Skarritt, Webb, Caddell, Doyen, Fortino, Gosling. (17)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85031
By Finance Committee
IN RE: Public Works Department - LEGAL FEES - WEBER vs COUNTY OF OAKLAND, ET AL
To the Oakland COunty Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners approved the Oakland County Solid Waste Plan; and
WHEREAS the plan has been challenged in the U.S. District Court; and
WHEREAS the Firm of Dickinson, Wright, Moon, VanDusen and Freeman was retained to implement
the plan and, as such, possesses the necessary background to best defend the challenge in Federal
Case No. 8273670, Weber vs. County of Oakland, et. al. for a fee not to exceed $7,500.00 as passed by
the Oakland County Board of Commissioners on November 18, 1982, Miscellaneous Resolution e82342; and
WHEREAS to date, $16,493.78 has been expended in legal fees as authorized by Miscellaneous
Resolution .#83239 end #84030, consistent with the attached schedule; and
WHEREAS $365.53 is requested for a final billing for services rendered in said lawsuit; and
WHEREAS Corporation Counsel finds the attorney fees charged to be reasonable for services
rendered and recommends payment in the amount of $365.53.
NOW THEREFORE BE IT RESOLVED that the Finance Committee finds $366 available in the 1985
Contingeecy Accouet to cover said cost.
BE IT FURTHER RESOLVED that the Board Of Comeissioners appropriates $366 from the 1985.
31 Commissioners Minutes Continued. February 14, 1985
Contingency Account and transfers said amount to the Corporation. Counsel Division - Legal Expense
Account as follows:
909-01-00-9900 Contingency
115-01'00-3456 Legal Expense
Moved by Caddell supported by McConnell the resolution be adopted.
AYES: R. Kuhn Lanni, Law, McConnell, Moffitt, Moore, Nelson, Price, Rewold, Skarritt,
Webb, Wilcox, Caddell, Doyon, Fortino, Gosling, Hassberger. (17)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
$(366)
366
-0-
Mr. Chairperson, on behalf of the Finance Committee, 1 move the adoption of the fOregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Misc. 85032
By Finance Committee
IN RE: Management and Budget Department -- EQUALIZATION LEGAL FEES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Xerox Corporation has caused the County of Oakland to incur sizeable legal
expenses through litigation before the Michigan Tax Tribunal; and
WHEREAS the difference between -Xerox Corporation's •contention of State Equalized Value and
Oakland County's approximately $30 million for 1980, 1981, 1982, and while a motion is now pending
before the Court to include an as yet undetermined additional amount for 1983 and 1984; and
WHEREAS the County Of Oakland, through its attorneys and with the cooperation of the Cities,
Townships, and School Districts involved, have prevailed, thus preserving for all units of government
in the County of Oakland over $1,652,000 in tax revenues; and
WHEREAS the outside costs incurred to date for appraisers, attorneys, CPA's statisticians
and expert witness fees has been collected from all units with the exception of two school districts
who have refused to pay their fair share; and
WHEREAS legal action is outstanding for the pending case of discrimination and exemption
Issues, and the Xerox Cbrporation has appealed the case to the Michigan Court of Appeals; and
WHEREAS other manufacturers and leasing companies have observed our efforts and determination
in defending ourselves successfully and this may act as a deterrent for future harassment; and
WHEREAS $394 is requested to defray final expenses for outside appeals to the Tax Tribunal
for the period October 1 through December 31, 1984, consistent with the attached schedule; and
WHEREAS Corporation COunsel finds the estimated legal fees reasonable and recommends an
appropriation In the amount of $394.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners finds $394 available in the
1985 Contingency Account to cover said cost.
BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $394 from the 1985
;COntingency Account and transfers said amount to the Equalization Division .-Legal Expense Account as
follows:
909-01-00-9900 Contingency • $(394)
125-01-00-3456 Legal Expense 394
10_
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G.. William Caddell, Chairperson
Copy of Schedule on file in County Clerk's Office.
The Chairperson returned to the Chair.
Moved by Caddell supported by Skarritt the resolution be adopted.
AYES: Lanni, Law, McConnell, Moffitt, Moore, Nelson, Price, Rewold, Skarritt, Webb, Caddell,
Doyon, Fortino, Gosling, Hassberger, R. Kuhn. (16)
NAYS: None. (0)
A sufficient majority having voted therefor, •the resolution was adopted.
Misc. 85033
By Finance Committee.
IN RE: Board of Commissioners - LEGAL FEES - METIV1ER Vs JOHN R, •DiGIOVANN1
To the Oakland County Board_ of Commissioners
Mr. Chairperson, Ladles and Gentlemen;
WHEREAS former Commissioner John R. DiGitavanni found - it necessary to defend himself by virtue
of his office in a court suit; and
32
Commissioners Minutes Continued. February 14, 1985
WHEREAS Act No. 508 of the-Public Acts-of 1978 requires that the Board of Commissioners
shall employ an attorney to represent Elected County Officers in court in cases which involve an
official act or duty of the County Official; and
WHEREAS a settlement by jury verdict has been reached against Mr.-.DiGiovanni in the amount
of $35,000 plus interest and taxable costs for an estimated total of $53,000; and
WHEREAS to date $9,692 has -been appropriated for legal fees in said case consistent with
the attached schedule; and
WHEREAS final legal fees in the amount of-$8,376.80 have been submitted to the County; and
WHEREAS Corporation Counsel finds the attorney fees charged to be reasonable for services
rendered and recommends payment in the amount of S8,376.80_
NOW THEREFORE BE IT RESOLVED that the Finance Committee finds $8,377 available in the 1985
Contingency Account for this purpose.
BE IT FURTHER RESOLVED that the Board • of Commissioners appropriates $8,377, as the final
billing, from the 1985 Contingency Account and transfers said amount to the Board of Commissioners
Budget as follows:
909-01-00-9900 Contingency 5(8,377)
511-02-00-3456 Legal Expense 8,377
-0-
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Copy of Schedule of Legal Fees on file in County Clerk's Office.
Moved by Caddell supported by Lanni the resolution be adopted.
AYES; Law, McConnell, Moffitt, Moore, Nelson, Price, Remold, Skarritt, Webb, Wilcox,
Caddell, Doyon, Fortino, Gosli.ng, Hassberger, R. Kuhn, Lanni. (17)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85034
By Finance Committee
IN RE: Board of Commissioners - LEGAL SETTLEMENT - MET1VIER vs JOHN R. DiGIOVANN!
To the Oakland 'County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS former Commissioner John R. DiGiovanni found it necessary to defend himself by
virtue of his office in a court suit; and
WHEREAS this case was dismissed with prejudice, but later overturned by the Court of Appeals
as being dismissed without prejudice, this allowing the plaintiff to refile said claim; and
WHEREAS plaintiff refiied case in the Macomb County Circuit Court; and
WHEREAS a settlement by jury verdict has been reached against Mr. DiGiovanni in the amount of
$35,000 plus interest and taxable costs for an estimated total of $53,000; and
WHEREAS Corporation Counsel has been authorized to negotiate a settlement of the jury
verdict; and
WHEREAS Corporation Counsel has reached a negotiated offer of $44,000.
NOW THEREFORE BE IT RESOLVED that the Finance Committee finds $44,000 available in the
Provision For Pending Litigation Account for this purpose.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the offer of settlement
of said suit in the amount. of $44,000 provided said offer 1s accepted by February 13 i 1985, by the
parties, and payment of said amount from Pending Litigation Account.
BE IT FURTHER RESOLVED that no further offers of settlement shall be made by the Board of
Commissioners in this matter.
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 Lanni the resolution be adopted.
AYES: Moffitt, Nelson, Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Doyon, Fortino,
Gosling, R. Kuhn, Lanni. (13)
NAYS: McConnell, McPherson, Moore, Hassberger, LaW. (5)
A sufficient majority not having voted therefor, the resolution failed.
Moved by Moore supported by Doydvi the Beard reconsider the vote on the resolution.
AYES: McPherson, Moffitt, Moore, Nelsen, Price, ReWold, Skarritt, Webb, Wilcox, Caddell,
Doyoni Gosling, Lanni, McConnell, (14)
NAYS HasSbefger, R. Kuhn, Law. (3)
Commissioners Minutes Continued. February 1 14, 1985
A sufficient majority having voted he the motion carried.
Vote on resolution:
AYES: Moffitt, Moore, Nelson, Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Doyon,
Fortino, Gosling, Lanni. (13)
NAYS: Hassberger, R. Kuhn, Law, McPherson. (4)
A sufficient majority not having voted therefor, the resolution was not adopted,
Misc. 85035
By Finance Committee
IN RE: Board of Commissioners - LEGAL FEES - OPINION RE: EXCLUSION OF POSITIONS FROM MERIT SYSTEM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Probate Court requested two Probate Court positions be excluded from Merit
System coverage; and
WHEREAS in an effort to secure an independent and unbiased opinion on November 14, 1984,
the Personnel Committee moved to request Corporation Counsel to obtain an outside legal opinion re-
garding the exclusion of positions from the Merit System; and
WHEREAS charges for this outside legal opinion have been received in the amount of $500; and
WHEREAS Corporation Counsel finds the attorney fees charged to be reasonable for services
rendered and recommends payment in the amount of $500.
NOW THEREFORE BE IT RESOLVED that the Finance Committee finds $500 available in the 1985
Board of Commissioners Budget for this purpose.
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 Gosling the resolution be adopted.
AYES: Moore, Nelson, Price, Rewoid, Skarritt, Webb, Wilcox, Caddell, Fortino, Gosling,
Hassberger, R. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt. (17)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85036
By Finance Committee
IN RE: Treasurer's Office - AUTHORIZATION TO BORROW AGAINST DELINQUENT 1984 TAXES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen':
WHEREAS ad valorem real property taxes are imposed by taxing units within the County of
Oakland, Michigan (the "County") on July 1 and/or December I in each year; and
WHEREAS a certain portion of these taxes remain • unpaid and uncollected on March 1 of the
following year at which time they are returned delinquent to the Oakland County Treasurer (the
"Treasurer") who is to collect the delinquent taxes, plus interest and property tax administration
- fees, on behalf of the various taxing units; and
WHEREAS the statutes of the State of Michigan authorize the County to establish a fund, in
part or in total from borrowed proceeds, to pay local taxing units their respective share of delIn-
quent real property taxes in anticipation of collection of those taxes by the Treasurer; and
WHEREAS the Board of Commissioners of the County has adopted a resolution establishing the
Oakland County Delinquent Tax Revolving Fund, pursuant to Section 876 of Act No. 206 of the Public
Acts of 1893, as amended ("Act. 206"), which fund has been designated as the IOW; Tax Payment Fund by
the Treasurer; and
WHEREAS the purpose of the IOW, Tax Payment Fund is to provide a source of moneys from
which the Treasurer may pay any or all delinquent real property taxes which are due the County, any
school district, intermediate school district, community college district, city, township, special
assessment or tdrainage district, or any other political unit for which delinquent tax payments are
due on settlement day with the Treasurer or any city or township treasurer, and the Treasurer has
been directed to tmake such payments by the Board of Commissioners of this County; and
WHEREAS in order to make such payments with respect to 1984 delinquent taxes, it is de-
termined that it is necessary that the County issue its "General Obligation Limited Tax Notes,
Series 1985" in accordance with Sections 87c, B7d, 87e, 87f, 87g and 89 of Act No. 206 and on the
terms and conditions set forth below; and
WHEREAS the total amount of 1984 real property taxes, together with property tax adminis-
tration fees returnable to the Treasurer pursuant to subsection (6) of Section 44 of Act 206, which
will become delinquent and he returned to the Treasurer for collection on March 1, 1985, (the
"Delinquent Taxes") has not yet been determined but will be determined at a later date;
33
34
Commissioners Minutes Continued. February 14, 1985
NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY AS FOLLOWS:
1
GENERAL OBLIGATION LIMITED
TAX NOTES, SERIES 1985
101. Issuance of Notes. The County shall issue its General Obligation Limited Tax Notes ;
Series 1985 (the "Notes") in accordance with this Resolution and Sections 87c, 87d, 87e, 87fe- 87g
and 89 of Act 206, payable from the Delinquent Taxes and the other sources specified below,
102. Aggregate Amount of Notes. The Notes shall be issued in an aggregate amount not to
exceed the amount of the Delinquent Taxes pltei an amount not to exceed fifteen percent 051 of the
amount of Delinquent Taxes. The exact principal amount of the Notes will be designated by the Treasurer
after the amount of the Delinquent Taxes, or the amount f Delinquent Taxes to be funded by the issuance
of the Notes, has been determined.
103, Proceeds. The proceeds of the Notes shall be deposited in and used as the whole or a
part of the 1985 Account and the 1985 Note Reserve Fund in accordance with Article VI below.
11
FIXED MATURITY NOTES
201. At the option of the Treasurer, exercisable by order of the Treasurer, the Notes may
be issued in accordance with this Article II. All reference to 'Notes" in Article 11 refers only to
Notes issued pursuant to Article. It, unless otherwise specified.
202. Date, The Notes shall be dated March 1, 1985, or such later date (not later than the
date of actual issuance of the Notes) as the Treasurer may specify by order.
203. MatdritI, The Notes shall be due and payable as follows: not less than 3n nor more
than 50% of the amount of Delinquent Taxes on April 15, i986; not less than 20% and not more than 377
of the amount of Delinquent Taxes on April 15, 1987; and the balance of the total principal amount of
Notes issued on April 15, 1988. The exact amount of each maturity shall be determined by the Treasurer
when the amount of Delinquent Taxes is determined by the Treasurer, or when a reliable high-low esti-
mate of the Delinquent Taxes is available to the Treasurer so that the Treasurer may certify that the
maturity limits set forth above will be satisfied. in determinine the exact amount of each maturity
the Treasurer shall consider, among other pertinent factors, the anticipated collection of the Delin-
quent Taxes, arbitrage restrictions, and the impact the maturities selected may have on the market-
ability, rating and/or qualification for credit support or liquidity support for, or insurance of, the
Notes.
204, Interest and Date of Record. The Notes shall bear interest payable October 15, 19 85,
and each succeeding April 15 and October 15, until maturity, which interest shall not exceed the
maximum rate of interest permitted by law on the date the Notes are offered for sale. 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.
The date of record shalt he September 30 with respect to payments- made on October 15, and
March 31 with respect to payments made on April 15, provided, however, that the Treasurer may desig-
nate different dates of record prior to the sale of the Notes.
205. Fully Registered Notes. The Notes, subject to Section 707 below, shall be issued in
fully registered form both as to principal and interest in substantially the form attached as Appendix
A. Such fully registered Notes shall be registrable upon the books of a note registrar to be named
by the Treasurer the "Registrar"). The Registrar so named may be any bank or trust company or other
entity (including the County) offering the necessary services pertaining to the registration and trans-
fer of the Notes. The Notes may he authenticated by the Registrar if so ordered by the Treasurer,
206. Denominations and Numbers. The Notes shall be issued in one or more denominations or
• denominations of -i,000 or any multiple of $1,000, as determined by the Treasurer, and shall be numbered
from one upwards in such order as the Treasurer shall determine.
207. Transfer or Exchange of Notes. Any Note shall he transferable on the note register
maintained with respect to the Notes upon the surrender of the Note together with an assignment exe-
cuted by the registered owner or his or her duly authorized attorney 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.
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. Such exchange shall be effected by surrender of the Note to be exchanged to the
Registrar with written instructions signed by the registered owner of the Note or his or her attorney
in form satisfactory to the Registrar. Upon receipt of a Note with proper written instructions the
Registrar shall authenticate and deliver a new Note or Notes to the registered owner of the Note or
his or her properly designated transferee, transferees or attorney.
Any service charge made by the Registrar 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. The Registrar 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 the Notes may be deposited,
in whole -or in part, with a depository trustee designated by the Treasurer who shall transfer . ownership
Commissioners Minutes Continued. February 14, 1985
of interests in the Notes by book entry and who shall issue depository trust receipts or acknowledg-
ments 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 named by the Treasurer. The Treasurer is authorized to
enter into any depository trust agreement on behalf of the County upon such terms and conditions.
at the Treasurer shall deem approOriate not otherWise, prohibited by the terms of this ResoltitiOne
The depository trustee may be the same as the Registrar otherwise named by the Treasured,
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. Notes maturing in 1986 and 1987 shall not be subject to redemption
prior to maturity. The Net:es maturing on April 15, 1988, may be redeemed in whole or in part on
any date or dates on or after April 15, 1987, at the option of the Treasurer. Notes so called
for redemption shall be redeemed at par value, plus accrued interest, plus, at the option of the
Treasurer, a premium of up to 131 on each note, computed as a percentage of par value, if redeemed
on or after April 15, 1987, but prior to maturity. If the Treasurer elects to offer the redemption
premium on the Notes the Notice of Sale and the Note form shall be changed accordingly.
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 that less than
the entire principal amount of a Note is called for redemption, upon surrender of the Note to the
Registrar, the Registrar shall authenticate and deliver to the registered owner of the Note a new
Note in the principal amount of the principal portion not redeemed.
Notice of redemption shall be sent to the registered holder of each Note being redeemed
by first class mail at least 30 days prior to the date fixed for redemption, which notice shalt 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 of not to exceed 2% or such lesser amount as may be authorized by the Treasurer.
211. Public or Private Sale. The Treasurer may, at the Treasurer's OpJiOn, conduct a
public sale of the Notes (alter publication of the Notice of Sale attached to, and as provided in,
the separate Resolution approved by this Board), 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 the Notice of Sale, and the Treasurer shall be empowered to make any change in the Notice of
Sale as may, in the Treasurer's discretion, be necessary or appropriate.
The Treasurer may alternatively, at the Treasurer's option, negotiate a private sate of
the Notes as provided in Act 206.
212. Execution and Delivery, The Treasurer is authorized and directed to execute the
Notes for the County or to.execute the Same by causing a facsimile of the Treasurer's signature to
be affixed, provided that if the facsimile signature is used the Notes must be authenticated by
the Registrar named by the Treasurer. The Notes shall be sealed with the County seal or a fac-
simile of such seal. If permitted by law, the Notes may be delivered without the actual or fac-
simile seal of the County and signature of the Treasurer.
The Treasurer is authorized and directed to then deliver the Notes to the purchaser
upon receipt of the purchase price, which delivery may be made in the discretion of the Treasurer .
at one time or in parts at various times. All of the Notes with the earliest maturities shall he
delivered prior to any Notes with later maturities. The Notes will be delivered at the expense of
the County in such city or cities designated by the Treasurer in the Notice of Sale or otherwise.
213. Renewal, Refundihs or Advance Refunding Notes. If at any time it appears to be in
the best interests of the County, the Treasurer, by order, may authorize the issuance of renewal,
refunding or advance refunding Notes. Such Notes need not be approved by prior order of the De-
partment of Treasury unless so required by such Department as provided by law.
SHORT TERM RENEWABLE NOTES
301. At the option of the Treasurer, exercisable by order of the Treasurer, the Notes
shall be issued in accordance with this Article 111. All references to "Notes" in Article Ill
refer only to Notes issued pursuant to Article ill, unless otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of issuance and shall
mature on such date or dates not exceeding one year from the date of their issuance as may be speci-
fied • by order of the Treasurer.
303. Interest. The Notes shall bear interest payable at maturity at such rate or rates
as may be determined by the Treasurer not exceeding the maximum rate of interest permitted by law
on the date the Notes are issued.
304. Bearer Notes; Note Registrar. The Notes shall be payable to bearer at a paying
agent or paying agents designated by the Treasurer, and shall be substantially in the form attached
as Appendix B. At the option of the Treasurer, the Notes may be issued in registered form, in which
event Sections 207 and 208 shall apply to such Notes.
305. Denomination and Numbers. The Notes shall be issued in one or more denomination or
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Commissioners Minutes Continued. February 14, 1985
denominations of $1,000 or any multiple of $1,000, as. determined by the Treasurer, and shall be
numbered from one upwards in such order as the Treasurer determines.
306. Redemption. The Notes shall not be subject to redemption prior to maturity.
307. Sale of Notes. The Treasurer ls authorized to sell the Notes at a private sale,
and is' authorizedto designate a marketing agent, placement. agent or dealer to assist . in the place-
Ment Of NaleS •I,sued pursuant to this Article. If required by the Purchaser of the Notes, the
TreaSu .ner. Shall prepare or cause to be prepared and disseminated- a placement memorandum or Offering.
memorandum containing such information as the Treasurer deems relevant in connection with such sale.
308. Execution and Delivery. The Treasurer is authorized and directed to execute the
Notes for the County or to execute the same. by causing a facsimile of the Treasures' signature to
be affixed, provided that if the facsimile signature is used the Notes must be authenticated by an
authenticating agent named by the Treasurer. The Notes shall be sealed with the County seal or a
facsimile of such seal. If permitted by law, the Notes may he delivered without the actual or
facsimile seal of the County and the signature of the treasurer,
The Treasurer is authorized and directed to then deliver the Notes to the purchaser upon
receipt of the purchase price, which delivery may be made in the discretion of the Treasurer at one
time or in part at various times. The Notes will be delivered at the expense of the County In such
city or cities designated or agreed to by the Treasurer.
309. Renewal Notes. The Treasurer may by order authorize the issuance of renewal Notes -.
Renewal Notes shall be sold and the proceeds applied to the payment of the principal of rhe Notes
to be renewed, and shall not be subject to the approval of the Michigan Department of Treasury.
In the order authorizing renewal Notes, the Treasurer shall specify whether the Notes shall
be issued in accordance with this Article Ill, in which event the provisions of Article lit shall
govern the issuance of the Notes, or whether the Notes shall be issued in accordance with Article
in which event the provisions of Article Ii shall govern the issuance of the Notes, provided that
if Notes are to be issued in accordance with Article II, the order must provide for and shall govern
with respect to;
a. the aggregate amount of the Notes;
b. the date of the Notes;
c. the denomination of the Notes;
C. the maturities of the Notes, provided that the final maturity shall not be later than
May 1, 1988;
e. interest payment dates, provided that interest must be payable annually, semi-annually
or at maturity; and
f. whether some or all of the Notes are subject to redemption and, if so, when.
310. Mandatory Repayment of Notes. Notwithstanding Section 309 of this Resolution, on or
before each Mandatory Repayment Date the Treasurer shall repay from the 1985 Note Payment Fund and
1985 Note Reserve. Fund (as defined below) principal of and interest on Notes or renewal . Notes in an
amount sufficient to assure continued maintenance of the tax-exempt status of the interest on the
Notes. For purposes of this Section 310, "Mandatory Repayment Dale" shall initially mean the date
twelve months after the date of the original issuance of the Notes or the date on which the repayment
of Notes described above is first made, if earlier, and after such date shall mean the date which is
twelve months after the last Mandatory Repayment Date or the dote the next repayment of Notes de-
scribed above is made, if earlier.
311. Supplemental Agreements and Documents. The Treasurer, on behalf of the County, is
authorized to enter into so many or all of the following as may, in the Treasurer's discretion, be
necessary, desirable or beneficial in connection with the issuance of Notes under this Article Ill,
upon such terms and conditions as the Treasurer may determine appropriate:
a. A letter of credit, line of credit, or similar instrument, providing backUp liquidity
and/or credit support for the Notes;
b. A reimbarseMent agreement; revolving credit note, or similar instrument, setting forth
repayments of and security for amounts drawn under the letter of credit, line of credit or similar
instrument;
c. A marketing, placement or dealer agreement designating a marketing or placerent agent
or dealer and prescribing the duties of the marketing or placement agent or dealer with respect to
the sale of the Notes.
The expenses, fee% and charges of any kind payable in connection with such instruments
shall be paid as provided in the instruments.
312. Revolvialledit Notes. If the Treasurer enters into a revolving credit agreement
(the "Agreement")- pursuant to Section 31T above, such Agreement may call for the issuance of one
or more revolving credit notes (the "Revolving Credit Notes") for the purpose of renewing all or part
of maturing Notes issued pursuant to this Article Ill. Such Revolving Credit Notes shall be issued
pursuant to this Article Ill, but the Treasurer may, in the Revolving Credit Agreement, agree that
the Revolving Credit Notes shall he subject to the following:
a. They may be issued in bearer form or registered form so long as the form of the Note
does not disqualify the interest on the Note from exemption from federal income taxation.
b. They may be dated as of the date of issuance or as of a date certain specified in the
Agreement, provided that no principal of any Revolving • Credit Note shall be considered outstanding •
unless and until a loan or advance is made under such Revolving Credit Note pursuant to the Agreement..
Commissioners Minutes Continued. February 14, 1985
c. They may be subject to redemption at such Limes, upon such terms and upon the eiving
of such notice as may be provided in the Agreement.
d. Interest on the Revolving Credit. Notes may be payable on maturity, on- prior redemption,
monthly, quarterly, or as otherwise provided in the Agreement.
e. The Revolving Credit Notes may mature on one or more date or dates on or before May
1988* as provided in the Agreement.
f. The Treasurer may, at the time of the original issuance of Notes pursuant to this
Article III, execute and deliver one Revolving Credit Note in a maximum principal amount not- ex-
ceeding 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 re-
duced) provided that attached to such Note is a schedule on which loans and repayments of principal
and interest are evidenced and further provided that the making of a loan and the evidencing, of such
loan on the schedule of any such Note shall constitute the issuance of a renewal Note for purposes
of this Article III,
IV
VARIABLE INTEREST RATE
401. At the option of the Treasurer, exercisable by order, the Notes, whether issued
pursuant to Article II or Article Ili above, may be issued with interest rates that vary during
the life of the Notes, not, however, exceeding the maximum rate of interest permitted by law. The
order of the Treasurer shall provide how often interest rates shall be subject to recalculation
and the formula or procedure for determining the variable rate. Such formula or procedure shall
be as determined by the Treasurer but shall be based upon any one or more of the following indices:
A. Publicly reported prices or yields of obligations of the United States of America;
B. An index of municipal obligations periodically reported by a nationally recognized
source;
C. 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.
A 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 third party municipal bond specialist
provided such rate must be within a stated percentage range of one or more of the indices set
forth above.
402. Supplemental Agreements and Documents. The Treasurer, on behalf of the County, is
authorized to enter into as many or all of the following as may, in the Treasurer's discretion, be
necessary, desirable or beneficial in connection with the issuance of Notes with variable interest
rates, upon such terms and conditions as the Treasurer may determine appropriate:
A. A letter of credit, line of credit, or similar instrument, providlng backup liquidity
and/or credit support for the Notes;
B. A reimbursement agreement, revolving credit note, or similar instrument, setting
forth repayments of and security for amounts drawn or advances under the letter of credit, line of
credit or similar instrument;
C. A marketing, placement or dealer agreement designating a marketing or placement agent
or dealer and prescribing the duties of the marketing or placement agent or dealer with respect to
the sale of the Notes;
D. A put agreement allowing the purchaser of the Notes to require the County to repur-
chase the Notes upon demand at such times as may be provided in such put agreement.
The expenses, fees and charges of any kind payable in connection with such instruments
shall be paid as provided in the instruments.
403. If the Treasurer decides to issue the Notes on a variable interest rate basis the
form of Notes attached as Appendix A or Appendix B shall be altered accordingly. If the Notes are
offered- for public sale the form of Notice of Sale attached as Exhibit A to Resolution 3 below
shall also be altered to reflect the variable interest rate option..
MULTIPLE SERIES OPTIONAL
501. Issuance of Multiple Series, At the option of the Treasurer, exercisable by order
of the Treasurer, the Notes may be issued in two or more series designated General Obligation
Limited Tax Notes, Series 1985-1, General Obligation Limited Tax Notes, Series 1985-11, and so on
with subsequent series being designated with succeeding Roman numerals. The Notes of each such
series shall be issued according to this Resolution in all respects (and the word "Notes" shall
be deemed to include each series of Notes throughout this Resolution) provided that:
a. The Notes of all series may not exceed in aggregate amount the maximum aggregate
-amount permitted under Section 102 above;
b. Each series may be issued pursuant to Article 11 or Article Ill (with or without the
variable interest rate option provided in Article IV) and different series may be issued pursuant
to different Articles;
c. A series may be issued under Article II for only one or two of the annual maturities
set forth in Article 11 with the balance of the annual maturities belng issued under Article 1 1 or
under Article III in one or more other series, provided the minimum annual maturities set forth -in
Section 203- above shall be reduced and applied pro rata to all Notes so issued; end.
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Commissioners Minutes Continued. February l 1585
d. -Notes of all series issued pursuant to Article. it above may not, ;n aggregate, mature
in amounts or on dates exceeding the maximum authorized maturities set forth in Section 203 above.
502. Notes Secured Parl Passu. If the Notes are sold in multiple series pursuant to this
Article V. each series of Notes shall be secured pari .passu with the .other by the security described
in and the amounts pledged by Article VI below, subject to the following:
6. Separate sub-accounts shall be established in the 1985 Note Reserve Fund for each series
of Notes, in to which shall be deposited the amount borrowed for such Fund for each suCh series, • ebb-
each such sub-account shall secure only the particular series for which such sub-account was created;
h. Separate sub-accounts shall he established in the 1985 Note Pgyment Fund ard alt amounts
deposited in such Fund shall be allocated to such sub-accounts as tot laws one crib-account shall -be
created for all Notes issued pursuant to Article 1! of this Resolution into which shall be allocated
that percentage of all deposits to the 1985 Note Payment Fund equal to the percentage that Notes
issued pursuant to Article It bears to the total Notes issued under this Resolution) and one sub-
account shall be created for all Notes issued pursuant to Article It of this Resolution (nto which
shall be allocated that percentage of all deposits to the 1985 Note Payment Fund equal to the per-
centage that Notes issued pursuant to Article III boars to the total Notes Issued pursuant to this
Resolution), provided that if the various series are issued at different times sums deposited to the
1985 Note Payment Fund prior to the issuance of any series shall he subject to re-allocation among
the two sub-accounts upon the issuance of such series to achieve the required balance between the
sub-accounts established pursuant to this subsection 502.b., and further provided that if Notes are
issued in any series for one or two annual maturities under Article II, hut not all three, the
Treasurer shall upon issuing such Notes, order the appropriate adjustment to allocation among the
two sub-accounts to reflect the particular cash flow requirements of such series; and
c. The amounts in each sub-account estab1ished in subsection 502.h. above shall secure
only the Notes issued under the Article for which such sub-account was established until ;it'd; Notes
and interest on such Notes are paid in full, after which the amobnts in such sub accountshall be
added to the amounts in the other sub-account and used as part of such other sub-account e secure
all Notes and interest on such Notes for which such other sub-account was created until paid in full.
503. Note Form and Notice of Sale_ If the Notes are sold in multiple series pursuant to
this Article V, the Treasurer is authorized and directed to make such changes to the tom or the
notes approved by this Resolution and the form of Notice of Sale approved by separate Resolution be-
low, as may, in the Treasurer's- discretion, be necessary to reflect the issuance of the Notes in
more than one series.
VI
FUNDS AND SECURITY
601. 1585 100% Tax Payment Fund. There is hereby established the 1585 lOOb Tax Payment
Fund (the "Fundurriali- the funds and accounts set forth below are a part.
602. 1585 Account. The Treasurer shall designate a portion of the proceeds of the
original issuance of the Notes (not to exceed the Delinquent Taxes) to establish Fund Account No._
of the County (the "1985 Account") and shall apply such 1985 Account to the payment of the Delinquent
Taxes in Accordance with Act 206.
603. 1585 Note Reserve Fund. There is hereby established the "1985 Note Reserve Fund",
into which the Treasurer shall deposit the balance of the proceeds from the original issuance of
Notes (excluding accrued interest and premium, if any).
All money in the 1985 Note Reserve Fund, except as provided below, shall be used solely
for payment of principal of, premium, if any, and interest on the Notes to the extent that moneys
required for such payment are not available in the 1985 Note Payment Fund. Money in the 1985 Note
Reserve Fund shall be withdrawn first for payment of principal of, premium, if any, and interest on
the Notes before other County general funds are used to make the payments. All income or interest
earned by, or increment to, the 1985 Note Reserve Fund, due to-its investment or reinvestment, shall
be deposited in such fund, provided, however, that any and all amounts in the 1985 Note Reserve Fund
in excess of 15% of the face amount of the Notes initially issued under this Resolution shall be
transferred on receipt to the 1985 Note Payment Fond and used to pay the principal of, premium, if
any, and interest on the Notes next due. When the 1985 Note Reserve Fund is sufficient to retire .
the Notes and accrued interest thereon, it may be used to purchase the Notes on the market, or„ if
the Notes are not available_ to retire. the Notes when due.
604. 1985 Note Payment Fund. There is hereby established the Fund Collection Account
No, of the County (the "1985 Note Payment Fund"), effective as of March 1, 1985, into which
accoUOt the Treasurer is directed to deposit promptly On receipt all of the following payments re-
ceived on account of the Delinquent Taxes:
A. All Delinquent Taxes collected on and after March 1, 1985, and all interest on such taxes;
B. All property tax administration fees on the Delinquent Taxes once the expenses of this
borrowing have been paid; and
C. Any amounts which are received by the Treasurer from the taxing units within the County
because of the uncollectability of the Delinquent Taxes.
605. -Pledge. The following moneys are pledged to the .repayment of the Notes and shall be
used solely for repayment of the Notes until the Notes, premium, if any, and Interest on the Notes
are paid in full:
A. All amounts held in the 1985 Note Payment Fund;
B. All.amounts held in the 1985 Note Reserve Fund and
C. All amounts curbed from the investment of moneys held in either the 1985 Note Payment
Commissioners Minutes Continued. February IA, 1985 39
Fund or the 1985 Note Reserve Fund.
606. Limited Tax General Obligation. In addition, this Note issue shall be a general
obligation of the. County, secured by its full faith and credit which includes the Ilmited tax•
obligation of the County, within applicable constitutional and etattitore limits and its -general
funds., The County budget shall provide that if the Delinquent Taxes and any other pledged amounts
are cot .collected in sufficient amounts to meet the payments of d the principal and interest -40e de-
these Notes, the County, before paying any other budgeted amounts, will promptly advance from its
general funds sufficient money to pay that principal and interest.
If the amounts pledged under Section 605 are not sufficient to pay the aeinciaal and
interest when due, the County shall pay the same from its general funds or other available sources,
as provided in this paragraph, and may later reimburse itself from tbe•Delineuent Taxes collected.. •
The County shall not have the power to levy any tax for the payment of the Notes ln -excess
of its constitutional or statutory limits.
607. Security for Renewal, Refunding or Advance Refunding Netes. Renewal, refunding or
advance refunding Notes shall be secured by the same security securing the Notes being renewed, re-
funded or advance refunded. The moneys pledged. in Section 605 for the repayment of the Notes are
re-pledged for repayment of the principal of and interest on any renewal, refunding or advance re-
funding Notes issued pursuant to this Resolution. Furthermore, such renewal, refunding or advance
refunding Notes shall be a general obligation of the County, secured by its full faith and credit
which shall include the limited tax obligation of the County, within applicable constitutional and
statutory limits, all as more fully provided in Section 406 above.
608. Use of Funds After Full Payment or Provision for Payment. After all principal of,
premium, if any, and interest on the Not have been paid in full or provision has been made for the
payment of such principal, premium, if any, and interest by investments of pledged amounts in direct
obligations of the United States of America in amounts and with maturities sufficient to pay all such
principal, premium, if any, and interest when due, any further collection of Delinquent Taxes and all
moneys in any fund or account of the Fund, and any interest or income on any such amounts, may be
used (i) to pay any or all delinquent taxes for a year other than 1984 which are due and payable to
the County, any school district, community college district, city, township, special assessment or
drainage district, or any other political unit for which delinquent tax payments are due on settle-
ment day with the Treasurer or any city or township treasurer or (ii) for any ether proper purpose
within the County's 1005 Tax Payment Fund.
VII
MISCELLANEOUS PROVISIONS
701. Expenses. The expenses of borrowing in connection with the Notes shall be paid from
the property tax administration fees collected on the Delinquent Taxes, from any funds in the Fund
not pledged to the repayment of these Notes or from any funds in the 100? Tax Payment Fund not
pledged to the repayment of any other notes.
702. Application to Department of Treasury; Exception. The Treasurer is authorized to
make application to the Department or Treasury on behalf of the County for an order permitting this
County to make this borrowing and issue the Notes. If the Treasurer deems it appropriate, the
Treasurer is alternatively authorized to apply for an exception to prior approval of the Department
of Treasury from the Department.
703. Bond Counsel, The Notes (and any renewal, refunding or advance refunding Notes)
shall be delivered with the unqualified opionion of bond counsel chosen by the Treasurer, which
selection may, at the option of the Treasurer, be for one or more years. The cost of this legal
opinion and the printing of the Notes will be at the expense of the County, but the expenses will
be paid, as provided in this Resolution, from the County's 1005 Tax Payment Fund.
704. Complete Records. The Treasurer shall keep full and complete records of all de-
posit § to and withdrawals from each of the funds and accounts in the Fund and of all other transactions
relating to such funds and accounts, including investments of money in, and gain derived from, such
funds and accounts.
705. Chargebacks. Delinquent Taxes not paid of recovered at or prior to the May 1987 tax
sale shall be charged back to the local units in such fashion as the Treasurer may determine, and
the proceeds of such chargebacks shall be deposited into the 1985 Note Payment Fund no later than
April 15, 1988.
706. Investments. The Treasurer is authorized to invest all moneys in the 1005 Tax Pay-
ment Fund in any one or more of the investments authorized as lawful investments for counties under
Act No. 20 of the Michigan Public Acts of 1943, as amended.
707. Bearer Notes. If any series of Notes may be issued in bearer form without interest
on such Notes losing the federal income tax exemption, the Notes may, by order of the Treasurer,
be so issued. In such event. the Notes shall be payable at a paying agent designated by the County.
Treasurer, which paying agent may be the County itself, and the forms of Note and Notice of Sale
shall be changed accordingly.
708. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is mutilated, lost,
stolen or destroyed, the Treasurer may, on behalf of the County, execute and deliver, or order the
Registrar 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.
40
Commissioners Minutes Continued. February 14, 1985
In the case of a mutilated Note, a replacement Note shall not be delivered unless and
until such mutilated Note is surrendered to the Treasurer or the Registrar designated by the Treasurer.
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 shall have received such proof of ownership and lot.. and indem-
nity as they determine to be sufficient, which shall consist at tea -ei of (i) a loSC Mistreent hetryd
felt prititiidal and interest remaining unpaid on the lost, stoten or destroyed Note, (ii) an affidavit
of the hecitttered owner (or his or her attorney) setting forth uf,,ncip of the Note lost, stolen or
destroyed and the circumstances under which it was. lost, stolen et destroyed: (iii) the agreement of
the owner of the Note (or his or her attorney) to telly indemnify the County and the Registrar
against loss due to the lost, stolen or destroyed Note and the Itsuente of any replacement Note in
connection with it; and (iv) the agreement of the owner of tla, Net.,t (or his or her attorney) to pay
all expenses of the County and the Registrar in connection with the replacement, Including the -trans-
fer and exchange costs which otherwise would be paid by the County.
For purposes of this Section, "Registrar" shell be construed to include the eaving agent
appointed with respect to any Notes issued in bearer form.
709. Arbitrage Covenant. Notwithstanding any other nrovision of this resolution or other
resolutions previously adopted, the County covenants with the purchaser (within the met -tiling of
Sections 1,103-13, 1.103-14 and 1.103-15 of the Income Tax Regulations prescribed by the CommisSioner
of Internal Revenue) of the Notes, that the County will make no use of the proceeds of the Notes
which, if such use had been reasonably expected on the date of issuance of the Notes, wield have
caused the Notes to be "arbitrage bonds," as defined in Section 103(c) of the internal Revenue Code
of 1954, as amended, and all rules and regulations relating to such Section.
APPENDIX A
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
GENERAL OBLiGATION LIMITED TAX NOTE, SERIES 1985
Rate Maturity Date Date of Origiralttssue
The County of Oakland, Michigan (the "County"), acknowledges itself indebted ., and for value
received, promises to pay on the date specified above to or its registered assigns shown as
the owner of record of this note on the books of note registrat (the. "Note Registrar")
on the applicable date of record the principal sum of Dollars, upon presentatlen and
surrender of this note at , together with interest thereon at the rate per annum
specified above payable on October 15, 175, and semiannually thereafter on the fifteenth day of
April and October in each year to the registered owner of record by first class maii. The date
of record shall be September 30 with respect to payments made on October 15, and March 31 with re-
spect to payments made on April 15.
This note is one of a series of notes of like. date and tenor, except as to maturity
, numbered from i upwards, aggregating the principal sum of Dollars
Ts ), issued under and pursuant to and in full conformity with the Constitution and Statutes
of the State of Michigan and especially Act No. 206 of the Michigan Public Acts of 1893, as amended,
and a certain 1985 Borrowing Resolution (1984 Delinquent Taxes) adopted by the County. The proceeds
of this series of notes will be used to make payments to all taxing units in the County for the 19.84
real property taxes returned to the County Treasurer as delinquent on or before March 1, 1.985, and
for the purpose of establishing a 1985 Note. Reserve Fund in an amount. of $
For the payment of the principal of and interest on these notes, the following amounts are
pledged: (1) all of the collections of the 1984 real property taxes due and payable to teeing units
in the County, including the County, which were returned delinquent on March 1, 1985,- together with
all interest on such taxes; (2) all of the property tax administration fees on such delinquent taxes,
once the expenses of borrowing have been paid; and (3) any amounts which are received by the County
from the taxing units within the County because of the uncollectability of such delinquent taxes. In
the event the foregoing amounts are insufficient for any reason -to meet the prompt payment of the
principal of and interest on these. notes when duo, the moneys in the 1985 Note Reserve Fund shall be
used to make such payment.
In addition, this note is a general obligation of the County secured by its full faith and
credit which shall include the limited tax obligation of the County, within applicable constitutional
and statutory limits, and its general funds. The County, however, does not have the power to levy any
tax for the payment of these notes in excess of its constitutional or statutory limits.
Notes maturing in 1986 and 1987 shall not be subject to redemption prior to maturity. Notes
maturing on April 15, 1988, may be redeemed in whole or in part on any date or dates on or after
April 15, 1987, at the option of the County Treasurer at par, plus accrued interest to the redemption
date.
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 that less then the
entire principal amount of ei•note is called for redemption, upon surrender of the note to the Note
Registrar, the Note Registrar shall authenticate and deliver to the registered owner of the. note a
new note in the principal amount of the principal portion not redeemed.
Commissioners Minutes Continued. February 14, l985 41.
Notice of redemption shall be sent to the registered holder of each note being ..redeemed
by first class mail at least thirty (30) days prior to the date fixed for redemption.. Any defect
in any notice shall not affect the validity 01 the redemption proceedings Notes so caifed 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.
This note is transferable on the note registration books of the Note.RegistrartipOn
surrender of this note together with an assignment executed by the registered owner or his or
her duly authorized attorney in form satisfactory to the Note Registrar. Upon such transfer, one
or more fully registered notes with denominations of $5,000 or any multiple of 51,000 over 55,000,
in the same aggregate principal amount and the same maturity and interest rate, will be issued to
the designated transferee on transferees.
It is hereby certified, recited and declared that all acts, conditions and things required
to exist, happen and be performed precedent to and in the issuance of the notes of this series, exist,
existed, have happened and have been performed in due time, form and manner as required by the Con-
stitution and Statutes of the State of Michigan.
IN WITNESS WHEREOF, the County of Oakland, Michigan, has caused this note to be executed
in its name with the facsmTile signature of its Treasurer, has caused a facsimile of its corporate
seal to he affixed to it, and has caused this note to be certified by the Note Registrar, as the
County's authenticating agent, all as of the Date of Original Issue set forth above.
COUNTY OF OAKLAND
DATE OF AUTHENTICATION: By: (facsimile)
Treasurer
NOTE REGISTRAR'S CERTIFICATE
The undersigned certifies that this note is one of the notes of the issue designated therein issued
pursuant to the Resolution described therein.
as Note Registrar
By
Authorized Signature
APPENDIX ti
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
GENERAL OBLIGATION LIMITED TAX NOTE, SERIES 1985
Date of Issuance Maturity Date Rate
The County of Oakland, Michigan (the "County"), acknowledges itself indebted, and for
value received, promises to pay on the date specified above to BEARER the principal sum of
) Dollars, together with interest on the same from the Date of
Issuance set forth above at the Rate per annum specified above payable on maturity. Both principal
of and interest on this note are payable' upon presentation and surrender of this note at
(the "Paying Agent").
This note is one of a series of notes of like tenor, except as to date, amount, maturity
and interest rate, numbered from I upwards, initially issued in an aggregate amount of
) Dollars, all or part of which amount may from time to time be renewed at maturity
by issuance of new notes of this series, issued under and pursuant to and in full conformity with
the Constitution and Statutes of the State of Michigan and especially Act No. 206 of the Michigan
Public Acts of 1893, as amended, and a certain 1985 Borrowing Resolution (1984 Delinquent Taxes)
adopted by the County. The proceeds of this note and other notes of this series will be used to
make payments to all taxing units in the County for the 1984 real property taxes returned to the
County Treasurer as delinquent on or before March 1, 1985, for the purpose of establishing a 1985
Note Reserve Fund, and/or for the purpose of providing funds to pay principal of other notes of this
series on maturity in order to renew the obligations represented by such notes.
For the payment of the principal of and interest on this note, the following amounts are
pledged (except to the extent previously used to pay principal of and interest on other notes of
this series): (1) all of the collections of the 1984 real property taxes due and payable to taxing
units in the County, including the County which were outstanding and uncollected on March 1, 1985,
together with all interest on such taxes; (2) all of the property tax administration fees on such
delinquent taxes, once the expenses of borrowing have been paid; and (3) any amounts which are re-
ceived by the County from the taxing units within the County because of the uncollectability of such
delinquent taxes, In the event the foregoing amounts are insufficient for any reason to meet the
prompt payment of the principal of and interest on this note when due, the moneys in the 1985 Note
Reserve Fund shall be used to make such payment.
In addition, this note is a general obligation of the County secured by its full faith
and credit which shall include the limited tax obligation of the County, within applicable con-
stitutional and statutory limits, and its general funds. The County, however, does not have the
power to levy any tax for the payment of this note in excess of its constitutional or statutory
liMits.
It is hereby certified, recited and declared that all acts, conditions and things required
42
Commissioners Minutes Continued. February 14, 1985
to exist, happen and he performed precedent to and in the issuance of this note exist, existed,
have happened and have been performed in due time, form and manner as required by the Constitution
and Statutes of the State of Michigan.
IN WITNESS.- WHEREOF, the County of Oakland, Michigan, has caused this note to he executed
in its name by its Treasurer and has caused ,) facsimile of its corporate seal to he affixed to it,
all as of the Date of Issuance set forth above.
COUNTY OF OAKLAND
By: U'acsmHe
Treasurer
Moved by Caddell supported by Gosling that Resolution 185036 be adopted
AYES: Price, Skarritt, Webb, Wilcox, Caddell, Doyon, Portion, Gosling, Hassberger, R. Kuhn,
Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson. (17)
NAYS: None. (0)
A sufficient majority having voted therefor, Resolution #85036 was adopted.
Misc. 85037
By Finance Committee
IN RE: Treasurer's Office - AUTHORIZATION FOR ADMINISTRATIVE FUND
To the Oakland County Board of Commissioners
•Mr. Chairperson, Ladies and Gentlemen:
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
Moved by Caddell supported by Lanni that Resolution 1185037 be adopted.
AYES: Skarritt, Webb, Wilcox, Caddell, Dovon, Fortino, Gosling, Hassberger, R. Kuhn, Lanni,
Law, McConnell, McPherson, Moffitt, Moore, Nelson, Price. (17)
NAYS: None. (0)
A sufficient majority having voted therefor, Resolution #85037 was adopted.
Misc. 85038
By Finance Committee
IN RE: Treasurer's Office - APPROVAL OF NOTICE OFSALE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
If a public sale is held, sealed proposals for the purchase of the Notes approYod in the
1985 Borrowing Resolution (1984 Delinquent Taxes) shall be received up to such time as shell later
be determined by the Treasurer, and notice shall be published in accordance with law, once in at
least one of, the Bond Buyer, Michigan Investor, or Detroit Legal News, each of which is a publi-
cation printed in the English language and circulated in this State, which carries as a part of its
regular service, notices of sale of municipal bonds. The notice (the "Notice of Sale"). shall be in
substantially the form as that attached to this Resolution as Exhibit A.
Mr, Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William. Caddell, Chairperson
EXHIBIT A
OFFICIAL NOTICE OF SALE • -
COUNTY OF OAKLAND
STATE OF MICHIGAN
GENERAL OBLIGATION LIMITED TAX NOTES, SERIES 1985
SEALED BIDS: Sealed bids for the purchase of General Obligation Limited Tax Notes,
Series 1985, of the County of Oakland (the "County"), Michigan, of the par value of $
will be received by the undersigned at the office of the County Treasurer, 1200 North Telograpfi Road,
Pohtiac, Michigan 48053 until Michigan Time, on , 1985, at which time
they will be publicly opened and read.
IN THE ALTERNATIVE.: Sealed bids will also be received on the same date and until the same
time by an agent Of the undersigned at the office of the Municipal Advisory Council of Michigan,
Commissioners Minutes Continued. February 14, 1985 Commiss 1+3
1158 First National Building, Detroit, Michigan 48226, where they will be publicly opened simuita-
neously. Bids opened at Detroit, Michigan, will be react-first, followed by the alternate Location.
Bidders May choose either location to present bids and good . faith. checks, but not both lecaei9ea,
AWARD The notes willbe awarded to the succeesful bidder at a proceeding conducted by
the County Treaaurer approximately thirty minutes after all bids have been opened on that dote..
NOTE -DETAllSe The-notes will be fully registered notes of. the denomination of S5,.ae
each or any multiple of $1000 over $5,000, as designated by the purchaser; will bear interest.
from their date payable on October 15, 1985, and semiannually thereafter; will be dated •.. , 1985;
will be numbered from I upward, and will mature serially on April• 15 in years and amounts as follows:
YEAR AMOUNT
IT8W $•
1587 S-------- 1988
PRIOR REDEMPTION: Notes maturing in 1986 and 1987 shall not be subject to redemption prior
to maturity. Notes maturing on April 15, 1988, may be redeemed in whole or in part on any date bi
dates on or after April 15, 1987, at the option of the County Treasurer at par, plus accrued Interest
to the redemption date.
With respect to partial redemptions, any portion of a note outstanding in a deeomination
larger that the minimum authorized denomination may be .redeemed provided such portion as well as
the amount not being redeemed constitute authorized denominations. In the event that less than
the entire principal amount of a note is called for redemption, upon surrender of the note to the
Note Registrar, the Note Registrar shall authenticate and deliver to the registered oWner of the
note a new note in the principal amount of the principal portion not redeemed.
Notice of redemption shall be sent by first class mail to the registered holder of each
note being redeemed at least thirty (30) days prior to the date fixed for redemption. 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.
INTEREST RATE AND BIDDING DETAILS. The notes will bear interest from their date at a
rate or rates specified by the successful bidder, not exceeding % per annum, expressed in
multiples of 1/8 or 1/20 of 1%, or any combination thereof. Interest on the notes of any maturity
shall be at one rate only, and the difference between the highest and lowest rate of interest bid
shall not exceed four percent (4%). A discount of not to exceed % may be bid on the notes.
NOTE REGISTRAR AND DATE OF RECORD. has been selected as Note
Registrar for the notes. The Note Registrar will keep records of the registered holders of the
notes, serve as transfer agents for the notes, authenticate the original and any re-issued notes
and will pay principal and interest to the registered holders of the notes as shown on the records
on the applicable date of record. The date of record shall be September 30 with respect to payments
made on October 15, and March 31 with respect to payments made on April 15.
PURPOSE: The notes are issued for the purpose of establishing the 10CF% Tax Payment Fund .
of the County for the 1984 tax - year and for the purpose of establishing a $ 1985 Note
Reserve Fund.
PRIMARY SECURITY: The notes are primarily secured by: (1) all of the collections of the
1984 real property taxes due and payable to taxing units in the County, including the County, which
were returned delinquent on March 1, 1985, together with all interest thereon; (2) all of the property
tax administration fees on such delinquent taxes, once the expenses of borrowing have been paid; and
(3) any amounts which are received by the County from the taxing units within the County becauee of
the uncollectability of such delinquent taxes.
NOTE RESERVE FUND: In the event the primary security is insufficient te meet the prompt
payment of the principal or, premium, if any, and interest on these notes when due, for any reason,
the moneys in the 1985 Note Reserve Fund shall be used to make such payment. All moneys in the. 1585
Note Reserve Fund shall be used solely for payment of principal of and interest on the notes or for
the purchase of notee for which the feed was established. Moneys in the 1985 Note Reserve Fund shall
be withdrawn first for payment of principal of and interest on the notes before other County general
funds are used to make the payments, 4hen the 1985 Note Reserve Fund is sufficient to retire the
notes and accrued interest thereon, it may be used for purchase of such notes on the market, or It
notes are not available, to retire notes when due.
GENERAL OBLIGATION WITHOUT UNLIMITED POWER TO TAX. In addition, this note issue i5 a
general obligation of the County, secured by its full faith and credit, which shall include the
limited tax obligation of the County, within applicable constitutional and statutory limits, and
its general funds. THE COUNTY DOES NOT HAVE THE POWER TO LEVY ANY ADDITIONAL TAXES FOR THE PAYMENT -
OF THE NOTES IN EXCESS OF ITS CONSTITUTIONAL AND STATUTORY LIMITS.
(The following paragraph is optional and will be inserted in the Notice of Sale if the
note issue qualifies for insurance.)
NOTE INSURANCE: has issued a commitment for
municipal bond insurance covering the notes. All bids shall be conditiOned -upon the issuance effective
as of the date on which the notes are issued, of a policy of insurance by guaranteeing the payment of
principal and interest on the notes. Each note will heat a legend referring to the insurance. The
purchaser, holder or owner is not authorized to make any statement regarding the insurance •beyond
44
Commissioners Minutes Continued. February 14, 1985
those set out here and In the note. legend.
AWARD OF THE NOTES: For the purpose of awarding the notes, the interest cost of .each
bid will be computed by determining, at the rate specified therein, the total dollar amount of
all interest on the notes from , 1985, to their- maturity and deducting therefrom
any premium or adding thereto any discount. The notes will be -awarded to the bidder whosee.bid
on the above computation produces the lowest interest to the County. No proposal for less than
Of par, nor less than all the notes, will be •considered. Each bidder., for the _convenience
or the Count, - shall state in his bid the net interest cost to the County,- computed in the manner
above specified.
GOOD FAITH: A certified check, cashier's check or bank money order in the amount of 2%
of the par value of the notes drawn upon an incorporated bank or trust company and payable to the
order of the County Treasurer must accompany each bid as a guarantee of good faith on the part of
the bidder, to be forfeited as liquidated damages if such bid is accepted and the bidder fails to
take up and pay for the notes, No interest will be allowed on goed faith deposits. The good faith
check of the winning bidder will be promptly cashed, and the amount received therefor will be cred-
ited against the purchase price as of the date of delivery. Checks of enkuccessful bidders will be
promptly returned to each bidder's representative or returned by registered mall, in the event the
notes cannot be issued at delivered for any reason, the County will pay back to the successful bidder
the principal amount of the good faith check without interest.
LEGAL OPINION: Bids shall be conditioned upon the unqualified approving opinlan of Axe &
Schwartz, attorneys of Bloomfield Hills, Michigan ., approving the legality of the notes, a copy of
which will be printed on each note, and the original of the opinion will be delivered without ex-
pense to the purchaser of the notes at the delivery of the notes.
DELIVERY OF NOTES: The County will furnish notes ready for execution at its e/pense at
Detroit, Michigan, Chicago, Illinois, or New York,-New York. The usual documents, inclaeirg a
certificate that no litigation is pending, affecting the issuance of the notes, will be ..'livered
at the time of delivery of the notes. If the notes are not tendered for deliVery by twelve o'clock
noon, Michigan Time, on the 45th day following the date of sale, or the first basiness day thereafter,
if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter
until delivery of the notes, withdraw his proposal by serving notice of cancellation on the under-
signed, in writing, in which event the County shall promptly return the good faith deposit. Payment
for the notes shall be made in Federal Reserve funds. Accrued interest to the date of delivery of
the notes shall be paid by the purchaser at the time of delivery.
CUSIP NUMBERS: Cusip numbers have been applied for and Will be printed on the notes at
the expense of the County. The printing of incorrect Cusip numbers or the failure to print the
Cusip numbers on the notes shall not constitute cause for the purchaser to refute delivery . of the
notes.
ADDITIONAL INFORMATION: Further information may be obtained from the Oakland County
Treasurer at the address specified above or from John R. Axe, Brad S. ROtledge or James Van toozen
at Municipal Financial Consultants Incorporated, 300 E. Long Lake Road, Suite 300, Bloomfield-Hills,
Michigan 48013, telephone number (313) 540-0567.
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
ENVELOPES: Envelopes containing the bids should be plainly marked "Proposal for General
Obligation Limited Tax Notes."
C. Hugh Dohahy
Oakland County Treasurer
Moved by Caddell supported by Webb that Resolution #85038 be adopted.
AYES: Webb, Wilcox, Caddell, Doyon, Fortino, Gosling, R. Kuhn, Lanni, Law, McConnell,
McPherson, Moffitt, Moore, Price, Rewold, Skarritt. (16)
NAYS: None. (0)
A sufficient majority having voted therefor, Resolution #85038 was adopted.
Misc. 85039
By Finance Committee
IN RE: Personnel Department - LEGAL FEES - EMPLOYMENT DISCRIMINATION LAWSUIT - JAMES DREW -vs OAKLAND
COUNTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #82236 authorized hiring of outside legal counsel to defend
the County in a race discrimination suit; and
WHEREAS to-date authorized paid legal services tetal $50,949, consistent with the attached
schedule; and
WHEREAS an additional $7,016.01• is requested for legal services rendered from July 1984
to October 31, 1.984; and
WHEREAS attorney fees include charges for depositions, mOrtions, attorney time and trans-
cripts; and
Commissioners Min Continued, February 14e 198$
WHEREAS Corporation Counsel finds the attorney fees charged to be reasonable for services
rendered and recommends payment in the amount of $7,016.01.
NOW THEREFORE BE IT RESOLVED that the Finance Committee finds 57,016.01 available in the
1985 Contingency Account to cover said chat.
BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $7,017 from the 1985
Contingency Account and transfers said amount to the CorporaCon Counsel Budget-Legal Expense
Act-Otint as follows:
909-01-00-9900 Contingency $(7,017)
115-01-00-3456 Legal Expense 7,017
- 0 -
Mr. Chairperson, on behalf of the Finance Committee, •I move the adoption of the forcing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Skarritt the resolution be adopted.
AYES: Wilcox, Caddell, Doyon, Fortino, Gosling, R. Kuhn, Lanni, Law, McConnell, McPherson,
Moffitt, Moore, Nelson, Price, Remold, Skarritt, Webb. (17)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adapted.
Misc. 85040
By Finance Committee
IN RE: Management and Budget - POSTAL RATE INCREASE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the U.S. Postal Service has scheduled a rate increase effective February 17, 1985;
and
WHEREAS the financial impact of the announced rate increase on Oakland County's Governmental
Funds amounts to $39,862 for the balance of 198$; and
WHEREAS the individual departmental budgets and the Printing and Mailing Internal Service
Fund budget need respective appropriations and amendments to reflect the postal rate increase and
adhere to the requirements of the General Appropriations Act.
NOW THEREFORE BE IT RESOLVED that the Board of Connissionersappropriates $39,862 from the
1985 Contingency Account and transfers said amount to the proper departmental budgets as detailed in
the attached schedule.
BE IT FURTHER RESOLVED that the Estimated Revenue and Cost of Sales budgets of the Printing
and Mailing. Internal Service Fund be amended., per the attached schedule, to reflect the postage rate
increase effective February 17, 1985.
MT. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Copy of Schedule on file in County Clerk's Office.
Moved by Caddell supported by Gosling the resolution be adopted.
AYES: Caddell, Doyon, Fortino, Gosling, R. Kuhn, Lanni, Law, McCannell, McPherson, Moffitt,
Moore, Price, Rewold, Skarritt, Webb, Wilcox. (16)
NAYS: Nelson. (I)
A sufficient majority having voted therefor,. the resolution was adopted.
Misc. 85041
By Finance Committee
IN RE: Drain Commissioner - AUTHORIZATION TO RETAIN OUTSIDE LEGAL COUNSEL - VILLAGE OF BEVERLY MILLS
vs OAKLAND COUNTY ATCHISON DRAIN PROJECT
To the Oakland County Board of Commissioners
MT. Chairperson, Ladies and Gentlemen:
WHEREAS the Village of Beverly Hills has filed a civil complaint in the Oakland County
Circuit Court naming as defendants George W. Kuhn, the Oakland County Drain Commissioner and the
Atchison Relief Drainage Board; and
WHEREAS the Village of Beverly Hills makes a series of allegations in its complaint that
the actions taken by the Drainage Board for the Atchison Drain were improper and unlawful; and
WHEREAS the Village. of Beverly Hills seeks to obtain a permanent injunction against the
Drainage Board to prevent the collection of a special assessment against the Village of Beverly
Hills for its share of the cost of the Atchison Drain Project: and
46
Commissioners Minutes Continued. February 14, 198S
WHEREAS the Corporation- Counsel Division has been advised by the Home Indemnity Comnany
that no insurance coverage will be afforded Oakland County under the terms of its liability policy;
and
WHEREAS the Drainage Board For the Atchison Drain be that the legal position taken
by the Village of Beverly Hills is without merit and that the lawsuit brought by the Village of
gtifly HMS should be vigorously defended; and
WHEREAS the Drainage Board for the Atchison Drain recommends that the legal firm of
Dickinson, Wright, Moon, VanDusen f, Freeman be retained by 0.;k1.,940 County to defend the pending
litigation initiated by the Village of Beverly Hills; and
WHEREAS the Corporation Counsel Division concurs in the recommendation of the Drainage
Board that outside legal counsel be retained to defend the interests of .0akland County and the
Atchison Drain in the subject litigation.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby authorizes the re-
tention of the legal firm, Dickinson, Wright, Moon, VanDusen fr Freeman to defend Oakland County
in the pending litigation initiated by the Village of Beverly Hill> regarding the Atchison Drain
Project, in an amount not to exceed $2,500.00.
BE IT FURTHER RESOLVED that the Board of Cortimissioners appropriates $2,500 from the 1985
Contingency Account and transfers said amount to the Drain Commissioner budget-Legal Expense
Account as follows:
909-01-00-9900 Contingency $(2,500)
611-01-00-3456 Legal Expense 2,500
- 0 -
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 Gosling the resolution be adopted.
AYES: Fortino, Gosling, R. Kuhn, Lanni, Law, McConneLi, McPherson, Moffitt, Moo
Nelson, Price, Rewold, Skamritt, Webb, Wilcox, Caddell. 06)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85042
By Finance COmmittee
IN RE: County Executive - URBAN MASS TRANSIT ADMINISTRATION (UMTA) CONTRACT AWARD
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution ;14246
authorized the application for grant funding in the amount of $188,500, for the period November 1,
1984 thru May 31, 1985, from Urban Mass Transit Administration (UMTA) for a planning study to
examine the feasibility of privately operated public transportation services In the County of
Oakland; and
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution 284258,
authorized and directed County Executive Daniel T. Murphy to file the above-described grant appli-
cation, to execute a grant contract, to execute such atfirmative action assurances and minority
business policies as are required by UMTA for purposes of the. above-described project, and to pro-
vide all other pertinent information requested by UMTA in connection with said project; and
WHEREAS UMTA awarded • the grant, and the Board of Commissioners by Miscellaneous Resolution
1184314, accepted the grant in the amount of $188,500 with an 802-208 match, UMTA funding, 5150,800 -
and the County matching • $37,700; and
WHEREAS the County Executive was authorized lo receive bids for the hiring of a Planning
Consultant and report said bids to the Finance Committee for its recommendation to the Board of
Commissioners for the Contract Award; and
WHEREAS the Evaluation Committee has reviewed all proposals submitted and recommends the
Urban Mobility Corporation, Washington, D.C., be awarded the contract for consulting' services sub-
ject to the approval of UMTA in the amount of $126,640; and
WHEREAS funding for the consulting firm is provided in said grant; and
WHEREAS the Corporation Counsel has -reviewed and approved said contract.
NOW THEREFORE BE IT RESOLVED as follows:
I) The contract proposal of Urban Mobility Corporation, Washington, D.C., be accepted, and
the contract be awarded to said corporation subject - to the approval of UMTA, in concurrence with the
Evaluation Committee's reconnendation,
2) Funds are provided for said contract in the UMTA grant,
3) The County Executive and the Chairperson of the Oakland County Board of Commissioner's
are hereby authorized to execute said contract, which is subject to the approval of UMTA, •
4) The award shall not be effective until the awardee has been notified in writing by the
County Executive.
Commissioners Minutes Continued. February 14, 1985 47
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 Gosling the resoliition he adopted.
AYES: Gosling, Hassberger, R. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore,
Nelson, Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Doyen, Fortino. (18)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Clerk read letter from Chairperson Richard R. Wilcox announcing the appointment of the
following individuals to serve on the Oakland County Substance Abuse Advisory Council for terms
ending October I, 1986:
James Evans, Mary Griffiths, Joan Ziegler, Sandra S. Wolf, James Neubacher, Ed.D.,
Sandra Schiff, Louisa Churches, Nan Taylor.
Moved by Gosling supported by Nelson the appointments be confirmed.
A sufficient majority having voted therefor, the appointments were confirmed.
Clerk read latter from Chairperson Richard R. Wilcox announcing the appointment of Betty
Fortino to serve as the County's representative on the Scott Lake Board.
Moved by Nelson supported by Skarritt the appointment be confirmed.
A sufficient majority having voted therefor, the appointment was confirmed.
Clerk read letter from Chairperson Richard A. Wilcox announcing the appointment of the
following persons to serve on the Oakland County Council for Emergency Medical Services for 1985/1986:
Chairperson - Joseph L. Schirle, Jr., M.D. and Vice Chairperson - Charles Tice.
Members:
HOSPITAL RESPRESENTATION: Edward Barter, John Karazim, M.D., Philip Wojiak, Joseph L.
Schirle, Jr., M.D.; David Malicke, D.0,; Jody W. Schottenfels, Ellen Al-Sorrel; Ronald Krome. M.D.
and Andrew G. Wilson, Jr., M.D.
FIRE DEPARTMENT REPRESENTATION: William Crouch
POLICE DEPARTMENT REPRESENTATION: Lee Begole
PUBLIC SAFETY REPRESENTATION: Charles Tice
COMMUNICATIONS REPRESENTATION: William S. No
BOARD OF COMMISSIONERS - Delegates: Thomas A. Low and Walter Moore
Alternates: W. A. Hassberger and Betty Fortino
EMERGENCY DEPARTMENT NURSES ASSOCIATION REPRESENTATION: Greg Webb, R.N.
CONSUMERS REPRESENTATION: Arthur Molinar, Charlotte DeRoven, Milton B. StuechelI
MUNICIPAL ALS SERVICES REPRESENTATION: Gary Whitner, Charles Lindeberg, Rollin G. Tobin,
Donald E. Richardson, Jr., Wendell Trager, Robert J. Lamson.
PRIVATE AMBULANCE SERVICES REPRESENTATION; Gregory Beauchemin, Patricia Quinn, Floyd
Miles, Jr., and Richard R. Rudlaff
BASIC LtrE SUPPORT SERVICES REPRESENTATION: Roger Gillespie
Moved by Webb supported by Nelson the appointments be confirmed.
A sufficient majority having voted therefor, the appointments were confirmed.
Misc. 85043
By Mr. Lanni
IN RE: DEPARTMENT OF CORRECTIONS' REGIONAL PRISON SITE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Corrections has planned two regional prison sites in
Oakland County; and
WHEREAS the Michigan legislature has recently appropriated funds for the planning and con-
struction of such sites; and
WHEREAS Michigan's need for additional prison capacity is urgent; and
WHEREAS the regional prison would require 30 acres to house a 500-bed, medium security
prison; and
- WHEREAS Clinton Valley Center is presently state-owned land, which is close to hospitals
and transnortat ion and zoned for institutional use.
Now THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports • the
MIEMI:51E
48
Commissioners Minutes Continued. February 14, 1985
location of at least one medium security regtonal prfson site on the north section of the Clinton
Valley Center grounds, contiguous to County property.
BE IT FURTHER RESOLVED that the perk be directed to send copies of this resolution to aM
Oakland County legislators, our Legislative Agent, and Messrs. Robert Naftaly and Jim Curran of the
Office of Management and Budget, Lansing, Michigan.
Mr. Chairperson, I move the adoption of the foregoing resolution.
James C. Lanni, Commissioner District vii
The Chairperson referred the resolution to the Public Services Committee. There were no
objections.
Misc. 85044
By Mr. Moffitt
IN RE: Children's Village - ESTABLISHMENT OF CHILDREN'S VILLAGE AND CAMP OAKLAND ADMINISTRATION
ADVISORY BOARD
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Probate. Judges and the present administration of Children's Village ,arici Camp
Oakland have historically demonstrated a sincere commitment to the development of programs, pro-
cedures and policies at Children's Village and Camp Oakland, and to the welfare of the children
residing there; and
WHEREAS the experience, expertise, and commitment of said present administration and the
Probate Judges is a valuable asset to the operation- of said facilities, and enhances the eielfare
of the residents of said facility; and
WHEREAS this wealth of experience, expertise and commitment should he formally available
through regular procedure to the County Executive to assist his administration of said facilities,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
establish a Children's Village and Camp Oakland AdMinjstration Advisory Board, which Board shall be
appointed by the County Executive and shall be comprised of the Director of Institutional and
Human Services, Probate Court Administrator/Probate Juvenile Register, one Commissioner from the
majority party, one Commissioner from the minority party, and one citizen member, and Ckildren's
Village Superintendent/Manager; and
BE IT FURTHER RESOLVED that the Children's Village and Camp Oakland Administration Advisory
Board shall have the responsibility of recommending and evaluating programs, procedures and policies
to the County Executive for the enhancement of the facilities operation and the welfare of its
residents, and shall meet at least once in each month.
Mr. Chairperson, I move the adoption of the foregoing resolution.
David L. Moffitt, Commissioner District g!5
The Chairperson referred the resolution to the Health and Human Resources Committee. There
were no objections.
misc. 85045
By Mr. Moore
IN RE: Social Services - REQUIRE HMO CONTRACTS TO SHOW HEALTH SERVICE LOCATIONS
To the Oakland County Board of Commissioners
Mr, Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Social Services is encouraging public assistance recipiehts
to enroll in Health Maintenance Organizations (HMO's) as a cost containment measure; ana
WHEREAS HMO's provide services through designated clinics, hospitals or contractual providers; ;
and WHEREAS an HMO service delivery area is based upon the assumption that patients have regular f
access to transportation, their safes promotions are based on this assumption; and
WHEREAS public assistance recipients frequently do not have ;access to reliable public or
private transportation.
THEREFORE BE IT RESOLVED that the Oakland. County Board of Commissioners recommend to the
Michkgan Department of Social Services that future contracts for medical services through HMO's
require the provider to include in their promotional literature a map showing the location of
primary and secondary health care services available through the HMO; and
BE IT FURTHER RESOLVED that all public assistance recipients shall be provided with this j
literature at least thirty days prior to the effective date of coverage, and shall have the oppor-
tunity to withdraw from enrollment within ten days afterenrollment without jntemruption of Medicaid
benefits.
Mr. Chairperson, I move the adoption of the foregoing resolution.
•-Walter Moore, Commissioner District A7
Hubert Price, Jr., Commissioner District PB
The Chairperson referred the resolution- to the Health and- Human Resources Committee. There
were no objections.
Commissioners Minutes Continued. February 14, 1985
Misc. 85046
By Mr. Law
IN RE: Drain Commissioner - THE ESTABLISHMENT OF A LAKE LEVEL FOR SYLVAN LAKE AND OTTER LAKE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Act 146 of the Public Acts of 1961, the Inland Lake Level Act, establishes a pre-
tedUre for the establishment of a legal lake level for inland lakes in the State of Michigart and
WHEREAS Sylvan Lake and Otter Lake, approximately 539 acres in size, located within the
Township of Waterford, City of Sylvan Lake, City of Keego Harbor and City of Pontiac are public
inland lakes; and
WHEREAS the establishment of a lake level for Sylvan Lake and Otter Lake under the pro-
visions of Act 146 of 1961 would provide for the protection of the public health, welfare and
safety, and would conserve the national resources of the state, and would preserve and enhance
property values around Sylvan Lake and Otter Lake; and
WHEREAS petitions have been received from freeholders owning lands abutting on Sylvan
Lake and Otter Lake in number equal to two-thirds (2/3) of the freeholders owning lands abutting
Sylvan Lake and Otter Lake; and
WHEREAS the petitioners maintain that the seasonal variation of inflow and evaporation
or other losses, combined with a lack of suitable control over outflow west of Telegraph Road,
causes low water levels on Sylvan Lake and Otter Lake to a degree and extent which is harmful to
the interests of the petitioners.
NOW THEREFORE BE IT RESOLVED that this Board of Commissioners, for the protection of
public safety and to preserve the natural resources of the state and to protect the value of
properties around Sylvan and Otter Lakes, deems it expedient to determine, establish and maintain
the normal lake level of Sylvan and Otter Lakes within the Township of Waterford and the Cities of
Keego Harbor, Sylvan Lake and Pontiac, Oakland County, Michigan, pursuant to the provisions of
Act 146 of the Public Acts of 1961, as amended; and
BE II FURTHER RESOLVED that the Office of the Prosecuting Attorney institute in the
Circuit Court for the County of Oakland, by proper Complaint, a proceeding to establish a level
for Sylvan and Otter Lakes; and
BE IT FURTHER RESOLVED that the properties in the area of improvement will benefit and
shall bear the entire cost of the project; that the Drain Commissioner prepare a Special Assessment
District for the area of improvement as prescribed in Act 146; and that the cost of maintaining
the level of said lake shall be borne by the benefited properties in the area of improvement.-
Mr. Chairperson, I move the adoption of the foregoing resolution.
Thomas A. Law, Commissioner District #26
The Chairperson referred the resolution to the Planning and Building Committee, There were
no objections.
A copy of the Board referrals made by Chairperson Richard R. Wilcox is on file in the
County Clerk's Office.
The Chairperson announced the next meeting of the Board. will be February 28, 1985 at 9130 a ,m ,
The Board adjourned at 4e10 p.m.
Lynn D. Allen Richard R. Wilcox
Clerk Chairperson
149