HomeMy WebLinkAboutMinutes - 1985.11.07 - 7282OAKLAND COUNTY
Board Of Commissioners
MEETING
November 7, 1985
Meeting called to order by Chairperson Richard R. Wilcox at 9:57 a.m in the-Courthouse
Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Invocation given by Rue) McPherson.
Pledge of Allegiance to the Flag.
Roll called.
PRESENT: Aaron, Caddell, Caiandro, Doyon, Fortino, Gosling, .Hassberger, Hobart, Richard
Kuhn, Susan Kuhn-, Lanni, Low, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Page,
Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox: (27)
ABSENT: None. (0)
Quorum present.
Moved by Richard Kuhn supported by Page the minutes of the previous meeting be approved
as printed.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Rewold supported by Moffitt the rules be suspended to consider the following
which were considered out of sequence, and the agenda be approved.
PLANNING AND BUILDING COMMITTEE
a. Oakland/Pontiac Airport - Michigan Aeronautics Commission Grant Program
b. Sewer, Water, Solid Waste-Solid Waste Management Act 641 Grant for Solid Waste
Management Planning, Fiscal Year 1985-86 and Consulting Engineering Contract (Fiscal Note attached)
AYES: Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox,
Aaron, Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law,
McPherson, Moffitt. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the rules carried,
Vote on agenda as corrected:
A sufficient majority having voted therefor, the agenda was approved.
Clerk read letter of thanks from Commissioner and Mrs. Lawrence Pernick.
Dorothy Eicker addressed the Board.
Marilynn Gosling and County Clerk Lynn D. Alien presented a contrntulatory Proclamation
to Sarah (Sally) Dixon for her 25 years as a member of the Oakland County Board of Canvassers. Mrs.
Dixon thanked the Board for the Proclamation. .
Lawrence R. Pernick and Roy Rewold offered congratulations to Commissioner Walter Moore on
his election as Mayor of the City of Pontiac.
The Chairperson made the following statement:
"At this time a public hearing is now called on the E.D.C. Amended Project Plan, 'Comprehensive
Retirement Communities Limited Partnership, Notice of the hearing was published in the Oakland Press
on October 28, 1985. Are there any persons present wishing to speak on the Project Plan?"
110 on requested to speak and the public hearing was declared closed.
350
351
Commissioners Minutes Continued. November 7, 1985
Misc. 85312
By Finance Committee
IN RE: Treasurer's Office
AUTHORIZATION TO BORROW AGAINST DEL1NQUEAT 1985 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 on
July 1 and/or December 1 in each year; and
WHEREAS a certain portion of these taxes remain unpairl 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 administralion
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, pursoant to Section 87b of Act No. 206 of the Public
Acts of 1893, as amended ("Act 206"), which fund has been designated as the 10021 Tax Payment Fund by
the Treasurer; and
WHEREAS the purpose of the 10021 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 assess-
ment or drainage 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 make such payments by the Board of Commissioners of this -County; and
WHEREAS in order to make such payments with respect to 1985 delinquent taxes, it is de -
termined that it is necessary that the County issue its "General Obligation Limited Tax Notes, Series
1986" in accordance with Sections 87c, 87d, 87e, 87f, 87g and 89 of Act No. 206 and on the terms and
conditions set forth below; and
WHEREAS the total amount of 1985 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 be returned to the Treasurer for collection on March 1, 1986 (the "Delin-
quent Taxes") has not yet been determined but will be determined at a later date; end
WHEREAS subsection (5) of Section 89 of Act 206 permits the County to pledge a second lien
on delinquent taxes from prior years (the "Prior Delinquent Taxes") in order to secure payment of
principal of, premium (if any) and interest on the Notes;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY AS FOLLOWS:
GENERAL OBLIGATION LIMITED
TAX NOTES, SERIES 1986
101. Issuance of Notes. The County shall issue its General Obligation Limited Tax Notes,
Series 1986 (the "Notes") in accordance with this Resolution and Sections 87c, 87d, 87e, 87f, 879 and
89 of Act 206, paya Ue from the Delinquent Taxes, Prior Delinquent Taxes and other sources as speci-
fied below.
102. Aggregate Amount of Notes. The Notes shall be issued in an aggregate amount not to
exceed the sum of the estimated Delinquent Taxes, plus Prior Delinquent Taxes unpaid as of December 1,
1985, plus an amount not to exceed fifteen percent (1521) of the estimated Delinquent Taxes. Thu
exact principal amount of the Notes will be designated by the Treasurer after the amount of the delin-
quent Taxes, or the amount of Delinquent Taxes to be funded ta, the issuance of the Notes, has been
estimated by the Treasurer on the basis of delinquencies experienced during the past three fiscal years.
103. Proceeds. If the Notes are sold and issued prior to March 1, 1986 the proceeds of
the Notes shall be deposited in the Delinquent Tax Project Fund and thereafter used to fund the whole
or a part of the 1986 100% Tax Payment Account, the 1986 Note Reserve Atcount and the 1986 Note Pay-
ment Fund in accordance with Article Vi below. If the Notes are sold and issued on or after March 1,
1986, the proceeds of the Notes shall be deposited directly into the 1986 10021 Tax Payment Account,
the 1986 Note Reserve Account and the 1986 Note Payment Fund as provided in Article VI.
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 11. All reference to "Notes" in Article II refers only to
Notes issued pursuant to Article II, unless otherwise specified.
202. Date The Notes shall be dated December 1, 1989, or such later date (not later than
the date of actual issuance of the Notes) as the Treasurer may specify by order.
203. Maturity. The Notes shall be due and payable at the option of the Treasurer as follows:
not Tess than 3021 nor more than 50% of the amount of estimated Delinquent Taxes OD April 15, 1987; not
less than 2021 and not more than 3721 of the amount of estimated Delinquent Taxes on April 15, 1988;
and the balance of the total principal amount of Notes issued on April 15, 1989. The exact amount
of each maturity shall be determined by the Treasurer when the amount of estimated Delinquent Taxes is
determined by the Treasurer, or when a reliable high-low estimate 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 determining the exact amount of each maturity the Treasurer shall consider, amonh other
Commissioners Minutes Continued. November 7, 1985 352
pertinent factors, the anticipated collection of the Delinquent Taxes, arbitrage restrictions, and
the impact the maturities selected may have on the marketability, 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 April 15, 1986,
and each succeeding October 15 and April 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. If the Notes
are sold with a variable rate feature as provided in Article IV below, the Notes may bear interest
weekly, monthly, quarterly or on any put date, or any combination of the foregoing, as provided by
order of the Treasurer. 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 shall be September 15 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 shall he issued in fully registered form both as
to principal and interest in substantially the form attached as Appendix A. Such fully regMitered
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 transfer of the Notes.
The Notes may be authenticated by the Registrar if so ordered by the Treasurer.
206. Denominations and Numbers. The Notes shall be issued in one or more denomination or
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 shall determine.
207. Transfer or Exchange of Notes. Any Note shall be transferable on the note, register
maintained with respect to the Notes upon the surrender of the Note together with an, assignment
' executed 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 in equal aggregate principal amount and like interest rate and maturity to the designated
transferee or transferees.
Notes may likewise he 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' Notesto 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_registratiec, transfer or exchange
shall be paid for by the County as an expense of borrowing, unless otherwise agreed by the Treasurer
and Registrar. The Registrar may, however, require payment by 8 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 Entr Degositor 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 owner-
ship of interests in the Notes by book entry and AO shall issue depository trust receipts or acknow-
ledgments 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 as
the Treasurer shall deem appropriate not otherwise prohibited by the terms of this Resolution.
The depository trustee may be the same as the Registrar otherwise 'named. by the Treasurer,
and the Notes may be transferred in part by depository trust and in part by transfer of physical
certificates as the Treasurer may determine.
209. Redemption. Notes maturing in 1987 and 1988 shall not be subject to redemption prior
to maturity. The Notes maturing on April 15, 1989, may be redeemed in whole or in part or any date or
dates on or after April 15, 1988, 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 IT, as designated by the Treasurer, on each note, computed as a percentage of par value, if redeemed
on or after April 15, 1988, but iteior 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 end 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 shall fix the
date of record with respect to the redemption if djffeeent 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
353
Commissioners Minutes Continued. November 7, 1985
with a paying agent to redeem the SoITIC.
210. Discount. At the option of the Treasurer, the Notes may be offered for sale at a
discount of not to exceed 22" or such lesser amount as may he authorized by the Treasurer.
211. Public or Private Sale. The Treasurer may, at the Treasurer's option, conduct a
pOblic sale of the Notes falter publication of the Notice of Sale attached to, and as provided in
the separate resolution approved by this Beard), 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 sale of
the Notes as provided in Act 20E.
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 af-
fixed, provided that if the facsimile signature is used the Notes must be authenticated by the Regis-
trar named by the Treasurer. The Notes shell be sealed with the County seal or a facsimile of such
seal. If permitted by law, the Notes may be delivered without the actual or facsimile 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 discret1on 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, Refunding or Advance Refunding Notes. If at any time it appears to be
the best interests of the County, the Treasurer, by order, may authorize the issuance of renewal,
refunding or advance refunding Notes. Notes ned. ricit approved...by prior order...of the Depart-
ment of Treasury unless so required by such Department as provided by law.
Ill
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 III. All reference to "Notes" in Article 111 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 specified
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; Paying Agent. 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
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 is authorized to sell the Notes at a private sale, and
is authorized to designate a marketing agent, placement bgent or dealer to assist in the placement of
Notes issued pursuant to this Article. If required by the purchaser of the Notes, the Treasurer shall
prepare or cause to be prepared and disseminated a placement me riorandum or offering memorandum con-
taining 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 Treasurer's 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 be 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 the 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 111 -, in which event the provisions of Article III shall
govern the issuance of the Notes, or whether the Notes shall be issued in accordance with Article
in which event the provisions of Article 11 shall govern the issuance of the Notes, provided that,
if Notes are to be issued in accordance with Article 41, the order must provide for and shall govern
with respect to:
Commissioners Minutes Continued. November 7, 1985 354
(a) the aggregate amount of the Notes;
(b) the date of the Notes;
(c) the denomination of the Notes;
(d) the maturities of the Notes, provided that the fina.1 maturity shall hot be later
than May 1, 1989;
(e) interest paymet 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 1986 Note Payment Fund
and 1986 Note Reserve Account (as defined below) principal of and interest on Notes or renewal
Notes in an amount sufficient m) assure continued maintenance of the ti)x -exempt s st us itt the in-
terest on the Notes. For purposes of this Section 310, "Mandatory Repayment Date 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 date the next
repayment of Notes described above is made, if earlier.
IV
VARIABLE INTEREST RATE
401. At the option of the Treasurer, exercisable by order, the Notes, whether issued
pursuant to Article II Or Article III above, may be issued with interest rates that vary dating
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 recalcu-
lation and the formula or procedure for determining the variable rate. Such formula or procedure
sliall.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;
(d) Any other rate or index that may be designated by order of the Treasurer pro-
vided such rate or index is set or reported by a source which is independent of
and not controlled by the Treasurer or the County.
A procedure for determining the variable rate may involve one or more of the above Indicet as alter-
natives or may involve the setting of the rate by a municipal bond specialist provided such rate must
be within a stated percentage range of one or more of the indices set forth above.
402. If the Treasurer decides to issue the Notes on ai 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 sole 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 desinnoted General Obligation Limited
Tax Notes, Series 1 .986-I , General Obligation Limited Tax Notes, Series 1986-11, and so on with sub-
sequent 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'oursuant 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 II with the balance of the annual maturities being issued under
Article 11 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; and
. (d) Notes of all series issued pursuant to Article II above may not, in aggregate,
mature in amounts or on dates exceeding the maximum authorized maturities set forth in Section 203
above.
502. Notes Secured Rani Passu. If the Notes are sold in multiple series pursuant to this
Article V, each series of Notes shall he secured pan i possu with the other by the security described
in and the amounts pledged by Article VI below, subject to the following:
(a) Separate sub-accounts shall be established in the 1986 Note Re.scrve Account
for each series of Notes, into which shall be deposited the amount borrowed for such Account for each
such series, and each such sub-account shall secure only the particular series for which such sub-
account was •created;
355
Comnissioners Minutes Continued. November 7, 1985
(b) Separate account ,: shall be established in the 1986 Note Payment Fund and- all
amounts deposited in such Fund shali be allocated to such accounts as follows: one account shall
be created for all Notes issued pursuant to Article 11 of this Resolution (into which shall be
allocated that percentage of all deposits to the 1986 Note Payment Fund equal to the percentaie
that Notes issued pursuant to Article I nears to the total Notes issued under this Resolution)
and one account shall be created for ail Notes issued Pursuant to Article 111 of this Resolution
into which shall be allocated that percentage of all deposits to the 1986 Note Payment Fund equal
to the percentage that Notes issued pursuant to Article III bears to the total Notes Issued pur-
suant to this Resolution), provided that if the various series are. issued at different times sums
deposited to the 1986 Note Payment Fund prior to the issuance of any series shall be 'i>ubject to
re-atlocation among the two accounts upon the Issuance of such series to achieve the required
balance between the 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 allo-
cation among the two accounts to reflect the particular cash flow requirements of such series; and
(c) The amounts in each account established in subsection 502(h) above shrll secure
only the .Notes issued under the Article for which such account was established until such Notes and
interest on such Notes are paid in full, after which the amounts in such account shalt be added to
the amounts in the. other account and used as pant of such other account to secure all Notes and
interest on such Notes for which such other 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 Ar/icle V, the Treasurer is authorized and directed to make such changes to the form of the
notes approved by this Resolution and the form of Notice of Sale approved by the separate resolution
of the Board below, 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. Delinquent Tax Project Fund. If the Notes are issued and sold prior to March 1, 1986
then there shall be created and established a 1986 Delinquent Tax Project Fund (the "Project Fund"),
as a separate and distinct fund of the. County within its general fund. The Project Fund shall re-
ceive all proceeds from the sale of the Notes, including any premium or accrued interest received at
the time of- sale of the Notes. The Project Fund shall be held in trust by a commercial bank, as
Escrow agent, which is located in Michigan, has authority to exerise trust power';, and has a net
worth of not less than $25,000,000 until the moneys therein are disbursed in accordance with this
Article VI. The form and content of the agreement between the County and such ocm -0,4 agent shall
be approved by the Treasurer. Moneys deposited in the Project Fund shall be expended solely for the
purpose of funding the 1986 100% Tax Payment Fund (including the 1986 Note Reserve Account therein)
established under Section 602 hereof. Any surplus proceeds remaining in the Project Fund after the
Treasurer- has completed the funding of the. 1986 100% Tax Payment Fund, shall be transferred to the
1986 Note Payment Fund created under Section 603 hereof.
Moneys in the Project Fund may be disbursed by the escrow agent to the 1986 100% Tax Pay-
ment Fund at any time, and from time to time after March 1, 1986, upon receipt of a written requisi-
tion form signed by the Treasurer which certifies that the amount of moneys requisitioned represent
amounts owing to one or more local units of government within the County', includ i ng the County, on
account of Delinquent Taxes which have been returned to the County for collection pursuant to Act 206.-
The Treasurer shall file with the escrow agent a completion certificate when all Delinquent Taxes
which have been returned for collection to the County have been paid by the County from the 1536
100% Tax Payment Fund. Such completion certificate. shall direct the escrow agent to disburse any
amounts remaining in the Project Fund to the 1986 Note Payment Fund established pursuant to Section
603.
602. 1986 100% Tax Payment Fund. There is hereby established within the County's Delinquent
Tax Revolving Fund the 198T i00% Tax Payment Fund, of which the funds and accounts set forth below are
hereby established as a part thereof:
(a) 1986 Tax Payment Account. The 1986 Tax Payment Account shall be used to pay to
the local units of government within the County, including the County, the amount of Delinquent Taxes
returned to the County, as adjusted and finally, agreed upon by the County. if the proceeds of the
Notes are initially deposited in the Project Fund pursuant to Section 601, the. Treasurer is authorized
and directed tb transfer a portion of the Project Fund (not to exceed the amount. of Delinquent Taxes)
to Account No. of the County (the "1986 Tax Payment Account") in .accordance with the procedures
set forth in Section 601. If the. Notes are initially issued and sold after March 1, 1986, there shall
be deposited in the 1986 100% Tax Payment Account an amount of proceeds not in excess of the Delinquent.
Taxes. The County shall apply the moneys in the 1986 Tax Payment Account to the payment of the
Delinquent Taxes in accordance with Act 206.
(b) 1986 Note Reserve Account. After depositing all of the moneys to fund the 1986
Tax Payment Account pursuant to paragraph (a) of this Section, the Treasurer shall next either transfer
to the 1986 Note Reserve Account, from the Project Fund, or shall deposit directly from the proceeds of
the Notes received upon their initial issuance 'and sale occurring after March 1, 1986, an-amount of
moneys not in excess of 15% of the amount transferred to the 1986 Tax Payment Account. All moneys In
the 1986 Note Reserve Account, 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
356 Commissioners Minutes Continued. November 7, 1985
not available in the /986 Note Payment Fund. Money in the /986 Note Reserve Account hnl Iwith-
drawn 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 1986 Note Reserve Account, due to its Investment or reinvestment, shall be deposited in such
fund, provided, however, that any and all amounts in the 1986 Note Reserve Account in excess of 15:-
of the face amount of the Notes initially issued under this Resolution shall be transferred on re-
ceipt to the 1986 Note Payment Fund and used to pay the principal of, premium, if any, and interest
on the Notes next due. When the 1986 Note Reserve Account 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.
603. 1986 Note Payment Fund. There is hereby established a Collection Account No.
of the County (the '198G' Mote Payment Fund"), effective as of March 1, 1986, into which account the
Treasurer is directed to deposit, promptly on receipt, all of the following payments received on
account of the Delinquent Taxes:
(a) All Delinquent Taxes collected on and after March 1, 1986, 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.
(c) Any amounts which are received by the Treasurer from the taxing units within the
County because of the uncollectability of the Delinquent Taxes; and'
(d) All amounts remaining in the Project Fund after the transfers to the i986 I0W%,4 Tax
Payment Account and 1986 Note Reserve Account have been made as required by Section 602. Moneys
in the 1986 Note Payment Fund shall be used by the County only to pay principal of, premium (if any)
and interest on the Notes as the same become due and payable.
604. Pledge. The following moneys are pledged to the repayment of. the Notes and ..shall he
used solely for repayment of the Notes until the principal of, premium (if any) and interest on the
Notes are paid in full:
(a) All amounts held in the Project Fund;
(b) All amounts held in the 1986 Note Payment Fund;
(c) All amounts held in the 1586 Note Reserve Account;
(d) All amounts earned from the investment of moneys held in either the 1986 Note Payment
Fund or the 1986 Note Reserve Fund; and
(e) All delinquent taxes due to the County which were returned to the County on March 1,
1985, March 1, 1984 or March 1, 1983 subject to any prior pledge of such delinquent tax revenues
which has been made by the County to secure payment of principal of and interest on notes of the
County previously issued.
605. Limited Tax General Obligation. In addition, the Notes shall be a general obligation
of the. County, secured by its full faith and credit (whieh includes the limited .- tax obligation of
the County, within applicable 'constitutional and statutory limits), and Its general funds. The
County budget shall provide that if the Delinquent Taxes and any other pledged amounts are not
collected in sufficient amounts to meet the payments of the principal and interest .due on the Notes,
the County, before paying any other budgeted amounts, will promptly advance from its general funds
sufficient moneys to pay that principal and interest.
If the amounts pledged under Section 604 are not sufficient to pay the principal and
interest when due, the County shall pay the same from its general funds or other available sources, as
provided in this paragraph, and may later reimburse itself from the Delinquent Taxes collected.
The County shall not have the power to levy any tax for the payment of the Notes' in excess
of its constitutional or statutory limits.
606. Security for Renewal, Refunding or Advance, Refunding_Notee. Renewal, refunding or
advance refunding Notes shall be secured by the same security securing the Notes being renewed,
refunded or advance refunded. The moneys pledged in Section '60'+ for the repayment of the Notes are
re-pledged for repayment of the principal of and interest on any renewal, refunding or advance
refunding 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 lull faith and credit
which shall include the limited tax obligation of the County", within applicable constitutional and
statutory limits, ail as more fully provided. in Section 605 above.
607. Use of rends After Full Payment or Provision for Payment. After all principal of,
premium, if any, and interest on the Notes 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 1986 100% Tax Payment 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 1985 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 pay-
ments are due on settlement . day with the Treasuter or any city oh township treasurer or (ii) for any
other proper purpose within the Delinquent Tax Revolving Fund.
VII
SUPPLEMENTAL AGREEMENTS AND DOCUMENTS
701. Supplemental Agreements and Documents. The Treasurer, on behalf of the County, is
357
Commissioners Minutes Continued. November 7, 1985
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 Resolution,
upon such terms and conditions as the Treasurer may determine appropriate;
(a) A letter of credit, line of credit, repurchase agreement, or similar instrnMent, pro-
viding 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 under the letter of credit, line of credit, repurchase
agreement or similar instrument;
(c) A marketing, remarketing, placement or dealer agreement designating a marketing,
remarketing or placement agent or dealer and prescribing the duties of the marketing, remarketing or
placement agent or dealer with respect to the sale of the Notes; and
(d) A put agreement on provision allowing the purchaser of the Notes to require the County
to repurchase the Notes upon demand at such times as may be provided in such pet agreerrienter provision.
The expenses, fees and charges of any kind payable in connection with such instruments Shall
be paid as provided in the instruments. .
. 702. Revolvih5 Credit Notes. If the Treasurer enters into a revolving credit agreement
(the "Agreement"-) pursuant to Section 701 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 or Notes that have been put pursuant to a put agreement or provision, Such revolving
Credit Notes shall be issued pursuant to Article II or III, as appropriate, but the TreasOrer 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.
(c) They may be subject to redemption at such times, upon such terms and upon the giving 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 April 15,
1989, as provided in the Agreement.
(f) The Treasurer may, at the.time of the original issuance of Notes execute_ and deliver one
Revolving Credit Note in a maximum principal amount not exceeding the lending commitment under the
Agreement from time to time in force (and may substitute one such Note in a lesser principal amount
for another in the event the lending commitment is reduced) provided that 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 - Resolution.
VIII
MISCELLANEOUS PROVISIONS
801. 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 1986
100Z Tax Payment Fund not pledged to the repayment of these Notes or from any funds in the 1986 100 .;i--
Tax Payment Fund not pledged to the- repayment of any other notes.
802. Application to Department of Treasury; Exception. The Treasurer is authorized to
make application to the Department of Treasury on behalf of the Calmly' for an order permitting this
County to make this borrowing and issue the Notes. If the Treasurer deems it appropriate, the Trea-
surer is alternatively authorized to apply for an exception to prior approval of the Department of
Treasury from the Department.
803. Bond Counsel. The Notes (and any renewal, refunding or advance refunding Notes)
shall be delivered- with the unqualified opinion of bond counsel chosen by the Treasurer, which
selection may, at the option of the Treasurer -, be for one or more years. 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 100% Tax Payment Fund.
804. Complete Records. The Treasurer shall keep full and complete records of all de-
posits to and withdrawals from each of the' funds and accounts in the Fund and of all other trans-
actions relating to such funds and accounts, including investments of moneyr in, and gain derived
from, such funds and accounts.
805. ChargebackS. Delinquent Taxes not paid or recovered at or prior to the May 1988
tax sale shall he 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 1986 Note Payment Fund no later
than March 1, 1989.
806. Investments. The Treasurer is authorized to invest all moneys in the Project Fund,
the 1986 1001C Tax Payment Fund or the 1986 Note Payment Fund in any one or more of the investments
authorized as lawful investments for counties under Act No. 20, Public Acts of 1943, as amended.
The Treasurer is further authorized to enter into a contract on behalf of the COunty Aunder the Sur-
plus Funds Investment Pool Act, Act No. 367, Public Acts of 1982, as amended, and invest moneys in
the Project Fund, the 1986 100% Tax Payment Fund or the 1986 Note Payment Fund in any investment
pool created thereby.
Commissioners Minutes Continued .• November 7, 1985 358
807. Bearer Notes. If any series of Notes may be issued in hearer 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 Mote and Notice of Sale-
shall be changed accordingly. The Treasurer is authorized and directed to execute the botes for
the County or to execute the same by causing a facsimile of the Treasurer's as to be affixed,
provided that if the facsimile signature is used the Notes must be authenticated by the Paying Agent
named by the Treasurer. The Notes shall be sealed with the County seal or a facsimile of such sea:.
808. Mutilated, Lost, Stolen or Destroyed Notes. In the evert 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.
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 loss and in.-
demnity as they determine to be sufficient, which shall consist at least of (i) a lost instrument bond
for principal and interest remaining unpaid on the lost, stolen or destroyed Note; (ii) an affidavit
of the registered owner (or his or her attorney) setting forth ownership of the Note lost, stolen or
destroyed and the. circumstances under which it was lost, stolen or destroyed; (iii) the agreement of
the owner of the Note (or his or her attorney) to fully indemnify the County and the Registrar against
loss due to the lost, stolen or destroyed Note and the issuance of any replacement Note in connection
with it; and (iv) the agreement of the owner of the Note (or his or her attorney) to pay all expenses
of the County and the Registrar in connection with the replacement, including the transfer and ex-
- change costs which otherwise would be paid by the County.
For purposes of this Section, "Registrar" shall be construed to include the paying agent
appointed with respect to any Notes issued in bearer form.
809. Arbitrage Covenant. Notwithstanding any other provision of this resolution or other
resolutions previously adopted, the County covenants with the purchaser (within the meaning 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, would 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 1986 -
Rate Maturity Date Date of Original issue
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 as note
registrar (the "Note Registrar") on the applicable date of record the principal sum of
Dollars, upon presentation and surrender of this note at , together with interest
thereon at the rate per annum specified above payable •on April 15, i33 and semiannually thereafter
on the fifteenth day of October and April in each year to the registered owner of record by first class
mail. 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.
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
), 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 1986 Borrowing Resolution (1985 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 1985
real property taxes returned to the County .Treasurer as delinquent on or before March 1, 1986, and
for the purpose of establishing a 1986 Note Reserve Account.
For the payment of the principal of and interest on these- notes, the following amounts are
pledged; (1) all of the collections of the 1985 real property taxes due and payable to taxing units
in the County, including the County, which were returned delinquent on March 1, 1986, together with
all interest on such taxes; (2) all of the property tax administration fees on such delinOuent 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;
and (4) all amounts of delinquent, taxesreturned to the County on March I, 1985, 1984 or 1983, sub-
ject to any prior pledge thereof by the County made to secure notes or obligations.- preYiout,ly issued.
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, due, the moneys. in the 1986 Note Reserve Account shall
be used to make. such payment.
359
Commissioners Minutes Continued. November 7, 1985
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 these notes in excess of its constitutional or statutory
limits-
Notes maturing in 1987 and 1988 shall not be subject to redemption prior to maturity.
Notes maturing on April 15, 1989, may be redeemed in whole or in part on any date or dates on or
after April 15, 1988, at the option of the County Treasurer at par, pJus accrued interest to the
redemption date.
With respect to partial redemptions, any portion of a note outstanding in a denominiAion
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
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 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 detect
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.
This note is transferable on the note registration books of the Note Registrar upon. sur-
render 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 $1,000 over $5,000, in the
same aggregate principal amount and the same maturity and interest rate, will be issued to. the desig-
nated transferee•or transferees.
It is hereby certified, recited and declared that all acts, conditions and things required
to exist, happen and be performed precedent to and in connection with the issuance of the notes of
this series, exist, existed, have happened and have been performed in due time, form and manner as
required by the Constitution and Statutes of the State of Michigan.
IN WITNESS WHEREOF, the County of Oakland, Michigan, has caused this note to be executed
in its name with the facsimile signature of its Treasurer, has caused a facsimile of its corporate
seal to be affixed to it, and has caused this note to be certified by the Note Registrar, as the
County's authenticating agent, all as of the Date of Original Issue set forth above.
COUNTY OF OAKLAND
DATE OF AUTHENTICATION: By: (facsimile)
Treasurer
NOTE REGISTRAR'S CERTIFICATE
The undersigned certifies that this note is one of the notes of the issue designated therein issued
pursuant to the Resolution described therein.
as Note Registrar
By
Authorized Signature
Date of Issuance
APPENDIX B
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
GENERAL OBLIGATION LIMITED TAX NOTE, SERIES 1986
Maturity Date Rate
The County of Oakland, MiChigan (the "County"), acknowledges itself indebted, and for
value received, promises to pay on the date specified above to BEARER the principal sum of
($ ) 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 1 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 1986 Borrowing Reso-
lution (1985 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 1985 real
property taxes returned to the County Treasurer as delinquent on or before March 1, 1986, for the
purpose of establishing a 1986 Note Reserve Account, and/or for the purpose of providing funds to
Commissioners Minutes Continued. November 7, 1985 360
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 followina amounts are
pledged (except to the extent previously used to pay principal of and interest on other notes of
this series): (I) all of the collections of the 1585 real property taxes due and payable to taxing
units in the County, including the County which were outstanding and uncollected on March 1, 1986,
together with all interest oil such taxes; (2) all of the property tax administration fees on such
delinquent taxes, once the expenses of borrowing have been paid; (3) any amounts which are received
by the County from the taxing units within the County because of the uncollectability or such delin-
quent taxes; are (4) all amounts of delinquent taxes returned to the County on March 1, 1985, 1984
or 1583, subject to any prior pledge thereof by the County made to secure notes or obligations pre-
viously issued. 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 1986 Note
Reserve Account 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 consti-
tutional 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.
ft 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 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 be executed in
its name with a facsimile signature of its Treasurer and has caused a facsimile of its corporate
seal to be affixed to it, all as of the Date of Issuance set forth above.
- COUNTY OF OAKLAND
By:
Treasurer
Moved by Caddell supported by Hassberger that Resolution #85312 be adopted.
AYES: Nelson, Olsen, Page, Perinoff, Pernick, Rewold, Skarritt, Webb, Wilcox, Aaron,
Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger, R. Kuhn, S. Kuhn, Lanni, Law, McDonald,
McPherson, Moffitt, Moore. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, Resolution #85312 was adopted.
Misc. 85313
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 ad-
ministrative 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 Perinoff that ReSolutTon #85313 be adopted..
AYES: Olsen, Page, Perinoff, Pernick, Rewold, Skbrritt, Webb, Wilcox, Aaron, Caddell,
Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell,
McPherson, Moffitt, Moore, Nelson. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, Resolution #85313 was adopted.
Misc. 85314
By Finance Committee
IN RE: Treasurer's Office
APPROVAL OF NOTICE OF SALE
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 approved in the
1986 Borrowing Resolution (1985 Delinquent Taxes) shall be received up to such time as shall later
be determined by the Treasurer, and notice shall be published in accordance with law, once in at
361
Commissioners Minutes Continued. November 7, 1985
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
C. William Caddell, Chairperson
EXHIBIT A
OFFICIAL NOTICE OF SALE
COUNTY OF OAKLAND
STATE OF MICHIGAN
GENERAL OBLIGATION LIMITED TAX NOTES, SERIES 1986 •
SEALED BIDS: Sealed bids for the purchase of General Obligation Limited Tax Notes, Series
1986, 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,
until Michigan Time, on . 1986, at which time they Wilt 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,
1158 First National Building, Detroit, Michigan 48226, where they will be publicly opened simul-
taneously.- Bids opened at Detroit, Michigan, will be read first, followed by the alternate location.
Bidders' may choose eitheri lbtatitan to present bids and gobd faith checks, but net both locations.
AWARD: The notes will be awarded to the successful bidder at a proceeding conducted by
the County Treasurer approximately thirty minutes after all bids have been opened on that date,
NOTE DETAILS: The notes will be fully registered notes of the denomination of $5,000
each or any multiple of $1,000 over $5,000, as designated by the purthaser; will bear interest
from their date payable on April 15, 1986, and semiannually thereafter; will be dated December 1,
1985; will be numbered from I upward, and will mature serially on April 15 in years and amounts as
follows:
YEAR AMOUNT
1587
1988 •
1989
PRIOR REDEMPTION: Notes maturing in 1987 and 1988 shall not be subject to redemption prior
to maturity. Notes maturing on April 15, 1989, may be redeemed in whole or in part on any date or
dates on or after April 15, 1988, 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 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 hear interest from [heir dan! di a rot(!
or rates specified by the successful bidder, not exceeding% per annum, expressed in maniples
of 1/8 or 1/20 of 1%, or any combination thereof. Interest on notes of any maturity shall be at
one rate only, and the difference between the highest and lowest rate of interest hid shall not ex-
ceed four percent (4%). A discount of not to exceed 7 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 1007 Tax Payment Fund
of the County for the 1985 tax year and for the purpose of establishing a $ 1986 Note Reserve
Account,
PRIMARY SECURITY: The notes are primarily secured by: (1) all of the collections of the
1985 real property taxes due and payable to taxing units in the County, including the County, which
were returned- delinquent on March 1, 1986, together with all interest thereon; (2) all of the property
Commissioners Minutes Continued. November 7, 1985 362
tax administration fees on such delinquent taxes, once the expenses of borrowing have been paid; and
(3) any amoont ,, which are received by the County from the taxing units wi bin the County because of
the uncollectobility ol such In taxes; and (4) all dpatounts ol delinquent taxes returned to
the County en March 1, 1985, 1984 or 1983, subject to any prior pledge thereof by the County made to
secure notes or obligations previously issued.
NOTE RESERVE ACCOUNT: In the event the primary security is insufficient to meet the prompt
payment of the principal of, premium, if any, and interest on these notes when due, for any reason,
the moneys in the 1986 Note Reserve Account shall he used to make such payment. All moneys in the
1986 Note Reserve Account shall be used solely for payment of principal of and interest on the notes
or for the purchase of notes for which the fund Was established. Moneys in the 1986 Note Reserve
Account- shall be withdrawn first for payment of principal of and interest on the notes before other
County general funds aTe used to make the payments. When the 1986 Note Reserve Account is sufficient
to retire the notes and accrued interest thereon, it may be used for purchase of such notes on the
market, or, if notes are not available, to retire notes when due.
GENERAL OBLIGATION WITHOUT UNLIMITED POWER TO TAX: In addition, this note issue 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 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 paragraphs are optional and will be inserted in the Notice of Sale if the
note issue qualifies for insurance or is submitted to a rating agency for a rating.)
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 bear a legend referring to the insurance. The purchaser,
holder or owner is not authorized to make any statement regarding the insurance beyond those set out
here and in the note legend.
RATING: The County has applied for a rating of the Notes from
No application was made to any other rating agency for the purpose of obtaining an additional rating
of the Notes. The rating has not yet - been assigned, as of the date of this Notice of Sale, although
the County expects that the rating will be available in advance of -the sale date,
AWARD OF THE NOTES: For the purpose of awarding the notes, the interest cost of each hid
will be computed by determining, at the rate specified therein, the total dollar amount of all in-
terest on the notes from , 1986, to their maturity and deducting therefrom any
premium or adding thereto any discbunt. The notes will be awarded to the bidder whose hid on the
above computation produces the lowest inttrest to the COunty. No proposal for less than G of
par, nor less than all the notes, will be considered. Each bidder, for the convenience of the County,
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 25 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 good faith deposits. The good faith check of the •
winning bidder will be promptly cashed, and the amount received thereefor will he credited against
the purchase price as of the date of delivery. Checks of unsuccessful bidders will be promptly re-
turned to each bidder's representative or returned by registered mail. In the event the notes can-
not be issued or 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 opinion of Dykema,
Gossett, Spencer,' Goodnow & Trigg, attorneys of Detroit, 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 de-
livered without expense to the purchaser of the notes at the delivery of - the notes-.
DELIVERY' OF NOTES,: The County will furnish notes ready for execution at 1J.s.expense at
Detroit, Michigan, or any mutually agreeable place.. The usual documents, including a certificate
that no litigation is pen -ding, affecting the issuance of the notes, will be delivered 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 dote of sale, or the first business 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. Pay-
ment 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.
CUSP 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 refuse 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 or James Van toozen at Muhicipal
Financial Consultants incorporated, 400 Tower; Renaissance Center, Detroit, Michigan 48243, telephone
363
Commissioners Minutes Continued. November 7 ,. 3985
number (313) 568-5410.
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 Dohany
Oakland County Treasurer
Moved by Caddell supported by Susan Kuhn that Resolution 1/85314 be adopted.
AYES; Page, Perinoff, Pernick, Remold, Skarritt, Webb, Wilcox, Aaren, Caddell, Calandro,
Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald,
McPherson, Moffitt, Moore, Nelson, Olsen. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, Resolution #85314 was adopted.
Misc. 85315
By Finance Committee
IN RE: Board of Commissioners
MILEAGE REDUCTION FUND (PROCEDURE FOR RELEASE OF FUNDS ALLOCATED ON MISCELLANEOUS RESOLUTION #.85294)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners on Miscellaneous Resolution 585294 allo -
cated to cities townships and villages the $2.8 million millage reduction fund, prorated on the basis
of the 1982 State of Michigan Tax Commission mandated increase in resrdentral assessed values; and
WHEREAS it is the intention of the Board of Commissioners that these funds be Utilized by
the local units of government for programs or projects of their choice, providing that all such uses
conform to the Michigan Laws governing the use of county funds; and
WHEREAS there exists various Michigan statutes which allow counties to provide services to
local units of government or to participate in projects with local units of government; and
WHEREAS state statutes or regulations or present practice define appropriate financial
mechanisms for the disbursement or utilization of county funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes the
following procedures for the review, approval and release of funds allocated to cities, townships and
villages on Miscellaneous Resolution 85294:
1) The local units of government, after consultation with their commissioner(s), will sub -
mit their desired programs or projects to the Oakland County Board of Commissioners.
2) Each project request will be forwarded to the Corporation Counsel for determination of
the legality of county fiscal participation. Projects in conformance with state statutes will he
approved and forwarded to the Department of Management and Budget.
3) The county's fiscal officer, as defined in the General Appropriations Act, Miscel -
laneous Resolution #84230, shall determine the appropriate method of fiscal participation by the
county and shall approve the vouchers for disbursement or recommend to the Board of Commissioners
whatever other appropriate action may be necessary.
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 Webb the resolution be adopted.
AYES: Perinoff, Pernick, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandra, Doyen,
Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson,
Moffitt, Moore, Nelson, Olsen, Page. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISC. 85316
By Health and Human Resources Committee
IN RE: Health Division
SUBSTANCE ABUSE FUNDING AGREEMENT RENEWAL APPLICATION-OCTOBER I, 1985 THROUGH SEPTEMBER 30, 1985
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS according to normal grant procedures, the Finance Committee has reviewed said
funding agreement renewal application and referred its report to the Health and Human Resources
Committee; and
Commissioners Minutes Continued. November 7, 1985 364
WHEREAS the Health and Human Resources Committee has reviewed in the amount of $1.609,443 .
kir tho Period Oclok-ir 1, 1985 through September 30, 3986; and
WHEREAS this agreement in the amount of 51,609,443 is funded by the Michigan Department
of Public Health, Office of Substance Abuse Services.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the
County Executive's Office to apply for Substance Abuse funding agreement renewal application in the
amount of $1,609,443 to be funded by the Michigan Department of Public Health.
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
Report to the Health and Human Resources Committee
By Finance Committee
IN RE; Health Division - 1985-86 Substance Abuse Grant Application
•The Finance Committee has reviewed the proposed grant and finds:
1) This is an on-going grant in the twelfth (12th) year,
2) The grant covers a period of October 1, 3985 through September 30, 1986,
3) Funding is in the amount of $1,609,443 consistent with the attached Schedule 1,
4) County funding for the same period IS in the amount of $577,512,
5) All personnel changes Will have to be approved by the Personnel Committee,
6) Application or acceptance of the grant does not obligate the County to any future
commitment.
Mr. Chairperson, on behalf of the Finance Committee, 1 move the acceptance of the foregoing
report, and referral of the information contained therein to the Health and Humeri Resources Committee,
in accordance with Miscellaneous Resolution #8145, Revised Federal and State Grant Application pro-
cedures.
FINANCE COMMITTEE
G. William Caddell Chairperson
Moved by Susan Kuhn supported by Webb the resolution be adopted
AYES: Rewold, Skarritt Webb, Wilcox, Aaron, Calandro i Doyon, Fortino, Gosling,
Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Nelson,
Olsen, Page, Perinoff. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 95301
By Personnel Committee
IN RE: Personnel Department
STAFFING PROPOSAL FOR ADMINISTRATION OF NEW FRINGE BENEFIT PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen;
WHEREAS your Personnel Committee recently reviewed a package of recommendations from the
Fringe Benefit Study Committee related to revisions in several fringe benefits including revisions
which will reduce and eventually eliminate the present escalating liability for banked sick leave
days and which providefor the addition of an improved short term and a new long term disability
income insurance plan; and
WHEREAS the recommendations also provided for the addition of two positions in the
Personnel Department to continue coordination of future fringe benefit reviews, monitor new in-
surance coverages on a continuing basis, and serve as the principal source of employee information
on fringe benefits; and
WHEREAS your Personnel Committee approved the recommendations for the fringe benefit
revisions but decided to separate the recommendations and review the addition of the two positions
at a later date; and
WHEREAS your Personnel COmmittee has recently given its support to. the Fringe Benefit
Review Committee to review additional fringe benefit areas including health and dental care, em-
compassing cost containment efforts as well as benefit provisions, and has also reviewed the recom-
mendations regarding staff for fringe benefit administration and supports the addition of staff for
this purpose as being cost effective.
NOW THEREFORE BE IT RESOLVED- that one Personnel Technician i position be established for
immediate effect in the Administration Unit of the Employee Relations Division, Personnel Department.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson
365
Commissioners Minutes Continued. November 7, 1985
Fiscal Note
By Finance Committee
IN. RE; Personnel Department
STAFFING FOR ADMINISTRATION OF NEW FRINGE BENEFIT PROGRAM (Miscellaneous Resolution 1185301)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule >CNC of this Board, the Finance Committee has reviewed Miscellaneous
Resolution 785301 and finds:
I) The Personnel Department requests that one (1) Personnel Technician 1 position be
established in the Employee Relations Division-Administration unit to continue coordination of
future fringe benefit reviews, monitor new insurance coverages on a continuing basis, and serve
as the principal source of employee information on fringe benefits,
2) The Finance Committee recommends that one (J) contractual part-time, non-eligible
Personnel Technician I Position be established in the Employee Relations Division-Administration
Unit for said purpose,
3) The 1985 cost of said position for the period November 9 through December 31 is $3,225
for salary, consistent with the attached schedule,
4) $3,225 is available in Contingency to fund one (T) part-time, non-eligible. Personnel
Technician I position for the remainder of 1985 (November 9 through December 31, 1985), said funds
to be transferred to the Personnel Department Budget-Employee Relations Division as follows:
909-.01-00-9900 - Contingency $(3,225)
155-01-00-1001 Salaries Regular 3,225
-0-
5) Funds for the balance of the six (6) months will be included in the 1986 budget.
The FinanCe Committee recommends that Miscellaneous Resolution 785301 be amended by deleting
the NOW THEREFORE BE IT RESOLVED paragraph and substituting the following new paragraphs:
NOW THEREFORE BE T RESOLVED that one (I) contractual part-time, non-eligible
Personnel Technician I position be established in the Employee Relations Division-
Administration Unit.
BE IT FURTHER RESOLVED that the Personnel Department shall report to the Finance
Committee after four (4) months regarding the effectiveness of this position,
giving their recommendation as to how this program should be handled on a
permanent basis.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Calandro supported by Gosling the resolution, with Fiscal Note attached, be adopted.
Moved by Calandro supported by Olsen the resolution be. amended, as recommended in the Fiscal
Note (Delete the NOW THEREFORE BE IT RESOLVED paragraph and substitute the following paragraphs:)
NOW THEREFORE BE IT RESOLVED that one (1) contractual part-time non-eligible Personnel
Technician I position be established in the Employee Relations Division-Administration Unit.
BE IT FURTHER RESOLVED that the Personnel Department shall report to the Finance Committee.
after four (4) months regarding the effectiveness of this position, giving their recommendations as
to how this program should- be handled on a permanent. basis."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Skarritt, Webb, Wilcox, Aaron, Caddell, Calandro, Dayon, Fortino, Gosling, ilassberger,
Hobart, R. Kuhn, Lanni, Law, McDonald, McPherson, Moffitt, Nelson, Olsen, Page, Perinoff, Pernick,
Price, Rewold. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended (with Fiscal Note
attached) was adopted.
MoVed by Calandro supported by McDonald the rules be suspended for consideration of a new
resolution entitled "Sheriff Department - Staffing for "D" Building and "L" Building."
AYES: Webb, Wilcox, Aaron, Caddell, Calandra, Doyon, Fortino, Gosling, Elassberger, Hobart,
R. Kuhn, S. Kuhn, Lann, Law, McDonald, McPherson, Moffitt, Nelson, Olsen, Page, Perinoff, Pernick,
Price, Rewole, Skarritt. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the rules carried.
Commissioners Minutes Continued. November 7, 1985 366
Misc. 85317
By Personnel Committee. .
IN RE: Sheriff Department
STAFFING FOR "D" BUILDING AND "L" BUILDING
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen;
WHEREAS two new jail satellite facilities under construction to achieve compliance are on
schedule for occupancy with "D" Building to open January I, 1986 and "L" Building to open February 1,
1986; and
WHEREAS approximately half of the additional new personnel required to operate the new
facilities should be appointed on December 2, 1985 in order to provide a minimum of thirty days
training required to adequately orient new employees to jail operations; and
WHEREAS it will be necessary to upgrade two (2) existing Corrections positions to Sergeant
in order to provide adequate supervision in each of the new facilities.
NOW THEREFORE BE IT RESOLVED that fifteen (15) Sheriff Service Agent positions be created
in the Corrections Division of the Sheriff's Department effective December 2, 1985; and
BE IT FURTHER RESOLVED that two (2) Deputy I-Corrections positions be upgraded - LO Sergant-
Corrections; and
BE IT FURTHER RESOLVED that the Sheriff and Personnel Department coordinate appointments
to these positions so that no position is filled earlier than 30 days , prior to the date of occupancy
for "D" Building.
Mr. Chairperson, on behalf of the Personnel Committee, f move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
. John J, McDonald, Chairperson
Fiscal Note
By Finance Committee
IN RE: Sheriff Department - Staffing for "0" Building and "L" Building
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed the Miscellaneous
Resolution and finds:
I) The Sheriff's Department, in order to reduce overcrowding in the jail, is scheduled
to open two new satellite facilities, "D" Building on January 1, 1986 and "L" Building on February 1,
1986,
2) Fifteen (15) Sheriff Service Agent positions, approXimatelyone'half of the total new
personnel required to open the new facilities, should be appointed no Later than December 2, 1985
in order to provide a minimum of thirty days training to adequate•y orientate the new employees to
jail operations,
3) Positions #3080 and #3081 should be upgraded from Deputy I to Sergeant, to provide
supervision for the new facilities,
4) This program change will increase the Sheriff Department's 1985 Budget by $34,330
(see attached schedule I) requiring the following transactions:
4-10100-433-10-00-1001 Salaries $21,076
-2074 Fringe Benefits 7,494
-3774 Uniform Replacement 5,760
Total $34,330
4-10100-909-01-00-9900 Continvncy (34,330)
-0-
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Calandro supported by Skarritt the resolution be adopted.
Moved by Calandro .supported by Hassberger the resolution be amended to add funding of
$34,330 for these positions.
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Vote on resolution as amended:
AYES: Aaron, Caddell, Calandro, Doyon, Fortino, Gosling, Hassbergor, Hobart, R. Kuhn,
S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff,
Pernick, Price, Rewold, Skarritt, Webb. (26)
NAYS: Wilcox. (1)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
367
Commissioners Minutes Continued. November 7, 1985
Misc. 85318
By Planning and Building Committee
IN RE: Oakland/Pontiac Airport.
MICHIGAN AERONAUTICS COMMISSION GRANT UOGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution No. 84232 the Oakland County Board. of Commissioners
approved a Federal Aviation Administration Grant Agreement, Project No. 3-26-0079-0284, for sur-
face treatment for Runway 9R-271, at the Oakland/Pontiac Airport: and
WHEREAS the County of Oakland is in receipt of a Michigan Aeronautics Commission Grant
Agreement in the amount of $25,200.00 for this same project; and
WHEREAS the County's match is in the form of reimbursement for land previously purchased
and no additional County funds are required; and
WHEREAS the Airport Committee has reviewed and approved the Grant subject to ratification
by the Oakland County Board of Commissioners and believe it to be in the County's interest to accept
the Grant.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant award, Project No. 3-26-0079-0284, in the amount of $25,200.00 from the Michigan Aeronautics
Commission.
BE IT FURTHER RESOLVED that the Chairperson of the Board of ComMissioners is hereby autho-
rized to execute the Grant Agreement on behalf of the County . of Oakland,
Mr. Chairperson, on behalf of the Planning and Building COmmittee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
, Anne M, Hobart, Chairperson
Moved by Hobart supported by Perinoff the resolution be adopted.
AYES: Aaron, Caddell, Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, tarn
Low, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price,
Rewold, Skarritt, Webb, Wilcox. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85319
By Planning and Building Committee
IN RE: Sewer, Water and Solid Waste Division
SOLID WASTE MANAGEMENT ACT 641 GRANT FOR SOLID WASTE MANAGEMENT PLANNING - FISCAL YEAR 1985-86 AND
CONSULTING ENGINEERING CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Act 641 of Public Acts of 1978, Solid Waste Management Act, offers for local units
of government the opportunity to develop and implement solid waste management plans: and
WHEREAS a plan was approved by this Oakland County Board of Commissioners and by the requi-
site number of municipalities in the County; and
WHEREAS the Director of the Michigan Department of Natural Resources approved the County
plan on July 28, 1983; and
WHEREAS Act 641 provides for 80% state matching paVments for plan preparation and imple-
mentation to the extent state funding is available; and
WHEREAS approximately $49,011 in state funds is available to Oakland County for fiscal
year 1985-86; and
WHEREAS the County of Oakland, in the process of implementing the plan needs certain con-
sulting engineering services as outlined in the attached work program; and
WHEREAS the County of Oakland will need to supplement the state grant for activities de-
scribed in the work program with 201$ ($12,253) in local funds; and
WHEREAS the County of Oakland must execute the attached Contract with the State Department
of Natural Resources not later than December 2, 1985 to receive fiscal year 1985-86 state planning
funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby autho-
rized the Chairperson of the Board and the Oakland County Executive to execute the necessary contract
between the Michigan Department of Natural Resources and the County of Oakland to receive fiscal year
1985-86 grant funds as provided in the Solid Waste Management :Act 641 of Public Acts of 1978.
BE IT FURTHER RESOLVED that the Oakland County Executive is further authorized to make
reasonable changes to the work program during the course of the study or if required for state approval.
BE IT FURTHER RESOLVED that upon State approval of the contract between the Michigan De-
partment of Natural Resources and the County of Oakland and also the work program, the Chairperson
of the Board of Commissioners and the Oakland County Executive are hereby authorized and directed to
execute the attached Agreement for consulting engineering services by and between the County of
Oakland and Camp, Dresser and McKee, Inc.
Commissioners Minutes Continued. November 7, 1985 368
BE IT FURTHER RESOLVED that the maximum fee for these consulting engineering services
shall not exceed $61,264.00.
Mr. Chairperson, on behalf of the Planning and Building Comnittee, I move the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Fiscal Note
. By Finance Committee
IN RE: Sewer, Water and Solid Waste Division - Solid Waste Management Act 641 Grant for Solid Waste
Management Planning - Fiscal Year 1985-86 and Consulting Engineering Contract
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Finance Committee has reviewed Miscellaneous Resolution #85319 and finds:
1) Oakland County's Solid Waste Management Plan was approved by the. Michigan Department
of Natural Resources on July 28, 1983,
2) Act 641 provides for 8E2 State matching payments for plan preparation and implementation
to the extent State funding is available,
3) The proposed cost for consulting engineering activities for the augmentation of Solid
- Waste Generation Rates is $61,26-4 for the fiscal year 1585-1986, $49,01i or 80 State Grant match,
and $12,253 or 20% County match as shown on the attached schedule.
4) Funds for consulting fees are included in the 1985 and 1586. budget,
5) The following 1986 budget amendment is necessary to increase revenues in the amount
of $49,013 to be reimbursed by the State Department of Natural Resources upon execution of a con-
tract n2 later than December 2„ 1985.
3-10100-142-02-2188 Sewer, Water & Solid Waste Revenue $49,011
4-10100-909-01-5900 Contingency 49,011
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Hobart supported by Moffitt the resolution (with Fiscal Note attached) be adopted.
AYES: Caddell, Calandra, Doyop, Fortino, Gosling, Hassberger, Hdbart, R. Kuhn, S. Kuhn,
Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick, Price, Rewold,
Skarritt, Webb, Wilcox, Aaron. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution (with Fiscal Note attached) was
adopted.
Misc. 85320
By Planning and Building Committee
IN RE: DRAIN OFFICE
MAINLAND DRAIN RIGHT OF WAY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Drainage Board for the Mainland Drain under Chapter 20 of Act 40 of the Public
Acts of 1956 is charged with the construction of the Mniniand Drain; and
WHEREAS the Mainland Drain is to be located upon property owned by the County of Oakland;
and
WHEREAS it is necessary that the County of Oakland grant a right of way to the Mainland
Drainage District for the construction, operation, maintenance, repair and/or replacement of the
Drain.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commis-
sioners be and the same is hereby authorized and directed to execute an agreement granting a right
of way for the Mainland Drain.
Mr. Chairperson, on behalf of the Planning and Building Committee, 1 move the adoption of
the foregoing resolution.
PLANNING. AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Hassberger the resolution be adopted.
Moved by Hobart supported by Susan Kuhn the agenda be corrected by changing Ow tiLle 1170
"Department of Central Services --facilities Engineering Division-Mainland Drain ROW" to read "Drain
Office - MAINLAND DRAIN •RIGHT OF WAY". This change will more correctly identify the denartent
handling the resolution. There were no objections to the correction.
Vote on resolution:
369
Commissioners Minutes Continued. November 7, 1985
AYES: Calandra, Doyon, Fortino, Gosling, liassherger, Hobart,. R. Kuhn, S. Kuhn, Lanni, Law,
McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick, Price, Rewold, Skarritt, Webb,
Wilcox, Aaron, Caddell. (25)
NAYS: None_ (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85305
By Planning and Building Committee
IN RE: Safety Division
FUNDING FOR INSTALLATION OF SECURITY ALARM SYSTEM FOR SOUTH OAKLAND HEALTH BUILDING
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the South Oakland Health Building does not currently have any type of security; and
WHEREAS this building contains controlled substances and other valuable property which
should be protected from break-ins and fire; and
WHEREAS your Planning and Building Committee has reviewed this problem and recommends that
an electronic security system be installed to protect County property.
NOW THEREFORE BE IT RESOLVED that $6,625.00 be and is hereby allocated •to the Department
of Central Services to cover the cost of the electronic security equipment needed to protect the
South Oakland Health Building.
Mr: Chairperson, on behalf of the Planning and Building Committee; I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Fiscal Note
By Finance Committee
IN RE: Safety Division - Funding for Installation of Security Alarm System for South Oakland Health
Building (Miscellaneous Resolution 1185305)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous
Resolution 05305 and finds $6,625 is available in Contingency to fund installation of a security
alarm system for the South Oakland Health Building.
4-10100-905-01-00-9900 Contingency $(6,625)
4-22100-162-01-m-5998 misc. Capital Outlay 6,625
-C-
FFNANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Hobart supported by Webb the resolution (with positive Fiscal Note attached) be
adopted.
AYES: Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell,
McDonald, Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox,
Aaron, Caddell, Calandro. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution (with positive Fiscal Note
attached) was adopted.
Misc. 85921
By Public Services Committee
IN RE: Friend of the Court
1986 COOPERATIVE REIMBURSEMENT PROGRAM CONTRACT APPLICATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Public Services Committee has reviewed the 1986 Cooperative Reimbursement
Program Contract Application - Friend of the Court; and
WHEREAS this is the fifteenth year of a continuing grant; and
WHEREAS the 1586 contract process incorporates several modifications in response to pro-
visions of Title IV-D Federal regulations, including the combination of ADC and Non-ADC IV-D funding
and the elimination of Non-ADC Title IV-D quarterly reimbursement; and
WHEREAS the 1986 application incorporates these modifications and ensures that 1986 State
funding will not be reduced from the 1585 level as a result of these modifications; and
WHEREAS total Title IV.-D program funding for the 1986 contract is 53,860,795, of which
$571,950 represents service fees, with the balance ($3,288,8!15) funded by the State ($2,611,130-79)
and by the County ($677,7l5-215) consistent with the attached schedules: and
Commissioners Minutes Continued. November 7, 1985
WHEREAS the Public Services Committee recommends filing of said application.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
the filing of the 1986 Cooperative Reimbursement Program Contract Application - Friend of the Court.
The Public Services Committee, by James E. Lanni, Chairperson, moves the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Copy of Schedules A and B. on file in County Clerk's Office,
Report to Public Services Committee
By Finance Committee
IN RE: Friend of the Court - 1986 Cooperative Reimbursement Program Contract Application
The Finance Committee has reviewed the 1986 Cooperative Reimbursement Program Contract
Application - Friend of the Court and finds:
I) This is the fifteenth year of a continuing grant contract under the Social Security
Act Title IV for the purpose of enforcement of child support payments,
2) This contract covers the period January 1, 1986 through December 31, 1986,
3) The 1986 contract incorporates several modifications, including the combination of AOC
and Non-ADC IV-D Funding and the elimination of Non-ADC Title 1V-D reimbursement,
4) The 1986 Application ensures that 1986 State funding will not be reduced from the 1985
level as a result of these modifications, consistent with the "hold Harmless" provision of the newly
issued Department of Social Services' regulations,
5) The total Title 1V-D program funding for the 1986 contract is .$3,860,795, of which
$571,950 represents service fees, with the balance ($3,288,845) funded by the State ($2,611,l30-79%)
and by the County ($677,715-21%), consistent with the attached schedules,
Mr. Chairperson, on behalf of the Finance Committee, I recommend acceptance of the foregoing
report and referral of the information contained therein to the Public Services Committee in accor-
dance with Miscellaneous Resolution #8145, revised Federal and State Grant Application Procedures.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Lanni supported by Law the resolution be adopted.
AYES: Fortino, Gosling, Hassberget, Hobart, R. Kuhn, S. Kuhn, tanni, Law, McConnell,
McDonald, Moffitt, Olsen, Page, Perinoff, Pernick, Price, Skarritt, Webb, Wilcox, Aaron, Caddell,
Calandra, Doyoo, (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85322
By Public Services Committee
IN RE: Animal Control Division
REVISED DOG PICK-UP FEE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the OaklartcLCounty Board of Commissioners by Miscellaneous Resolution 118I334, dated
September 17, 1981, established the dog pick up fee at a graduated rate of $20.00 first offense,
$30.00 second offense, and $50.00 third offense in a twelve-month year effective December 1, 1981; and
WHEREAS the pick up fee has not been revised in four years; and
WHEREAS the cost to the County for damages to persons and property caused by dogs has in-
creased substantially in the past few years; and
WHEREAS the pick up and transporting costs for impounded dogs by the Oakland County Animal
Control Division has increased substantially in the past few years.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
establish the Oakland County Animal Control Division dog pick up fee to be at a graduated rate of
$25.00 first offense, $35.00 second offense, and $50.00 third offense in a twelve-month year effective.
December 1, 1985.
BE IT FURTHER RESOLVED that the revised rate schedule be posted conspicuously at all
locations selling dog licenses.
Mr. Chairperson, on behalf of the Public Services Committee, 1 move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Moved by Lanni supported by Susan Kuhn the resolution be adopted.
AYES: Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald,
Moffitt, Page, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, Calandro, Fortino. (21)
NAYS: Olsen. (1)
370
371
Commissioners Minutes Continued. November 7, 1985
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 85323
By Public Services Committee
IN RE: Sheriff's Department
THREE (3) ADDITIONAL DEPUTY POSITIONS - LAW ENFORCEMENT PATROL SERVICES - CITY OF ROCHESTER HILLS
To the Oakland County Board of Commissioners
• Mr. Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's
Department to enter into contract agreements with townships and/or cities for the purpose of Law En-
forcement Patrol Service; and
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #84049 estab-
lished the standard annual cost of $53,613 per deputy for the contract period April 1, 1985 through
March 31, 1986; and
WHEREAS the City of Rochester Hills wishes to enter into such an agreement for the addition
of three (3) full time deputies for the purpose of Law Enforcement Patrol Service for the three (3)
month period January 1, 1386 through March 31, 1986 and renewable annually thereafter at rates estab-
lished by this Board.
NOW THEREFORE BE IT RESOLVED that the Oakland: County Board of Commissioners authorize the
Chairperson of the Board and the Oakland County Sheriff to enter into an agreement with the City of
Rochester Hills for the addition of three (3) deputies For the purpose of Law Enforcement Patrol
Services at the annual cost of $53,613 for the three month period January 1, 1986 through March 31,
1986, consistent with the terms of the attached agreement,
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 Gosling the resolution be adopted.
AYES: Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, Moffitt,
Moore, Olsen, Page, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandra,
Doyon, Fortino, Gosling. (25)
NAYS: None. (0)
The Chairperson stated the roll call had been taken in error and the Resolution should be
referred to the Finance Committee. There were no objections to the Referral.
Misc. 85307
By Public Services Committee
IN RE: EMS and Disaster Control Division
TORNADO WARNING SYSTEM EXPANSION - CITY OF FERNDALE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution Number 7865,
7971 and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be
utilized within the Oakland County Tornado Warning System; and
WHEREAS the County share of the costs will remain at twenty-five percent as has been the
policy previously established by the Board of Commissioners by various Miscellaneous Resolutions
whereby local units pay seventy-five pertent and the County twenty-five percent with the County
being responsible for the maintenance and electrical costs for the sirens purchased; and
WHEREAS the City of Ferndale, per the attached Purchase Agreements, has requested to par-
ticipate in the Siren System; and
WHEREAS the City of Ferndale has agreed to pay seventy-five percent of the total estimated
cost of one siren, and the modification of five sirens, and
WHEREAS consistent with the attached standard agreements, the City of Ferndale agrees that
Oakland County will retain ownership of the siren and modification equipment nnd will be responsible
for the maintenance of and electrical costs for the siren and the maintenance for the modification
equipment purchased under this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
appropriation of $3,088.00 consistent with the attached budget as Oakland County's match.
BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the
execution of the attached written agreement between the County and the City of Ferndale.
BE IT FURTHER RESOLVED that the County Executive be and is hereby authorized to execute said
agreement.
BE IT FURTHER RESOLVED that written quarterly progress reports be presented to the Public
Services Committee by the Manager of the Emergency Medical Services and Disaster Control Division and
to the balance of the members of the Board of Commissioners.
Mr. Chairperson, on behalf of the Public Services Committee, t move the adoption of the
Commissioners Minutes Continued. November 7, 1985 372
foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Fiscal Note
By Finance Committee
IN RE: EMS/Disaster Control Division - Tornado Warning System Expansion - City of Ferndale.
(Miscellaneous Resolution 6,85307)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Commit-tee has reviewed Miscellaneous
Resolution #85307 and finds:
1) The City of Ferndale has requested participation in the siren system through purchase
of one (1) tornado siren,
2) Estimated cost of the siren is $12,352, of which $9,264 (7510 is the City of Ferndale
share and $3,088 (257) is County share,
3) Consistent with past agreements, the County will retain ownership et He sirens and will
be responsible for maintenance and electrical costs for the sirens,
4) $3,088 is available in Contingency, said funds to transferred to the Disaster Control
unit line-item for Capital Outlay as follows:
909-01-00-9900 Contingency $(3,088)
177-05-00-5995 Capital Outlay 3,088
-0-
5) Further, the Finance Committee finds that costs for maintenance contracts. and electricity
will be ongoing- (annual),
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Lanni supported by Hassberger the resolution (with fiscal .Note attached) be adopted.
AYES: Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, Moffitt, Moore, Olsen
Page, Perinoff, Pernick, Price, Rewold, Skartitt, Webb, Wilcox, Aaron, Caddell, Calandra, Doyon,
Fortino, Gosling, Hassberger. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution (with Fiscal Note attached)
was adopted.
Mr. Wilcox stated that items listed as ''e" through "o" under Public Services Committee on
the agenda are for the Economic Development Division Projects and are similar; therefore he requested,
if there were no objections, that Mr. Lanni read all the above numbered resolutions, and then he
would accept a motion and support for the adoption of all the resolutions as a group. There were
no objections to Mr. Wilcox'S request.
Misc. 85324
By Public Services Committee
IN RE: Economic Development Group
RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (MARK T. JACOBSON & ASSOCIATES, INC. PROJECT)
To the Oakland County Board of Commissioner's
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there exists In the County of Oakland the need for projects lo alleviate and prevent
conditions of onemployement, to assist and retain local industrial and comMeteial enterprises in order
to strengthen and revitalize the County's economy add to encourage the loCation and expansion of such
enterprises to provide needed services and facilities to the County and Its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts
of 1974, as amended (the "Act') provides a means for the encOuragement of such prOjects in this County
through the County's Economic Development Corporation (the "EDC"); and
WHEREAS the CDC has commenced proceedings under the Act for the benefit of such a project
(Mark T. Jacobson & Associates, inc. Project) and has designated to this Board of Commissioners a
Project Area and Project District Area for its approval;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows:
I. The Project Area, as described in Exhibit A attached hereto', as designated by the EDC to
this Board be and is hereby certified as approved.
2) That, it having been determined that the territory surrounding said designated Project
Area will not be significantly affected by the Project because the surrounding territory is devoted to
commercial/industrial uses, a Project District Area having the same description as and boundaries
coterminous with the Project Area herein certified as approved be hereby established.
3) That, it having been determined that there are less than eighteen (18) residents, real
property owners, or representatives of establishments locattd within the Project District Area, a
373
Commissioners Minutes Cantinued. November 7, 1985
Project Citizens District cpuncilshall not be formed pursuant to Section 20(b) of the Act.
4) That the County Clerk be, and is hereby, directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC.
The Public Services Committee, by James Edward Lanni, Chairperson, moves for adoption of
the foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Misc. 85325
By Public Services Committee
IN RE: Economic Development Group
RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (MARK T. JACOBSON & ASSOCIATES, INC.
PROJECT)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors
of the Economic Development Corporation of the County of Oakland designating a Project Area and Pro-
ject District Area for a project (Mark T. Jacobson & Associates, Inc. Project) under the Economic
Development Corporations Act, Act No, 338 of the Michigan Public Acts of 1974, as amended (the "Act"):
and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County of
Oakland of two additional directors to the Board of said Economic Development Corporation in con-
nection with said Project, in accordance with Section 4(2) of the Act;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
1. The appointments of Loren D. Riley and E. James Houston, who are representative of
neighborhood residents and business interests likely to be affected by said Project, to the Board
of Directors of the Economic Development Corporation of the County of Oakland are hereby confirmed
in accordance with Section 4(2) of Act No. 338 of the Michigan Public Acts of 1974, as amended. Loren
D. Riley and E. James Houston shall cease to serve when the project for which they ate appointed is
either abandoned or, if undertaken, is completed in accordance with the Project Plan therefor.
2. All resolutions or parts thereof in conflict with this resolution are hereby repealed,
but only to the extent of such conflict.
3. The County Clerk be and is hereby directed to provide four certified copies of this
resolution to the Assistant Secretary of the Board of the Economic Development Corporation.
The Public Services Committee, by James E. Lanni, Chairperson, moves for adoption of the
foregoing resolution,
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Misc. 85326
By Public Services Committee
IN RE: Economic Development Group
RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (OPTONViLLE NURSING HOME (LAKE ORION PROJECT)
To the Oakland County. Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent
conditions of unemployment, to assist and retain local industrial and commercial enterprises in order
to strengthen and revitalize the County's economy and to encourage the location and expansion of such
enterprises to provide needed services and facilities to the County and its residents: and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts
of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this
County through the County's Economic Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project
(Ortonville Nursing Home (Lake Orion,) Project) and has designated to this Board of Commissioners a
Project Area and Project District Area for its approval;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
1. The Project Area, as described in Exhibit A attached hereto, as designated by the EOC
to this Board be and is hereby certified as approved.
2. That, it having been determined that the territory surrounding said designated Project
Area will not be significantly affected by the Project because the surrounding territory is devoted
to commercial/industrial uses, a Project District Area having the same description as and boundaries
coterminous with the Project Area herein certified as approved be hereby established.
3. That, it having been determined that there are less than eighteen (18) residents, real
property owners, or representatives of establishments located within the Project District Area, a Pro-
ject Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
4. That the County Clerk be, and is hereby, directed to provide four certified topics of
this resolution to the Secretary of the Board of the EDC.
The Public Services Committee, by James E. Lanni, Chairperson, moves for adoption of the
foregoing resolution. PUBLIC SERVICES COMMITTEE
Janes E. Lanni, Chairperson
Commissioners Minutes Continued. NoVeMber 7, 1985 374
Misc. 85327
By Public Services Committee
IN RE: Economic Development Group
RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (ORTONV1LLE NURSING HOME -LAKE. ORION
PROJECT
To the Oakland County. Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors
of the Economic Development Corporation of the County of Oakland designating a Project Area and
Project District Area for a project (Ortonvilie Nursing Home. (Lake Orion) Project) under the Econ-
omic Development Corporations Act, Act No. 338 of the Michigan Public_ Acts of 1974, as amended (the
"Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County
of Oakland of two additional directors to the Board of said Economic Development . Corporation in
connection with said Project, in accordance with Section 4(2) of the Act;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
I. The appointments of Christopher L. Rose and Beth Dumala, who are representative of
neighborhood residents and business interests likely to be affected by said Project, to the Board
of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed
in accordance with Section 4(2) of Act NO. 338 of the Michigan Public Acts of 1974, as aMended.
Christopher L. Rose and Beth Dumala shall cease to serve when the Project for which they are ap-
pointed is either abandoned or, if undertaken, is completed in accordance with the Project Plan
therefor..
2. All resolutions or parts thereof fn conflict with this resolution are hereby repealed,
but only to the extent of such conflict. -
3. The County Clerk be and is hereby. directed to provide four certified copies of this
resolution to the Assistant Secretary of the Board of the Economic DevelopMent Corporation.
The Public Services Committee, by James E. Lanni, Chairperson, moves for adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Misc. 85328
By Public Services Committee
IN RE: Economic Development Group
RESOLUTION APPROViNG PROJECT AREA AND PROJECT DISTRICT AREA (GEORGE PAPADEL1S PROJECT)
TO the Oakland County Board of Commissioner's
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and
prevent conditions of unemployment, to assist and retain local industrial and commercial enter-
prises in order to strengthen and revitalize the County's economy and to encourage the location
and expansion of such enterprises to provide needed services and facilities to the County and
its residents; and
WHEREAS the Economic Development Corporations Act, Act No, 338 of the Michigan Public
Acts of 1974, as amended (the "AcC) provides a means for the encouragement of such projects in
this County through the Couhtyls Economic Development corporation (the 'EDC); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a pro-
ject (George PapadeliS Project) and has designated tO thiS Beard of Comnis.sioners a Project Area
and Project District Area for its approval;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
1. The Project Arta, as described in Exhibit A attached hereto, as designated by the
EDC to this Board be and is hereby certified as approved.
2. That, it having been determined that the territory surrounding said designated Pro-
ject Area will not be significantly affected by the Project because the surrounding territory is
devoted to commercial/industrial uses, a Project District Area having the same description as and
boundaries coterminous with the Project Area herein certified as approved be hereby eStablished.
3. That, it having been determined that there are less than eighteen (18) residents,
real property owners, or representatives of establishment's located within the Project District
Area, a Project Citizens District Council shall not be formed pursuant ta Settion 20(b) of the
Act.
4. That the County Clerk be, and is hereby, directed to provide four certified copies
of this resolution to the Secretary of the Board of theEDC.
The Public Services Committee, by James E. Lanni, Chairperson, moves for adoption of
the foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
375
Commissioners Minutes Continued. November 7, 1985
Misc. 85329
By Public Services Committee
IN RE: Economic Development Group
RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (GEORGE PAPADELIS PROJECT)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors
of the Economic Development Corporation of the County of Oakland designating a Project Area and
Project District Area for a project (George Papadelis Project) under the Economic Development Cor-
porations Act, Act Na. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive of the Couniy
of Oakland of two additional directors to the Board of said Economic - Development Corporation in
connection with said Project, in accordance with Section 4(2) of the Act;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, is
follows:
1. The appointments of William C. Offer and Philip Sanzica, who are representative - of
neighborhood residents and business interests likely to be affected by said Project, to the Board
of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed
in accordance with Section 4(2) of Act No. 338 of the Michigan Public Acts of 1974, as amended.
William C. Offer and Philip Sanzica shall cease to serve when the Project for which they are ap-
pointed is either abandoned or, if undertaken, is completed in -accordance with the Project Plan
therefor.
2. All resolutions or parts thereof in conflict with this resolution are hereby repealed,
but only to the extent of such conflict.
The County Clerk be.. and.hereby directed to provide four certified copies of this
resolution to the Assistant Secretary of the Board of the Economic Development Corporation.
The Public Services Committe, by James E. Lanni, Chairperson, moves for adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Misc. 85330
By Public Services Committee
IN RE: Economic Development Group
RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (INCOE CORPORATION PROJECT)
To the Oakland County Board of Commissioners
Mr. ChairperSon, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and
prevent conditions of unemployment, to assist and retain local industrial and commercial enter-
prises in order to strengthen and revitalize the County's economy and to encourage the location
and expansion of such enterprises to provide needed services and facilities to the County and
its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public
Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in
this County through the County's Economic Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a pro-
ject (lncoe Corporation Project) and has designated to this Board of Commissioners a Project Area
and Project District Area for its approval.
NOW THEREFORE BE IT RESOLVED BYTHE BOARD OF COMMISSINERS OF THE COUNTY OF OAKLAND, as
follows:
1. The Project Area, as described in Exhibit A attached hereto, as designated by the EDC
to this Board be and is hereby certified as approved.
2. That, it having been determined that the territory surrounding said designated Project
Area will not be significantly affected by the Project because the surrounding territory is devoted
to commercial/industrial uses, a Project District Area having the same description as and boundaries
coterminous with the Project Area herein Certified as approved be hereby established.
3. That, it having been determined that there are less than eighteen (18) residents,
real property owners, or representatives of establishments located within the Project District Area,
a Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
4. That the County Clerk be, and is hereby, directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC-
The Public Services Committee, by James E. Lanni, Chairperson, moves for adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E.Lanni, Chairperson
Commissioners Minutes Continued. November 7, 7985 376
Misc. 85331
By Public Services Committee
IN RE: Economic Development Group
RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL [DC DIRECTORS (INCOF CORnORATION Iftj/
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors
of The Economic Development Corporation of the County of Oakland designating a Project Area and Pro-
ject District. Area for a Project (Incoe Corporation Project) under the Economic Development . Corpo-
rations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAf it is necessary to confirm the appointment by the County Executive of the County
of Oakland of two additional directors to the Board of said Economic Development Corporation in
connection with said Project, in accordance with Section 4(2) of the Act;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
I. The appointments of J. Calvin Waiters and Harry Kirk, who are representative of
neighborhood residents and business interests likely to be affected by said Project, to the Board
of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed
in accordance with Section 4(2) of Act No. 338 of the Michigan Public Acts of 1974, as amended.
J. Calvin Walters and Harry Kirk shall cease to serve when the Project for which they are appointed
is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefor.
2. All resolutions or parts thereof in conflict with this resolution are hereby repealed,
but only to the extent of such conflict.
3. The County Clerk be and is hereby directed to provide four certified copies of this
resolution to the Assistant Secretary. of the Board of the Economic Development Corporation•
The Public Services Committee, by James E. Lanni, Chairperson, moves for adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE •
James E. Lanni, Chairperson
Misc. 85332
By Public Services Committee
IN RE: Economic Development Group
RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (HERBERT CHERNICK PROJECT)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent
conditions of unemployment, to assist and retain local industrial and, commercial enterprises in order
to strengthen and revitalize the County's economy and to encourage the location and expansion of such
enterprises to provide needed services and facilities to the County and its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts
of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County
through the County's Economic Development Corporation (the "EU"); and
WHEREAS the [DC has commenced proceedings under the Act for the benefit of such a project.
(Herbert Chernick Project) and has designated to this Board of Commissioners a Project Area and Pro-
ject District Area for its approval;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
1. The Project Area, as described. in Exhibit- A attached hereto, as designated by the EDC
to this Board be and is hereby certified as approved.
2. That, it having been determined that the territory surrounding said designated Project
Area will not be significantly affected by the Project because the surrounding territory is devoted
to commercial/industrial uses, a Project District Area having the same description as and boundaries
coterminous with the Project Area herein certified as approved be hereby established.
3. That, it having been determined that there are less than eighteen. (18) residents, real
property owners, or representatives of establishments located within the Project District Area, a
Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
4. That the County Clerk be, and is hereby, directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC.
The Public Services Committee, by James E. Lanni, Chairperson, moves for adoption of the
foregoing resolution.
PUBLIC SERVICES COmMITTIT
damos E. Chdirper
"Misc. 85333
By Public Services Committee
IN RE: Economic Development Group
RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (HERBERT CHERNICK PROJECT)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors
377
Commissioners Minutes Continued. November 7, 1985
of The Economic Development Corporation of the County of Oakland designating a Project Area and
Project District Area for a project (Herbert Chernick Project) under the Economic Development
Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County
of Oakland of two additional directors to the Board of said Economic Development Corporation in
connection with said Project, in accordance with Section 4(2) of the Act;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
1. The appointments of Timothy J. Palulian and Richard M. Olsen, who are'representative
of neighborhood residents and business interests likely to be affected by said Poject, to the Board
of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed
in accordance with Section 4(2) of Act No. 338 of the Michigan Public Acts of 1974, as amended.
Timothy J. Palulian and Richard M. Olson shall cease to serve when the Project for which they are
appointed is either abandoned or, if undertaken, is completed in accordance with the Project Plan
therefor.
2. Ali resolutions or parts thereof in conflict with this resolution are hereby repealed,
but only to the extent of such conflict.
3. The County Clerk be and is hereby directed to provide four certified copies of this
resolution to the ASsistant Secretary of the Board of the Economic Development Corporation.
The Public Services Committee, by James E. Lanni, Chairperson, moves for adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lahni, Chairperson
Misc. 85334
By Public Services Committee
IN RE: Economic Development Group
RESOLUTION APPROVING AMENDED PROJECT PLAN (COMPREHENSIVE RETIREMENT COMMUNITIES LIMITED PARTNERSHIP
PROJECT)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Economic Development Corporation of the County of Oakland (the "FDC) recom-
mended that this Board of Commissioners approve the Project Plan required by the Economic Development
Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") for the
Comprehensive Retirement Communities Limited Partnership Project (the "Project Plan") and this Board
of Commissioners approved the Project Plan following a public hearing; and
WHEREAS the EDC's recommendation to this Board - of Commissioners was based upon its deter-
minations that the Project is reasonable and necessary to effectuate the purposes of the Act, that
the Project Plan prepared in connection with the Project satisfies all of the requirements of Section
of the Act regarding project plans, that the persons who will be active in the management of the
project for at least one (1) year after the projected date of the County Board of Commissioner's
approval of the Project Plan will have sufficient ability and experience to manage the plan properly,
and that the proposed method of financing the Project is feasible and a bond purchaser's commitment
has been obtained and
WHEREAS the Project Plan has been amended to increase the amount estimated as necessary to
construct the Project and the amount of bonds to be issued to finance the Project, and a copy of
the Project Plan as so amended is attached hereto as Exhibit A (the "Amended Project Plan); and
WHEREAS on November 7, 1985, this Board of Commissioners held a public hearing to consider
whether the Amended Project Plan constitutes a public purpose as contemplated by the Act; and
WHEREAS this Board of Commissioners, following such public hearing and it!s review of the
Amilded Project Plan, has determined that the Amended Project Plan does constitute a public pdrpc)'w;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
I. The Amended Project Plan, in the form attached hereto as Exhibit A. be and is hereby
determined to tonstitute a ptiblic purpose as contemplated by the Act.
2. The Amended Project Plan be and is hereby approved.
3. The EDC be and is hereby authorized to take such steps as are necessary to implement
the Project and the financing thereof by the issuance of revenue bonds or notes.
N. The County Clerk be and is hereby directed to provide four certified copies of this
resolution to the Assistant Secretary of the Board of the EDC.
The Public Services Committee, by James E. Lanni, Chairperson, moves for adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Copy of Exhibit A on file in County Clerk's Office.
Moved by Lanni supported by Nelson that all resolutions listed - uhder Economic Development
Group (items "e" through "o" on the agenda) he adopted.
Commissioners Minutes Continued. November 7, 1985 378
AYES: R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore,
Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell,
Calandro, Dovon, Fortino, Gosling, Hassberger, Hobart. (27)
NAYS: None. (0)
A sufficient majority having voted therefor, the Economic Development Resolutions (Nos.
85324, 85325, 85326, 85327, 85328, 85329, 85330, 85331, 85332, 85333 and 85334) were adopted.
Misc. 85335
By Roy Rewold
IN RE: Board of Commissioners
PRISON SITE RECOMMENDATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan, pursuant to Public Act 303 and Public Act 485 of 1980,
has developed a comprehensive plan for future regional correctional facilities; and •
WHEREAS the Michigan Department of Corrections has indicated a need for the construction
of a•re-giOnal prison in Oakland County by 1988 which will require specific site selection in 1985; and
WHEREAS the Department of Corrections is recommending that 92.16 acres in Orion Township
be designated for the proposed State Prison site; and
WHEREAS this location does not meet with any of the principle tenets of the "Program State-
ment for the Regional Prototype Facility" which the State Department of Corrections instructed be used
as the basis for site selection (attached); and
WHEREAS the Orion site does not meet three of the five "important". criteria and .c..ioes not
meet any of the five criteria designated as "desirable" by the State Department of Corrections (see
attached); and
WHEREAS the State-funded consultant's study which recommended the Orion B site did not
address that several local churches and the Township's only senior and junior high schools were
within close proximity to the proposed prison site and did not address the cost of constructing
1.5 miles of waterline to this site which is estimated to be in excess of $1.6 million; and
WHEREAS the only fire protection available to this facility would be provided by volunteers
whose station is located more than 2 miles from the proposed site; and
WHEREAS the consultants report to the State includes many inconsistencies such as a
description of Lapeer Road on Page 15 as a "moderately traveled, 4-lane highway" and on Page 27
as "heavily traveled, divided highway"; and
WHEREAS the consultant's scoring is inconslstent and uses criteria such as ease of ex-
pansion which is in direct conflict with the State's principle premise of providing wailer prisons
in population centers; and
WHEREAS if the scoring were done in a consistent manner, consideration would have been
given to the development costs of the Orion site, environmental impact on the Oakland County and
Orion B sites, neighborhood character of the Orion B site and the fire protection capabilities of
the Auburn. Hills and Orion B sites, and would have resulted in the following total scores: Auburn
Hills, -4; Oakland County, +10, and Orion B, +3 (see attached).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
reject the Department of Corrections' recommendation of the Orion B site for the proposed State
Prison location.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Roy Rewold, Commissioner, District 1116
Moved by Rewold supported by Webb the rules be suspended for immediate consideration of
the resolution.
AYES: S. Kuhn, Onni, Law, McConnell, McDonald, Moffitt, Nelson, Olsen ,Page, Perinoff,
Rewold, Skarritt, Webb, Wilcox, Caddell, Calandra, Gosling, Hobart, R. Kuhn. (19)
NAYS: McPherson, Moore, Pernick, Price, Aaron, Doyon, Fortino, Hassberger. (8)
A sufficient majority having voted therefor, the motion to suspend the rules carried.
Moved by Rewold supported by Gosling the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Lanni, Law, McConnell, McDonald, Moffitt, Nelson, Olsen, Page, Rewold, Skarritt,
Webb, Wilcox, Caddell, Calandra, Gosling, Hobart, R. Kuhn, S. Kuhn. (18)
NAYS; McPherson, Moore, Perinoff, Pernick, Price, Aaron, Doyon, Fortino. (8)
A sufficient majority having voted therefor, the resolution was adopted.
379
Commissioners Minutes Continued. November 7, 1985
Misc. 85336
By Robert W. Pape and Nancy McConnell
IN RE: District Court
EQUITABLE ALLOCATION OF DISTRICT COURT Illi.VFNUES
To the Dakand County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the net cost of operating the various district courts is becoming an ever-increasing
financial burden for the counties or local units of government designated as the district court con-
trol units; and
WHEREAS, at present, portions of the revenues generated by the district courts are allo-
cated to public.libraries, -local units of government which are not designated as district court
control units, and the State of Michigan to defray the expense of certain state programs, and
WHEREAS the state court of appeals decision in the case of Saginaw Public Libraries verses
The Judges of the 70th District Court has added considerable confusion to the process of determining
penal fines versus court costs and, as a consequence of this decision, the calculation of penal fines
has been left to the discretion of the judiciary thus, in some cases, diverting additional revenues
to the public libraries; and
WHEREAS these revenue diversions increase the annual net deficit in the various district
court operations which must be born by the designated court control units.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports legis-
lative amendments to existing statutes which would:
1) allocate to the district court control units, which. bear the net costs of the court
operations, all of the revenues currently distributed to county and/or local units of cioverrieril:;
2) allocate to the district court control units all of the fines and costs currently
being diverted .to the State of Michigan tO defray the expenses of..state operated programs;
3) clearly define by statute the method of calculating penal fines which are due to the
public libraries versus court costs.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its legis-
lative agent and other support staff to work with state senators and represehtatives from Oakland
County to have appropriate legislation drafted and introduced.
Mr. Chairperson, we move the adoption of the foregoing resolution.
Robert W. Page, Commissioner District #13
Nancy McConnell, Commissioner District 723
The Chairperson referred the resolution to the Finance Committee. There were no objections,
Misc. 85337
By Robert W. Page
IN RE: ESTABLISH THE OFFICE OF COUNTY PUBLIC WORKS COMMISSIONER
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Act 170 of the Public Act of 1974 amended the Michigan Drain Code to authorize
the Board of Commissioners to combine various public works powers, duties, and Functions into one
county department headed by an elected Public Works Commissioner; and
WHEREAS the Public Works Commissioner shalr be elected in the same manner and for the
same term as the Drain Commissioner and shall carry out the powers and duties of the Drain Com-
missioner.
WHEREAS the combination of the water and sewer functions of the Division of Sewer, Water
and Solid Waste, excluding the solid waste functions of that Division, with the Drain Commissioner
into one county department headed by a Public Works Commissioner would promote more effective use
of County personnel and funds, and thereby benefit the taxpayers of Oakland County
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners calls a public
hearing to be held on the 21st day of November, 1985 at 10:00 a.m., Eastern Standard Time to consider
the question of the combination of the powers, duties and functions of the Drain Commissioner and the
water and sewer functions of the Division of Sewer, Water and Solid Waste, excluding the solid waste
functions of that Division, into one county department headed by an elected Public Works Commissioner,
pursuant to the provisions of Act 40 of the Public Acts of 1956, as amended by Act! 170 of i974.
I move the adoption of the foregoing resolution.
Robert W. Page, Commissioner District 113
G. William Cadde11, James E. Lanni, Roy Rewold,
Susan Kuhn, Richard R. Wilcox, David Moffitt,
Marilynn E. Gosling, W. A. Hassberger, Anne M. Hobart,
James A. Doyon, Dorothy M. Webb, Betty Fortino,
Richard D. Kuhn, Jr., Dennis M. Aaron, Waiter Moore,
Ralph H. Nelson, Ruel E. McPherson, Richard G. Skarritt
Lawrence R. Pernick, Alexander C. Perinoff,
John P. Calandra, Nancy McConnell
Moved by Page supported by Perinoff the resolution be adopted.
The Chairperson referred the resolution to the Planning and Building Committee and the
General Government Committee. There were no objections.
Commissioners Minutes Continued, November 7, 1985 380
Misc. 85338
By Susan G. Kuhn
IN RE: Probate Court
NEED FOR SUPPLEMENTAL APPROPRIATION FOR THE STATEWIDE CHILD CARE FUND
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Section 117A(4) of PA 87 of 1978 as amended, provides for fifty percent (50 .:1
reimbursement by the State for County CCF expenditures; and
WHEREAS in 1981 the State Legislature capped the State CCF appropriation, forcing Counties
to accept County CCF expenditure caps based on their individual 1979 through 1580 expenditure levels;
and
WHEREAS no increases were granted in the State CCF appropriation in T98I through 1982 and
1982 through 1983 and subsequent increases have been inadequate to reimburse Counties at the fifty
percent (50y) level provided in the statute; and
WHEREAS inflation, increases in foster care rates and institutional per diem rates have
substantially increased CCF expenditures since the cap was established; and
WHEREAS a supplemental appropriation of 1.4 million added to the 1984 through 1985 State
CCF appropriation would enable all Counties to receive approximately fifty percent (505) reimburse-
ment for 1584 through 1985 CtF expenditure (even those over cap); and
WHEREAS Michigan Association of Counties, urges our State Legislature to enact a supple-
mental appropriation to the 1584 through 1985 State ccr of atleast 1.4 million; and
WHEREAS Michigan Association of Counties, urges our State Legislature to support and enact
future State CCF appropriation increases sufficient to reimburse Counties at fifty percent (505) for
all CCF expenditures; and
WHEREAS without a supplemental allocation Oakland County will fall $1,232,029 short of a•
fifty percent (505) match of our Child Care Fund Budget (as of August, 1985);
NOW THEREFORE BE IT RESOLVED that the. County of Oakland Urges the adoption of a supplemental
appropriation of $1,400,000 to allow a distribution of a full fifty percent (505) match of County
expenditures fer child care.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Susan G. Kuhn, Commissioner District /117
The Chairperson referred the resolution to the General Government Committee and the
Health and Human Resources Committee. There were no objeCtions.
Misc. 85339
By Richard G. Skarritt and Robert W. Page
IN RE: Board of Commissioners •
INDEMNIFICATION OF COUNTY COMMISSIONERS, ELECTED AND APPOINTED OFFICIALS AND EMPLOYEES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland has not been able to renew its Public Officials Liability
Policy which protected County officials and employees against civil actions for any alleged error
or mis-statement or act or omission or neglect or breach of duty including misfeasance, malfeasance,
or nonfeasance, in the discharge of their duties; and
WHEREAS . the County of Oakland may not be able to renew its primary coverage under the Broad
Form Comprehensive General Liability Policy Which includes all elected and appointed officials and
employees as named insured; and
WHEREAS the County Administration hat taker' action to protect the County Judges by pur-
chasing a separate Judicial Professional Liability Policy; and
WHEREAS the County Employee Benefits description section of the public Merit System booklet
indicates that the County will provide personal injury coverage for all employees as named insured
on the County policies; and
WHEREAS 1964 PA 170, as amended, authorized indemnification of public officers and
employees while acting on 'behalf of the County within the scope of their authority.
NOW THEREFORE BE IT RESOLVED that whenever a claim is made or a civil action is commenced
against an officer or employee of the County of Oakland for injuries to persons or property allegedly
caused by the officer or employee while acting within the scope of his or her authority, the County
shall pay for, engage or furnish the services of an attorney to advise the officer or employee as to
the claim and to appear for and represent the officer or employee in the action. The County may
compromise, settle and pay the claim before or after the commencement of a civil action. Whenever
a judgment for damages is awarded against an officer or employee of the County at a result of a civil
action for personal injuries or property damage caused by the officer or employee while in the course
of employment and while acting within the scope of his or her authority, the County of Oakland shall
indemnify the officer or employee or pay, settle or compromise the judgment.
BE IT FURTHER RESOLVED that- when a criminal action is coMmenced against an officer or
employee of the County of Oakland based upon the conduct of the officer or employee in the course of
employment, if the employee or officer had a reasonable basis for believing that he or she was acting
within the scope of his or her authority at the time of the alleged conduct, the County of Oakland
LYNN 0. ALLEN
Clerk
RICHARD R. WILCOX
Chairperson
381
Commissioners Minutes Continued. November 7, 1985 .
shall pay for, engage or furnish the services of an attorney to advise the officer or employee as to
the action and to appear for and represent the officer or employee in the. action.
BE IT FURTHER RESOLVED that this resolution shall not impose any liability upon the CoOrty
of Oakland other than that herein set forth.
Mr. Chairperson, I move the adoption of the foregoing resolutison.
Richard G. SkaFritt, Commissioner District #2
Robert W. Page, commissioner District #13
Moved by Skarritt supported by Page the rules be suspended for immediate consideration of
the resolution,
AYES: Law, McConnell, McPherson, Moffitt, Moore, Page, Perinoff, Pernick, Price, Skarritt,
Webb, Wilcox, Aaron, Fortino, R. Kuhn, S. Kuhn, Lanni. (17)
NAYS: Nelson, Olsen, Caddell, Calandro, Doyon, Gosling, Hobart. (7)
A sufficient majority having voted therefor, the motion carried and the rules were suspended.
. Moved by Skarritt supported by Page the resolution be adopted.
Moved by 01-sen supported by Gosling the resolution be referred to the Finance Committee.
AYES: McConnell, McDonald, McPherson, Nelson, Olsen, Rewold, Webb, Wilcox, Caddell,
Calandro, Gosling, Hobart, R. Kuhn, Law. (14)
NAYS: Moore, Page, Perinoff, Pernick, Price, Skarritt, Aaron, Fortino, Lanni. (9)
A sufficient majority having voted therefor, the motion carried and the resolution was
referred to the Finance Committee.
In accordance with Rule XXII, the Chairperson made the following referrals:
GENERAL GOVERNMENT
a. Lake County - Urging Changes in Act 312 Arbitration
b. Representative Brotherton - Acknowledge receipt of Res.'s 85290 and 85289
c. Thomas Bulger - US Senate Bill 1570, Compensatory Time.
d, WDET - Correction to previous letter.
PLANNING AND BUILDING
a. Milford Township - Road Commission - Support Tr-Party Funding
b. Springfield Township - Road Commission - Support Tr-Party Funding
c. Highland Township - Road Commission - Support Tr-Party Funding
d, Michigan Northern Counties Association -Oppose ONR ban on Brine use.
PUBLIC SERVICES
a. Bloomfield Hills - intent to become part of the Enhanced 911 System
b. Birmingham (support) HB 5021, Local Revocation of Liquor Licenses
c. Department of Corrections - Jail Inspection Report
OTHER REFERRALS
Economic Development Group
I. Department of Commerce - EDC Seminar
Management & Budget
1. Equalization - Industrial Development District, Wixom
2. Equalization - Commercial Development District, DxFord Township
Historical Commission
1. Michigan Bureau of History - GTWRR Birmingham Depot, National Historic Place
Moved by Moffitt supported by Webb the referrals be approved.
A sufficient majority having voted therefor, the motion carried.
The Chairperson announced the next meeting of the Board would be November 21, 1985 at 9:30 a.m.
The Board adjourned at 11:35 a.m.