HomeMy WebLinkAboutMinutes - 1993.02.11 - 8143
February 11, 1993
Meeting called to order by Chairperson Larry Crake at 9:35 A.M. in the
Courthouse Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht,
Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (23)
ABSENT: Oaks (with notice) (1)
Quorum present.
Moved by Schmid supported by Pernick the minutes of the December 10, 1992
Board Meeting be corrected on page 347, in the last 'FURTHER' resolved paragraph
at the bottom of the page. The increase should have read 3.0% and through a
typographical error, it was incorrectly listed as 3.096. The corrected paragraph
should read:
"FURTHER that all remaining classes not represented by bargaining units be
increased by 3.0% effective December 26, 1992 including appointed officials and
part-time hourly classes, but excluding:- - -"
A sufficient majority having voted therefor, the correction was approved.
Moved by Schmid supported by Pernick the minutes of the January 7, 1993
Board Meeting be approved as printed.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Schmid supported by Pernick the rules be suspended and the agenda
amended as follows:
GENERAL GOVERNMENT COMMITTEE:
c. Special Election - 11th County Commission District (Rule XI. (F) Direct
Referral to Finance
PUBLIC SERVICES COMMITTEE
a. Sheriff's Dept. - Addition of Law Enforcement Patrol Services (Township
of Orion) (Rule XI. (F) Direct Referral to Finance.
AYES: Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer,
Pernick, Powers, Price, Schmid, Taub, Wolf. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules carried, and the agenda, as amended, was approved.
Clerk read letter from Chairman Larry P. Crake announcing the appointment
of the following persons to the Care Facility Advisory Council for a term ending
January 1, 1995: Marilynn E. Gosling, Earla Smith, Molly Dando, Marye Miller and
David Stanislaw, Jr.
A sufficient majority having voted therefor, the appointments were
confirmed.
Clerk read letter from Chairman Larry P. Crake appointing John McCulloch
and Lawrence Pernick to the Computer User Advisory Council for a term ending
January 1, 1994.
A sufficient majority having voted therefor, the appointments were
approved.
Clerk read thank you note from Commissioner Dennis M. Aaron.
Clerk read letter from Chairman Larry P. Crake appointing Donna Huntoon to
the Community Corrections Advisory Board for a term ending July 1, 1993.
A sufficient majority having voted therefor, the appointment was confirmed.
The following persons addressed the Board: John Nichols, Donald Garrison
and John King.
Clerk read letter from Chairperson Larry P. Crake appointing the following
persons to serve on the Oakland County Historical Commission for a term ending
January 1, 1996: Barbara Randau, Mel Vaara and Janine Suputo.
A sufficient majority having voted therefor, the appointments were
confirmed.
Clerk read letter from Chairman Larry P. Crake appointing Kevin Miltner and
Eugene Kaczmar to the Substance Abuse Advisory Council for a term ending January
1, 1995.
A sufficient majority having voted therefor, the appointments were
confirmed.
Clerk read letter from Chairperson Larry P. Crake appointing the following
Commissioners to serve on the Emergency Medical Services Council for a term
ending January 1, 1995: Dennis N. Powers (delegate), Sue Douglas (alternate),
Jeff Kingzett (delegate), Dennis M. Aaron (alternate).
A sufficient majority having voted therefor, the appointments were
confirmed.
MISCELLANEOUS RESOLUTION #93003
BY: FINANCE COMMITTEE - JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 1992
TAXES
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, ad valorem real property taxes are imposed by the County and the
local taxing units within the County on July 1 and/or December 1 of each year;
and
WHEREAS, a certain portion of these taxes remain unpaid and uncollected
on March 1 of the year following assessment, at which time they are returned
delinquent to the County's treasurer (the "Treasurer"); and
WHEREAS, the Treasurer is bound to collect all delinquent taxes, interest
and property tax administration fees that would otherwise be payable to the local
taxing units within the County; and
WHEREAS, the statutes of the State of Michigan authorize the County to
establish a fund, in whole or in part from borrowed proceeds, to pay local taxing
units within the County their respective shares of delinquent ad valorem real
property taxes, in anticipation of the collection of those taxes by the
Treasurer; and
WHEREAS, the County Board of Commissioners (the "Board") has adopted a
resolution authorizing the County's Delinquent Tax Revolving Fund (the "Revolving
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12
Fund Program"), pursuant to Section 87b of Act No. 206, Michigan Public Acts of
1893, as amended ("Act 206"); and
WHEREAS, such fund has been established to provide a source of monies
from which the Treasurer may pay any or all delinquent ad valorem real property
taxes that are due the County, and any city, township, school district,
intermediate school district, community college district, special assessment
district, drainage district, or other political unit within the geographical
boundaries of the County participating in the County's Revolving Fund Program
pursuant to Act 206 ("local units"); and
WHEREAS, the Treasurer is authorized under Act 206, and has been directed
by the Board, to make such payments with respect to delinquent ad valorem real
property taxes (including the property tax administration fees assessed under
subsection (6) of Section 44 of Act 206) owed in 1992 to the County and the local
units (collectively, the "taxing units") that will have remained unpaid on March
1, 1993 and the Treasurer is authorized to pledge these amounts in addition to
any amounts not already pledged for repayment of prior series of notes (or after
such prior series of notes are retired as a secondary pledge) all as the
Treasurer shall specify in an order when the notes authorized hereunder are
issued (the "Delinquent Taxes"); and
WHEREAS, the Board has determined that in order to raise sufficient
monies to adequately fund the Revolving Fund the County must issue its 1993
General Obligation Limited Tax Notes, in one or more series, in accordance with
Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206 and on the terms and
conditions set forth below.
Now therefore be it resolved by the Oakland County Board of Commissioners
as follows:
I.
GENERAL PROVISIONS
101. Establishment of 1993 Revolving Fund. In order to implement the
continuation of the Revolving Fund Program and in accordance with Act 206, the
County hereby establishes a 1993 Delinquent Tax Revolving Fund (the "Revolving
Fund"), as a separate and segregated fund within the existing Delinquent Tax
Revolving Fund of the County previously established by the Board pursuant to
Section 87b of Act 206.
102. Issuance of Notes. The County shall issue its 1993 General
Obligation Limited Tax Notes in one or more series (the "Notes"), in accordance
with this Resolution and Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206,
payable in whole or in part from the Delinquent Taxes and/or from the other
sources specified below.
103. Aggregate Amount of Notes. (a) The Notes shall be issued in an
aggregate amount to be determined by the Treasurer in accordance with this
Section.
(b) The aggregate amount of the Notes shall not be less than the
amount by which the actual or estimated Delinquent Taxes exceeds (i) the County's
participating share of Delinquent Taxes and (ii) any sums otherwise available to
fund the Tax Payment Account established under Section 702 (including any monies
held in respect of Section 704(c)).
(c) The aggregate amount of the Notes shall not be greater than the
sum of (i) the actual amount of the Delinquent Taxes pledged to the payment of
debt service on the Notes, plus (ii) the amount determined by the Treasurer to be
allocated to a reserve fund. Original proceeds of the Notes devoted to a reserve
fund shall not exceed the lesser of (A) the amount reasonably required for those
of the Notes secured by the reserve fund, (B) 10% of the proceeds of such Notes,
(C) the maximum amount of annual debt service on such Notes, or (D) 125% of
average annual debt service on such Notes.
(d) The aggregate amount of the Notes shall be designated by the
Treasurer by written order after (i) the amount of the Delinquent Taxes, or the
amount of Delinquent Taxes to be funded by the issuance of the Notes, has been
estimated or determined, and (ii) the amount of the required reserve fund has
been calculated. Delinquent Taxes shall be estimated based on delinquencies
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13
experienced during the past three fiscal years and on demographic and economic
data relevant to the current tax year, and shall be determined based on
certification from each of the taxing units. The amount of the reasonably
required reserve fund shall be calculated pursuant to such analyses and
certificates as the Treasurer may request.
104. Proceeds. If the Notes are issued and sold before the Treasurer has
received certification from the taxing units of the amount of the Delinquent
Taxes and if such certification is not reasonably anticipated to occur to allow
distribution of the proceeds of the Notes within 20 days after the date of issue,
the proceeds of the Notes shall be deposited in the County's 1993 Delinquent Tax
Project Account and thereafter used to fund the whole or a part of the County's
1993 Tax Payment Account, 1993 Note Reserve Account and/or 1993 Note Payment
Account, subject to and in accordance with Article VII. If the Notes are issued
and sold on or after such time, the proceeds of the Notes shall be deposited
directly into the County's 1993 Tax Payment Account, 1993 Note Reserve Account
and/or 1993 Note Payment Account, as provided in Article VII.
105. Treasurer's Order Authorizing Notes and Establishing Delinquent
Taxes. At or prior to the time any Notes are issued pursuant to this resolution,
the Treasurer, as authorized by Act 206, may issue a written order specifying the
amount and character of the Delinquent Taxes, the Article or Articles under which
the Notes are being issued and any other matters subject to the Treasurers
control under either this resolution or Act 206.
II.
FIXED MATURITY NOTES
201. Authority. At the option of the Treasurer, exercisable by written
order, Notes may be issued in accordance with this Article II. All reference to
"Notes" in Article II refers only to Notes issued pursuant to Article II, unless
otherwise specified.
202. Date. The Notes shall be dated as of the date of issue or as of such
earlier date specified by written order of the Treasurer.
203. Maturity and Amounts. Notes issued pursuant to this Article II shall
be structured in accordance with subsections (a) or (b) below, as determined by
the Treasurer pursuant to written order.
(a) The first maturity of the Notes or of a series of the Notes shall
be determined by the Treasurer pursuant to written order, but shall not be later
than two years after the date of issue. Later maturities of the Notes shall be on
the first anniversary of the preceding maturity or on such earlier date as the
Treasurer may specify by written order. The Notes shall be structured with the
number of maturities determined by the Treasurer to be necessary or appropriate,
and the last maturity shall be scheduled for no later than the fourth anniversary
of the date of issue. The amount of each maturity shall be set by the Treasurer
when the amount of Delinquent Taxes is determined by the Treasurer or when a
reliable estimate of the Delinquent Taxes is available to the Treasurer. In
determining the exact amount of each maturity the Treasurer shall consider the
schedule of delinquent tax collections prepared for the tax years 1988, 1989,
1990, 1991 and, if available, 1992, and the corollary schedule setting forth the
anticipated rate of collection of those Delinquent Taxes which are pledged to the
repayment of the Notes. The amount of each maturity and the scheduled maturity
dates of the Notes shall be established to take into account the dates on which
the Treasurer reasonably anticipates the collection of such Delinquent Taxes and
shall allow for no more than a 10% variance between the debt service payable on
each maturity date. The Notes, and the anticipated amount of pledged monies
available on such maturity date to make payment of such debt service.
(b) Alternatively, the Notes or a series of the Notes may be
structured with a single stated maturity falling not later than the fourth
anniversary of the date of issue. Notes issued under this subsection (b) shall be
subject to redemption on such terms consistent with Section 209 as shall be
ordered by the Treasurer, but in no event shall such Notes be subject to
redemption less frequently than annually.
204. Interest Rate and Date of Record.
(a) Except as otherwise provided in this paragraph, Notes issued
pursuant to subsection (a) of Section 203 shall bear interest payable
semi-annually, with the first interest payment to be payable (i) on the first
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14
date, after issuance, corresponding to the day and month on which the maturity of
such Notes falls or (ii) if the Treasurer so orders, six months before such date.
In the event (i) any maturity of the Notes arises either less than six months
before the succeeding maturity date or less than six months after the preceding
maturity date and (ii) the Treasurer so orders in writing, interest on the Notes
shall be payable on such succeeding or preceding maturity date. Subject to the
following sentence, Notes issued pursuant to subsection (b) of Section 203 shall,
pursuant to written order of the Treasurer, bear interest monthly, quarterly or
semiannually, as provided by written order of the Treasurer. If Notes issued
under this Article II are sold with a variable rate feature as provided in
Article IV, such Notes may, pursuant to written order of the Treasurer, bear
interest weekly, monthly, quarterly or on any put date, or any combination of the
foregoing, as provided by written order of the Treasurer.
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the registered
owner of each Note as of the applicable date of record, provided, however, that
the Treasurer may agree with the Registrar (as defined below) on a different
method of payment.
(d) Subject to Section 403 in the case of variable rate Notes, the
date of record shall be not fewer than 14 nor more than 31 days before the date
of payment, as designated by the Treasurer prior to the sale of the Notes.
205. Note Form. The form of Note shall be consistent with the
prescriptions of this Resolution and shall reflect all material terms of the
Notes. Unless the Treasurer shall by written order specify the contrary, the
Notes shall be issued in fully registered form both as to principal and interest,
registrable upon the books of a note registrar (the "Registrar") to be named by
the Treasurer. If the Notes are issued in bearer form the Treasurer shall appoint
a paying agent (the "Paying Agent"). (The Registrar or Paying Agent so named may
be any bank or trust company or other entity, including the County, offering the
necessary services pertaining to the registration and transfer of negotiable
securities.)
206. Denominations and Numbers. The Notes shall be issued in one or more
denomination or denominations of $1,000 each or any integral multiple of $1,000
in excess of $1,000, as determined by the Treasurer. Notwithstanding the
foregoing, however, in the event the Notes are deposited under a book entry
depository trust arrangement pursuant to Section 208, the Notes shall, if
required by the depository trustee, be issued in denominations of $5,000 each or
any integral multiple of $5,000. The Notes shall be numbered from one upwards,
regardless of maturity, in such order as the Registrar shall determine.
207. Transfer or Exchange of Notes.
(a) Notes issued in registered form be transferrable on a note
register maintained with respect to the Notes upon surrender of the transferred
Note, together with an assignment executed by the registered owner or his or her
duly authorized attorney-in-fact in form satisfactory to the Registrar. Upon
receipt of a properly assigned Note the Registrar shall authenticate and deliver
a new Note or Notes in equal aggregate principal amount and like interest rate
and maturity to the designated transferee or transferees.
(b) Notes may likewise be exchanged for one or more other Notes with
the same rate and maturity in authorized denominations aggregating the same
principal amount as the Note or Notes being exchanged, upon surrender of the Note
or Notes and the submission of written instructions to the Registrar or, in the
case of bearer Notes, to the Paying Agent. Upon receipt of a Note with proper
written instructions the Registrar or Paying Agent shall authenticate and deliver
a new Note or Notes to the owner thereof or to owner's attorney-in-fact.
(c) Any service charge made by the Registrar or Paying Agent for any
such registration, transfer or exchange shall be paid for by the County as an
expense of borrowing, unless otherwise agreed by the Treasurer and the Registrar
or Paying Agent. The Registrar or Paying Agent may, however, require payment by a
noteholder of a sum sufficient to cover any tax or other governmental charge
payable in connection with any such registration, transfer or exchange.
208. Book Entry Depository Trust. At the option of the Treasurer and
notwithstanding any contrary provision of Section 212, the Notes may be
deposited, in whole or in part, with a depository trustee designated by the
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15
Treasurer who shall transfer ownership of interests in the Notes by book entry
and who shall issue depository trust receipts or acknowledgments to owners of
interests in the Notes. Such book entry depository trust arrangement, and the
form of depository trust receipts or acknowledgments, shall be as determined by
the Treasurer after consultation with the depository trustee. The Treasurer is
authorized to enter into any depository trust agreement on behalf of the County
upon such terms and conditions as the Treasurer shall deem appropriate and not
otherwise prohibited by the terms of this Resolution. The depository trustee may
be the same as the Registrar otherwise named by the Treasurer, and the Notes may
be transferred in part by depository trust and in part by transfer of physical
certificates as the Treasurer may determine.
209. Redemption.
(a) Subject to the authority granted the Treasurer pursuant to
subsection (c) of this Section (in the case of fixed rate Notes) and to the
authority granted the Treasurer pursuant to Section 404 (in the case of variable
rate Notes), the Notes or any maturity or maturities of the Notes shall be
subject to redemption prior to maturity on the terms set forth in subsection (b)
below.
(b) Notes scheduled to mature after the first date on which any Notes
of the series are scheduled to mature shall be subject to redemption, in inverse
order of maturity, on each interest payment date arising after the date of issue.
(c) If the Treasurer shall determine such action necessary to enhance
the marketability of the Notes or to reduce the interest rate to be offered by
perspective purchasers on any maturity of the Notes, the Treasurer may, by
written order prior to the issuance of such Notes, (i) designate some or all of
the Notes as non-callable, regardless of their maturity date, and/or (ii) delay
the first date on which the redemption of callable Notes would otherwise be
authorized under subsection (b) above.
(d) Notes of any maturity subject to redemption may be redeemed
before their scheduled maturity date, in whole or in part, on any permitted
redemption date or dates, subject to the written order of the Treasurer. Notes
called for redemption shall be redeemed at par, plus accrued interest to the
redemption date, plus, if the Treasurer so orders, a premium of not more than 1%.
Redemption may be made by lot or pro rata, as shall be determined by the
Treasurer.
(e) With respect to partial redemptions, any portion of a Note
outstanding in a denomination larger than the minimum authorized denomination may
be redeemed, provided such portion as well as the amount not being redeemed
constitute authorized denominations. In the event less than the entire principal
amount of a Note is called for redemption, the Registrar or Paying Agent shall,
upon surrender of the Note by the owner thereof, authenticate and deliver to the
owner a new Note in the principal amount of the principal portion not redeemed.
(f) Notice of redemption shall be by first class mail 30 days prior
to the date fixed for redemption, or such shorter time prior to the date fixed
for redemption as may be consented to by the holders of all outstanding Notes to
be called for redemption. Such notice shall fix the date of record with respect
to the redemption if different than otherwise provided in this Resolution. Any
defect in any notice shall not affect the validity of the redemption proceedings.
Notes so called for redemption shall not bear interest after the date fixed for
redemption, provided funds are on hand with a paying agent to redeem the same.
210. Discount. At the option of the Treasurer, the Notes may be offered
for sale at a discount not to exceed 2%.
211. Public or Private Sale. The Treasurer may, at the Treasurer's
option, conduct a public sale of the Notes after which sale the Treasurer shall
either award the Notes to the lowest bidder or reject all bids. The conditions of
sale shall be as specified in a published Notice of Sale prepared by the
Treasurer announcing the principal terms of the Notes-and the offering.
Alternatively, the Treasurer may, at the Treasurer's option, negotiate a private
sale of the Notes as provided in Act 206. If required by law or if otherwise
determined by the Treasurer to be in the best interest of the County, (a) the
Notes shall be rated by a national rating agency selected by the Treasurer, (b) a
good faith deposit shall be required of the winning bidder, and/or (c) CUSIP
numbers shall be assigned to the Notes. If a public sale is conducted or if
Commissioner Minutes Continued. February 11, 1993
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otherwise required by law or the purchaser of the Notes, the Treasurer shall
prepare or cause to be prepared and disseminated an offering memorandum or
official statement containing all material terms of the offer and sale of the
Notes. Pursuant to any sale of the Notes, the County shall make such filings,
shall solicit such information and shall obtain such governmental approvals as
shall be required pursuant to any state or federal law respecting back-up income
tax withholding, securities regulation, original issue discount or other
regulated matter.
212. Execution and Delivery. The Treasurer is authorized and directed to
execute the Notes on behalf of the County by manual or facsimile signature,
provided that if the facsimile signature is used the Notes shall be authenticated
by the Registrar or any tender agent as may be appointed pursuant to Section
801(c). The Notes shall be sealed with the County seal or imprinted with a
facsimile of such seal. The Treasurer is authorized and directed to then deliver
the Notes to the purchaser thereof upon receipt of the purchase price. The Notes
shall be delivered at the expense of the County in such city or cities as may be
designated by the Treasurer.
213. Renewal, Refunding or Advance Refunding Notes. If at any time it
appears to be in the best interests of the County, the Treasurer, by written
order, may authorize the issuance of renewal, refunding or advance refunding
Notes. The terms of such Notes, and the procedures incidental to their issuance,
shall be set subject to Section 309 and, in appropriate cases, Article X.
III .
SHORT TERM RENEWABLE NOTES
301. Authority. At the option of the Treasurer, exercisable by written
order, Notes may be issued in accordance with this Article III. All references to
"Notes" in Article III refer only to Notes issued pursuant to Article III, unless
otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of
issuance or any prior date selected by the Treasurer and each issuance thereof
shall mature on such date or dates not exceeding one year from the date of their
issuance as may be specified by written order of the Treasurer.
303. Interest and Date of Record. The Notes shall bear interest payable
at maturity at such rate or rates as may be determined by the Treasurer not
exceeding the maximum rate of interest permitted by law on the date the Notes are
issued. The date of record shall be not fewer than two nor more than 31 days
before the date of payment, as designated by the Treasurer prior to the sale of
the Notes.
304. Note Form. The form of Note shall be consistent with the
prescriptions of this Resolution and shall reflect all material terms of the
Notes. The Notes shall, in the discretion of the Treasurer and consistent with
Section 205, either be payable to bearer or be issued in registered form. If
issued in registered form, the Notes may be constituted as book-entry securities
consistent with Section 208, notwithstanding any contrary provision of Section
308.
305. Denomination and Numbers. The Notes shall be issued in one or more
denomination or denominations, as determined by the Treasurer. The Notes shall be
numbered from one upwards, in such order as the Treasurer determines.
306. Redemption: The Notes shall not be subject to redemption prior to
maturity.
307. Sale of Notes. The authority and obligations of the Treasurer set
forth in Sections 210 and 211 respecting Fixed Maturity Notes shall apply also to
Notes issued under Article III.
308. Execution and Delivery. The authority and obligations of the
Treasurer set forth in Section 212 respecting Fixed Maturity Notes shall also
apply to Notes issued under Article III.
309. Renewal or Refunding Notes.
(a) The Treasurer may by written order authorize the issuance of
renewal or refunding Notes (collectively, "Renewal Notes"). Renewal Notes shall
be sold on the maturity date of, and the proceeds of the Renewal Notes shall be
applied to the payment of debt service on, Notes to be renewed. The maturities
and repayment terms of the Renewal Notes shall be set by written order of the
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Treasurer.
(b) In the order authorizing Renewal Notes, the Treasurer shall
specify whether the Notes shall be issued in accordance with this Article III, in
which event the provisions of Article III shall govern the issuance of the Notes,
or whether the Notes shall be issued in accordance with Article II, in which
event the provisions of Article II shall govern the issuance of the Notes. The
order shall also provide for and shall also govern with respect to:
(i) the aggregate amount of the Renewal Notes;
(ii) the date of the Renewal Notes;
(iii) the denominations of the Renewal Notes;
(iv) the interest payment dates of the Renewal Notes;
(v) the maturity or maturities of the Renewal Notes;
(vi) the terms of sale of the Renewal Notes;
(vii) whether any Renewal Notes issued in accordance with Article II
shall be subject to redemption and, if so, the terms thereof; and
(viii) any other terms of the Renewal Notes consistent with, but not
specified in, Article II or Article III.
(c) Regardless of whether Renewal Notes need be approved by prior
order of the Department of Treasury, the Treasurer, pursuant to Section 89(5)(d)
of Act 206, shall promptly report to the Department of Treasury the issuance of
any Renewal Notes.
IV
VARIABLE INTEREST RATE
401. Variable Rate Option. At the option of the Treasurer, exercisable by
written order, the Notes, whether issued pursuant to Article II or Article III,
may be issued with a variable interest rate, provided that the rate shall not
exceed the maximum rate of interest permitted by law.
402. Determination of Rate. The order of the Treasurer shall provide how
often the variable interest rate shall be subject to recalculation, the formula
or procedure for determining the variable interest rate, whether and on what
terms the rate shall be determined by a remarketing agent in the case of demand
obligations consistent with Section 801(d), and whether and on what terms a fixed
rate of interest may be converted to or from a variable rate of interest. Such
formula or procedure shall be as determined by the Treasurer but shall track, or
float within a specified percentage band around, the rates generated by any one
or more of the following indices:
(i) Publicly reported prices or yields of obligations of the United
States of America;
(ii) An index of municipal obligations periodically reported by a
nationally recognized source;
(iii) The prime lending rate from time to time set by any bank or
trust company in the United States with unimpaired capital and surplus exceeding
$40,000,000;
(iv) Any other rate or index that may be designated by order of the
Treasurer provided such rate or index is set or reported by a source which is
independent of and not controlled by the Treasurer or the County.
The procedure for determining the variable rate may involve one or more
of the above indices as alternatives or may involve the setting of the rate by a
municipal bond specialist provided such rate shall be within a stated percentage
range of one or more of the indices set forth above.
403. Date of Record. The Date of Record shall be not fewer than one nor
more than 31 days before the date of payment, as designated by written order of
the Treasurer.
404. Redemption. Notwithstanding any contrary provision of subsections
(b) and (c) of Section 209 but subject to the last sentence of this Section 404,
Notes bearing interest at a variable rate may be subject to redemption by the
County and/or put by the holder at any time or times and in any order, as may be
determined pursuant to written order of the Treasurer. Notes shall not be subject
to redemption more frequently than monthly.
405. Remarketing, Repurchase and Resale.
(a) In the event Notes issued under this Article IV are constituted
as demand obligations, the interest rate on the Notes shall be governed by, and
shall be subject to, remarketing by a remarketing agent appointed in accordance
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with Section 801(c), under the terms of a put agreement employed in accordance
with Section 801(d).
(b) The County shall be authorized, consistent with Act 206 and
pursuant to order of the Treasurer, to participate in the repurchase and resale
of Notes, in order to reduce the cost of, or increase the revenue, attendant to
the establishment of the Revolving Fund and the issuance and discharge of the
Notes. Any purchase of Notes pursuant to this subsection (b) shall be made with
unpledged monies drawn from revolving funds established by the County in
connection with retired general obligation limited tax notes.
V.
MULTIPLE SERIES
501. Issuance of Multiple Series. At the option of the Treasurer,
exercisable by written order, the Notes issued under Article II, Article III or
Article X may be issued in two or more individually designated series. Each
series shall bear its own rate of interest, which may be fixed or variable in
accordance with Article IV. Various series need not be issued at the same time
and may be issued from time to time in the discretion of the Treasurer
exercisable by written order. In determining the dates of issuance of the
respective series the Treasurer shall consider, among other pertinent factors,
the impact the dates selected may have on the marketability, rating and/or
qualification for credit support or liquidity support for, or insurance of, the
Notes. The Notes of each such series shall be issued according to this Resolution
in all respects (and the term "Notes" shall be deemed to include each series of
Notes throughout this Resolution), provided that:
(a) The aggregate principal amount of the Notes of all series shall
not exceed the maximum aggregate amount permitted under Section 103;
(b) Each series shall be issued pursuant to Article II or Article
III, and different series may be issued pursuant to different Articles;
(c) Each series shall be issued pursuant to Section 502 or Section
503, and different series may be issued pursuant to different Sections;
(d) A series may be issued under Article II for one, two, or three of
the annual maturities set forth in Article II with the balance of the annual
maturities being issued under Article II or under Article III in one or more
other series, provided that the minimum annual maturities set forth in Section
203 shall be reduced and applied pro rata to all Notes so issued; and
(e) The Notes of all series issued pursuant to Article II above shall
not, in aggregate, mature in amounts or on dates exceeding the maximum authorized
maturities set forth in Section 203.
502. Series Secured Pari Passu. If the Notes are issued in multiple
series pursuant to this Article V, each series of Notes may, by written order of
the Treasurer, be secured pari passu with the other by the security described in
and the amounts pledged by Article VII below. Moreover, such security may,
pursuant to further order of the Treasurer, be segregated in accordance with the
following provisions.
(a) The Treasurer may by written order establish separate
sub-accounts in the County's 1993 Note Reserve Account for each series of Notes,
into which shall be deposited the amount borrowed for the Note Reserve Account
for each such series.
(b) The Treasurer may by written order establish separate
sub-accounts in the County's 1993 Note Payment Account for each series of Notes,
and all amounts deposited in the Note Payment Account shall be allocated to the
sub-accounts.
(c)(i) In the event separate sub-accounts are established pursuant to
subsection (b) above, and subject to Paragraph (ii) below, the percentage of
deposits to the County's 1993 Note Payment Account allocated to each sub-account
may be set equal to the percentage that Notes issued in the corresponding series
bears to all Notes issued under this Resolution or to any other percentage
designated by the Treasurer pursuant to written order; provided that if the
various series are issued at different times or if the various series are
structured with different maturity dates, (I) sums deposited in the Note Payment
Account prior to the issuance of one or more series may upon the issuance of each
such series be reallocated among the various sub-accounts established under
Subsection (b) above to achieve a balance among the sub-accounts proportionate to
Commissioner Minutes Continued. February 11, 1993
19
the designated percentage allocation and/or (II) deposits to the Note Payment
Account may be allocated among the sub-accounts according to the total amount of
debt service that will actually be paid from the respective sub-accounts.
(ii) Alternatively, the Treasurer may, by written order, rank the
sub-accounts established under Subsection (b) above in order of priority, and
specify that each such subaccount shall receive deposits only after all
sub-accounts having a higher priority have received deposits sufficient to
discharge all (or any specified percentage of) Notes whose series corresponds to
any of the sub-accounts having priority.
(d) In the absence of a written order of the Treasurer to the
contrary, the amounts in each sub-account established pursuant to this Section
502 shall secure only the Notes issued in the series for which such sub-account
was established, until such Notes and interest on such Notes are paid in full,
after which the amounts in such sub-account may, pursuant to written order of the
Treasurer, be added pro rata to the amounts in the other sub-accounts and
thereafter used as part of such other sub-accounts to secure all Notes and
interest on such Notes for which such other sub-accounts were created, until paid
in full. Alternatively, amounts held in two or more subaccounts within either the
Note Reserve Account or the Note Payment Account may be commingled, and if
commingled shall be held pari passu for the benefit of the holders of each series
of Notes pertaining to the relevant sub-accounts.
503. Series Independently Secured. If the Notes are issued in multiple
series pursuant to this Article V, each series of Notes may, by written order of
the Treasurer, be independently secured in accordance with this Section 503.
(a) Each series of Notes shall pertain to one or more taxing units,
as designated by the Treasurer pursuant to written order, and no two series of
Notes shall pertain to the same taxing unit. A school district, intermediate
school district or community college district extending beyond the boundaries of
a city in which it is located may, pursuant to written order of the Treasurer, be
subdivided along the boundaries of one or more cities and each such subdivision
shall be deemed a taxing unit for purposes of this Section 503.
(b) Separate sub-accounts shall be established in the County's 1993
Tax Payment Account. Each sub-account shall receive the proceeds of one and only
one series of Notes, and amounts shall be disbursed from the sub-account to only
those taxing units designated as being in that series.
(c) In the event Notes are issued for deposit into the Project
Account established under Section 701, separate subaccounts shall be established
in the Project Account. Each subaccount shall receive the proceeds of one and
only one series of Notes, and amounts shall be disbursed from the sub-account
only to accounts, sub-accounts and/or taxing units designated as being in the
series corresponding to the sub-account from which disbursement is being made.
(d) A separate sub-account shall be established in the County's 1993
Note Reserve Account for each series of Notes, into which shall be deposited the
amount determined by the Treasurer under Section 103 or Section 703 with respect
to the series. Each sub-account shall secure one and only one series.
(e) A separate sub-account shall be established in the County's 1993
Note Payment Account for each series of Notes. Each sub-account shall be
allocated only those amounts described in Section 704 which pertain to the taxing
units included in the series corresponding to the sub-account. Chargebacks
received from a taxing unit pursuant to Section 905 shall be deposited in the
sub-account corresponding to the series in which the taxing unit is included.
Amounts held in each sub-account shall secure the debt represented by only those
Notes included in the series corresponding to the sub-account, and disbursements
from each sub-account may be applied toward the payment of only those Notes
included in the series corresponding to the sub-account.
(f) The amounts in each sub-account established pursuant to this
Section 503 shall secure only the Notes issued in the series for which such
sub-account was established, until such Notes and interest on such Notes are paid
in full, after which any amounts remaining in such sub-account shall accrue to
the County and shall no longer be pledged toward payment of the Notes.
VI.
TAXABILITY OF INTEREST
601. Federal Tax. The County acknowledges that the current state of
Commissioner Minutes Continued. February 11, 1993
20
Federal law mandates that the Notes be structured as taxable obligations.
Consequently, the Notes shall, subject to Article X, be issued as obligations the
interest on which is not excluded from gross income for purposes of Federal
income tax.
602. State of Michigan Tax. Consistent with the treatment accorded all
obligations issued pursuant to Act 206, interest on the Notes shall be exempt
from the imposition of the State of Michigan income tax and the State of Michigan
single business tax, and the Notes shall not be subject to the State of Michigan
intangibles tax.
603. Change in Federal Tax Status. In the event there is a change in the
Federal tax law or regulations, a ruling by the U.S. Department of Treasury or
Internal Revenue Service establishes that the Notes may be issued as exempt from
Federal income taxes or a change in Michigan law causes the Notes in the opinion
of counsel to be exempt from federal income taxes, the Notes may be so issued.
VII.
FUNDS AND SECURITY
701. Delinquent Tax Project Account. If the Notes are issued and sold
before the Treasurer has received certification from the taxing units of the
amount of the Delinquent Taxes and if such certification is not reasonably
anticipated in time to allow distribution of the proceeds of the Notes within 20
days after the date of issue, a 1993 Delinquent Tax Project Account (the "Project
Account") shall be established by the Treasurer as a separate and distinct fund
of the County within its general fund. The Project Account shall receive all
proceeds from the sale of the Notes, including any premium or accrued interest
received at the time of sale. The Project Account shall be held in trust by an
escrow agent, until the monies therein are disbursed in accordance with this
Article VII. The escrow agent shall be a commercial bank, shall be located in
Michigan, shall have authority to exercise trust powers, and shall have a net
worth in excess of $25,000,000. The form and content of the agreement between
the County and the escrow agent shall be approved by the Treasurer. Subject to
the following sentence, monies deposited in the Project Account shall be expended
only (i) for the purpose of funding the Tax Payment Account established under
Section 702 and (ii) to the extent permitted by Act 206, for the purpose of
paying the expenses of the offering of the Notes. In the event the Treasurer by
written order so directs, additional funding of the Project Account may be
undertaken, and any surplus proceeds remaining in the Project Account after the
Treasurer has completed the funding of the Tax Payment Account may be transferred
to either the 1993 Note Reserve Account created under Section 703 or the 1993
Note Payment Account created under Section 704. Monies in the Project Account may
be disbursed by the escrow agent to the County's 1993 Tax Payment Account at any
time and from time to time, upon receipt of a written requisition signed by the
Treasurer.
702. 1993 Tax Payment Account. The County's 1993 Tax Payment Account
(the "Tax Payment Account") is hereby established as a distinct account within
the Revolving Fund. The Treasurer shall designate all or a portion of the
proceeds of the Notes, not to exceed the amount of Delinquent Taxes, for deposit
in the Tax Payment Account. If, however, the proceeds of the Notes are initially
deposited in the Project Account pursuant to Section 701, the Treasurer is
instead authorized and directed to transfer monies included in the Project
Account in accordance with the procedures set forth in Section 701. The County
shall apply the monies in the Tax Payment Account to the payment of the
Delinquent Taxes or expenses of the borrowing in accordance with Act 206. The
allocation of monies from the Tax Payment Account may be made pursuant to a
single, comprehensive disbursement or may instead be made from time to time,
within the time constraints of Act 206, to particular taxing units as monies are
paid into the Tax Payment Account, such that the source of the monies (whether
from the County's own funds, from the proceeds of a tax exempt borrowing or from
the proceeds of a taxable borrowing) may be traced to the particular taxing unit
receiving the funds. Moreover, and regardless of whether multiple series of Notes
are issued, the Tax Payment Account may be divided into separate sub-accounts in
order to allow the Treasurer to designate which taxing units shall receive
borrowed funds and which shall receive funds otherwise contributed by the County.
703. 1993 Note Reserve Account. In the event funding is provided as
Commissioner Minutes Continued. February 11, 1993
21
described in this Section 703, the Treasurer shall establish a 1993 Note Reserve
Account (the "Note Reserve Account") as a distinct account within the Revolving
Fund. After depositing all of the monies to fund the Tax Payment Account pursuant
to Section 702, the Treasurer shall next transfer to the Note Reserve Account,
either from the Project Account or directly from the proceeds of Notes, any
proceeds remaining from the initial issuance of the Notes. In addition, the
Treasurer may transfer unpledged monies from other County sources to the Note
Reserve Account in an amount which, when added to any other amounts to be
deposited in the Note Reserve Account, does not exceed the amount reasonably
required for the Notes secured by the Reserve Account or, if less, 20% of the
total amount of the Notes secured by the Reserve Account. Except as provided
below, all monies in the Note Reserve Account shall be used solely for payment of
principal of, premium, if any, and interest on the Notes to the extent that
monies required for such payment are not available in the County's 1993 Note
Payment Account. Monies in the Note Reserve Account shall be withdrawn first for
payment of principal of, premium, if any, and interest on the Notes before County
general funds are used to make the payments. All income or interest earned by, or
increment to, the Note Reserve Account due to its investment or reinvestment
shall be deposited in the Note Reserve Account. When the Note Reserve Account is
sufficient to retire the Notes and accrued interest thereon, the Treasurer may
order that the Note Reserve Account be used to purchase the Notes on the market,
or, if the Notes are not available, to retire the Notes when due. If so ordered
by the Treasurer, all or any specified portion of the Note Reserve Account may be
applied toward the redemption of any Notes designated for redemption in
accordance with Section 209.
704. 1993 Note Payment Account.
(a) The County's 1993 Note Payment Account is hereby established as a
distinct account within the Revolving Fund. (The County's 1993 Note Payment
Account, as supplemented by monies held in any interim account that are
designated for transfer to the 1993 Note Payment Account, is herein referred to
as the "Note Payment Account".) The Treasurer is directed to deposit into the
Note Payment Account, promptly on receipt, those amounts described below in
Paragraphs (i), (ii), (iv) and (v) that are not excluded pursuant to Subsection
(c) below. Furthermore, the Treasurer may, by written order, deposit into the
Note Payment Account all or any portion of the amounts described below in
Paragraph (iii).
(i) All Delinquent Taxes.
(ii) All statutory interest on the Delinquent Taxes.
(iii) All property tax administration fees on the Delinquent Taxes,
net of any amounts applied toward the expenses of this borrowing.
(iv) Any amounts that are received by the Treasurer from the taxing
units within the County because of the uncollectability of the Delinquent Taxes.
(v) Any amounts remaining in the Project Account after the transfers
to the Tax Payment Account and Note Reserve Account have been made as specified
in Sections 702 and 703.
(b) Monies in the Note Payment Account shall be used by the County to
pay principal of, premium, if any, and interest on the Notes as the same become
due and payable.
(c)(i) The Treasurer may by written order provide that only a portion
of the sums described above in Subsection (a) shall be deposited into the Note
Payment Account and applied toward the payment of debt service on the Notes, in
which event those sums which are withheld from the Note Payment Account shall be
deposited into the Tax Payment Account or, pursuant to further order of the
Treasurer, applied toward any other purpose consistent with Act 206. The portion
of any sums described in Subsection (a) which are withheld from the Note Payment
Account pursuant to this Subsection shall be determined in accordance with the
following Paragraph.
(ii) Prior to the issuance of the Notes, the Treasurer may by written
order specify a cut-off date not earlier than March 1, 1993, and only those sums
payable to the Note Payment Account and received by the County after the cut-off
date shall be applied to the Note Payment Account.
(d) The Treasurer may by written order provide that at such time as
sufficient funds shall have been deposited into the Note Payment Account to pay
Commissioner Minutes Continued. February 11, 1993
22
all remaining amounts owed under the Notes the pledge on any additional monies
otherwise payable to the Note Payment Account shall be discharged and such monies
shall not be deposited into the Note Payment Account or otherwise pledged toward
payment of the Notes.
(e) The Treasurer may by written order provide that in the event
Notes are issued pursuant to Article III, amounts that would otherwise be
included in the Note Payment Account or the Note Reserve Account (or any
sub-account therein for a particular series of Notes) shall not include any
amounts received by the County prior to the latest maturity date of any series of
Notes previously issued under Article II and/or Article III.
705. Limited Tax General Obligation and Pledge.
(a) The Notes shall be the general obligation of the County, backed
by the County's full faith and credit, the County's tax obligation (within
applicable constitutional and statutory limits) and the County's general funds.
The County budget shall provide that if the pledged monies are not collected in
sufficient amounts to meet the payments of the principal and interest due on the
Notes, the County, before paying any other budgeted amounts, shall promptly
advance from its general funds sufficient monies to pay such principal and
interest.
(b) In addition, the monies listed below are pledged to the repayment
of the Notes and, subject to Section 901 shall be used solely for repayment of
the Notes until the principal of, premium (if any) and interest on the Notes are
paid in full:
(i) All amounts deposited or earned in any Project Account, until
disbursed in accordance with Section 701;
(ii) All net proceeds from the sale of the Notes deposited or earned
in the Tax Payment Account, until disbursed in accordance with Section 702;
(iii) All amounts deposited in the Note Payment Account pursuant to
Section 704(a);
(iv) All amounts deposited in the Note Reserve Account;
(v) All amounts earned from the investment of monies held in the Note
Payment Account or the Note Reserve Account; and
(vi) Any supplemental monies placed in the Note Payment Account and
drawn in the discretion of the Treasurer from unpledged sums on the revolving
funds, which pledge shall be subject to such limitations or exceptions as shall
be set forth in the written order of the Treasurer.
(c) If the Notes shall be issued in various series pursuant to
Article V, this pledge shall in the case of any independently secured series
extend only to monies in accounts or sub-accounts pertaining to the particular
series.
(d) If the amounts so pledged are not sufficient to pay the
principal and interest when due, the County shall pay the same from its general
funds or other available sources. Pursuant to written order of the Treasurer, the
County may later reimburse itself for such payments from the Delinquent Taxes
collected.
706. Security for Renewal, Refunding or Advance Refunding Notes.
Renewal, refunding or advance refunding Notes shall be secured by all or any
portion of the same security securing the Notes being renewed, refunded or
advance refunded. The monies pledged in Section 705 for the repayment of the
Notes are also pledged for the repayment of the principal of, premium, if any,
and interest on any renewal, refunding or advance refunding Notes issued pursuant
to this Resolution, and any such renewal, refunding or advance refunding Notes
shall be the general obligation of the County, backed by its full faith and
credit, which shall include the tax obligation of the County, within applicable
constitutional and statutory limits.
707. Use of Funds after Full Payment or Provisions for Payment. After all
principal of, premium, if any, and interest on the Notes have been paid in full
or provision therefor by investments of pledged amounts in direct noncallable
obligations of the United States of America in amounts and with maturities
sufficient to pay all such principal, premium, if any, and interest when due, any
further collection of Delinquent Taxes and all excess monies in any fund or
account of the Revolving Fund, and any interest or income on any such amounts,
may, pursuant to
Commissioner Minutes Continued. February 11, 1993
23
written order of the Treasurer and subject to Article V, be used for any proper
purpose within the Revolving Fund including the securing of subsequent issues of
notes.
VIII.
SUPPLEMENTAL AGREEMENTS
801. Supplemental Agreements and Documents. The Treasurer, on behalf of
the County, is authorized to enter into any or all of the following agreements or
commitments as may, in the Treasurer's discretion, be necessary, desirable or
beneficial in connection with the issuance of the Notes, upon such terms and
conditions as the Treasurer may determine appropriate:
(a) A letter of credit, line of credit, repurchase agreement, note
insurance, or similar instrument, providing backup liquidity and/or credit
support for the Notes;
(b) A reimbursement agreement, revolving credit agreement, revolving
credit note, or similar instrument, setting forth repayments of and security for
amounts drawn under the letter of credit, line of credit, repurchase agreement or
similar instrument;
(c) A marketing, remarketing, placement, authenticating, paying or
tender agent agreement or dealer agreement designating a marketing, remarketing,
authenticating, paying, tender or placement agent or dealer and prescribing the
duties of such person or persons with respect to the Notes; and
(d) A put agreement or provision allowing the purchaser of the Notes
to require the County to repurchase the Notes upon demand at such times as may be
provided in such put agreement or provision.
(e) An agreement to use amounts formerly pledged to other years
borrowings as security for the Notes when no longer so pledged.
802. Revolving Credit Notes. If the Treasurer enters into a revolving
credit agreement (the "Agreement") pursuant to Section 801 above, the Agreement
may call for the issuance of one or more revolving credit notes (the "Revolving
Credit Notes") for the purpose of renewing all or part of maturing Notes or Notes
that have been put pursuant to a put agreement or provision. Such Revolving
Credit Notes shall be issued pursuant to Article II or III, as appropriate, and
in accordance with the following provisions:
(a) Interest on the Revolving Credit Notes may be payable on
maturity, on prior redemption, monthly, bi-monthly, quarterly, or as otherwise
provided in the Agreement.
(b) The Revolving Credit Notes may mature on one or more date or
dates not later than the final maturity date of the Notes, as provided in the
Agreement.
(c) The Treasurer may, at the time of the original issuance of the
Notes, execute and deliver one Revolving Credit Note in a maximum principal
amount not exceeding the lending commitment under the Agreement from time to time
in force (and may substitute one such Note in a lesser principal amount for
another in the event the lending commitment is reduced), provided that a schedule
shall be attached to such Note on which loans and repayments of principal and
interest are evidenced and further provided that the making of a loan and the
evidencing of such loan on the schedule of any such Note shall constitute the
issuance of a renewal Note for purposes of this Resolution.
IX .
MISCELLANEOUS PROVISIONS
901. Expenses. Expenses incurred in connection with the Notes shall be
paid from the property tax administration fees collected on the Delinquent Taxes
and, if so ordered by the Treasurer, from any earnings on the proceeds of the
offering or from other monies available to the County.
902. Application to Department of Treasury. The Treasurer is authorized
to make application to the Department of Treasury on behalf of the County for an
order permitting the County to make this borrowing and issue the Notes. If the
Treasurer deems it appropriate, the Treasurer is alternatively authorized to
apply to the Department of Treasury for an exception to prior approval.
903. Bond Counsel. The Notes (and any renewal, refunding or advance
refunding Notes) shall be delivered with the unqualified opinion of John R. Axe
and Associates, which selection of bond counsel may, at the option of the
Treasurer, be for one or more years.
Commissioner Minutes Continued. February 11, 1993
24
904. Financial Consultants Municipal Financial Consultants Incorporated,
Grosse Pointe Farms, Michigan, is hereby retained to act as financial consultant
and advisor to the County in connection with the sale and delivery of the Bonds.
905. Complete Records. The Treasurer shall keep full and complete records
of all deposits to and withdrawals from each of the funds and accounts in the
Revolving Fund and any account or sub-account created pursuant to this Resolution
and of all other transactions relating to such funds, accounts and sub-accounts,
including investments of money in, and gain derived from, such funds and
accounts.
906. Chargebacks. If by the date which is three months prior to the final
maturity date of the Notes sufficient monies are not on deposit in the Note
Payment Account and the Note Reserve Account to pay all principal of and interest
on the Notes when due, Delinquent Taxes not then paid or recovered at or prior to
the latest tax sale transacted two or more months before the final maturity of
the Notes shall, if necessary to ensure full and timely payment on the date of
final maturity, be charged back to the local units in such fashion as the
Treasurer may determine, and, subject to Article V, the proceeds of such
chargebacks shall be deposited into the County's 1993 Note Payment account no
later than five weeks prior to the final maturity of the Notes. This Section 905
shall not be construed to limit the authority of the Treasurer under State law to
charge back under other circumstances or at other times.
907. Investments. The Treasurer is authorized to invest all monies in the
Project Account, in the Revolving Fund or in any account or sub-account therein
that is established pursuant to this Resolution in any one or more of the
investments authorized as lawful investments for counties under Act No. 20,
Public Acts of 1943, as amended. The Treasurer is further authorized to enter
into a contract on behalf of the County under the Surplus Funds Investment Pool
Act, Act No. 367, Michigan Public Acts of 1982, as amended, and to invest in any
investment pool created thereby monies held in the Project Account, in the
Revolving Fund, or in any account or sub-account therein which is established
pursuant to this Resolution.
908. Mutilated. Lost. Stolen or Destroyed Notes. In the event any Note is
mutilated, lost, stolen or destroyed, the Treasurer may, on behalf of the County,
execute and deliver, or order the Registrar or Paying Agent to authenticate and
deliver, a new Note having a number not then outstanding, of like date, maturity
and denomination as that mutilated, lost, stolen or destroyed. In the case of a
mutilated Note, a replacement Note shall not be delivered unless and until such
mutilated Note is surrendered to the Treasurer or the Registrar or Paying Agent.
In the case of a lost, stolen or destroyed Note, a replacement Note shall not be
delivered unless and until the Treasurer and the Registrar or Paying Agent shall
have received such proof of ownership and loss and indemnity as they determine to
be sufficient.
ARTICLE X.
TAX-EXEMPT NOTES OR REFUNDING
1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The
County acknowledges that the current state of Federal law precludes the issuance
of the Notes as obligations the interest on which is exempt from Federal income
tax. However, the County presently contemplates that anticipated amendments to
the Internal Revenue Code of 1986 (the "Code") and/or the Treasury Regulations
issued thereunder (the "Regulations") or a change in Michigan law changing the
character of the Notes may in the future permit the issuance of general
obligation limited tax notes on a tax-exempt basis, and, in view of this
expectation, the County, through the offices of the Treasurer, shall issue
tax-exempt notes or issue obligations to refund any or all outstanding Notes
issued as taxable obligations, at the time, on the terms, and to the extent set
forth in this Article X.
1002. Timing of Refunding. The aforementioned refunding obligations (the
"Refunding Notes") shall be issued after the effective date of any change in the
Code, Regulations, Internal Revenue Service pronouncements or judicial rulings
which, as confirmed by the written opinion of bond counsel, permit the refunding
of all or some of the outstanding Notes with proceeds from obligations the
interest on which is excluded from gross income for purposes of Federal income
Commissioner Minutes Continued. February 11, 1993
25
tax.
1003. Extent of Refunding. Subject to the other provisions of this
Section 1003, the Refunding Notes shall refund all Notes outstanding at or after
the effective date of any change in the law described in Section 1002. This
Section 1003 shall not, however, be construed to require the refunding of any
Note prior to the time such Note may be refunded on a tax-exempt basis, nor shall
this Section 1003 be construed to require the refunding of any Note, if that
refunding would result in greater cost to the County (including interest expense,
professional fees and administrative outlays) than would arise if the Note were
to remain outstanding.
1004. Confirmatory Action. Subsequent to any change in the law described
in Section 1002, the Board shall convene to consider any terms of the Refunding
Bonds requiring specific ratification by the Board.
1005. Arbitrage Covenant and Tax Law Compliance. In the event tax-exempt
Notes or Refunding Notes are issued pursuant to this Article X, the following
covenants shall be observed by the County:
(i) the County will make no use of the proceeds of the Notes or
Refunding Notes and will undertake no other intentional act with respect to the
Notes or Refunding Notes which, if such use or act had been reasonably expected
on the date of issuance of the Notes or Refunding Notes or if such use or act
were intentionally made or undertaken after the date of issuance of the Notes or
Refunding Notes, would cause the Notes or Refunding Notes to be "arbitrage
bonds," as defined in Section 148 of the Internal Revenue Code of 1986, as
amended (the "Code"), in the Regulations promulgated under Sections 103 and 148
of the Code or in any successor or supplementary provision of law hereinafter
promulgated,
(ii) the County will undertake all actions as shall be necessary to
maintain the Notes or Refunding Notes as obligations the interest on which
qualifies for the tax exemption provided by Section 103(a) of the Code,
including, where appropriate and without limitation, filing informational returns
with the Secretary of Treasury, keeping accurate account of all monies earned in
any fund, account or sub-account authorized by this Resolution or any resolution
adopted in accordance with Section 1004 above, certifying cumulative cash flow
deficits of the County and the local units, and investing any required portion of
the gross proceeds of the Notes or Refunding Notes, whether on behalf of the
County or the local units, in tax-exempt obligations or State and Local
Government Series obligations, and
(iii) the County will make timely payment to the United States of any
investment earnings, realized by the County on the gross proceeds of the Notes or
Refunding Notes, as may be subject to rebate under Section 148(f) of the Code,
and, to the extent required under applicable law or deemed by the Treasurer to be
in the best interest of the County pursuant to written order, the County's
obligation to make such payment to the United States shall also account for
excess investment earnings realized by local units on all or a portion of the
gross proceeds distributed to, and held by, the local units pursuant to Section
702.
(iv) the Treasurer shall be directed to take such actions and to
enter into such agreements and certifications, on behalf of the County, as the
Treasurer shall deem necessary or appropriate to comply with the foregoing
covenants.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Aaron the resolution be adopted.
AYES: Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer,
Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioner Minutes Continued. February 11, 1993
26
MISCELLANEOUS RESOLUTION #93004
By Finance Committee - John P. McCulloch, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT
1992 TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Administrative Fund is necessary for the County Treasurer to
administer the Delinquent Tax Revolving Fund.
NOW THEREFORE BE IT RESOLVED that the County Treasurer, pursuant to
Section 87c, Sub-Section (2), of Act 206, is designated as Agent for the County,
and the Treasurer's office shall receive such sums as are provided in Section
87c, Subsection (3), to cover administrative expenses.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Douglas the resolution be adopted.
AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick,
Powers, Price, Schmid, Taub, Wolf, Aaron, Crake. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93005
By Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ACCEPTANCE OF 1993 AUTOMOBILE THEFT PREVENTION
AUTHORITY GRANT
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #89105 requires the Finance Committee
review grant acceptances that vary less than fifteen (15) percent from the grant
application; and
WHEREAS the Oakland County Sheriff's Department applied for funding for a
seventh year of the Automobile Theft Prevention Authority (ATPA) grant for
January 1, 1993 through December 31, 1993 in the amount of $716,244 (State -
$627,500 (87.5%), County - $49,784, and participating jurisdictions - $38,960);
and
WHEREAS the ATPA proposes to fund 87.5% of program expenses with a 12.5%
match of a total grant of $672,179 (State - $588,148, County - $46,352, and
participating jurisdictions - $37,499)or 94% of the application amount as shown
in Schedule A; and
WHEREAS the grant funds theft prevention teams comprised of one Oakland
County Sergeant, four Deputy II's, and one police officer from Pontiac,
Farmington Hills, Novi and Southfield; and
WHEREAS the contract has been approved by the County Executive's Contract
Review Process; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the Sheriff's Department's 1993 Automobile Theft Prevention
Authority grant in the amount of $588,148 with a county match of $46,532 and a
participating jurisdictions match of $37,499 as detailed on Schedule A.
BE IT FURTHER RESOLVED that the 1993 Budget be amended to include the
acceptance of this grant as detailed on Schedule B.
BE IT FURTHER RESOLVED that future level of service, including personnel,
will be contingent upon the level of funding available from the State for this
program and that acceptance of this grant does not obligate the County to any
future commitment.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized to execute the grant agreement and to approve amendments or
extensions up to fifteen percent variance from the award, consistent with the
agreement as approved.
Commissioner Minutes Continued. February 11, 1993
27
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption
of the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Kingzett the resolution be adopted.
AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers,
Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas. (23)
NAYS; None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93006
By Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/HEALTH DIVISION - 1992
MOBILE HOME PARK INSPECTION AGREEMENT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #89105, the Health Division
applied to the Michigan Department of Public Health (MDPH) for $21,298 in
reimbursement funds to conduct annual environmental health inspections, necessary
follow-up and complaint processing on mobile home parks during calendar year 1992
as required by Section 17 of 1987, Public Act 96; and
WHEREAS the MDPH has awarded Oakland County a reimbursement agreement in
the amount of $21,298, the same as the application; and
WHEREAS although 1992 activity is completed, reimbursement will not be
received until the agreement is fully executed; and
WHEREAS because of delays at the State, this agreement will not be
executed until 1993; and
WHEREAS $18,000 in revenue is budgeted in 1993, acceptance of this
agreement will increase that revenue estimate by $3,298, with the additional
amount being available for transfer to the 1993 Contingency account; and
WHEREAS implementation of this agreement requires no additional County
staff or resources; and
WHEREAS this agreement is included in the County Executive's Contract
Review Process; and
WHEREAS acceptance of this agreement does not obligate the County to any
future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the 1992 Mobile Home Park Inspection Agreement in the
amount of $21,298 and that the Chairperson is authorized to execute said
reimbursement agreement and to approve agreement amendments up to fifteen (15)
percent variance which are consistent with the agreement as originally approved.
BE IT FURTHER RESOLVED that the 1993 Budget be amended as follows to
account for the reimbursement revenue:
Revenue
3-22100-162-20-00-2669 Trailer Park Fees $3,298
Expenditures
4-10100-909-01-00-9900 Contingency $3,298
$ 0
=======
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Taub the resolution be adopted.
AYES: Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Price,
Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield. (23)
NAYS: None. (0)
Commissioner Minutes Continued. February 11, 1993
28
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93007
By Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF COMPUTER SERVICES - 1992 FOURTH QUARTER DEVELOPMENT
APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS all data processing development cost is incorporated as a single
appropriation within the Computer Services Department Budget and then an amount
equal to the actual expense is transferred to the user department on a quarterly
basis with a summary report to the Finance Committee; and
WHEREAS the Computer Services Department has determined the 1992 Fourth
Quarter data processing development charges to be $309,843 and the imaging
development charge to be $43,158 for the governmental fund County departments;
and
WHEREAS direct charges to non-governmental fund departments and non-
County agencies are $286,954 for the fourth quarter; and
WHEREAS an appropriation transfer to governmental fund County departments
is needed to fund these development charges.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners has reviewed the 1992 Fourth Quarter Data Processing Development
for user departments and finds $309,843 from the 1992 Data Processing Development
budget (account #4-10100-181-01-00-6361) and transfers said funds to the
appropriate user departments consistent with the attached schedule.
BE IT FURTHER RESOLVED that $43,158 be transferred from the Imaging
Development budget (account #4-10100-181-01-00-6367) to the Friend of the Court
budget (account #4-21500-312-01-00-6367).
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption
of the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Kaczmar the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Price, Schmid,
Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
By General Government Committee - Donald W. Jensen, Chairman
RE: COUNTY EXECUTIVE - CONFIRMATION OF APPOINTMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends confirmation of the
following County Executive Department Directors:
C. Vincent Luzi - Department of Personnel
J. David VanderVeen - Department of Central Services
Robert J. Daddow - Department of Management & Budget
Michael W. Zehnder - Department of Public Services
David W. Ross - Department of Public Works
Kenneth Rogers - Department of Community & Economic
Development
Paul S. Funk - Department of Computer Services
Mounir W. Sharobeem - Department of Institutional & Human
Services
Jack C. Hays - Department of Corporation Counsel
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Commissioner Minutes Continued. February 11, 1993
29
Moved by Jensen supported by Obrecht the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Miltner the appointments be confirmed.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf,
Aaron, Crake, Douglas, Garfield, Gosling, Huntoon. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointments were
confirmed.
REPORT (Misc. Res. #93008)
BY Personnel Committee - Marilynn E. Gosling, Chairperson
IN RE: COUNTY EXECUTIVE ADMINISTRATION - CREATION OF NEW CLASSIFICATION OF SOUTH
OAKLAND COUNTY LIAISON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution
on February 3, 1993, reports with the recommendation that the resolution be
adopted provided a funding source other than the County's contingency fund is
identified and acceptable to the Finance Committee.
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #93008
By General Government Committee, Donald W. Jensen, Chairperson
IN RE: COUNTY EXECUTIVE ADMINISTRATION - CREATION OF NEW CLASSIFICATION AND
POSITION OF SOUTH OAKLAND COUNTY LIAISON
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County Executive recognizes a need to focus attention on the
southern, older communities within Oakland County; and
WHEREAS these communities have significant problems with aging
infrastructure as well as significant assets such as affordable housing and a
stable, skilled workforce; and
WHEREAS the County Executive has committed his administration to work
with the leaders of south Oakland county by proposing the creation of a new
classification and position of South Oakland County Liaison; and
WHEREAS the position will function as a liaison with businesses and
political leaders from south Oakland County to promote investment and economic
opportunity, will represent south Oakland County's interests in County
government, advising County government officials of the special needs of South
Oakland County; and will serve as a representative on various committees
involving south Oakland County communities;
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners create a new
classification of South Oakland County Liaison at the following salary range:
Base 1 YR 2 YR 3 YR 4 YR O/T
$44,159 $46,221 $48,286 $50,344 $52,373 NO
BE IT FURTHER RESOLVED that the classification be created as an
appointment of the County Executive, excluded from Merit system coverage under
Rule 1;
BE IT FURTHER RESOLVED that one (1) full-time eligible governmental
position be created in the County Executive Administration Division in a new unit
titled South Oakland County Liaison.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Commissioner Minutes Continued. February 11, 1993
30
The Chairperson referred the resolution and the attached Personnel
Committee Report to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #93009
By General Government Committee - Donald W. Jensen, Chairperson
IN RE: SPECIAL ELECTION--11TH COUNTY COMMISSIONER DISTRICT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, by resignation of G. William Caddell, dated January 7, 1993, a
vacancy exists in the 11th Oakland County Commissioner District, and
WHEREAS, vacancies occurring in odd numbered years shall be filled by
Special Election, and such elections shall be called by the County Board of
Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby calls for such a Special Election to fill the vacancy that
exists in the 11th Oakland County Commissioner District, and requests the County
Clerk and the Election Scheduling Commission to immediately implement the
attached schedule for a Special Primary Election on April 5, 1993, and a Special
Election to be held on May 3, 1993, to fill said vacancy.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT
SPECIAL ELECTION SCHEDULE
DISTRICT #11
1/7/93 Resignation - Creating Vacancy
2/11/93 County Board of Commissioners resolution to hold Special
Election
2/18/93 4:00 P.M. deadline for nominating petitions/or filing fee
2/22/93 Last day for candidate withdrawal at 4:00 P.M.
2/26/93 Publish 1st notice of registration for Special Primary
3/5/93 Publish 2nd notice of registration for Special Primary
3/8/93 Last day to register for Special Primary
3/16/93 A.V. ballots should be available for Special Primary
3/26/93 Publish 1st Notice of Registration for Special Election
3/26/93 Publish 1st Notice of Special Primary Election
4/2/93 Publish 2nd Notice of Registration for Special Election
4/2/93 Publish 2nd Notice of Special Primary Election
4/3/93 2:00 P.M. Application deadline for absentee ballots (by mail)
4/5/93 Last day to register for Special Election
4/5/93 SPECIAL PRIMARY ELECTION
4/6/93 Canvass and certification of primary election results
4/12/93 Last day to petition for a recount
4/13/93 A.V. ballots should be available by this date for Special
Election
4/23/93 Publish 1st notice of Special Election
4/30/93 Publish 2nd notice of Special Election
5/1/93 2:00 P.M. Application deadline for absentee ballots (by Mail)
5/3/93 SPECIAL ELECTION
5/4/93 Canvass and certification of Special Election results
5/10/93 Last day to petition for a recount
FISCAL NOTE (Misc. 93009)
By Finance Committee
IN RE: SPECIAL ELECTION - 11TH COUNTY COMMISSIONER DISTRICT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #93009 and finds:
l) The Elections Division estimates the cost of this special election to
Commissioner Minutes Continued. February 11, 1993
31
be $16,000.
2) An appropriation of $20,000 for unanticipated special elections
exists within the Elections Division, Election Supplies account.
3) An amendment to the 1993 Budget is not required.
FINANCE COMMITTEE
Moved by Jensen supported by Garfield the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner,
Moffitt, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron,
Crake, Douglas, Garfield, Gosling, Huntoon, Jensen. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
By General Government Committee - Donald W. Jensen, Chairperson
IN RE: SOCIAL SERVICES BOARD - REAPPOINTMENT OF MICHAEL A. GODDARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends the reappointment of
Michael A. Goddard to the Social Services Board for a three-year term ending
10/31/95.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Powers the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Powers the appointment be confirmed.
AYES: Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Moffitt,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Douglas,
Garfield, Gosling, Huntoon, Jensen, Johnson. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointment was
confirmed.
MISCELLANEOUS RESOLUTION #93010
BY Donald W. Jensen, Chairperson - General Government Committee
IN RE: SUPPORT FOR SENATE BILL 85 (Create Regional Sewer & Water Authority Act)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Senate Bill 85 would create a regional water and sewerage
authority which would replace the City of Detroit Water and Sewerage Department
as the provider of wholesale water supply and sewage services to southeastern
Michigan; and
WHEREAS the provisions of Senate Bill 85 will replace the Detroit Board
of Water Commissioners, whose seven members are appointed and serve at the
pleasure of the Mayor of the City of Detroit, with a regional assembly that will
be directly elected by the governing body of each city, township and village that
receives water supply and sewage services from the new regional authority; and
WHEREAS Senate Bill 85 will provide fair representation for all of the
municipal/customers of the regional authority since the representative of each
city, township and village will vote in direct proportion to the volume of water
purchased or sewage delivered for treatment to the authority; and
WHEREAS the passage of Senate Bill 85 will assure that wholesale water
supply and sewage treatment services, which constitute a vital part of the public
infrastructure of all of southeastern Michigan, will be managed and operated by a
fully representative regional authority that will be able to provide wholesale
Commissioner Minutes Continued. February 11, 1993
32
water and sewerage services on a cost effective basis.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners supports Senate Bill 85.
BE IT FURTHER RESOLVED that copies of this resolution be sent to all
state legislators from Oakland County and to the County's legislative agent.
On behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Schmid the resolution be adopted.
Moved by Douglas supported by Schmid the resolution be amended in the BE
IT FURTHER RESOLVED paragraph to read: "BE IT FURTHER RESOLVED that copies of
this resolution be sent to all state legislators from Oakland County, the
County's legislative agent, and to all local units of government in Oakland
County who receive water and/or sewer service from the City of Detroit."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Kingzett, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer,
Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield,
Gosling, Huntoon, Jensen, Johnson, Kaczmar. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #93011
BY: PERSONNEL COMMITTEE - Marilynn Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1993 WAGE RE-OPENER AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland and the Oakland County Employees Union
have been negotiating a 1993 wage rate pursuant to a wage reopener contained in
the 1991 - 1993 labor agreement; and
WHEREAS, an agreement has been reached for the period December 26, 1992
through December 31, 1993 and said agreement has been reduced to writing; and
WHEREAS, the agreement has been reviewed by your Personnel Committee
which recommends approval of the agreement;
NOW THEREFORE BE IT RESOLVED that the agreement between the County of
Oakland and the Oakland County Employees Union be and the same are hereby
approved; and that the Chairperson of this Board, on behalf of the County of
Oakland, be and is hereby authorized to execute said agreement, copy of which is
attached hereto.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93012
By Personnel Committee - Marilynn Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1993 WAGE RE-OPENER AGREEMENT FOR EMPLOYEES
REPRESENTED BY LOCAL 889, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, U.A.W. (PUBLIC HEALTH SANITARIANS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland and Local 889, United Automobile,
Aerospace and Agricultural Implement Workers of America, U.A.W., have been
negotiating a 1993 wage rate covering Public Health Sanitarian Technician, Public
Commissioner Minutes Continued. February 11, 1993
33
Health Sanitarian and Senior Public Health Sanitarian employees of the Oakland
County Health Division, pursuant to the 1990 - 1993 collective bargaining
agreement; and
WHEREAS, an agreement has been reached with these employees for the
period December 26, 1992 through December 31, 1993 and said agreement has been
reduced to writing; and
WHEREAS, the agreement has been reviewed by your Personnel Committee
which recommends approval of the agreement;
NOW THEREFORE BE IT RESOLVED that the agreement between the County of
Oakland, the Oakland County Health Division, and Local 889, United Automobile,
Aerospace and Agricultural Implement Workers of America, U.A.W., be and the same
are hereby approved; and that the Chairperson of this Board, on behalf of the
County of Oakland, be and is hereby authorized to execute said agreement, copy of
which is attached hereto.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93013
By Personnel Committee - Marilynn Gosling, Chairperson
IN RE: CIRCUIT COURT - 1993 - 1995 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY
THE OAKLAND COUNTY COURT REPORTERS' ASSOCIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, a labor agreement covering the Court Reporter III's of the
Oakland County Circuit Court has been negotiated with the Oakland County Court
Reporters' Association; and
WHEREAS, a three (3) year agreement has been reached with the Association
for the period January 1, 1993 through December 31, 1995, and said agreement has
been reduced to writing; and
WHEREAS, your Personnel Committee has reviewed the agreement covering
employees representing by the Association and recommends approval of the
agreement;
NOW THEREFORE BE IT RESOLVED that the agreement between the Oakland
County Circuit Court, the County of Oakland, and the Oakland County Court
Reporters' Association be and the same is hereby approved, and that the
Chairperson of this Board, on behalf of the County of Oakland, be and is hereby
authorized to execute said agreement, a copy of which is attached hereto.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93014
By Personnel Committee - Marilynn E. Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR
1992
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Study Group Reports approved by the
Board of Commissioners for Grades 1 - 21 provide for a review and appeal process
for departments and employees wishing to challenge the salary grade placement of
classifications; and
WHEREAS the Fourth Quarterly Report for 1992 was submitted to the
Personnel Committee identifying the reviews requested and the salary grade
changes recommended by the Personnel Department after completion of this review
process; and
WHEREAS funds have been established in the Classification and Rate Change
Commissioner Minutes Continued. February 11, 1993
34
fund to implement salary grade changes resulting from salary administration
quarterly report recommendations; and
WHEREAS the Personnel Committee has reviewed and approved this report;
NOW THEREFORE BE IT RESOLVED that changes in salary grade placement be
implemented as shown:
Salary Grade
Classification From: To: Location-Position
PRETRIAL SERVICES 8 9 31106-06131
INVESTIGATOR 31106-06234
(Retitle to PRETRIAL 31106-06235
SERVICES INVESTIGATOR I) 31106-07170
31106-07202
PRETRIAL SERVICES - 10 31106-06233
INVESTIGATOR II Reg OT
(new classification)
PRETRIAL SERVICES 12 14 31106-06232
SUPERVISOR
PRINTING EQUIPMENT 9 11 13830-02712
OPERATOR III
(Retitle to PRINTING
EQUIPMENT OPERATOR SUPERVISOR)
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: APPOINTMENTS TO JOB EVALUATION REVIEW PANEL
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee recommends appointment of Marilynn Gosling to the
Job Evaluation Review Panel for the remainder of the term ending June 30, 1993.
In accordance with the Salary Administration Plan, the Personnel
Committee concurs with the following appointments to the Job Evaluation Review
Panel for the remainder of the term ending June 30, 1993:
County Executive Appointee - Douglas Williams
Other Elected Officials' Appointee - Robert Fredericks
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
Moved by Gosling supported by Price the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Gosling supported by Price the appointment be confirmed.
AYES: McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick,
Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling,
Huntoon, Jensen, Johnson, Kaczmar, Kingzett. (22)
None. (0)
A sufficient majority having voted therefor, the appointment was
confirmed.
Commissioner Minutes Continued. February 11, 1993
35
REPORT (Misc. Res. #93015)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
RE: SHERIFF'S DEPARTMENT-ADDITION OF LAW ENFORCEMENT PATROL SERVICES CONTRACTS
TOWNSHIP OF ORION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution
on February 3, 1993, reports with the recommendation that the resolution be
adopted.
On behalf of the Personnel Committee, I move acceptance of the foregoing
report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #93015
By Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ADDITION OF LAW ENFORCEMENT PATROL SERVICES
CONTRACTS - TOWNSHIP OF ORION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to
permit the Sheriff's Department to enter into contractual agreements with local
units of government to provide Law Enforcement Patrol Services; and
WHEREAS the Township of Orion currently contracts for one Lieutenant, one
Detective Sergeant, nine Patrol Deputies with Fill-In, two Patrol Deputies
without Fill-In, and one Patrol Investigator; and
WHEREAS the Township of Orion has requested the addition of one (1)
Patrol Deputy (without Fill-In) Enforcement Patrol Services contract beginning
March 1, 1993 at rates established by the Board; and
WHEREAS the Sheriff's Department has indicated that sufficient patrol
vehicles are available for this contract addition so there is no need to increase
the county patrol vehicle fleet for this contract; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Chairperson of the Board, the Oakland County
Sheriff, and the Oakland County Executive to enter into a Law Enforcement Patrol
Services agreement with the Township of Orion for the addition of one (1) Patrol
Deputy (without Fill-In) Enforcement Patrol Services contract at annual rates of
$68,254 for 1993.
BE IT FURTHER RESOLVED that the Board of Commissioners creates one (1)
Deputy II position in the Contracted Patrol Unit, Protective Services Division of
the Sheriff's Department (436-18), effective March 1, 1993.
BE IT FURTHER RESOLVED that the position is contingent upon the
continuation of this contract.
Mr. Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Law Enforcement Agreement on file in County Clerk's Office.
FISCAL NOTE (Misc. Res. #93015)
By Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ADDITION OF LAW ENFORCEMENT PATROL SERVICES
CONTRACTS - TOWNSHIP OF ORION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
the above named Miscellaneous Resolution and finds:
1) Orion Township has requested to contract for an additional Patrol Deputy
without Fill-In effective March 1, 1993.
2) The one (1) Patrol Deputy (without Fill-In) contract requires one (1)
additional Deputy II position.
3) Based on the rates established by Miscellaneous Resolution #91180, annual
revenue from one (1) Patrol Deputy (without Fill-In) contract is $68,254.
Revenue for 1993 from this contract, which is effective March 1, 1993, is
$56,878.
4) Sufficient patrol vehicles exist so no capital costs are required.
Commissioner Minutes Continued. February 11, 1993
36
5) Budget adjustments for operating expenditures which are consistent with the
rates established in Miscellaneous Resolution #91180 are equal to revenue
adjustments detailed on Schedule A. Costs above the budget adjustments are
to be absorbed within the Sheriff's Department budget.
6) The 1993 General Fund Revenue and Expenditure Budget, Motor Pool, Radio
Communications, and Computer Services Fund Budgets be amended as detailed
on Schedule A.
FINANCE COMMITTEE
Moved by Obrecht supported by Gosling the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Obrecht supported by Gosling the resolution be adopted.
AYES: McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers,
Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, McCulloch. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93016
By Public Services Committee - Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - USE OF AUTOMOBILE THEFT FORFEITURE FUNDS
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County receives grant funding from the Automobile Theft
Prevention Authority (ATPA) under provisions of Public Act 10 of 1986; and
WHEREAS grant conditions issued by the ATPA allow funds received or
generated as a result of automobile theft activities, including receipts from
sale of property, be used to enhance automobile theft prevention programs; and
WHEREAS funding in the amount of $48,170 is available as of January 1,
1993 from the confiscation and sale of stolen vehicles through the efforts of the
Oakland County Automobile Theft Prevention Unit; and
WHEREAS the Sheriff's Department has requested a portion of these funds
be utilized to purchase seven (7) hand held portable radios with encryption and
telephone interconnect and camera equipment for use by the Auto Theft Prevention
units; and
WHEREAS the cost to purchase the radios are $19,924, the cost to purchase
the camera equipment is $1,819, and the on-going costs to operate the radios is
$3,415, for a total cost of $25,158.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the purchase of seven hand held portable radios with
encryption and telephone interconnect and camera equipment for use by the Auto
Theft Prevention units.
Mr. Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93017
By Public Services Committee - Lawrence A. Obrecht, Chairperson
IN RE: ANIMAL CONTROL - REVISION OF LICENSE COMMISSIONS RETAINED BY CITIES,
TOWNSHIPS AND VETERINARIANS FOR DOG LICENSES ISSUED
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Public Act 339 of 1919, as amended, commonly known as the Dog
Law of 1919, states that all dogs six (6) months or older must be licensed and
allows the Board of Commissioners in a county to set the amount of the dog
license fee and to set the amount of each license commission retained by the
cities and townships; and
WHEREAS, the Oakland County Board of Commissioners by Miscellaneous
Resolution #91194, dated September 12, 1991, established the current dog license
Commissioner Minutes Continued. February 11, 1993
37
fee for spayed/neutered dogs at $6.50; the current license fee for female/male
dogs at $10.00 and the delinquent dog license fee for all dogs at $25.00
effective December 1, 1991; and
WHEREAS, the city and township treasurers in Oakland County issue dog
licenses and tags annually, in cooperation with the County Treasurer and the
Oakland County Animal Control Division, pursuant to Public Act 339 of 1919; and
WHEREAS, the cities and townships retain commission of one dollar ($1.00)
from each current license sold and one dollar fifty cents ($1.50) from each
delinquent license sold; and
WHEREAS, local veterinarians in Oakland County have requested and are
issuing dog licenses and tags annually in the same manner as city and township
treasurers; and
WHEREAS, this commission does not give incentive to cities, townships and
veterinarians to sell licenses after the delinquent date.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby set the amount to be retained by cities, townships and
veterinarians for each license sold from December 1 to May 31, at one dollar
($1.00) and for each license sold from June 1 to November 30 at one dollar fifty
cents ($1.50) effective December 1, 1992.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93018
By Commissioners David L. Moffitt, District #18 and Dennis M. Aaron, District #23
IN RE: CIRCUIT COURT - PUBLIC SEATING IN CORRIDORS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, there is no seating for the citizens of the County when they are
awaiting appearance before a circuit judge, leaving large numbers of general
public to stand in the hallways of the courthouse for uncomfortable lengths of
time, and
WHEREAS, there is an immediate and pressing need to provide this long-
overdue public seating in the corridors outside the courtrooms.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby direct the County Executive to take all action
necessary to provide permanent public seating in the public hallways outside of
the Circuit Courtrooms.
Chairperson, we move the adoption of the foregoing resolution.
David L. Moffitt and Dennis M. Aaron
The Chairperson referred the resolution to the Planning and Building
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #93019
By Lawrence A. Obrecht, Commissioner
IN RE: DRAIN COMMISSIONER--LAKE LEVEL FOR LONG LAKE, WAIVER OF PRELIMINARY FEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, a sufficient number of freeholders on Long Lake signed petitions
to establish a normal height and lake level for the waters of Long Lake, and
delivered said petitions to the Oakland County Drain Commissioner on January 17,
1990, and
WHEREAS, the Drain Commissioner made the determination that it would be
better to complete the project on the Bunny Run Lake Special Assessment District
before establishing a lake level for Long Lake, and
WHEREAS, two years subsequent to the filing of the petitions with the
Drain Office, the Inland Lake Level Act, Act 52 of the Public Acts of 1992, was
adopted, and
WHEREAS, as authorized by provisions of Section 4 of Act 52, the Board of
Commissioners may require a cash payment be made by the freeholders who file
petitions sufficient to cover the preliminary costs necessary to proceed to
establish a lake level, and the Drain Commissioner estimates that for Long Lake
that cost would be $10,000, and
WHEREAS, Act 52 was established after the petitions of the freeholders
Commissioner Minutes Continued. February 11, 1993
38
were submitted, and
WHEREAS, the Drain Commissioner chose to wait to proceed until the Bunny
Run project was completed.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners waives the recommended $10,000 deposit and authorizes the Drain
Commissioner to obtain an independent engineering study and other necessary
engineering work which will provide the necessary information for the Drain
Commissioner to recommend an appropriate water level for Long Lake.
Chairperson, I move the adoption of the foregoing resolution.
LAWRENCE A. OBRECHT
The Chairperson referred the resolution to the Planning and Building
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #93020
BY: Lawrence A. Obrecht, Commissioner
IN RE: AMENDMENT TO GRANTS PROCEDURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, by Misc. Res. #89105, the Board of Commissioners established a
procedure for the application and acceptance of grants and for reimbursement
agreements, and
WHEREAS, there are some grantor agencies which offer so brief an
opportunity to submit applications, that adherence to the adopted procedure would
preempt the County from seeking these grant funds, and
WHEREAS, an amendment to our present procedure is necessary to allow the
county departments to capture these funding opportunities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby amends the grant procedure adopted by Res. #89105, by adding
the following language to Section II. New Grants or Ongoing Grants with 15% Or
More Variance:
D. When the grantor agency does not allow a County Department
enough time to prepare a grant application in accordance with
A.,B., and C. above, the Chairman of the Board of Commissioners,
upon receipt of a Budget Division Report, which shall include
complete explanation for the necessity to abridge the grant
procedure, may sign the grant application contingent upon the
subsequent approval of the liaison committee.
1. The Budget Division Report shall accompany the application to
the liaison committee.
2. The Budget Report shall include date of notification of grant
availability, time needed to prepare grant applications, and any
other information which necessitated the expedition of the grant
application outside of the adopted grant procedure.
BE IT FURTHER RESOLVED that in adopting this amendment, the Board wishes
to emphasize that all County Departments are to coordinate their grant and
reimbursement applications through the Budget Division.
Chairperson, I move the adoption of the foregoing resolution.
LAWRENCE A. OBRECHT
GRANT APPLICATION AND ACCEPTANCE
AND REIMBURSEMENT AGREEMENT PROCEDURES
I. Budget Division will bring all grant and reimbursement applications and
acceptances to the Board of Commissioners in accordance with the following:
II. APPLICATION
REIMBURSEMENT - APPLICATION
A. Budget Division forwards report to Board Chairperson.
B. Board Chairperson signs application.
ONGOING GRANTS LESS THAN 15% VARIANCE FROM ADOPTED BUDGET
A. Budget Division forwards report to Board Chairperson.
B. Board Chairperson signs application.
NEW GRANTS OR ONGOING GRANTS WITH 15% OR MORE VARIANCE FROM ADOPTED
BUDGET
A. Liaison Committee (report from Liaison Committee prepared by
Commissioner Minutes Continued. February 11, 1993
39
Budget Division).
B. Refer to Personnel Committee if applicable and Finance if
County match involved.
C. Board Chairperson signs application.
D. When the grantor agency does not allow a County Department enough
time to prepare a grant application in accordance with A., B., and C. above, the
Chairman of the Board of Commissioners, upon receipt of a Budget Division Report,
which shall include complete explanation for the necessity to abridge the grant
procedure, may sign the grant application contingent upon the subsequent approval
of the liaison committee.
1. The Budget Division Report shall accompany the application to the
liaison committee.
2. The Budget Report shall include date of notification of grant
availability, time needed to prepare grant applications, and any other
information which necessitated the expedition of the grant application outside of
the adopted grant procedure.
III. ACCEPTANCE
ALL GRANTS AND REIMBURSEMENTS LESS THAN 15% VARIANCE FROM APPLICATION
A. Finance Committee.
B. Refer to Personnel Committee if applicable.
C. Refer Finance Committee resolution (and Personnel report if
applicable) to Board.
D. Board Chairperson signs acceptance.
ALL GRANTS AND REIMBURSEMENTS WITH 15% OR MORE VARIANCE FROM APPLICATION
A. Liaison Committee (resolution prepared by Budget Division).
B. Refer to Finance (and Personnel if applicable).
C. Refer Liaison Committee resolution to Board with Fiscal Note and/or
Finance and Personnel committee reports attached.
D. Board Chairperson signs acceptance.
IV. AGREEMENT MODIFICATIONS - ALL GRANTS AND REIMBURSEMENTS
LESS THAN 15% VARIANCE FROM ORIGINAL ACCEPTANCE
A. Budget Division is informed and receives copy of modification.
B. Board Chairperson signs agreement modification.
WITH 15% OR MORE VARIANCE FROM ORIGINAL ACCEPTANCE
A. Liaison Committee (resolution prepared by Budget Division).
B. Refer to Finance (and Personnel if applicable).
C. Refer Liaison Committee resolution to Board with Fiscal Note and/or
Finance and Personnel Committee reports attached.
D. Board Chairperson signs agreement modification.
V. Budget Division shall maintain an ongoing schedule of all grants and
reimbursements and shall report same quarterly to the Finance Committee.
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #93021
By Ruel E. McPherson, County Commissioner, District #25
IN RE: (SUPPORT) ANNUAL AUDIT OF ALL COUNTY DEPARTMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS alleged mishandling of public funds at the federal, state and
county levels of government has received considerable media coverage; and
WHEREAS last year's disclosure of irresponsible check writing by several
members of the U.S. House of Representatives resulted in a serious increase in
public distrust of Congress; and
WHEREAS just recently the media has been covering the State House Fiscal
Agency scandal involving alleged misuse of more than $700,000 of taxpayer funds;
and
WHEREAS even more recently there has been media coverage of the alleged
theft of $80,000 from the property room located in the Oakland County jail; and
Commissioner Minutes Continued. February 11, 1993
40
WHEREAS it appears that auditing procedures at all levels of government
must be improved to protect public funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners requires that all County departments be audited annually by an
independent certified public accounting firm.
BE IT FURTHER RESOLVED that contracting with independent certified public
accounting firms be done on a rotating basis.
Mr. Chairperson, I move the adoption of the foregoing resolution.
RUEL E. MCPHERSON
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93022
By Hubert Price, Commissioner
IN RE: BOARD OF COMMISSIONERS--CONFIRMATION OF COUNTY EXECUTIVE
DEPARTMENT HEADS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the selection of qualified individuals to serve as directors of
county departments is a responsibility which is shared by the executive and
legislative branches of government under Act 139, and
WHEREAS, Sec.8 (e) of Act 139, states that the County Executive shall
appoint, supervise, and, at pleasure, remove head of departments other than
elected officials. The appointment of heads of departments shall require the
concurrence of a majority of the County Board of Commissioners, but is silent as
to the procedure to be employed in such appointments and confirmations.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby
establishes the following procedure for the appointment and confirmation of
County Executive Department Heads:
1. When the County Executive appoints a department head, he shall, in
writing, submit such appointment to the Board of Commissioners, and such written
submission shall be read at the next regular Board of Commissioners meeting and
shall be referred to the standing committee which has liaison responsibility with
that director.
2. The liaison committee shall, at its first meeting following such
referral, and in no case more than 15 days after such referral, review the County
Executive's appointments and shall recommend approval or disapproval of each
individual appointment, and shall report back its recommendation to the Board of
Commissioners. The committee review process shall include the submission of a
comprehensive resume for each appointee, and, at the discretion of the committee,
the appearance of each nominee may be required.
3. The Board of Commissioners shall receive such recommendation at its
first meeting following action by the liaison committee, and shall act at that
meeting to approve or disapprove each appointee by a majority vote of the
commissioners elected and serving.
4. All department head confirmation proceedings must be concluded within
60 days of their formal submission to the Board by the County Executive. Any
appointment not disapproved within such time period shall stand confirmed.
5. No proposed appointee shall be employed by the County to fill any of
the department head positions nor shall they receive any remuneration for
services as a department head prior to confirmation of the Board of
Commissioners.
6. In the case of a new administration, department heads who held
department head positions in the previous administration will be subject to the
entire confirmation process, but shall be excluded from the provisions of Sec. 5.
Chairperson, on behalf of the Committee, I move the adoption of the
foregoing resolution.
Hubert Price, Dist. #6 and Dennis N. Powers, Dist.
#10
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
In accordance with Rule XXII, the following referrals were made by the
Chairperson:
FINANCE
Commissioner Minutes Continued. February 11, 1993
41
a. John Amberger- Letter Requesting to Speak to Finance Committee
b. Larry Crake - Letter to SEMCOG Director John Amberger
c. State of Michigan - Oakland County Prosecutor's Anti-Auto Theft
d. State of Michigan - Oakland County Sheriff Auto Theft Squad
e. NACo - Change in NACo Dues Billing Cycle
f. Washtenaw County - Oppose any Changes in the Child Care Formula
GENERAL GOVERNMENT
a. Washtenaw County - Oppose Any Changes in the Child Care Formula
b. State of Michigan - Substance Abuse Evaluation Site Visit
c. Jane Boelkins - Letter re: Health Dept. - Dental Clinic
d. Historical Commission Annual Report
e. City of Royal Oak - Eight Mile Vision/Action Plan
f. Oakland County Bar Assoc.- Resolution re: Full Management
PERSONNEL COMMITTEE
a. State of Michigan - Oakland County Prosecutor's Anti-Auto Theft
b. State of Michigan - Oakland County Sheriff Auto Theft Squad
PLANNING AND BUILDING
a. City of Royal Oak - Eight Mile Vision/Action Plan
PUBLIC SERVICES
a. State of Michigan - Oakland County Prosecutor's Anti-Auto Theft
b. State of Michigan - Oakland County Sheriff Auto Theft Squad
c. Waterford School District - Children's Village School
OTHERS
Management and Budget
a. Equalization - Ind. Fac. Exemption in Excess of 5%, SEV, TSM
Corporation, City of Auburn Hills
b. Equalization - Ind. Fac. Exemption in Excess of 5%, SEV, Foamade
Industries, Inc.
The Chairperson announced the next meeting of the Board will be March 4,
1993 at 9:30 A.M.
The Board adjourned at 10:23 A.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson