HomeMy WebLinkAboutMinutes - 1993.03.04 - 8144
March 4, 1993
Meeting called to order by Chairperson Larry Crake at 9:33 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll Called.
PRESENT: Aaron, Crake, Douglas, Garfield, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (23)
ABSENT: Gosling (absent with notice). (1)
Quorum present.
Invocation given by Commissioner Lawrence Pernick.
Pledge of Allegiance to the Flag.
Moved by Schmid supported by Pernick the minutes of February 11, 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 be amended for the following item on the printed agenda: (Reason:
Waive Rule XI (F), Direct referral to Finance Committee)
PUBLIC SERVICES COMMITTEE
B. Prosecuting Attorney - Grand Jury Appropriation
AYES: Aaron, Crake, Douglas, Garfield, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Clerk read letter from Chairperson Larry Crake announcing the
appointments to various Lake Boards in Oakland County. Copy of appointments on
file in County Clerk's office.
There were no objections to the appointments and the appointments were
confirmed.
FISCAL REPORT (Misc. #93020)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: AMENDMENT TO GRANTS PROCEDURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution,
recommends its adoption.
FINANCE COMMITTEE
Board of Commissioners Minutes Continued. March 4, 1993
38
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 Miscellaneous Resolution #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 Resolution #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
District #3
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
Board of Commissioners Minutes Continued. March 4, 1993
39
A. Liaison Committee (report from Liaison Committee prepared by 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.
REPORT (Misc. #93020)
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: AMENDMENT TO GRANTS PROCEDURE
To the Finance Committee
Chairperson, Ladies and Gentlemen:
The General Government Committee, having received the above referenced
Board referral, reports that the resolution was improperly referred and
recommends referral to the Finance Committee.
On behalf of the General Government Committee, I submit the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Board of Commissioners Minutes Continued. March 4, 1993
40
Moved by McCulloch supported by Obrecht the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McCulloch supported by Obrecht the resolution be adopted.
AYES: Aaron, Crake, Douglas, Garfield, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #93023)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: PROSECUTING ATTORNEY OFFICE - ACCEPTANCE OF 1993 AUTOMOBILE THEFT
PREVENTION AUTHORITY GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above titled Finance
Committee resolution on February 24, 1993, reports with the recommendation that
the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance
of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #93023
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PROSECUTING ATTORNEY OFFICE - 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 Prosecuting Attorney's Office 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 $193,731 (State -
$169,515 (87.5%), County - $24,216); and
WHEREAS the ATPA proposes to fund 87.5% of the program with a 12.5% match
of a total grant of $170,481 (State - $149,169, County - $21,312) or 88% of the
application amount as shown in Schedule A; and
WHEREAS the previous grant funded one Prosecuting Attorney IV and one
Prosecuting Attorney III and the proposed grant will fund one Prosecuting
Attorney IV and one Prosecuting Attorney II which requires Personnel Committee
review; and
WHEREAS the contract has been approved by the County Executive's Contract
Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the Prosecuting Attorney's 1993 Automobile Theft
Prevention Authority grant in the amount of $149,169 with a County match of
$21,312 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 a Prosecuting Attorney III position (#41101-
06113) be reclassified to a Prosecuting Attorney II consistent with the grant
award.
Board of Commissioners Minutes Continued. March 4, 1993
41
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.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Schedules A and B on file in County Clerk's office.
Moved by McCulloch supported by Aaron the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McCulloch supported by Aaron the resolution be adopted.
AYES: Crake, Douglas, Garfield, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick,
Powers, Schmid, Taub, Wolf, Aaron. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93024
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: BOARD OF COMMISSIONERS - CONTRACTS OR AGREEMENTS TO PURCHASE LAND,
PROPERTY AND EQUIPMENT WITH INSTALLMENT PAYMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County enters into a myriad of contracts with various
vendors and contractors during the course of regular business operations; and
WHEREAS it is occasionally beneficial for the county to purchase such
land, property or equipment through lease purchasing agreements, bank financing
or other forms of installment payment contracts; and
WHEREAS Michigan State Statute MCL 46.11b(1) provides that a county, by
resolution of the county board of commissioners, may enter into such contracts
and agreements to purchase land, property and equipment.
NOW THEREFORE BE IT RESOLVED that all lease purchase agreements or other
contracts requiring installment payments for the purchase of land, property or
equipment shall be submitted to the Oakland County Board of Commissioners for
approval of the contract language, terms, conditions and for authority to
execute such contracts as required by State Statute MCL 46.11b(1).
BE IT FURTHER RESOLVED that upon approval by the Board of Commissioners
of such contracts, the Board shall appropriate in its budget sufficient sums
each year to meet the installment payments, including interest and principal,
as required by State Statute MCL 46.11b(3).
On behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Palmer the resolution be adopted.
AYES: Garfield, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid,
Taub, Wolf, Aaron, Crake, Douglas. (21)
NAYS: None. (0)
Board of Commissioners Minutes Continued. March 4, 1993
42
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #93025)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/REIMBURSEMENT DIVISION -
REORGANIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution
on February 3, l993, reports with the recommendation that the resolution be
adopted, contingent upon the deletion of vacant Accountant I (position No.
12325-00311) in the Accounting Division.
Chairperson, on behalf of the Personnel Committee, I move the acceptance
of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #93025
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/REIMBURSEMENT DIVISION -
REORGANIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Department of Management and Budget proposes a reorganization
of the Reimbursement Division to provide greater efficiency and more
supervision in the Division; and
WHEREAS the reorganization involves the downward reclassification of a
vacant Accountant IV position (grade 14) to a new class of Reimbursement
Supervisor (grade 13) and the creation of one (1) additional Reimbursement
Supervisor position, for a total of two (2) Reimbursement Supervisor positions;
and
WHEREAS this reorganization will provide one supervisor over each of the
two major areas within the Division and enable the Division to review more
cases for collection, conduct more show cause hearings and pursue the
collection of more delinquent accounts; and
WHEREAS the downward reclassification of the Accountant IV position to
Reimbursement Supervisor will result in an annual savings of $3,623, savings
for the balance of 1993 are projected at $2,998, the 1993 savings can be used
to partially fund the new Reimbursement Supervisor position; and
WHEREAS the Department has offered to delete a vacant Accountant I
position in the Accounting Division, the savings from this deletion will be
used to cover the remaining cost of the new Reimbursement Supervisor position;
and
WHEREAS in 1994 it is anticipated that this reorganization of the
Reimbursement Division will generate sufficient revenue to fully fund the new
Reimbursement Supervisor position.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners create a new classification of Reimbursement Supervisor at salary
grade 13 (no overtime).
BE IT FURTHER RESOLVED that the Accountant IV position (12701-03144) in
the Reimbursement Division be downwardly reclassified to Reimbursement
Supervisor and that one (1) new Reimbursement Supervisor position be created.
BE IT FURTHER RESOLVED that one (1) vacant Accountant I position (12325-
00311) in the Accounting Division be deleted.
BE IT FURTHER RESOLVED that the 1993 Budget be amended as follows:
4-10100-123-25-00-1001 Accounting Salaries $(27,081)
4-10100-123-25-00-2074 Accounting Fringes (12,214)
4-10100-127-01-00-1001 Reimbursement Salaries
26,966
4-10100-127-01-00-2074 Reimbursement Fringes
12,329
$ 0
========
Board of Commissioners Minutes Continued. March 4, 1993
43
BE IT FURTHER RESOLVED that the revenue generated in the Reimbursement
Division after installation of this position be reviewed by the Finance
Committee during the 1994/95 Budget Process to determine if the position is
still justified.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Huntoon the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McCulloch supported by Huntoon the resolution be adopted.
Discussion followed.
AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Powers, Schmid, Taub, Wolf,
Aaron, Crake, Douglas, Garfield. (21)
NAYS: Pernick. (1)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93026
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - 1992 YEAR-END REPORT AND BUDGET
AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all accounts have been posted and final adjustments made for
1992; and
WHEREAS Restatement #1 of the Government Accounting, Auditing, and
Financial Reporting Standards requires that encumbrances and appropriations
carried forward be treated as a designated fund balance at year-end and that
such amounts be reappropriated in the subsequent year in order to be available
for expenditures; and
WHEREAS the results of operation after consideration of expenditures,
accruals, encumbrances, appropriations carried forward, transfers, adjustments,
and closing entries produces an excess available resources over total charges
as reflected in the attached schedules; and
WHEREAS the balance as of December 31, 1992 was $5,701,256 of which
$5,150,000 was committed to the 1993 Budget by Miscellaneous Resolution #92269
leaving an uncommitted balance of $551,253; and
WHEREAS an agreement for advancement of funds to the City of Rochester
for a sewage disposal system project, per Miscellaneous Resolution #92203
requires a transfer of $36,513 in 1993 to the Drain Revolving Fund; and
WHEREAS a portion of the 1992 balance includes unspent Convention
Facility Tax Revenue (50% of which is designated by law for substance abuse
programs) and consistent with past practice, $220,780 of the unspent revenue
should be appropriated in the 1993 Health Division Satellite Centers account;
and
WHEREAS an appropriation of $85,000 is required in a Non-Departmental
Account for Economic Development; and
WHEREAS $40,000 is requested as a specific carried-forward in the Board
of Commissioners, Program Evaluation for the County Audit.
NOW THEREFORE BE IT RESOLVED that the report of operations is accepted
and the results of operations by line-item after inclusion of expenditures,
accruals, encumbrances, appropriations carried forward, transfers, adjustments,
and closing entries are approved.
BE IT FURTHER RESOLVED that various line items in the 1993 Budget be
amended to include $175,545.75 in encumbrances and $1,802,493.93 for
Board of Commissioners Minutes Continued. March 4, 1993
44
appropriations carried forward as detailed in the attached schedules.
BE IT FURTHER RESOLVED adjustments to the designated fund be approved as
follows:
BALANCE BEFORE ADJUSTMENT $ 5,374,349
ADDITIONS to DESIGNATED GENERAL FUND BALANCE:
Repayment Advance for Lake Charnwood 50,944
Repayment Advance for Bunny Run Lake Level 19,464
Close Lake Improvement Revolving Advance
(M. R. #92203) 75,000
Decrease Imprest Cash 10,280
Closing Food Services Fund 171,216
TOTAL ADDITIONS $ 5,701,254
DEDUCT FROM DESIGNATED GENERAL FUND BALANCE:
Transferred to Drain Revolving
(Per M. R. #92203) $ (36,513)
Substance Abuse Satellite Centers (220,780)
Economic Development (85,000)
Program Evaluation-County Audit
(40,000)
Committed to 1993 (5,150,000)
TOTAL DEDUCTIONS $(5,532,293)
UNDESIGNATED FUND BALANCE 1992 $ 168,961
BE IT FURTHER RESOLVED $168,961 is recognized as a part of the
Undesignated General Fund Balance as of December 31, 1992.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of year-end report and budget amendments on file in County Clerk's
office.
Moved by McCulloch supported by Kingzett the resolution be adopted.
Moved by McCulloch supported by Aaron the resolution be amended in the
second BE IT FURTHER RESOLVED paragraph by adding the word "balance" after the
words "designated fund".
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Miltner,
Moffitt, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Crake,
Douglas, Garfield, Huntoon. (20)
NAYS: McPherson, Oaks, Aaron. (3)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #93001)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: IMPORTS OF MUNICIPAL SOLID WASTES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-referenced
resolution on February 11, 1993, reports with the recommendation that the
resolution be adopted with the following amendment:
add and out-of-country following "out-of-state" in the 3rd and 4th
paragraphs.
Chairperson, on behalf of the Planning and Building Committee, I move the
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Board of Commissioners Minutes Continued. March 4, 1993
45
REPORT (Misc. #93001)
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: IMPORTS OF MUNICIPAL SOLID WASTE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on February 22, 1993, reports with the recommendation that the
resolution be adopted with the following amendment:
add and out-of-country following "out-of-state" in the 3rd and 4th
paragraphs.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #93001
BY: Commissioner Marilynn Gosling
IN RE: IMPORTS OF MUNICIPAL SOLID WASTES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Southeastern Michigan hosts numerous operating landfills which
(in the short-term) is a blessing for the generators of municipal solid wastes,
since the present daily waste stream is less than the operating capacity of
these facilities; and
WHEREAS this situation (where supply exceeds demand) has caused much
competition among the landfill operators for the available waste stream with
the result that our residents and places of business are enjoying exceedingly
low disposal fees and many are being offered low-priced long-term disposal
contracts which provides for price stability; and
WHEREAS this situation contains a hidden problem in that either the
operators of the landfills seek out-of-state wastes to maintain a high daily
operating volume or they are faced with attractive offers from out-of-state
waste generators to pay more for use of the disposal capacity than the current
local market conditions dictate; and
WHEREAS the United States Supreme Court, on June 1, 1992 ruled that
Michigan counties cannot bar the imports of out-of-state wastes as was
originally provided for by Michigan's Act 641; and
WHEREAS this means that a county, the region, or the State cannot
effectively plan for the long-range disposal of solid wastes with any degree of
accuracy since the usage of its landfill capacity is not predictable (because
of the potential for unplanned imports) or is not controllable by local actions
to reduce the waste volumes being directed to landfills, when that capacity may
simply be used by another as dictated by market forces; and
WHEREAS Michigan's law (Act 641) requires that a county have disposal
capacity for the long-term, replenishing that capacity when it falls below
certain thresholds levels (as currently administered by the Michigan Department
of Natural Resources, the threshold level is 20 years); and
WHEREAS the approval of additional landfill sites to meet MDNR's 20 year
administrative requirements in a market already saturated with excess daily
operating capacity (even though that capacity is necessary in the long-term)
will only increase the pressure on all landfill operators to seek imports from
other areas; and
WHEREAS the net result of all of the above is that each Michigan county
will be forced to site more landfill capacity than is currently needed for its
own wastes; and
WHEREAS in order to protect its interests in the face of these
circumstances, this situation may force counties to become the owner of all
landfill capacity within their jurisdiction so that imports may be effectively
barred (after all, it takes a willing owner or operator of a landfill to accept
imports) and daily operating capacities limited to match the locally generated
waste stream including mutually agreed upon intercounty flows.
Board of Commissioners Minutes Continued. March 4, 1993
46
` NOW THEREFORE BE IT RESOLVED that the County of Oakland urges Congress
and the Michigan legislature to adopt laws allowing counties to effectively
regulate the interstate flow of wastes so that they may control and purposely
plan for disposal capacity to meet their own needs without indirectly requiring
ownership of all available and future landfill capacity; and
BE IT FURTHER RESOLVED that in the absence of such legislation at a
national level, that the State of Michigan suspend any required siting of new
landfills beyond that necessary for local wastes over the short-term (3 to 5
years); and
BE IT FINALLY RESOLVED that copies of this resolution be forwarded to the
Governor, and all of Oakland County's elected State and National
representatives by the Oakland County Clerk.
Chairperson, I move the adoption of the foregoing resolution.
Marilynn Gosling
Commissioner District #14
Moved by Jensen supported by Moffitt the resolution be adopted.
Moved by Jensen supported by Moffitt the Planning and Building and
General Government Committee Reports be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Jensen supported by Moffitt the resolution be amended to be
consistent with the reports.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner,
Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf,
Aaron, Crake, Douglas, Garfield, Huntoon, Jensen. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #93008)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: COUNTY EXECUTIVE ADMINISTRATION - CREATION OF NEW CLASSIFICATION OF
SOUTH OAKLAND LIAISON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the County Executive's
recommendation regarding the funding source for the above-referenced resolution
on February 24, l993, reports in support of deletion of the following
positions:
#1471801998 Custodial Worker II, Facilities Maintenance
Operations
#1472501855 Groundskeeper II, Facilities Maintenance Operations
#1231503624 Account Clerk II, Accounting Division
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
REPORT (Misc. #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
Board of Commissioners Minutes Continued. March 4, 1993
47
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
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
N0
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
FISCAL NOTE (Misc. #93008)
BY: Finance Committee, John P. McCulloch, 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:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #93008 and finds:
1) Annual cost for the South Oakland County Liaison is $75,993 for
salaries and fringe benefits and $6,550 for operating expenses for
a total of $82,543. The total cost for the remainder of 1993 is
$69,441.
2) Funding is available with the deletion of three full-time eligible
positions as follows:
Position #
Board of Commissioners Minutes Continued. March 4, 1993
48
Facilities Maintenance & Operations:
Custodial Worker II 1471801998
Groundskeeper II 1472501855
Accounting Division:
Account Clerk II 1231503624
3) The deletion of these three positions will provide annual funding
of $99,188 ($78,250 for the remainder of 1993). The net effect of
the program changes will result in an annual savings of $16,645
with $8,809 being returned to the General Fund Contingency for
1993.
4) The resolution should be amended in the third RESOLVED paragraph so
that it reads as follows:
"BE IT FURTHER RESOLVED that one (1) full-time eligible
governmental position be created, effective March 6, 1993, in
the County Executive Department in a new division titled
South Oakland County Liaison (Division 119)."
5) The resolution should be amended further by adding a paragraph
which reads:
"BE IT FURTHER RESOLVED that three positions be deleted,
effective March 6, 1993, as follows: position #1471801998
(Custodial Worker II in Facilities Maintenance and
Operations), position #1472501855 (Groundskeeper II in
Facilities Maintenance and Operations), and position
#1231503624 (Account Clerk II in Accounting)."
6) The 1993 Budget should be amended as follows:
General Fund (10100)
Revenues
141-01-00-2531 Public Works - Reimbursement
for Salaries $ 45,692
Total Revenues $ 45,692
Expenditures
Accounting Division
123-15-00-1001 Salaries
$(10,302)
123-15-00-2074 Fringe Benefits ( 5,342)
Subtotal $(15,644)
902-01-00-6311 Maintenance Dept. Charges $(16,914)
909-01-00-9900 Contingency 8,809
Subtotal $( 8,105)
South Oakland County Liaison
119-01-00-1001 Salaries $ 43,343
119-01-00-2074 Fringe Benefits 19,548
119-01-00-3514 Membership, Dues, & Publ. 1,000
119-01-00-3574 Personal Mileage 1,600
119-01-00-3752 Travel & Conference 2,000
119-01-00-4898 Office Supplies 200
119-01-00-4909 Postage 400
119-01-00-6641 Convenience Copier 200
119-01-00-6672 Print Shop 500
119-01-00-6735 Insurance Fund 300
119-01-00-6750 Telephone Communications 350
Subtotal $ 69,441
Total Expenditures $ 45,692
Total General Fund $ 0
Facilities Maintenance & Operations Fund (63100)
Revenues
Board of Commissioners Minutes Continued. March 4, 1993
49
147-01-00-2312 Maintenance Dept. Charges $(16,914)
Total Revenues $(16,914)
Expenditures
147-18-00-1001 Salaries $(16,991)
147-18-00-2074 Fringe Benefits
(11,147)
147-25-00-1001 Salaries
(21,269)
147-25-00-2074 Fringe Benefits
(13,199)
147-01-00-3111 Management Services 45,692
Total Expenditures $(16,914)
Total FM&O Fund $ 0
7) The resolution be amended to include "Be it Further Resolved that
the South Oakland County Liaison Officer shall report on a
quarterly basis to the General Government Committee the
accomplishments of said officer and that copies be made to all
members of the Board of Commissioners".
FINANCE COMMITTEE
Moved by Jensen supported by Douglas the Personnel Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Douglas the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt,
Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron,
Crake, Douglas, Garfield, Huntoon, Jensen, Johnson. (23)
NAYS: None. (0)
Discussion followed.
A sufficient majority having voted therefor, the resolution 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
FISCAL NOTE (Misc. #93011)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PERSONNEL COMMITTEE - 1993 WAGE RE-OPENER AGREEMENT FOR EMPLOYEES
Board of Commissioners Minutes Continued. March 4, 1993
50
REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #93011 and finds:
1) For all represented classifications except Clinical Psychologist
II, a 3% increase has been negotiated. This is the same amount that has been
included in the 1993 Adopted Budget, therefore, amendments to the Budget are
not required for this portion of the agreement.
2) For the Clinical Psychologist II classification, a 2.442% increase
has been negotiated. The only OCEU positions in this classification are in the
Community Mental Health Division, which is subject to the constraints of State
funding. A comprehensive budget amendment will be offered later during the
year after the level of 1993 State funding has been finalized, which will
incorporate salaries for all positions in Community Mental Health.
FINANCE COMMITTEE
Moved by Law supported by Price the resolution be adopted.
AYES: Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Douglas,
Garfield, Huntoon, Jensen, Johnson, Kaczmar. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
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 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
FISCAL NOTE (#93012)
BY: Finance Committee, John P. McCulloch, 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:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Board of Commissioners Minutes Continued. March 4, 1993
51
Miscellaneous Resolution #93012 and finds that sufficient funds exist in the
1993 Budget to cover the cost of the wage re-opener, no additional funding is
required.
FINANCE COMMITTEE
Moved by Law supported by Powers the resolution be adopted.
AYES: Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield,
Huntoon, Jensen, Johnson, Kaczmar, Kingzett. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93027
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: PROBATE COURT - 1993 WAGE RE-OPENER AGREEMENT FOR PROBATE COURT
EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES,
LOCAL 2437
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Probate Court and the American Federation of
State, County and Municipal Employees, Local 2437, have been negotiating a 1993
wage rate pursuant to a wage re-opener 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 Oakland
County Probate Court and the American Federation of State, County and Municipal
Employees, Local 2437, 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 represented by the Association and recommends approval of the
agreement.
NOW THEREFORE BE IT RESOLVED that the agreement between the Oakland
County Circuit Court, the County of Oakland, and the Oakland County Court
Reporters' Association be and the same is hereby approved, and that the
Chairperson of this Board, on behalf of the County of Oakland, be and is hereby
authorized to execute said agreement, a copy of which is attached hereto.
Board of Commissioners Minutes Continued. March 4, 1993
52
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (Misc. #93013)
BY: Finance Committee, John P. McCulloch, 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:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #93013 and finds:
1. The Circuit Court and the Oakland County Court Reporters'
Association have reached an agreement with the represented court
reporters for the period January 1, 1993 through December 31, 1995
.
2. The agreement stipulates, for each of the calendar years, the
represented employees will receive the same general salary increase
approved by the Board of Commissioners to take effect during that
year for non-represented employees.
3. The parties further agree that any fringe benefit changes applied
to the non-represented employees will also be applicable for the
represented group.
4. Funds have been included in the Circuit Court's 1993 Adopted Budget
to cover a 3.0% increase, therefore, no additional funding is
required.
FINANCE COMMITTEE
Moved by Law supported by McPherson the resolution be adopted.
AYES: McCulloch, McPherson, Moffitt, Oaks, Obrecht, Palmer, Pernick,
Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Huntoon,
Johnson, Kaczmar, Kingzett, Law. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
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
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
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:
Board of Commissioners Minutes Continued. March 4, 1993
53
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 OPERATOR III 9 11 13830-02712
(Retitle to PRINTING
EQUIPMENT OPERATOR SUPERVISOR)
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (Misc. #93014)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT
FOR 1992
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #93014 and finds:
l) The Personnel Committee has approved the attached Salary
Administration Fourth Quarter report for 1992 upwardly
reclassifying 8 positions in 4 different classifications;
2) Governmental annual cost is $11,184 in salaries, $3,578 in fringe
benefits and Special Revenue fund annual costs are $1,459 in
salaries and $467 in fringes;
3) Governmental funded cost is $9,426 in salary and $3,017 in fringe
benefit costs for the period March 6, 1993 through December 31,
1993. Proprietary funded salary and fringe benefits costs for this
period are $1,229 and $394 respectively as shown in Schedule 1
(Attached);
4) Funds are available in the Appropriation Reserve for Transfer
Classification and Rate Changes Account for governmental funds and
the following amendments are recommended:
1993
4-10100-909-01-00-9902 Rate & Classification Changes ($12,443)
Circuit Court
4-10100-311-06-00-1001 Pretrial Services - Salaries 9,426
4-10100-311-06-00-2070 Fringe Benefits 3,017
12,443
$_- 0 -
FINANCE COMMITTEE
Copy of Schedule I on file in County Clerk's Office.
Moved by Law supported by Taub the resolution be adopted.
AYES: Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid,
Taub, Wolf, Aaron, Crake, Douglas, Garfield, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch. (21)
NAYS: None. (0)
Board of Commissioners Minutes Continued. March 4, 1993
54
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93028
BY: Planning & Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE THE FINANCING OF THE WALLED
LAKE-NOVI WASTEWATER TREATMENT PLANT 1993 EXPANSION PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the Huron-Rouge Sewage Disposal System Walled Lake-
Novi Wastewater Treatment Plant 1989 Enlargement Contract dated as of March 1,
1989 among the County of Oakland, the City of Walled Lake, and the City of
Novi, as amended by the First Amendment dated as of March 1, 1990 and by the
Second Amendment dated as of June 1, 1990 (the said contract as amended
hereinafter referred to as the "Contract"), the County of Oakland (the
"County") has acquired and constructed the Walled Lake-Novi Wastewater
Treatment Plant 1989 Enlargement (the "Project"); and
WHEREAS the County has on hand in the construction fund for the Project
in excess of $530,000 which was derived from the proceeds of the Huron-Rouge
Sewage Disposal System Walled Lake-Novi Wastewater Treatment Plant Enlargement
Bonds issued pursuant to the Contract and the cash payment made by the City of
Novi pursuant to the Contract; and
WHEREAS it has been proposed that the County, acting through its Drain
Commissioner as County Agency, acquire and construct a 1.7 million gallon
sludge storage tank with necessary appurtenances as an expansion of the Walled
Lake-Novi Wastewater Treatment Plant (the "1993 Expansion Project") at an
estimated cost of $1,480,000; and
WHEREAS it has been proposed that the cost of the 1993 Expansion Project
be financed in the manner described on Exhibit C; and
WHEREAS it is in the best interests of the County of Oakland that the
1993 Expansion Project be acquired and constructed.
THEREFORE BE IT RESOLVED:
1. The acquisition, construction and financing of the 1993 Expansion
Project as described on Exhibit A and the use of moneys remaining in the
construction fund for the Project to defray part of the cost of the 1993
Expansion Project is approved.
2. The use of moneys in the Water and Sewage Operations Trust Fund for
the Walled Lake-Novi Sewage Disposal System in the amount of $500,000 to
defray part of the cost of the 1993 Expansion Project is approved.
3. The following Exhibits A, B and C are approved.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copies of Exhibits on file in County Clerk's Office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93029
BY: Planning & Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO
DEFRAY PART OF THE COST OF ORCHARD LAKE VILLAGE SANITARY SEWAGE COLLECTION AND
DISPOSAL SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") and the City of Orchard Lake
Village (the "City") have entered into the City of Orchard Lake Village
Sanitary Sewage Collection and Disposal System Contract dated as of November 1,
1989 (the "Contract") pursuant to the provisions of Act No. 342, Public Acts of
Michigan, 1939, as amended ("Act 342"); and
Board of Commissioners Minutes Continued. March 4, 1993
55
WHEREAS the Contract provides for the issuance of bonds by the County to
defray the cost of acquiring and constructing the City of Orchard Lake Village
Sanitary Sewage Collection and Disposal System, said bonds to be secured by the
contractual obligation of the City to pay to the County amounts sufficient to
pay the principal of and interest on the bonds and to pay such paying agent
fees and other expenses as may be incurred on account of the bonds; and
WHEREAS the Oakland County Sewage Disposal Bonds (City of Orchard Lake
Village System) dated September 1, 1990 have been issued in the principal
amount of $2,135,000 to defray part of the cost of the project; and
WHEREAS it is in the best interest of the County of Oakland that
additional bonds be issued at this time. THEREFORE BE IT RESOLVED BY THE
BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows:
1. AUTHORIZATION OF BONDS -- PURPOSE. Bonds of the County aggregating
the principal sum of Two Million One Hundred Thousand Dollars ($2,100,000)
shall be issued and sold pursuant to the provisions of Act 342, and other
applicable statutory provisions, for the purpose of defraying part of the cost
of acquiring and constructing the City of Orchard Lake Village Sanitary Sewage
Collection and Disposal System.
2. BOND DETAILS. The bonds shall be designated Oakland County Sewage
Disposal Bonds (City of Orchard Lake Village System) Series 1993; shall be
dated March 1, 1993; shall be numbered from 1 upwards; shall be fully
registered; shall be in the denomination of $5,000 each or any integral
multiple thereof not exceeding the aggregate principal amount for each maturity
at the option of the purchaser thereof; shall bear interest at a rate or rates
not exceeding 8% per annum to be determined upon the sale thereof payable on
November 1, 1993, and semiannually thereafter on the first days of May and
November in each year; and shall mature on November 1 in each year as follows:
1994 $ 25,000 2003 $105,000
1995 50,000 2004 110,000
1996 75,000 2005 115,000
1997 75,000 2006 125,000
1998 80,000 2007 135,000
1999 100,000 2008 145,000
2000 100,000 2009 150,000
2001 100,000 2010 160,000
2002 100,000 2011 175,000
2012 175,000
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on
the bonds shall be payable in lawful money of the United States. Principal
shall be payable upon presentation and surrender of the bonds to the bond
registrar and paying agent as they severally mature. Interest shall be paid to
the registered owner of each bond as shown on the registration books at the
close of business on the 15th day of the calendar month preceding the month in
which the interest payment is due. Interest shall be paid when due by check or
draft drawn upon and mailed by the bond registrar and paying agent to the
registered owner at the registered address.
4. PRIOR REDEMPTION. Bonds maturing prior to November 1, 2003 shall not
be subject to redemption prior to maturity. Bonds maturing on and after
November 1, 2003 shall be subject to redemption prior to maturity upon the
terms and conditions set forth in the form of bond contained in Section 8
hereof.
5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall
designate, and may enter into an agreement with, a bond registrar and paying
agent for the bonds which shall be a bank or trust company located in the State
of Michigan which is qualified to act in such capacity under the laws of the
United States of America or the State of Michigan. The County Treasurer may
from time to time as required designate a similarly qualified successor bond
registrar and paying agent.
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be
executed in the name of the County by the facsimile signatures of the Chairman
of the Board of Commissioners and the County Clerk and authenticated by the
Board of Commissioners Minutes Continued. March 4, 1993
56
manual signature of an authorized representative of the bond registrar and
paying agent, and the seal of the County (or a facsimile thereof) shall be
impressed or imprinted on the bonds. After the bonds have been executed and
authenticated for delivery to the original purchaser thereof, they shall be
delivered by the County Treasurer to the purchaser upon receipt of the purchase
price. Additional bonds bearing the facsimile signatures of the Chairman of
the Board of Commissioners and the County Clerk and upon which the seal of the
County (or a facsimile thereof) is impressed or imprinted may be delivered to
the bond registrar and paying agent for authentication and delivery in
connection with the exchange or transfer of bonds. The bond registrar and
paying agent shall indicate on each bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to
the bond registrar and paying agent with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his duly authorized attorney, at the option of the
registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and
bearing the same rate of interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County, which
shall be kept for that purpose by the bond registrar and paying agent, upon
surrender of such bond together with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying
agent on behalf of the County shall cancel the surrendered bond and shall
authenticate and deliver to the transferee a new bond or bonds of any
authorized denomination of the same aggregate principal amount and maturity
date and bearing the same rate of interest as the surrendered bond. If, at the
time the bond registrar and paying agent authenticates and delivers a new bond
pursuant to this section, payment of interest on the bonds is in default, the
bond registrar and paying agent shall endorse upon the new bond the following:
"Payment of interest on this bond is in default. The last date to which
interest has been paid is __________________."
The County and the bond registrar and paying agent may deem and treat the
person in whose name any bond shall be registered upon the books of the County
as the absolute owner of such bond, whether such bond shall be overdue or not,
for the purpose of receiving payment of the principal of and interest on such
bond and for all other purposes, and all payments made to any such registered
owner, or upon his order, in accordance with the provisions of Section 3 of
this resolution shall be valid and effectual to satisfy and discharge the
liability upon such bond to the extent of the sum or sums so paid, and neither
the County nor the bond registrar and paying agent shall be affected by any
notice to the contrary. The County agrees to indemnify and save the bond
registrar and paying agent harmless from and against any and all loss, cost,
charge, expense, judgment or liability incurred by it, acting in good faith and
without negligence hereunder, in so treating such registered owner.
For every exchange or transfer of bonds, the County or the bond registrar
and paying agent may make a charge sufficient to reimburse it for any tax, fee
or other governmental charge required to be paid with respect to such exchange
or transfer, which sum or sums shall be paid by the person requesting such
exchange or transfer as a condition precedent to the exercise of the privilege
of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or
exchange bonds or portions of bonds which have been selected for redemption.
8. FORM OF BONDS. The bonds shall be in substantially the following
form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY SEWAGE DISPOSAL BOND
(CITY OF ORCHARD LAKE VILLAGE SYSTEM)
Board of Commissioners Minutes Continued. March 4, 1993
57
SERIES 1993
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
March 1, 1993
Registered Owner
Principal Amount
The County of Oakland, State of Michigan (the "County") acknowledges
itself indebted to and for value received hereby promises to pay to the
Registered Owner identified above, or registered assigns, the Principal Amount
set forth above on the Maturity Date specified above, unless redeemed prior
thereto as hereinafter provided, upon presentation and surrender of this bond
at ______________ ___________________________________ in the City of ________,
Michigan, the bond registrar and paying agent, and to pay to the Registered
Owner, as shown on the registration books at the close of business on the 15th
day of the calendar month preceding the month in which an interest payment is
due, by check or draft drawn upon and mailed by the bond registrar and paying
agent by first class mail postage prepaid to the Registered Owner at the
registered address, interest on such Principal Amount from the Date of Original
Issue or such later date through which interest shall have been paid until the
County's obligation with respect to the payment of such Principal Amount is
discharged at the rate per annum specified above. Interest is payable on the
first days of May and November in each year, commencing on November 1, 1993.
Principal and interest are payable in lawful money of the United States of
America.
This bond is one of a series of bonds aggregating the principal sum of
Two Million One Hundred Thousand Dollars ($2,100,000) issued by the County
under and pursuant to and in full conformity with the Constitution and Statutes
of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a
bond authorizing resolution adopted by the Board of Commissioners of the County
(the "Resolution") for the purpose of defraying part of the cost of acquiring
and constructing the City of Orchard Lake Village Sanitary Sewage Collection
and Disposal System. The bonds of this series are issued in anticipation of
payments to be made by the City of Orchard Lake Village in the aggregate
principal amount of Two Million One Hundred Thousand Dollars ($2,100,000)
pursuant to a contract between the County and the City of Orchard Lake Village
dated as of November 1, 1989. The full Faith and credit of the City of Orchard
Lake Village have been pledged to the prompt payment of the foregoing amount
and the interest thereon as the same become due. As additional security the
full faith and credit of the County have been pledged for the prompt payment of
the principal of and interest on the bonds of this series. Taxes levied by the
City of Orchard Lake Village for the payment of its obligations to the County
are not subject to limitation as to rate or amount. Taxes levied by the County
to pay the principal of and interest on the bonds of this series are subject to
constitutional tax limitations. This bond is transferable, as provided in
the Resolution, only upon the books of the County kept for that purpose by the
bond registrar and paying agent, upon the surrender of this bond together with
a written instrument of transfer satisfactory to the bond registrar and paying
agent duly executed by the registered owner or his attorney duly authorized in
writing. Upon the exchange or transfer of this bond a new bond or bonds of any
authorized denomination, in the same aggregate principal amount and of the same
interest rate and maturity, shall be authenticated and delivered to the
transferee in exchange therefor as provided in the Resolution, and upon payment
of the charges, if any, therein provided. Bonds so authenticated and delivered
shall be in the denomination of $5,000 or any integral multiple thereof not
exceeding the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or
exchange bonds or portions of bonds which have been selected for redemption.
Bonds maturing prior to November 1, 2003, are not subject to redemption
prior to maturity. Bonds maturing on and after November 1, 2003, are subject
to redemption prior to maturity at the option of the County, in such order as
Board of Commissioners Minutes Continued. March 4, 1993
58
shall be determined by the County, on any one or more interest payment dates on
and after November 1, 2002. Bonds of a denomination greater than $5,000 may be
partially redeemed in the amount of $5,000 or any integral multiple thereof.
If less than all of the bonds maturing in any year are to be redeemed, the
bonds or portions of bonds to be redeemed shall be selected by lot. The
redemption price shall be the par value of the bond or portion of the bond
called to be redeemed plus interest to the date fixed for redemption and a
premium as follows:
1% of the par value if called for redemption on or after
November 1, 2002, but prior to November 1, 2004;
0.5% of the par value if called for redemption on or after
November 1, 2004, but prior to November 1, 2006;
No premium if called for redemption on or after November 1,
2006.
Not less than thirty days' notice of redemption shall be given to the
holders of bonds called to be redeemed by mail to the registered holder at the
registered address. Bonds or portions of bonds called for redemption shall not
bear interest after the date fixed for redemption, provided funds are on hand
with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions
and things required to exist, happen and be performed precedent to and in the
issuance of the bonds of this series, existed, have happened and have been
performed in due time, form and manner as required by law, and that the total
indebtedness of said County, including the series of bonds of which this bond
is one, does not exceed any constitutional or statutory
limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of
Commissioners, has caused this bond to be executed in its name by facsimile
signatures of the Chairman of the Board of Commissioners and the County Clerk
and its corporate seal (or a facsimile thereof) to be impressed or imprinted
hereon. This bond shall not be valid unless the Certificate of Authentication
has been manually executed by an authorized representative of the bond
registrar and paying agent.
COUNTY OF OAKLAND
(SEAL)
By: ______________________ By: __________________________
County Clerk Chairman
Board of Commissioners
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned
Resolution.
_______________________________
Bond Registrar and Paying Agent
By: ___________________________
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
_____________________________ (please print or type name, address and taxpayer
identification number of transferee) the within bond and all rights thereunder
and does hereby irrevocably constitute and appoint
___________________________________ attorney to transfer the within bond on
Board of Commissioners Minutes Continued. March 4, 1993
59
the books kept for registration thereof, with full power of substitution in
the premises.
Dated: __________________
_______________________________
Signature Guaranteed
_______________________________
The signature must be guaranteed by a commercial bank, a trust company or a
brokerage firm which is a member of a major stock exchange.
9. SECURITY. The bonds shall be issued in anticipation of payments to
be made by the City of Orchard Lake Village pursuant to the Contract. The
bonds shall be secured primarily by the full faith and credit pledge made by
the City of Orchard Lake Village in the Contract pursuant to the authorization
contained in Act 342. As additional and secondary security the full faith and
credit of the County are pledged for the prompt payment of the principal of and
interest on the bonds as the same shall become due. If the City of Orchard
Lake Village shall fail to make payments to the County which are sufficient to
pay the principal of and interest on the bonds as the same shall become due, an
amount sufficient to pay the deficiency shall be advanced from the general fund
of the County.
10. DEFEASANCE. In the event cash or direct obligations of the United
States or obligations the principal of and interest on which are guaranteed by
the United States, or a combination thereof, the principal of and interest on
which, without reinvestment, come due at times and in amounts sufficient to
pay, at maturity or irrevocable call for earlier optional redemption, the
principal of, premium, if any, and interest on the bonds, or any portion
thereof, shall have been deposited in trust, this Bond Resolution shall be
defeased with respect to such bonds and the owners of such bonds shall have no
further rights under this Bond Resolution except to receive payment of the
principal of, premium, if any, and interest on such bonds from the cash or
securities deposited in trust and the interest and gains thereon and to
transfer and exchange bonds as provided herein.
11. PRINCIPAL AND INTEREST FUND. There shall be established for the
bonds a Principal and Interest Fund which shall be kept in a separate bank
account. From the proceeds of the sale of the bonds there shall be set aside
in the Principal and Interest Fund any premium and accrued interest received
from the purchaser of the bonds at the time of delivery of the same. All
payments received from the City of Orchard Lake Village pursuant to the
Contract are pledged for payment of the principal of and interest on the bonds
and expenses incidental thereto and as received shall be placed in the
Principal and Interest Fund.
12. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the
bonds shall be set aside in a construction fund and used to acquire and
construct the City of Orchard Lake Village Sanitary Sewage Collection and
Disposal System in accordance with the provisions of the Contract.
13. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY - EXCEPTION FROM PRIOR
APPROVAL. The issuance and sale of the bonds shall be subject to permission
being granted therefor by the Department of Treasury of the State of Michigan
or an exception from prior approval being granted by the Department of
Treasury and the County Drain Commissioner and the County Treasurer are each
hereby severally authorized to file with the Department of Treasury a Notice of
Intent to Issue an Obligation with respect to the bonds and to pay, upon the
filing of said notice, the filing fee of $400. If an exception from prior
approval is not granted the County Drain Commissioner or the County Treasurer
shall make application to the Department of Treasury for permission to issue
and sell the bonds as provided by the terms of this resolution and for approval
of the form of Notice of Sale.
14. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain
Commissioner shall determine that it is not necessary to sell bonds in the
principal amount of Two Million One Hundred Thousand Dollars ($2,100,000), he
Board of Commissioners Minutes Continued. March 4, 1993
60
may by order reduce the principal amount of bonds to be sold to that amount
deemed necessary. In the event the principal amount of the bond issue is
reduced pursuant to this section, the County Drain Commissioner shall reduce
the amount of bonds maturing in any one or more years as necessary.
15. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof
of ownership of an unmatured bond, of satisfactory evidence that the bond has
been lost, apparently destroyed or wrongfully taken and of security or
indemnity which complies with applicable law and is satisfactory to the
Treasurer, the Treasurer may authorize the bond registrar and paying agent to
deliver a new executed bond to replace the bond lost, apparently destroyed or
wrongfully taken in compliance with applicable law. In the event an
outstanding matured bond is lost, apparently destroyed or wrongfully taken, the
Treasurer may authorize the bond registrar and paying agent to pay the bond
without presentation upon the receipt of the same documentation required for
the delivery of a replacement bond. The bond registrar and paying agent, for
each new bond delivered or paid without presentation as provided above, shall
require the payment of expenses, including counsel fees, which may be incurred
by the bond registrar and paying agent and the County in the premises. Any
bond delivered pursuant the provisions of this Section 15 in lieu of any bond
lost, apparently destroyed or wrongfully taken shall be of the same form and
tenor and be secured in the same manner as the bond in substitution for which
such bond was delivered.
16. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The
County Drain Commissioner is authorized to prescribe the form of notice of sale
for the bonds, to sell the bonds at not less than 99% of par plus accrued
interest in accordance with the laws of this state and to do all things
necessary to effectuate the sale, issuance, delivery, transfer and exchange of
the bonds in accordance with the provisions of this resolution.
The County Drain Commissioner is authorized to cause the preparation of
an official statement for the bonds for purposes of compliance with Rule
15c2-12 issued under the Securities Exchange Act of 1934, as amended (the
"Rule") and to do all other things necessary to comply with the Rule. After
the award of the bonds, the County will provide copies of a "final official
statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and
in reasonable quantity as requested by the successful bidder or bidders to
enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and
the rules of the Municipal Securities Rulemaking Board.
17. TAX COVENANT. The County covenants to comply with all requirements
of the Internal Revenue Code of 1986, as amended, necessary to assure that the
interest on the bonds will be and will remain excludable from gross income for
federal income tax purposes. The County Drain Commissioner and other
appropriate County officials are authorized to do all things necessary
(including the making of covenants of the County) to assure that the interest
on the bonds will be and will remain excludable from gross income for federal
income tax purposes.
18. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions
insofar as they may be in conflict herewith are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93030
BY: Planning & Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO
DEFRAY PART OF THE COST OF CITY OF ORCHARD LAKE VILLAGE WATER SUPPLY SYSTEM
TO the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") and the City of Orchard Lake
Village (the "City") have entered into the City of Orchard Lake Village Water
Board of Commissioners Minutes Continued. March 4, 1993
61
Supply System Contract dated as of November 1, 1990 (the "Contract") pursuant
to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended
("(Act 342"); and
WHEREAS the Contract provides for the issuance of bonds by the County to
defray the cost of acquiring and constructing the City of Orchard Lake Village
Water Supply System, said bonds to be secured by the contractual obligation of
the City to pay to the County amounts sufficient to pay the principal of and
interest on the bonds and to pay such paying agent fees and other expenses as
may be incurred on account of the bonds; and
WHEREAS it is in the best interest of the County of Oakland that the bonds
be issued and the project be acquired and constructed.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY,
MICHIGAN, as follows:
1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County aggregating the
principal sum of Two Million Two Hundred Fifty Thousand Dollars ($2,250,000)
shall be issued and sold pursuant to the provisions of Act 342, and other
applicable statutory provisions, for the purpose of defraying part of the cost
of acquiring and constructing the City of Orchard Lake Village Water Supply
System.
2. BOND DETAILS. The bonds shall be designated Oakland County Water
Supply Bonds (City of Orchard Lake Village System) Series 1993; shall be dated
March 1, 1993; shall be numbered from 1 upwards; shall be fully registered;
shall be in the denomination of $5,000 each or any integral multiple thereof
not exceeding the aggregate principal amount for each maturity at the option of
the purchaser thereof; shall bear interest at a rate or rates not exceeding 8%
per annum to be determined upon the sale thereof payable on November 1, 1993,
and semi-annually thereafter on the first days of May and November in each
year; and shall mature on November 1 in each year as follows:
1995 $ 75,000 2004 $125,000
1996 100,000 2005 125,000
1997 100,000 2006 125,000
1998 100,000 2007 150,000
1999 100,000 2008 150,000
2000 100,000 2009 150,000
2001 100,000 2010 175,000
2002 100,000 2011 175,000
2003 125,000 2012 175,000
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest
on the bonds shall be payable in lawful money of the United States. Principal
shall be payable upon presentation and surrender of the bonds to the bond
registrar and paying agent as they severally mature. Interest shall be paid to
the registered owner of each bond as shown on the registration books at the
close of business on the 15th day of the calendar month preceding the month in
which the interest payment is due. Interest shall be paid when due by check or
draft drawn upon and mailed by the bond registrar and paying agent to the
registered owner at the registered address.
4. PRIOR REDEMPTION. Bonds maturing prior to November 1, 2003 shall
not be subject to redemption prior to maturity. Bonds maturing on and after
November 1, 2003 shall be subject to redemption prior to maturity upon the
terms and conditions set forth in the form of bond contained in Section 8
hereof.
5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall
designate, and may enter into an agreement with, a bond registrar and paying
agent for the bonds which shall be a bank or trust company located in the State
of Michigan which is qualified to act in such capacity under the laws of the
United States of America or the State of Michigan. The County Treasurer may
from time to time as required designate a similarly qualified successor bond
registrar and paying agent.
Board of Commissioners Minutes Continued. March 4, 1993
62
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall
be executed in the name of the County by the facsimile signatures of the
Chairman of the Board of Commissioners and the County Clerk and authenticated
by the manual signature of an authorized representative of the bond registrar
and paying agent, and the seal of the County (or a facsimile thereof) shall be
impressed or imprinted on the bonds. After the bonds have been executed and
authenticated for delivery to the original purchaser thereof, they shall be
delivered by the County Treasurer to the purchaser upon receipt of the purchase
price. Additional bonds bearing the facsimile signatures of the Chairman of
the Board of Commissioners and the County Clerk and upon which the seal of the
County (or a facsimile thereof) is impressed or imprinted may be delivered to
the bond registrar and paying agent for authentication and delivery in
connection with the exchange or transfer of bonds. The bond registrar and
paying agent shall indicate on each bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof
to the bond registrar and paying agent with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his duly authorized attorney, at the option of the
registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and
bearing the same rate of interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County,
which shall be kept for that purpose by the bond registrar and paying agent,
upon surrender of such bond together with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and
paying agent on behalf of the County shall cancel the surrendered bond and
shall authenticate and deliver to the transferee a new bond or bonds of any
authorized denomination of the same aggregate principal amount and maturity
date and bearing the same rate of interest as the surrendered bond. If, at the
time the bond registrar and paying agent authenticates and delivers a new bond
pursuant to this section, payment of interest on the bonds is in default, the
bond registrar and paying agent shall endorse upon the new bond the following:
"Payment of interest on this bond is in default. The last date to which
interest has been paid is __________________."
The County and the bond registrar and paying agent may deem and treat
the person in whose name any bond shall be registered upon the books of the
County as the absolute owner of such bond, whether such bond shall be overdue
or not, for the purpose of receiving payment of the principal of and interest
on such bond and for all other purposes, and all payments made to any such
registered owner, or upon his order, in accordance with the provisions of
Section 3 of this resolution shall be valid and effectual to satisfy and
discharge the liability upon such bond to the extent of the sum or sums so
paid, and neither the County nor the bond registrar and paying agent shall be
affected by any notice to the contrary. The County agrees to indemnify and
save the bond registrar and paying agent harmless from and against any and all
loss, cost, charge, expense, judgment or liability incurred by it, acting in
good faith and without negligence hereunder, in so treating such registered
owner.
For every exchange or transfer of bonds, the County or the bond
registrar and paying agent may make a charge sufficient to reimburse it for any
tax, fee or other governmental charge required to be paid with respect to such
exchange or transfer, which sum or sums shall be paid by the person requesting
such exchange or transfer as a condition precedent to the exercise of the
privilege of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer
or exchange bonds or portions of bonds which have been selected for redemption.
8. FORM OF BONDS. The bonds shall be in substantially the following
form:
Board of Commissioners Minutes Continued. March 4, 1993
63
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY WATER SUPPLY BOND
(CITY OF ORCHARD LAKE VILLAGE SYSTEM)
SERIES 1993
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE
CUSIP
March 1, 1993
Registered Owner
Principal Amount
The County of Oakland, State of Michigan (the "County") acknowledges
itself indebted to and for value received hereby promises to pay to the
Registered Owner identified above, or registered assigns, the Principal Amount
set forth above on the Maturity Date specified above, unless redeemed prior
thereto as hereinafter provided, upon presentation and surrender of this bond
at _________________________________________________ in the City of ________,
Michigan, the bond registrar and paying agent, and to pay to the Registered
Owner, as shown on the registration books at the close of business on the 15th
day of the calendar month preceding the month in which an interest payment is
due, by check or draft drawn upon and mailed by the bond registrar and paying
agent by first class mail postage prepaid to the Registered Owner at the
registered address, interest on such Principal Amount from the Date of Original
Issue or such later date through which interest shall have been paid until the
County's obligation with respect to the payment of such Principal Amount is
discharged at the rate per annum specified above. Interest is payable on the
first days of May and November in each year, commencing on November 1, 1993.
Principal and interest are payable in lawful money of the United States of
America.
This bond is one of a series of bonds aggregating the principal sum of
Two Million Two Hundred Fifty Thousand Dollars ($2,250,000) issued by the
County under and pursuant to and in full conformity with the Constitution and
Statutes of Michigan (especially Act No. 342, Public Acts of 1939, as amended)
and a bond authorizing resolution adopted by the Board of Commissioners of the
County (the "Resolution") for the purpose of defraying part of the cost of
acquiring and constructing the City of Orchard Lake Village Water Supply
System. The bonds of this series are issued in anticipation of payments to be
made by the City of Orchard Lake Village in the aggregate principal amount of
Two Million Two Hundred Fifty Thousand Dollars ($2,250,000) pursuant to a
contract between the County and the City of Orchard Lake Village dated as of
November 1, 1990. The full Faith and credit of the City of Orchard Lake
Village have been pledged to the prompt payment of the foregoing amount and the
interest thereon as the same become due. As additional security the full faith
and credit of the County have been pledged for the prompt payment of the
principal of and interest on the bonds of this series. Taxes levied by the
City of Orchard Lake Village for the payment of its obligations to the County
are not subject to limitation as to rate or amount. Taxes levied by the County
to pay the principal of and interest on the bonds of this series are subject to
constitutional tax limitations.
This bond is transferable, as provided in the Resolution, only upon
the books of the County kept for that purpose by the bond registrar and paying
agent, upon the surrender of this bond together with a written instrument of
transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his attorney duly authorized in writing. Upon the
exchange or transfer of this bond a new bond or bonds of any authorized
denomination, in the same aggregate principal amount and of the same interest
rate and maturity, shall be authenticated and delivered to the transferee in
exchange therefor as provided in the Resolution, and upon payment of the
charges, if any, therein provided. Bonds so authenticated and delivered shall
be in the denomination of $5,000 or any integral multiple thereof not exceeding
Board of Commissioners Minutes Continued. March 4, 1993
64
the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer
or exchange bonds or portions of bonds which have been selected for redemption.
Bonds maturing prior to November 1, 2003, are not subject to
redemption prior to maturity. Bonds maturing on and after November 1, 2003,
are subject to redemption prior to maturity at the option of the County, in
such order as shall be determined by the County, on any one or more interest
payment dates on and after November 1, 2002. Bonds of a denomination greater
than $5,000 may be partially redeemed in the amount of $5,000 or any integral
multiple thereof. If less than all of the bonds maturing in any year are to be
redeemed, the bonds or portions of bonds to be redeemed shall be selected by
lot. The redemption price shall be the par value of the bond or portion of the
bond called to be redeemed plus interest to the date fixed for redemption and a
premium as follows:
1% of the par value if called for redemption on or after
November 1, 2002, but prior to November 1, 2004;
0.5% of the par value if called for redemption on or after
November 1, 2004, but prior to November 1, 2006;
No premium if called for redemption on or after
November 1, 2006.
Not less than thirty days' notice of redemption shall be given to the
holders of bonds called to be redeemed by mail to the registered holder at the
registered address. Bonds or portions of bonds called for redemption shall not
bear interest after the date fixed for redemption, provided funds are on hand
with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions
and things required to exist, happen and be performed precedent to and in the
issuance of the bonds of this series, existed, have happened and have been
performed in due time, form and manner as required by law, and that the total
indebtedness of said County, including the series of bonds of which this bond
is one, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of
Commissioners, has caused this bond to be executed in its name by facsimile
signatures of the Chairman of the Board of Commissioners and the County Clerk
and its corporate seal (or a facsimile thereof) to be impressed or imprinted
hereon. This bond shall not be valid unless the Certificate of Authentication
has been manually executed by an authorized representative of the bond
registrar and paying agent.
COUNTY OF OAKLAND
(SEAL)
By: ______________________ By:
__________________________
County Clerk Chairman
Board of Commissioners
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned
Resolution.
_______________________________
Bond Registrar and Paying Agent
By: ___________________________
Authorized Representative
Board of Commissioners Minutes Continued. March 4, 1993
65
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
___________________________ (please print or type name, address and taxpayer
identification number of transferee) the within bond and all rights thereunder
and does hereby irrevocably constitute and appoint ________________ attorney to
transfer the within bond on the books kept for registration thereof, with full
power of substitution in the premises.
Dated: __________________ _______________________________
Signature Guaranteed _______________________________
The signature must be guaranteed by a commercial bank, a trust company or a
brokerage firm which is a member of a major stock exchange.
9. SECURITY. The bonds shall be issued in anticipation of payments to
be made by the City of Orchard Lake Village pursuant to the Contract. The
bonds shall be secured primarily by the full faith and credit pledge made by
the City of Orchard Lake Village in the Contract pursuant to the authorization
contained in Act 342. As additional and secondary security the full faith and
credit of the County are pledged for the prompt payment of the principal of and
interest on the bonds as the same shall become due. If the City of Orchard
Lake Village shall fail to make payments to the County which are sufficient to
pay the principal of and interest on the bonds as the same shall become due, an
amount sufficient to pay the deficiency shall be advanced from the general fund
of the County.
10. DEFEASANCE. In the event cash or direct obligations of the United
States or obligations the principal of and interest on which are guaranteed by
the United States, or a combination thereof, the principal of and interest on
which, without reinvestment, come due at times and in amounts sufficient to
pay, at maturity or irrevocable call for earlier optional redemption, the
principal of, premium, if any, and interest on the bonds, or any portion
thereof, shall have been deposited in trust, this Bond Resolution shall be
defeased with respect to such bonds and the owners of such bonds shall have no
further rights under this Bond Resolution except to receive payment of the
principal of, premium, if any, and interest on such bonds from the cash or
securities deposited in trust and the interest and gains thereon and to
transfer and exchange bonds as provided herein.
11. PRINCIPAL AND INTEREST FUND. There shall be established for the
bonds a Principal and Interest Fund which shall be kept in a separate bank
account. From the proceeds of the sale of the bonds there shall be set aside
in the Principal and Interest Fund any premium and accrued interest received
from the purchaser of the bonds at the time of delivery of the same. All
payments received from the City of Orchard Lake Village pursuant to the
Contract are pledged for payment of the principal of and interest on the bonds
and expenses incidental thereto and as received shall be placed in the
Principal and Interest Fund.
12. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the
bonds shall be set aside in a construction fund and used to acquire and
construct the City of Orchard Lake Village Water Supply System in accordance
with the provisions of the Contract.
13. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY - EXCEPTION FROM PRIOR
APPROVAL. The issuance and sale of the bonds shall be subject to permission
being granted therefor by the Department of Treasury of the State of Michigan
or an exception from prior approval being granted by the Department of
Treasury and the County Drain Commissioner and the County Treasurer are each
hereby severally authorized to file with the Department of Treasury a Notice of
Intent to Issue an Obligation with respect to the bonds and to pay, upon the
filing of said notice, the filing fee of $400. If an exception from prior
approval is not granted the County Drain Commissioner or the County Treasurer
shall make application to the Department of Treasury for permission to issue
Board of Commissioners Minutes Continued. March 4, 1993
66
and sell the bonds as provided by the terms of this resolution and for approval
of the form of Notice of Sale.
14. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain
Commissioner shall determine that it is not necessary to sell bonds in the
principal amount of Two Million Two Hundred Fifty Thousand Dollars
($2,250,000), he may by order reduce the principal amount of bonds to be sold
to that amount deemed necessary. In the event the principal amount of the bond
issue is reduced pursuant to this section, the County Drain Commissioner shall
reduce the amount of bonds maturing in any one or more years as necessary.
15. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof
of ownership of an unmatured bond, of satisfactory evidence that the bond has
been lost, apparently destroyed or wrongfully taken and of security or
indemnity which complies with applicable law and is satisfactory to the
Treasurer, the Treasurer may authorize the bond registrar and paying agent to
deliver a new executed bond to replace the bond lost, apparently destroyed or
wrongfully taken in compliance with applicable law. In the event an
outstanding matured bond is lost, apparently destroyed or wrongfully taken, the
Treasurer may authorize the bond registrar and paying agent to pay the bond
without presentation upon the receipt of the same documentation required for
the delivery of a replacement bond. The bond registrar and paying agent, for
each new bond delivered or paid without presentation as provided above, shall
require the payment of expenses, including counsel fees, which may be incurred
by the bond registrar and paying agent and the County in the premises. Any
bond delivered pursuant the provisions of this Section 15 in lieu of any bond
lost, apparently destroyed or wrongfully taken shall be of the same form and
tenor and be secured in the same manner as the bond in substitution for which
such bond was delivered.
16. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The
County Drain Commissioner is authorized to prescribe the form of notice of sale
for the bonds, to sell the bonds at not less than 99% of par plus accrued
interest in accordance with the laws of this state and to do all things
necessary to effectuate the sale, issuance, delivery, transfer and exchange of
the bonds in accordance with the provisions of this resolution.
The County Drain Commissioner is authorized to cause the preparation of
an official statement for the bonds for purposes of compliance with Rule
15c2-12 issued under the Securities Exchange Act of 1934, as amended (the
"Rule") and to do all other things necessary to comply with the Rule. After
the award of the bonds, the County will provide copies of a "final official
statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and
in reasonable quantity as requested by the successful bidder or bidders to
enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and
the rules of the Municipal Securities Rulemaking Board.
17. TAX COVENANT. The County covenants to comply with all requirements
of the Internal Revenue Code of 1986, as amended, necessary to assure that the
interest on the bonds will be and will remain excludable from gross income for
federal income tax purposes. The County Drain Commissioner and other
appropriate County officials are authorized to do all things necessary
(including the making of covenants of the County) to assure that the interest
on the bonds will be and will remain excludable from gross income for federal
income tax purposes.
18. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions
insofar as they may be in conflict herewith are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93031
BY: Planning and Building Committee
IN RE: OAKLAND COUNTY'S PARTICIPATION IN A VISION FOR 8 MILE BOULEVARD
Board of Commissioners Minutes Continued. March 4, 1993
67
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has been an active member of the 8 Mile Corridor
Task Force through the Executive Office and the Planning Division, since August
1990; and
WHEREAS Oakland County staff member's participation on the 8 Mile Corridor
Task Force has been used as in-kind match for the UMTA grant used to develop
the 8 Mile Vision/Action Plan; and
WHEREAS Oakland County has participated in the development of the plan
through its elected and appointed officials, residents, and businesses through
a focus group process; and
WHEREAS the 8 Mile Vision/Action Plan calls for a Vision of:
Vision for 8 Mile Boulevard
"Joining Together to Make a Difference"
8 Mile Boulevard will be a symbol of how cooperative and unified actions by
people and government will create a better place to live, work and play.
8 Mile Boulevard will be an attractive main street of marching trees with a
flowering, landscaped median fronting a "linear city" of 13 cooperating
communities of people working together to maintain and develop:
attractive, stable, and safe predominantly single family neighborhoods;
industrial parks;
neighborhood, community, and regional shopping center; office centers;
thousands of profitable commercial, industrial, and service businesses;
connected by a showcase intermodal mass transportation system; and
WHEREAS the 8 Mile Vision/Action Plan Goals are:
1. Protect & Renovate Residential
Neighborhoods
2. Eliminate Obsolete Buildings
3. Improve Appearance
4. Reduce Perception & Reality of Crime
5. Improve Intermodal Transportation Systems
6. Bring People Together
7. Initiate Economic Development Programs
8. Finance the Activities; and
WHEREAS the Oakland County Executive and Board of Commissioners and other
Task Force Members agree to review the vision statement and goals listed above
for the purpose of reaching a mutually agreed upon position which reflects all
aspects, including but not limited to financial concerns, that provide future
task force direction. We acknowledge that the background reports entitled
Environmental Scan and Market Analysis, present an analysis of the corridor
problems and opportunities; and
WHEREAS the Oakland County Executive and Board of Commissioners support
the idea of the 13 communities and 3 counties working jointly to solve the
problems of the corridor and supports working to take advantage of the
opportunities presented on the corridor; and
WHEREAS the next step in the process is for the chief elected officials of
each community/county to meet and decide if it is necessary to form a "formal"
organization to work on the problems/opportunities of the corridor, and if it
is found to be necessary, its composition, organization and intent, budget and
work program; and
WHEREAS the County Executive or his designee will represent the County of
Oakland at the meetings in the next step of the process; and
WHEREAS the County Executive will consult and work with the Board of
Commissioners in partnership in the decisions discussed in the next step of the
process; and
WHEREAS the Oakland County Executive and Board of Commissioners believe
that an incremental approach is the best process to follow in addressing the
concerns of the 8 Mile Corridor effort; and
WHEREAS the commitment of the County of Oakland to any formal organization
with dues will require Board of Commissioner action.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Board of Commissioners Minutes Continued. March 4, 1993
68
Commissioners expresses its support for the County Executive or his designee
and the Chairperson of the Board of Commissioners or his designee to meet with
the chief elected officials from the 13 communities, 2 counties of Wayne and
Macomb, along with the Michigan Department of Transportation to discuss future
organizational, financial and work activities for a joint effort on the 8 Mile
Corridor; and
BE IT FURTHER RESOLVED that the County Executive will provide his
recommendation to the Board of Commissioners concerning the conclusions reached
as a result of his meetings with the chief elected officials of the 13
communities, 2 counties of Wayne and Macomb and the Michigan Department of
Transportation.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING
COMMITTEE
Moved by Palmer supported by Pernick the resolution be adopted.
AYES: Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid,
Taub, Wolf, Aaron, Crake, Douglas, Garfield, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, Miltner. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93032
BY: Planning & Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF PUBLIC WORKS/WATER & SEWAGE OPERATION - SALE AND PURCHASE
OF COUNTY OWNED PROPERTY (8 MILE ROAD PUMP STATION PROPERTY), CITY OF
SOUTHFIELD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Water & Sewer Division of the Department of Public Works
operates a pump station for the Evergreen-Farmington Sewage Disposal System
which is located at 22430 West Eight Mile Road in the City of Southfield; and
WHEREAS the Water & Sewer Division of Oakland County Department of Public
Works also maintains a water system maintenance building and storage area
adjacent to the pumping station site; and
WHEREAS the water system maintenance building is being enlarged thus
losing storage and parking area; and
WHEREAS Wal-Mart Stores, Inc. owns property which adjoins the County's
northerly property line; and
WHEREAS Wal-Mart Stores, Inc. has proposed to sell to the County of
Oakland 3,697 S/F adjacent to the water maintenance building for the appraisal
price of $16,700; and
WHEREAS Wal-Mart Stores, Inc. has requested that the County of Oakland
consider selling to Wal-Mart Stores, Inc. 347 S/F of property along the west
side of this subject property for the appraisal price of $1,600; and
WHEREAS the acquisition of this 3,697 S/F from Wal-Mart Stores, Inc. would
provide for additional storage and parking area which is needed; and
WHEREAS the selling of 347 S/F of County owned property at this subject
site to Wal-Mart Stores, Inc. will not adversely affect the County property;
and
WHEREAS James E. Porter, P.E., Manager of Water & Sewer Operations of the
Oakland County Department of Public Works, recommends the purchase of this
property from Wal-Mart Stores, Inc., identified as being part of Tax Parcel 24-
33-452-025 and containing 0.86 acres more or less on the City of Southfield tax
rolls, and the selling of the County property as being part of Tax Parcel 24-
33-452-026 and containing .005 acres more or less on the City of Southfield tax
rolls to Wal-Mart Stores, Inc.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the acquisition of 3,697 S/F from Wal-Mart Stores, Inc.
Board of Commissioners Minutes Continued. March 4, 1993
69
for the appraisal price of $16,700.00 and also the selling of 347 S/F of County
owned property to Wal-Mart Stores, Inc. for the appraisal price of $1,600.00
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized to execute all documents necessary for the sale and purchase of
County Property.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING
COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93033
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: CIRCUIT COURT - STATE COURT ADMINISTRATIVE OFFICE ANTI-DRUG ABUSE GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the Circuit Court has applied for a grant from the State Court
Administrative Office (SCAO) in the amount of $20,655 of which 75% would be
funded by the SCAO and the balance by the County and;
WHEREAS these funds are to provide assistance to trial courts, on the
basis of demonstrated need, to expedite the adjudication of drug and drug-
related cases; and
WHEREAS the Circuit Court has been awarded a judicial support grant to
assist in the adjudication of drug and drug-related cases in the amount of
$14,000; and
WHEREAS $10,500 (75%) is the State portion and $3,500 (25%) is the County
match which is included in the Circuit Court's 1993 Adopted Budget; and
WHEREAS a visiting judge, outside court reporter services and current
Court staff will be assigned to the grant; therefore, no new personnel will be
required; and
WHEREAS the funds for this grant must be expended by September 30, 1993;
and
WHEREAS acceptance of this grant does not obligate the County to any
future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the State Court Administrative Office Anti-Drug Abuse
Grant in the amount of $14,000.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized to execute the grant agreement and to approve amendments and
extensions up to fifteen (15) percent variance from the award, consistent with
the agreement as originally approved.
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 #93034
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: PROSECUTING ATTORNEY - GRAND JURY APPROPRIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS upon petition of the Oakland County Office of the Prosecutor, the
Oakland County Circuit Court authorized a 17-member Citizens' Grand Jury to
begin operation on March 10, 1993 for a six-month term with an option to extend
the term an additional six months; and
WHEREAS the Grand Jury is empowered to investigate unsolved murders, the
Board of Commissioners Minutes Continued. March 4, 1993
70
illegal possession, distribution, manufacture, and/or delivery of controlled
substances, and conspiracies or attempts to commit these offenses; and
WHEREAS the Prosecuting Attorney's Office, under the coordination of
Principal Attorney Lawrence J. Bunting, with the assignment of existing staff
resources, shall be responsible for all costs for the implementation and
convening of the Citizens' Grand Jury; and
WHEREAS a budget adjustment of $50,000 for operating expenses will be
necessary to conduct the Grand Jury proceedings as estimated by the Prosecuting
Attorney.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners recognizes
the establishment of a Citizens' Grand Jury and authorizes the transfer of
$50,000 to defray operating expenses for such purpose with funding provided
from within the Prosecuting Attorney's budget.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Fiscal Note (Misc. #93034)
By: Finance Committee, John P. McCulloch, Chairperson
IN RE: PROSECUTING ATTORNEY - GRAND JURY APPROPRIATION
To the Oakland County Board of Commissioners
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) Upon the request of the Oakland County Office of the Prosecuting
Attorney, the Oakland County Circuit Court authorized the commencement of a 17-
member Citizens' Grand Jury to begin operation on March 10, 1993 for a six-
month term with an option to extend the term an additional six months.
2) The authorization directs that the Office of the Prosecuting Attorney
is responsible for all costs related to convening the Grand Jury.
3) The Prosecuting Attorney's Office is requesting recognition of the
establishment of a Citizen's Grand Jury and a budget adjustment of $50,000 to
cover operating expenses.
4) Funding in the amount of $50,000 is available within the Prosecuting
Attorney's budget for transfer to the Grand Jury Unit of the Prosecuting
Attorney Department's 1993 Budget as follows:
From:
4-10100-411-01-00-1001 Salaries $(32,000)
4-10100-411-01-00-2077 Retirement ( 8,000)
4-10100-411-01-00-2078 FICA ( 4,000)
$(50,000)
To:
4-10100-411-05-00-3050 Defense Attorney Fees 2,000
4-10100-411-05-00-3100 Juror Fees & Mileage 15,000
4-10100-411-05-00-3128 Professional Service 1,000
4-10100-411-05-00-3152 Reporter & Steno Services 20,000
4-10100-411-05-00-3180 Witness Fees & Mileage $ 12,000
$ 50,000
$ -0-
FINANCE COMMITTEE
Moved by Obrecht supported by Law the resolution be adopted.
Moved by Obrecht supported by Law the Fiscal Note be amended in section
4, Salaries, to show the figure as "$(38,000)".
A sufficient majority having voted therefor, the amendment carried.
Board of Commissioners Minutes Continued. March 4, 1993
71
Vote on resolution, as amended:
AYES: Oaks, Obrecht, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron,
Crake, Douglas, Garfield, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, Miltner, Moffitt. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
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.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #93016)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - USE OF AUTOMOBILE THEFT FORFEITURE FUNDS
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #93016 and finds:
1) The cost to purchase seven hand held portable radios with
encryption and telephone interconnect is $19,924 with operating
costs of $3,415.
2) The cost of the camera equipment is $1,819.
3) Funds are available from the Sheriff's Department's Auto Theft
Prevention Forfeiture Fund account (#1-10100-201-055).
4) The Finance Committee recommends the appropriation of $25,158 from
the Sheriff's Department's Auto Theft Prevention account (#1-10100-
201-055) and transfers same to the Sheriff's Department's budget,
amending the 1993 Budget as follows:
GENERAL FUND
3-10100-431-01-00-2340 Miscellaneous Revenue $ 25,158
4-10100-439-01-00-5675 Transfer to Radio Comm. 19,924
4-10100-439-01-00-9998 Misc. Cap. Outlay (Camera) 1,819
4-10100-439-01-00-6600 Radio Communications (Rental) 3,415
Total Expense $ 25,158
RADIO COMMUNICATIONS
3-66000-138-40-00-5101 Transfer-In - G.F. $ 19,924
Board of Commissioners Minutes Continued. March 4, 1993
72
3-66000-138-40-00-2295 Leased Equipment 3,415
4-66000-138-40-00-3304 Depreciation 3,415
1-66000-455-001 Revenue Over/(Under) Expense $ 19,924
FINANCE COMMITTEE
Moved by Obrecht supported by Schmid the resolution be adopted.
AYES: Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf,
Aaron, Crake, Douglas, Garfield, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, McPherson, Miltner, Moffitt, Oaks. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
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 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
FISCAL NOTE (Misc. #93017)
BY: Finance Committee, John P. McCulloch, 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:
Pursuant to Rule XI-G of the Board of Commissioners, the Finance
Committee has reviewed Miscellaneous Resolution #93017 and finds:
1) Participating city and township treasurers currently retain
commission of one dollar ($1.00) from each current license sold and
one dollar fifty cents ($1.50) from each delinquent license sold.
Board of Commissioners Minutes Continued. March 4, 1993
73
2) Local Veterinarians in Oakland County have requested and are
issuing dog licenses and tags annually in the same manner as city
and township treasurers.
3) It is recommended that participating veterinarians also retain the
amount of one dollar ($1.00) for each current license sold and one
dollar fifty cents ($1.50) for each delinquent license sold.
4) The schedule for current and delinquent licenses is as follows:
Current Licenses December 1 through May 31
Delinquent Licenses June 1 through November 30
5) The set amount would be effective December 1, 1992.
4) An amendment to the 1993 budget is not required.
FINANCE COMMITTEE
Moved by Obrecht supported by Oaks the resolution be adopted.
AYES: Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron,
Crake, Douglas, Garfield, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
MISCELLANEOUS RESOLUTION #93035
BY: Dennis M. Aaron, County Commissioner, District #23
IN RE: COURTHOUSE SECURITY SYSTEM REVIEW
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS courthouse security was instituted in the latter part of 1992
involving use of various equipment and the hiring of additional personnel; and
WHEREAS representations were made to the Oakland County Bar Association
in the latter part of November, 1992, that there would be a review of the
system within 60 to 90 days after it became effective; and
WHEREAS numerous complaints have been received by citizens and attorneys
involving long waits outside of the building in cold weather before entry could
be effected.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners conduct a complete review of the practices adopted as to
courthouse security.
BE IT FURTHER RESOLVED that the category of persons exempted from passing
through the security system be expanded to include duly admitted members of the
State Bar Association of Michigan and such other persons who are granted such
exclusions in the 36th District Court and in the Federal Courts in Detroit.
Chairperson, I move the adoption of the foregoing resolution.
DENNIS M. AARON
County Commissioner, District #23
The Chairperson referred the resolution to the Planning and Building
Committee and Public Services Committee. There were no objections.
MISCELLANEOUS RESOLUTION #93036
BY: Commissioner Lawrence A. Obrecht, District #3
IN RE: SHERIFF'S DEPARTMENT-TRAFFIC AND SECURITY CONTRACTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Resolution #91181, the Board of Commissioners established the
1992/1993 Contract Overtime Rates for the Sheriff's Department, for the purpose
of providing deputies for traffic and security assignments at various
activities and events, and
WHEREAS Resolution #91181 provides that each contract between the
Sheriff's Department and participating community or organizations be approved
by the Board of Commissioners prior to implementation of the agreement, with
Board of Commissioners Minutes Continued. March 4, 1993
74
the exception of communities already under contractual agreement for Sheriff's
Law Enforcement and Patrol Services. In such cases, review and approval will
be made by the Department of Management and Budget, and
WHEREAS to eliminate any confusion as to what constitutes the review and
approval process for these excepted contracts, known as "mini-contracts," the
following procedure is hereby adopted.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby establishes the following procedure for the review and
approval of the excepted Sheriff's Traffic and Security Contracts (mini-
contracts):
Contracts for Sheriff's Traffic and Security Assistance for activities
and events within a community which is under contractual agreement for
Sheriff's Law Enforcement Patrol Services, may be entered into at the
prevailing, established contract overtime rates, upon the review and
approval of the Management and Budget Department. Such approval or
disapproval shall be signed by the Director of Management & Budget,
conveyed to the Sheriff in written form and an informational copy of the
approval/disapproval of such mini-contract request will be simultaneously
provided to the Public Services Committee.
BE IT FURTHER RESOLVED that all portions of Resolution #91181, adopted
September 12, 1993, not in conflict with this resolution, remain in full force
and effect.
Chairperson, I move the adoption of the foregoing resolution.
LAWRENCE A. OBRECHT
County Commissioner, District #3
The Chairperson referred the resolution to the Public Services Committee
and Finance Committee. There were no objections.
In accordance with Rule XXII, the following referrals were made by the
Chairperson:
FINANCE
a. National Association of Counties-Annual Membership Dues
b. Michigan State Dept. of Treasury-Assessing Requirements
PLANNING & BUILDING
a. Michigan Dept. of Transportation-Excess Property, Control Section No:
63102
b. Michigan Dept. of Transportation-Excess Property, Control Section No:
63112
OTHERS
Management & Budget
a. Equalization-Ind. Fac. Exemption Certificate Transfer-Royal Oak
There were no objections to the referrals.
The Chairperson stated the next meeting of the Board will be March 18,
1993 at 9:30 A.M.
The Board adjourned at 10:20 A.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson