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HomeMy WebLinkAboutMinutes - 1993.03.31 - 8146 107 April 1, 1993 Meeting called to order at 9:57 A.M. by Chairperson Larry Crake in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (24) ABSENT: None. (0) Quorum present. Invocation given by Commissioner Hubert Price, Jr. Moved by Schmid supported by Pernick the minutes of the March 18, 1993 meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Schmid supported by Pernick the rules be suspended and the Agenda amended as follows: ADD THE FOLLOWING ITEM NOT ALREADY ON PRINTED AGENDA: PERSONNEL b. Misc. Res. #93038, Personnel Department/1992-1994 Labor Agreement for Employees Represented by the Oakland County Deputy Sheriff's Association. (Reason for suspension: Waive Rule XXVII, 5-day notification. Finance Meeting held immediately prior to April 1, 1993 Board Meeting.) AYES: Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (23) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules carried, and the Agenda, as amended, was approved. MISCELLANEOUS RESOLUTION #93049 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: CIRCUIT COURT - 1993 FAST TRACK DRUG ADJUDICATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court has been awarded a grant from the Office of Drug Control in the amount of $126,293; and WHEREAS these funds will be used in the adjudication of drug cases; and WHEREAS the grant covers the period of April 1, 1993 through September 30, 1993 and requires a 25% County match ($31,573); and WHEREAS the County match is available in the Circuit Court's 1993 Adopted Budget and the Circuit Court's Civil Mediation Fund (1-10100-201-011); and WHEREAS the grant provides for a visiting judge, contracted court 108 reporter services, the creation of a Clerk III position and the creation of a Court Clerk I position; and WHEREAS the grant also includes funding for juror fees and mileage, office supplies, court transcripts, computer services, and various capital equipment; and WHEREAS the grant agreement is included in the County Executive's Contract Review process; 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 grant from the Office of Drug Control Policy in the amount of $126,293. BE IT FURTHER RESOLVED that two (2) special revenue funded positions be created, one (1) Clerk III and one (1) Court Clerk I, in the Circuit Court. BE IT FURTHER RESOLVED continuation of these positions be contingent upon continuation of grant funding. 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. BE IT FURTHER RESOLVED the Circuit Court's 1993 Budget be amended as follows: GENERAL FUND REVENUE 3-10100- 311-01-00-2054 Civil Mediation $ 9,274 EXPENDITURES 4-10100- 311-01-00-4898 Office Supplies ( 500) 311-01-00-4832 Dry Goods & Clothing ( 48) 311-02-00-3100 Juror Fees ( 6,250) 311-05-00-3295 Court Reporter Services ( 3,438) 311-05-00-3297 Court Transcripts ( 1,125) 311-05-00-3777 Visiting Judge ( 10,938) 311-05-00-3380 Grant Match 31,573 $ 9,274 Total $ -0- GRANT FUND REVENUE 3-XXXXX- 311-05-00-2185 Grant Revenue $126,293 EXPENDITURES 4-XXXXX- 311-05-00-1001 Salaries $ 19,558 311-05-00-2070 Fringe Benefits 8,567 311-05-00-3777 Visiting Judge 43,751 311-05-00-3295 Court Reporter Services 13,751 311-05-00-3297 Court Transcripts 4,500 311-05-00-3100 Juror Fees 25,000 311-05-00-4898 Office Supplies 2,000 311-05-00-5998 Misc Capital 3,304 311-05-00-6360 Computer Services-Operations 1,062 311-05-00-6361 Computer Services-Development 4,800 $126,293 Total $ -0- COMPUTER SERVICES FUND REVENUE 3-63600- 181-01-00-2037 Budgeted Operations $ 1,062 181-01-00-2035 Budgeted Development 4,800 $ 5,862 EXPENDITURES 4-63600- 184-01-00-3528 Miscellaneous $ 5,862 Total $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioner Minutes Continued. April 1, 1993 109 REPORT (Misc. #93049) BY: Personnel Committee TO: Finance Committee, John McCulloch, Chairperson IN RE: Circuit Court-1993 Fast Track Drug Adjudication Grant Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on March 24, 1993, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE 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: Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93050 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: CLERK/REGISTER OF DEEDS - 1993 SURVEY AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105, the Oakland County Clerk applied to the Michigan Department of Commerce for $345,786 in grant funds for the calendar year ending December 31, 1993, for monumentation and remonumentation of the Public Land Survey Corners in accordance with the plan approved by Miscellaneous Resolution #92214; and WHEREAS the Department of Commerce has awarded Oakland County a Survey and Remonumentation Grant in the amount of $345,786, which is for the same amount and the same time period as the grant application; and WHEREAS the grant is funded 100% by the State of Michigan, requiring no additional County funding; and WHEREAS it is requested that two (2) special revenue funded positions be created to operate the program: one (1) full-time eligible Title Search Technician and one (1) part-time noneligible (PTNE) Student Engineer; and WHEREAS General Fund revenue will increase by $8,000 reimbursement from the grant to provide overtime and associated fringe benefit costs for the existing Plat Engineer in Register of Deeds to oversee the grant project; and WHEREAS reassignment of office space to accommodate the grant positions results in an increase to the General Fund Contingency account of $1,166; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been reviewed and approved in accordance with the County Executive's Grant Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1993 Survey Remonumentation Grant from the Michigan Department of Commerce in the amount of $345,786 and authorizes the Chairperson of the Board to execute said grant agreement and to approve changes and grant extensions, not to exceed fifteen (15) percent variance from the original award, which are consistent with the original agreement. BE IT FURTHER RESOLVED that two (2) special revenue funded positions, one (1) Title Search Technician and one (1) PTNE Student Engineer, be created in the Register of Deeds Division (#214-01). BE IT FURTHER RESOLVED that continuation of the program, including personnel, be contingent upon the level of state funding for the program. BE IT FURTHER RESOLVED that the 1993 Budget be amended to incorporate the Commissioner Minutes Continued. April 1, 1993 110 grant as follows: GENERAL FUND (10100) Revenue 214-01-00-2531 Reimbursement for Salaries $ 8,000 Subtotal $ 8,000 Expenditures 214-01-00-6310 Building Space Allocation $( 1,166) 214-01-00-1002 Overtime 6,294 214-01-00-2074 Fringe Benefits 1,706 909-01-00-9900 Contingency 1,166 Subtotal $ 8,000 Total $ 0 GRANT FUND (27202) Revenue 214-01-00-2185 Grant Revenue $ 345,786 Subtotal $ 345,786 Expenditures 214-01-00-1001 Salaries $ 28,914 214-01-00-1002 Overtime 7,868 214-01-00-1099 Reimbursement-Salaries 6,294 214-01-00-2074 Fringe Benefits 11,593 214-01-00-2099 Reimbursement-Fringes 1,706 214-01-00-3072 Fees & Mileage 11,250 214-01-00-3340 Equipment Rental 1,200 214-01-00-3347 Expendable Equipment 951 214-01-00-3450 Land Surveys 236,472 214-01-00-4842 Engineering Supplies 2,000 214-01-00-4886 Material & Supplies 11,180 214-01-00-6310 Building Space Allocation 1,166 214-01-00-6610 Leased Vehicles 3,000 214-01-00-6641 Convenience Copier 1,000 214-01-00-9993 Computer Equipment 20,000 214-01-00-9998 Capital Outlay 1,192 Subtotal $ 345,786 Total $ 0 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (Misc. #93050) BY: Personnel Committee, Marilynn Gosling, Chairperson TO: Finance Committee, John McCulloch, Chairperson IN RE: Clerk/Register of Deeds-1993 Survey and Remonumentation Grant Acceptance Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on March 24, 1993, reports with the recommendation that the resolution be adopted with the following amendment: Delete the 2nd BE IT FURTHER RESOLVED paragraph and replace it with BE IT FURTHER RESOLVED that continuation of this program, including personnel, be contingent upon sufficient grant funding being continued to cover the costs of the program. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE Moved by McCulloch supported by Miltner the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by McCulloch supported by Miltner the resolution be adopted. AYES: Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Commissioner Minutes Continued. April 1, 1993 111 Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93051 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: PUBLIC WORKS/FACILITIES ENGINEERING DIVISION - AWARD OF CONTRACT FOR CHILDREN'S VILLAGE AIR CONDITIONING PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #92077 the Board of Commissioners authorized the County Executive's Facilities Engineering Division to receive bids for the air conditioning of Children's Village Buildings 'B', 'C', 'D', and 'G'; and WHEREAS in accordance with bidding procedures, bids for the installation of the above mentioned project were received and opened on February 25, 1993; and WHEREAS the County Executive's Department of Public Works has reviewed all bids submitted and recommends that the lowest responsible bidder, Stellar Building & Development, Inc. of Hazel Park, Michigan, be awarded a contract in the amount of $137,700; and WHEREAS the total project cost is estimated to be $154,000; and WHEREAS funding of $130,000 is available in the 1993 Capital Improvement Program - Building Section for this project and the remainder of $24,000 is available in the Miscellaneous Remodeling portion of the Capital Improvement Program - Building Section. NOW THEREFORE BE IT RESOLVED as follows: 1) The Board of Commissioners authorizes the transfer of $154,000 from the 1993 Capital Improvement Program - Building Fund #40100 to the Project Work Order Fund #40400 to establish the Children's Village Air Conditioning Project. 2) The contract proposal of Stellar Building & Development, Inc. of Hazel Park, Michigan in the amount of $137,700 be accepted and the contract awarded in concurrence with Planning and Building Committee recommendations. 3) Funds be provided in the amount of $16,300 to cover the remaining project costs including Contingency. 4) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with Stellar Building & Development, Inc. of Hazel Park, Michigan on behalf of the County of Oakland. 5) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the selected vendor of this award, in writing, no later than 10 days after adoption of this resolution. The award will not be effective until the selected vendor has been notified. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (Misc. #93051) BY: Planning & Building Committee, Charles Palmer, Chairperson TO: Finance Committee, John McCulloch, Chairperson IN RE: Award of Contract-Children's Village Air Conditioning Buildings B, C, D and G (Project 92-4): Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the summary of bids for the above referenced project on March 9, 1993, reports with the recommendation that the contract be awarded to Stellar Building & Development, Inc. in the amount of $137,700.00, for a total project cost of $154,000.00. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by McCulloch supported by Oaks the Planning and Building Committee Report be accepted. Commissioner Minutes Continued. April 1, 1993 112 A sufficient majority having voted therefor, the report was accepted. Moved by McCulloch supported by Oaks the resolution be adopted. AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93052 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: PUBLIC WORKS/FACILITIES ENGINEERING DIVISION - AWARD OF CONTRACT FOR CHILDREN'S VILLAGE SECURITY IMPROVEMENTS PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #92250 the Board of Commissioners authorized the County Executive's Facilities Engineering Division to receive bids for Children's Village security improvements; and WHEREAS in accordance with bidding procedures, bids for the installation of this project were received and opened on March 4, 1993; and WHEREAS the County Executive's Department of Public Works has reviewed all bids submitted and recommends that the lowest responsible bidder, Matika Electrical & Construction Company, Inc., of Hazel Park, Michigan, be awarded a contract in the amount of $265,930; and WHEREAS the total project cost is estimated to be $308,000; and WHEREAS funding is available in the 1993 Capital Improvement Program - Utilities Section for this project. NOW THEREFORE BE IT RESOLVED as follows: 1) The Board of Commissioners authorizes the transfer of $308,000 from the 1993 Capital Improvement Program - Utilities Fund #40200 to the Project Work Order Fund #40400 to establish the Children's Village Security Improvements Project. 2) The contract proposal of Matika Electrical & Construction Co., Inc. of Hazel Park, Michigan in the amount of $265,930 be accepted and the contract awarded in concurrence with Planning and Building Committee recommendations. 3) Funds be provided in the amount of $42,070 to cover the remaining project costs including Contingency. 4) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with Matika Electrical & Construction Company, Inc., of Hazel Park, Michigan on behalf of the County of Oakland. 5) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the selected vendor of this award, in writing, no later than 10 days after adoption of this resolution. The award will not be effective until the selected vendor has been notified. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (Misc. #93052) BY: Planning & Building Committee, Charles Palmer, Chairperson TO: Finance Committee, John McCulloch, Chairperson IN RE: Award of Contract - Children's Village Security Upgrade (Project 92-14) Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the summary of bids received for the above referenced project on March 23, 1993, reports with the recommendation that the contract be awarded to Matika Electrical & Construction Company, Inc. in the amount of $265,930., for a total project cost of $308,000. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by McCulloch supported by Palmer the Planning and Building Commissioner Minutes Continued. April 1, 1993 113 Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by McCulloch supported by Palmer the resolution be adopted. AYES: Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93053 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: COMMUNITY DEVELOPMENT DIVISION - 1993 EMERGENCY SHELTER GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland in accordance with Miscellaneous Resolution #89105 filed application for Emergency Shelter Grant funds in the amount of $52,000 for the period July 1, 1993 through June 30, 1994; and WHEREAS the U.S. Department of Housing and Urban Development has awarded Oakland County grant funding in the amount of $52,000 for the 1993 fiscal year, the same amount as the application, which is detailed in the attached schedule; and WHEREAS this grant is 100% federally funded and no County funds are required; and WHEREAS the attached grant agreement has been reviewed and approved in accordance with the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1993 Emergency Shelter Grant award in the amount of $52,000 and the Chairperson of the Oakland County Board of Commissioners is authorized to execute this grant agreement. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to approve minor changes and contract extension, not to exceed fifteen (15) percent variance, which are consistent with the grant agreement as approved. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by McCulloch supported by Kaczmar the resolution be adopted. AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93054 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: RISK MANAGEMENT - EXTENSION #2 OF THE CONTRACT WITH SEDGWICK JAMES OF MICHIGAN FOR WORKERS' COMPENSATION ADMINISTRATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #92266 approved a contract extension with Sedgwick James of Michigan for workers' compensation and loss control support services for a period up to three months payable on a monthly basis; and WHEREAS Risk Management in conjunction with Management and Budget and Program Evaluation, was authorized to seek bids for the above-mentioned services; and WHEREAS the contract extension period expires March 31, 1993. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves Extension #2 of the contract with Sedwick James of Michigan for workers' compensation and loss control support services for a Commissioner Minutes Continued. April 1, 1993 114 period not to exceed 60 days at the current rate, payable on a monthly basis. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by McCulloch supported by Law the resolution be adopted. AYES: Jensen, Johnson, Kaczmar, Law, McCulloch, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon. (21) 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 Copy of Memorandum of Agreement on File in County Clerk's Office. FISCAL NOTE (Misc. #93027) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: PERSONNEL DEPARTMENT - 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: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #93027 and finds that sufficient funds exist in the 1993 Budget to cover the cost of the wage re-opener for the 140 governmental funded positions represented by this union, no additional funding is required. FINANCE COMMITTEE Moved by Gosling supported by Kingzett the resolution be adopted. AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93038 BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - 1992-1994 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION To the Oakland County Board of Commissioners Commissioner Minutes Continued. April 1, 1993 115 Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff's Department, the County of Oakland and the Oakland County Deputy Sheriff's Association have been negotiating a contract covering approximately 513 deputized and non-deputized employees of the Oakland County Sheriff's Department; and WHEREAS a three (3) year agreement has been reached for the period January 1, 1992 through December 31, 1994 and said agreement has been reduced to writing; and WHEREAS said collective bargaining agreement includes provisions providing for an Internal Revenue Code Section 414(h)(2) employer contributions pick-up arrangement to be effective April 3, 1993; and WHEREAS the agreement has been reviewed by your Personnel Committee which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the proposed agreement between the Oakland County Sheriff's Department, the County of Oakland and the Oakland County Deputy Sheriff's Association, covering the aforesaid period and Internal Revenue Code Section 414(h)(2) pick-up arrangement effective April 3, 1993, be and the same is hereby approved; and that the Chairperson of this Board, on behalf of the County of Oakland be and is hereby authorized to execute said agreement, a copy of which is attached hereto. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of proposed agreement on file in County Clerk's Office. FISCAL NOTE (Misc. #93038) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: PERSONNEL DEPARTMENT - 1992-1994 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF'S 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 #93038 and finds: 1) This contract covers 503 general fund and 10 special revenue fund positions. 2) The annual wage increase over the previous year are 4.5% for 1992; 3.0% for 1993; 3.0% for 1994. The 1992 wage increase was accounted for and charged against 1992 operations. The 1993 wage increase was included in the 1993 Adopted Budget. The 1994 wage increase will be incorporated in the 1994-1995 Biennial Budget. No budget adjustments are necessary. 3) The contract includes a $500 annual bonus for Sheriff Communication Agents & Communications Shift Leaders which covers 28 positions effective January 1, 1992. The total annual cost increase is $14,000. 4) The clothing allowance increases from $275 to $375 for 25 plain clothes officers effective January 1, 1993. The annual cost increase is $2,500. 5) The contract provides that in place of three (3) paid holidays, the covered employees will receive five (5) additional personal days. If these days are not taken, the employees will be paid for days not used in December. The Sheriff's Department has indicated that the fill in for these positions will not be on an overtime basis. The potential cost savings from this change should be sufficient to cover the increases from item 3 & 4 above. 6) Adjustments to the Retirement program for 1993 are projected to increase costs by 2.12% of salary of which the employees will contribute 1.5% of covered pay. Adjustments to the Retirement program for 1994 are projected to increase costs by 3.54% of covered pay of which the employees will contribute 3%. Adjustments for the fringe benefit rates for the retirement system will be included in the 1994-1995 Biennial Budget. 7) The Finance Committee finds that no budget adjustments for this contract settlement are necessary at this time. FINANCE COMMITTEE Moved by Gosling supported by Huntoon the resolution be adopted. Commissioner Minutes Continued. April 1, 1993 116 Discussion followed. Moved by Obrecht supported by McPherson the resolution be referred back to Committee. AYES: Kaczmar, Kingzett, McPherson, Oaks, Pernick, Aaron. (6) NAYS: Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer, Powers, Price, Schmid, Taub, Wolf, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (18) A sufficient majority not having voted therefor, the motion failed. Discussion followed. Vote on resolution: AYES: Kingzett, Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer, Powers, Price, Schmid, Taub, Wolf, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (19) NAYS: McPherson, Oaks, Pernick, Aaron, Kaczmar. (5) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93039 BY: Planning & Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - EDWARDS RELIEF DRAINS REFUNDING BONDS, SERIES 1993 -FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Edwards Relief Drains Drainage District previously has issued its Drain Bonds in the principal amount of $7,000,000 and this Board of Commissioners pledged the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on said Drain Bonds; and WHEREAS the Drainage Board for the Edwards Relief Drains, by resolution adopted on February 23, 1993, authorized and provided for the issuance of refunding bonds in the aggregate principal amount of not to exceed $4,500,000 to refund certain of the aforesaid Drain Bonds; and WHEREAS the bonds are to be designated Refunding Bonds, Series 1993, are to be dated as of such date as the Drainage Board shall determine at the time of sale; shall be in such principal amount and mature on such dates as shall be determined by the Drainage Board at the time of sale; will bear interest at a rate or rates not exceeding 8% and will be subject to redemption prior to maturity in accordance with the provisions of the sale resolution; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County for the payment of the Refunding Bonds, Series 1993; and WHEREAS it is appropriate that the Refunding Bonds, Series 1993 be sold in order to achieve debt service savings for the Township of West Bloomfield and the County of Oakland. NOW THEREFORE BE IT RESOLVED: l. That pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County of Oakland hereby pledges irrevocably the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the Edwards Relief Drains Drainage District Refunding Bonds, Series 1993 and agrees that, in the event any public corporation assessed shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 2. That in the event that, pursuant to said pledge of full faith and credit, the County of Oakland advances out of County funds all or any part of an installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioner Minutes Continued. April 1, 1993 117 FISCAL NOTE (Misc. #93039) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - EDWARDS RELIEF DRAINS REFUNDING BONDS, SERIES 1993 -FULL FAITH AND CREDIT RESOLUTION 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 #93039 and finds: 1) The resolution authorizes the issuance of refunding bonds with the County pledging its full faith and credit as the secondary obligator. 2) The aggregate principal amount is not to exceed $4,500,000 at an interest rate not to exceed 8%. 3) The previous bonds were issued with a principal amount of $7,000,000 at an average net interest rate of 7.25%. 4) The statutory limit for County debt is $2,814,075,876 (10% of 1992 State Equalized Value). As of February 28, 1993, the outstanding debt is $352,559,474.84 or approximately 1.3% of the S.E.V. This refunding will not increase the amount of outstanding debt. 5) The county General Fund non-departmental account, Road Commission - Drain Assessments will realize a savings of approximately $53,940 over the next eleven years. FINANCE COMMITTEE Moved by Palmer supported by Moffitt the resolution be adopted. AYES: Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93040 BY: Planning & Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF NOT TO EXCEED $3,300,000 OAKLAND COUNTY REFUNDING BONDS, SERIES 1993-A (FARMINGTON TOWNSHIP WATER) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, the Township of Farmington (which, subsequent to the execution of the contract, has incorporated as the City of Farmington Hills and hereinafter is referred to as the "City") and the County of Oakland (the "County") have entered into the Agreement Oakland County Water Supply System For Farmington Township System "A", Industrial Section One, and Northwest Section, dated as of February 1, 1973 and certain revisions to the contract (said contract as revised hereinafter referred to as the "Contract"); and WHEREAS pursuant to the Contract the County has issued its Oakland County Water Supply Bonds - Farmington Township System, Series 1974 dated as of November 1, 1974 (the "Prior Bonds") in the original principal amount of $4,550,000 to defray the cost of the Oakland County Water Supply System For Farmington Township System "A", Industrial Section One and Northwest Section; and WHEREAS the Prior Bonds were issued in anticipation of payments to be made to the County by the City pursuant to the Contract; and WHEREAS the Prior Bonds remain outstanding in the aggregate principal amount of $3,125,000, mature in various principal amounts on May 1 in the years 1993 through 2004 and bear interest at rates per annum which vary from 7.50% to 7.90%; and WHEREAS Chapter VI of Act No. 202, Public Acts of Michigan, 1943, as amended ("Act 202") authorizes the County to refund all or any part of its funded indebtedness; and WHEREAS the County Drain Commissioner as County Agency, (the "County Agency") has recommended that this resolution be adopted in order to effect the refunding of the Prior Bonds maturing in the years 1994 through 2004, and this Commissioner Minutes Continued. April 1, 1993 118 Board of Commissioners has determined that it is in the best interest of the City and the County that such refunding be undertaken. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND: 1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County of Oakland, aggregating the principal sum of not to exceed Three Million Three Hundred Thousand Dollars ($3,300,000) (the "Refunding Bonds") shall be issued and sold pursuant to the provisions of Act 202, and other applicable statutory provisions, for the purpose of refunding the Prior Bonds maturing in the years 1994 through 2004. 2. BOND DETAILS. The Refunding Bonds shall be designated "Oakland County Refunding Bonds, Series 1993-A (Farmington Township Water)"; shall be dated as of such date as shall be approved by the County Agency at the time of sale; 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 such dates as shall be determined by the County Agency at the time of sale; and shall mature on such dates and in such years as shall be determined by the County Agency at the time of sale. 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the Refunding Bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the Refunding 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 fifteenth 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. The Refunding Bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency at the time of sale. 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 Refunding 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 from time to time as required may designate a similarly qualified successor bond registrar and paying agent. 6. EXECUTION, AUTHENTICATION AND DELIVERY OF_BONDS. The Refunding 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 Refunding Bonds. After the Refunding 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 Refunding 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 the Refunding Bonds. The bond registrar and paying agent shall indicate on each Refunding Bond the date of its authentication. 7. EXCHANGE AND TRANSFER OF BONDS. Any Refunding 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 Refunding 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 Refunding Bond. Each Refunding 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 Refunding 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. Commissioner Minutes Continued. April 1, 1993 119 Upon the exchange or transfer of any Refunding Bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered Refunding Bond and shall authenticate and deliver to the transferee a new Refunding 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 Refunding Bond. If, at the time the bond registrar and paying agent authenticates and delivers a new Refunding Bond pursuant to this section, payment of interest on the Refunding Bonds is in default, the bond registrar and paying agent shall endorse upon the new Refunding 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 Refunding Bond shall be registered upon the books of the County as the absolute owner of such Refunding Bond, whether such Refunding Bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such Refunding 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 Refunding 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 Refunding 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 Refunding Bonds or portions of Refunding Bonds which have been selected for redemption. 8. FORM OF BONDS. The Refunding Bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY REFUNDING BOND, SERIES 1993-A (FARMINGTON TOWNSHIP WATER) INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP 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 ________________________________________________________ the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolution, 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 ___________, 1993 or such later date through which interest has 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 _______ and _______ in each year, commencing on ___________, 19__. 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 ______________________ Thousand Dollars ($_________) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 202, Public Acts of 1943, as amended) and a Commissioner Minutes Continued. April 1, 1993 120 resolution adopted by the Board of Commissioners of the County (the "Resolution") for the purpose of refunding all of the outstanding Oakland County Water Supply Bonds - Farmington Township System, Series 1974. The bonds of this series are issued in anticipation of, and the principal of and interest on the bonds are payable from, moneys to be received by the County from the City of Farmington Hills (formerly the Township of Farmington) in payment of its obligations under a certain contract dated February 1, 1973 between the County and the Township of Farmington. The full faith and credit of the City of Farmington Hills have been pledged for the making of such payments. As additional security for the payment of the principal of and interest on the bonds of this series the full faith and credit of the County are hereby pledged. Taxes imposed by the City of Farmington Hills and the County are not subject to limitation as to rate or amount. 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 ______________, ______, are not subject to redemption prior to maturity. Bonds maturing on and after __________________, __________, 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 _____________, __________. Bonds of a denomination greater than $5,000 may be redeemed in part in amounts 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: % of the par value if called for redemption on or after _______ ___, _________, but prior to ______ ____, _________; % of the par value if called for redemption on or after _______ ___, _________, but prior to ______ ____, _________; % of the par value if called for redemption on or after _______ ___, _________, but prior to ______ ____, _________. Not less than thirty days notice of redemption shall be given to the registered owners of bonds called to be redeemed by mail to each registered owner at the registered address. Bonds or portions of bonds called for redemption shall not bear interest on and 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 the 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 Commissioner Minutes Continued. April 1, 1993 121 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 the books kept for registration thereof, with full power of substitution in the premises. Dated:__________________ ______________________________ Signature Guaranteed: ______________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. 9. SECURITY. The Refunding Bonds shall be issued in anticipation of payments to be made by the City pursuant to the Contract. The Refunding Bonds shall be secured primarily by the full faith and credit pledge made by the City in the Contract. As additional and secondary security, the full faith and credit of the County are hereby pledged for the prompt payment of the principal of and interest on the Refunding Bonds as the same shall become due. If the City shall fail to make its payments to the County which are sufficient to pay the principal of and interest on the Refunding Bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. 10. PRINCIPAL AND INTEREST FUND. There has been established for the Prior Bonds a Principal and Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of the Refunding Bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchasers at the time of delivery of the same. All payments received from the City pursuant to the Contract are pledged for the payment of the principal of and interest on the Refunding Bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. The County Treasurer shall transfer moneys in the Principal and Interest Fund to the bond registrar and paying agent for the Refunding Bonds as necessary for the payment of the principal of and interest on the Refunding Bonds. 11. 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 all or any portion of the Refunding Bonds, shall have been deposited in trust, this Bond Resolution shall be defeased with respect to such bonds, and the owners of those Refunding Bonds Commissioner Minutes Continued. April 1, 1993 122 shall have no further rights under this Bond Resolution except to receive payment of the principal of, premium, if any, and interest on such Refunding Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange the Refunding Bonds as provided herein. 12. PAYMENT OF ISSUANCE EXPENSES - ESCROW FUND. The remainder of the proceeds of the Refunding Bonds shall be used to pay the issuance expenses of the Refunding Bonds and to establish an escrow fund for the Prior Bonds maturing in the years 1994 through 2004. After the issuance expenses have been paid or provided for the remaining proceeds shall be used to establish an escrow fund (the "Escrow Fund") consisting of cash and investments in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing and used to pay the principal of, interest on and redemption premiums on the Prior Bonds maturing in the years 1994 through 2004. The Escrow Fund shall be held by a trustee (the "Trustee") in trust pursuant to an escrow agreement (the "Escrow Agreement") which irrevocably shall direct the Trustee to take all necessary steps to call the Prior Bonds maturing in the years 1994 through 2004 for redemption at such time as shall be determined in the Escrow Agreement. The County Treasurer is authorized to select the Trustee and enter into the Escrow Agreement on behalf of the County. The amounts held in the Escrow Fund shall be such that the cash and the investments and the income received thereon will be sufficient without reinvestment to pay the principal of, interest on and redemption premiums on the Prior Bonds maturing in the years 1994 through 2004 when due at maturity or call for redemption as required by the Escrow Agreement. 13. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the Refunding Bonds shall be subject to permission being granted therefor by the Department of Treasury of the State of Michigan and the County Agency hereby is authorized and directed to make application to the Department of Treasury for permission to issue and sell the Refunding Bonds as provided by the terms of this resolution. 14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency is authorized to determine the principal amount of the Refunding Bonds to be sold and to prescribe the form of the notice of sale for the Refunding Bonds. The County Agency is authorized to sell the Refunding Bonds 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 Refunding Bonds in accordance with the provisions of this resolution. 15. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured Refunding 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 County Treasurer, the County Treasurer may authorize the bond registrar and paying agent to deliver a new executed Refunding Bond to replace the Refunding Bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the bond registrar and paying agent to pay the Refunding Bond without presentation upon the receipt of the same documentation required for the delivery of a replacement Refunding Bond. The bond registrar and paying agent, for each new Refunding 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 Refunding Bond delivered pursuant the provisions of this Section 15 in lieu of any Refunding Bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the Refunding Bond in substitution for which such Refunding Bond was delivered. 16. TAX COVENANT. The County covenants to comply with all applicable requirements of the Internal Revenue Code of 1986, as amended necessary to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. The County Agency, the County Treasurer and other appropriate County officials are authorized to do all things necessary (including the making of such covenants of the County as shall be appropriate) to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. 17. OFFICIAL STATEMENT. The County Agency is authorized to cause the Commissioner Minutes Continued. April 1, 1993 123 preparation of an official statement for the Refunding Bonds for purpose of enabling 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 enable compliance with the Rule. After the award of the Refunding 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 purchasers to enable the purchasers to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 18. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (Misc. #93040) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF NOT TO EXCEED $3,300,000 OAKLAND COUNTY REFUNDING BONDS, SERIES 1993-A (FARMINGTON TOWNSHIP WATER) 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 #93040 and finds: 1) The resolution authorizes the issuance of refunding bonds with the County pledging its full faith and credit as the secondary obligator. 2) The amount of refunding is being reduced from an estimate of $3,300,000 to $2,450,000 due to reserves available for the City of Farmington Hills. 3) The aggregate principal amount is not to exceed $2,450,000 at an interest rate not to exceed 8%. 4) The previous bonds were issued with a principal amount of $4,550,000 at an average net interest rate of 7.777%. 5) The statutory limit for County debt is $2,814,075,876 (10% of 1992 State Equalized Value). As of February 28, 1993, the outstanding debt is $352,559,474.84 or approximately 1.3% of the S.E.V. This refunding will not increase the amount of outstanding debt. 6) No financial impact to county funds is anticipated. FINANCE COMMITTEE Moved by Palmer supported by Aaron the resolution be adopted. AYES: McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #93041 BY: Planning & Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - PONTIAC-CLINTON RIVER DRAIN NO. 3 REFUNDING BONDS, SERIES 1993 - FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Pontiac-Clinton River Drainage District No. 3 previously has issued its Drain Bonds in the principal amount of $11,900,000 and this Board of Commissioners pledged the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on said Drain Bonds; and WHEREAS the Drainage Board for the Pontiac-Clinton River Drain No. 3, by resolution adopted on February 23, 1993, authorized and provided for the issuance of refunding bonds in the aggregate principal amount of not to exceed Commissioner Minutes Continued. April 1, 1993 124 $7,750,000 to refund certain of the aforesaid Drain Bonds; and WHEREAS the bonds are to be designated Refunding Bonds, Series 1993, are to be dated as of such date as the Drainage Board shall determine at the time of sale; shall be in such principal amount and mature on such dates as shall be determined by the Drainage Board at the time of sale; will bear interest at a rate or rates not exceeding 8% and will be subject to redemption prior to maturity in accordance with the provisions of the sale resolution; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County for the payment of the Refunding Bonds, Series 1993; and WHEREAS it is appropriate that the Refunding Bonds, Series 1993 be sold in order to achieve debt service savings for the City of Pontiac. NOW THEREFORE BE IT RESOLVED: B. That pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County of Oakland hereby pledges irrevocably the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the Pontiac- Clinton River Drainage District No. 3 Refunding Bonds, Series 1993 and agrees that, in the event the City of Pontiac shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 1. That in the event that, pursuant to said pledge of full faith and credit, the County of Oakland advances out of County funds all or any part of an installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (Misc. #93041) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - PONTIAC-CLINTON RIVER DRAIN NO. 3 REFUNDING BONDS, SERIES 1993 - FULL FAITH AND CREDIT RESOLUTION 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 #93041 and finds: 1) The resolution authorizes the issuance of refunding bonds with the County pledging its full faith and credit as the secondary obligator. 2) The aggregate principal amount is not to exceed $7,750,000 at an interest rate not to exceed 8%. 3) The previous bonds were issued with a principal amount of $11,900,000 at an average net interest rate of 7.524%. 4) The statutory limit for County debt is $2,814,075,876 (10% of 1992 State Equalized Value). As of February 28, 1993, the outstanding debt is $352,559,474.84 or approximately 1.3% of the S.E.V. This refunding will not increase the amount of outstanding debt. 5) No financial impact to county funds is anticipated. FINANCE COMMITTEE Moved by Palmer supported by McCulloch the resolution be adopted. AYES: McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93042 BY: Planning & Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF NOT TO Commissioner Minutes Continued. April 1, 1993 125 EXCEED $2,700,000 OAKLAND COUNTY REFUNDING BONDS, SERIES 1993-C (PAINT CREEK INTERCEPTOR) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, the Townships of Oxford, Orion, Avon (now the City of Rochester Hills) and Oakland and the Villages of Oxford and Lake Orion (hereinafter referred to as the "Municipalities") and the County of Oakland (the "County") have entered into the Clinton-Oakland Sewage Disposal System Paint Creek Interceptor Contract dated as of January 15, 1969 (said contract as revised hereinafter referred to as the "Contract"); and WHEREAS pursuant to the Contract the County has issued its Oakland County Sewage Disposal Bonds - Clinton-Oakland System Paint Creek Interceptor dated as of November 1, 1970 (the "Prior Bonds") in the original principal amount of $5,340,000 to defray the cost of the Clinton-Oakland System Sewage Disposal System Paint Creek Interceptor to serve the Municipalities; and WHEREAS the Prior Bonds were issued in anticipation of payments to be made to the County by the Municipalities pursuant to the Contract; and WHEREAS the Prior Bonds remain outstanding in the aggregate principal amount of $2,600,000, mature in various principal amounts on May 1 in the years 1993 through 2003 and bear interest at rates per annum which vary from 6.70% to 7.00%; and WHEREAS Chapter VI of Act No. 202, Public Acts of Michigan, 1943, as amended ("Act 202") authorizes the County to refund all or any part of its funded indebtedness; and WHEREAS the County Drain Commissioner as County Agency, (the "County Agency") has recommended that this resolution be adopted in order to effect the refunding of the Prior Bonds maturing in the years 1994 through 2003, and this Board of Commissioners has determined that it is in the best interest of the Municipalities and the County that such refunding be undertaken. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND: 1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County of Oakland, aggregating the principal sum of not to exceed Two Million Seven Hundred Thousand Dollars ($2,700,000) (the "Refunding Bonds") shall be issued and sold pursuant to the provisions of Act 202, and other applicable statutory provisions, for the purpose of refunding the Prior Bonds maturing in the years 1994 through 2003. 2 BOND DETAILS. The Refunding Bonds shall be designated "Oakland County Refunding Bonds, Series 1993-C (Paint Creek Interceptor)"; shall be dated as of such date as shall be approved by the County Agency at the time of sale; 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 such dates as shall be determined by the County Agency at the time of sale; and shall mature on such dates and in such years as shall be determined by the County Agency at the time of sale. 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the Refunding Bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the Refunding 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 fifteenth 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. The Refunding Bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency at the time of sale. 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 Refunding 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 from time to time as required may designate a similarly qualified successor Commissioner Minutes Continued. April 1, 1993 126 bond registrar and paying agent. 6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The Refunding 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 Refunding Bonds. After the Refunding 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 Refunding 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 the Refunding Bonds. The bond registrar and paying agent shall indicate on each Refunding Bond the date of its authentication. 7. EXCHANGE AND TRANSFER OF BONDS. Any Refunding 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 Refunding 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 Refunding Bond. Each Refunding 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 Refunding 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 Refunding Bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered Refunding Bond and shall authenticate and deliver to the transferee a new Refunding 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 Refunding Bond. If, at the time the bond registrar and paying agent authenticates and delivers a new Refunding Bond pursuant to this section, payment of interest on the Refunding Bonds is in default, the bond registrar and paying agent shall endorse upon the new Refunding 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 Refunding Bond shall be registered upon the books of the County as the absolute owner of such Refunding Bond, whether such Refunding Bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such Refunding 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 Refunding 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 Refunding 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 Refunding Bonds or portions of Refunding Bonds which have been selected for redemption. 8. FORM OF BONDS. The Refunding Bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY REFUNDING BOND, SERIES 1993-C Commissioner Minutes Continued. April 1, 1993 127 (PAINT CREEK INTERCEPTOR) INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP 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 ___________________________________________ the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolution, 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 ___________, 1993 or such later date through which interest has 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 _______ and _______ in each year, commencing on ___________, 19__. 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 ______________________ Thousand Dollars ($_________) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 202, Public Acts of 1943, as amended) and a resolution adopted by the Board of Commissioners of the County (the "Resolution") for the purpose of refunding all of the outstanding Oakland County Sewage Disposal Bonds - Clinton-Oakland System - Paint Creek Interceptor. The bonds of this series are issued in anticipation of, and the principal of and interest on the bonds are payable from, moneys to be received by the County from the Townships of Oxford, Orion and Oakland, the Villages of Oxford and Lake Orion, and the City of Rochester Hills (formerly the Township of Avon) (the "Municipalities") in payment of their respective obligations under a certain contract dated January 15, 1969 among the County and the Municipalities. The full faith and credit of each Municipality have been pledged for the making of its share of such payments. As additional security for the payment of the principal of and interest on the bonds of this series the full faith and credit of the County are hereby pledged. Taxes imposed by the Municipalities and the County are not subject to limitation as to rate or amount. 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 ______________, ______, are not subject to redemption prior to maturity. Bonds maturing on and after __________________, __________, 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 _____________, __________. Bonds of a denomination greater than $5,000 may be redeemed in part in amounts 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 Commissioner Minutes Continued. April 1, 1993 128 fixed for redemption and a premium as follows: % of the par value if called for redemption on or after _______ ___, _____, but prior to ______ ___, ____; % of the par value if called for redemption on or after _______ ___, _____, but prior to ______ ___, ____; % of the par value if called for redemption on or after _______ ___, _____, but prior to ______ ___, ____. Not less than thirty days notice of redemption shall be given to the registered owners of bonds called to be redeemed by mail to each registered owner at the registered address. Bonds or portions of bonds called for redemption shall not bear interest on and 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 the 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 the books kept for registration thereof, with full power of substitution in the premises. Dated:__________________ ______________________________ Signature Guaranteed: ______________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. 9. SECURITY. The Refunding Bonds shall be issued in anticipation of payments to be made by the Municipalities pursuant to the Contract. The Commissioner Minutes Continued. April 1, 1993 129 Refunding Bonds shall be secured primarily by the full faith and credit pledges made by the Municipalities in the Contract. As additional and secondary security, the full faith and credit of the County are hereby pledged for the prompt payment of the principal of and interest on the Refunding Bonds as the same shall become due. If a Municipality shall fail to make its payments to the County in amounts which are sufficient to pay its share of the principal of and interest on the Refunding Bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. 10. PRINCIPAL AND INTEREST FUND. There has been established for the Prior Bonds a Principal and Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of the Refunding Bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchasers at the time of delivery of the same. All payments received from the Municipalities pursuant to the Contract are pledged for the payment of the principal of and interest on the Refunding Bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. The County Treasurer shall transfer moneys in the Principal and Interest Fund to the bond registrar and paying agent for the Refunding Bonds as necessary for the payment of the principal of and interest on the Refunding Bonds. 11. 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 all or any portion of the Refunding Bonds, shall have been deposited in trust, this Bond Resolution shall be defeased with respect to such Refunding Bonds, and by the owners of those Refunding 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 Refunding Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange the Refunding Bonds as provided herein. 12. PAYMENT OF ISSUANCE EXPENSES - ESCROW FUND. The remainder of the proceeds of the Refunding Bonds shall be used to pay the issuance expenses of the Refunding Bonds and to establish an escrow fund for the Prior Bonds maturing in the years 1994 through 2003. After the issuance expenses have been paid or provided for the remaining proceeds shall be used to establish an escrow fund (the "Escrow Fund") consisting of cash and investments in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing and used to pay the principal of, interest on and redemption premiums on the Prior Bonds maturing in the years 1994 through 2003. The Escrow Fund shall be held by a trustee (the "Trustee") in trust pursuant to an escrow agreement (the "Escrow Agreement") which irrevocably shall direct the Trustee to take all necessary steps to call the Prior Bonds maturing in the years 1994 through 2003 for redemption at such time as shall be determined in the Escrow Agreement. The County Treasurer is authorized to select the Trustee and enter into the Escrow Agreement on behalf of the County. The amounts held in the Escrow Fund shall be such that the cash and the investments and the income received thereon will be sufficient without reinvestment to pay the principal of, interest on and redemption premiums on the Prior Bonds maturing in the years 1994 through 2003 when due at maturity or call for redemption as required by the Escrow Agreement. 13. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the Refunding Bonds shall be subject to permission being granted therefor by the Department of Treasury of the State of Michigan and the County Agency hereby is authorized and directed to make application to the Department of Treasury for permission to issue and sell the Refunding Bonds as provided by the terms of this resolution. 14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency is authorized to determine the principal amount of the Refunding Bonds to be sold and to prescribe the form of the notice of sale for the Refunding Bonds. The County Agency is authorized to sell the Refunding Bonds 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 Refunding Commissioner Minutes Continued. April 1, 1993 130 Bonds in accordance with the provisions of this resolution. 15. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured Refunding 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 County Treasurer, the County Treasurer may authorize the bond registrar and paying agent to deliver a new executed Refunding Bond to replace the Refunding Bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the bond registrar and paying agent to pay the Refunding Bond without presentation upon the receipt of the same documentation required for the delivery of a replacement Refunding Bond. The bond registrar and paying agent, for each new Refunding 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 Refunding Bond delivered pursuant the provisions of this Section 15 in lieu of any Refunding Bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the Refunding Bond in substitution for which such Refunding Bond was delivered. 16. TAX COVENANT. The County covenants to comply with all applicable requirements of the Internal Revenue Code of 1986, as amended necessary to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. The County Agency, the County Treasurer and other appropriate County officials are authorized to do all things necessary (including the making of such covenants of the County as shall be appropriate) to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. 17. OFFICIAL STATEMENT. The County Agency is authorized to cause the preparation of an official statement for the Refunding Bonds for purpose of enabling 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 enable compliance with the Rule. After the award of the Refunding 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 purchasers to enable the purchasers to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 18. CONFLICTING RESOLUTIONS. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (Misc. #93042) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF NOT TO EXCEED $ 2,700,000 OAKLAND COUNTY REFUNDING BONDS, SERIES 1993-C (PAINT CREEK INTERCEPTOR) 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 #93042 and finds: 1) The resolution authorizes the issuance of refunding bonds with the County pledging its full faith and credit as the secondary obligator. 2) The amount of refunding is being reduced from an estimate of $2,700,000 to $1,635,000 due to reserves available for the Village of Oxford, Village of Lake Orion, the City of Rochester Hills, Orion Township, Oxford Township and Oakland Township. 3) The aggregate principal amount is not to exceed $1,635,000 at an interest rate not to exceed 8%. 4) The previous bonds were issued with a principal amount of $5,340,000 at an average net interest rate of 6.76%. 5) The statutory limit for County debt is $2,814,075,876 (10% of 1992 State Equalized Value). As of February 28, 1993, the outstanding debt is $352,559,474.84 or approximately 1.3% of the S.E.V. This Commissioner Minutes Continued. April 1, 1993 131 refunding will not increase the amount of outstanding debt. 6) No financial impact to county funds is anticipated. FINANCE COMMITTEE Moved by Palmer supported by Jensen the resolution be adopted. AYES: Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93043 BY: Planning & Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF NOT TO EXCEED $4,000,000 OAKLAND COUNTY REFUNDING BONDS, SERIES 1993-B (PONTIAC TOWNSHIP EXTENSIONS) TO the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, the Township of Pontiac (which, subsequent to the execution of the contract, has incorporated as the City of Auburn Hills and hereinafter is referred to as the "City") and the County of Oakland (the "County") have entered into the Contract Clinton-Oakland Sewage Disposal System - Pontiac Township Extensions dated as of May 1, 1970 (said contract as revised hereinafter referred to as the "Contract"); and WHEREAS pursuant to the Contract the County has issued its Oakland County Sewage Disposal Bonds - Clinton-Oakland System, Pontiac Township Extensions dated as of November 1, 1970 (the "Prior Bonds") in the original principal amount of $7,520,000 defray the cost of the Clinton-Oakland Sewage Disposal System - Pontiac Township Extensions; and WHEREAS the Prior Bonds were issued in anticipation of payments to be made to the County by the City pursuant to the Contract; and WHEREAS the Prior Bonds remain outstanding in the aggregate principal amount of $3,975,000, mature in various principal amounts on May 1 in the years 1993 through 2003 and bear interest at rates per annum which vary from 6.70% to 7.00%; and WHEREAS Chapter VI of Act No. 202, Public Acts of Michigan, 1943, as amended ("Act 202") authorizes the County to refund all or any part of its funded indebtedness; and WHEREAS the County Drain Commissioner as County Agency, (the "County Agency") has recommended that this resolution be adopted in order to effect the refunding of the Prior Bonds maturing in the years 1994 through 2003 and this Board of Commissioners has determined that it is in the best interest of the City and the County that such refunding be undertaken. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND: 1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County of Oakland, aggregating the principal sum of not to exceed Four Million Dollars ($4,000,000) (the "Refunding Bonds") shall be issued and sold pursuant to the provisions of Act 202, and other applicable statutory provisions, for the purpose of refunding the Prior Bonds maturing in the years 1994 through 2003. 2. BOND DETAILS. The Refunding Bonds shall be designated "Oakland County Refunding Bonds, Series 1993-B (Pontiac Township Extensions)"; shall be dated as of such date as shall be approved by the County Agency at the time of sale; 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 such dates as shall be determined by the County Agency at the time of sale; and shall mature on such dates and in such years as shall be determined by the County Agency at the time of sale. 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the Refunding Bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the Refunding Bonds to the bond registrar and paying agent as they severally mature. Commissioner Minutes Continued. April 1, 1993 132 Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the fifteenth 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. The Refunding Bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency at the time of sale. 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 Refunding 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 from time to time as required may designate a similarly qualified successor bond registrar and paying agent. 6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The Refunding 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 Refunding Bonds. After the Refunding 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 Refunding 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 the Refunding Bonds. The bond registrar and paying agent shall indicate on each Refunding Bond the date of its authentication. 7. EXCHANGE AND TRANSFER OF BONDS. Any Refunding 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 Refunding 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 Refunding Bond. Each Refunding 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 Refunding 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 Refunding Bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered Refunding Bond and shall authenticate and deliver to the transferee a new Refunding 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 Refunding Bond. If, at the time the bond registrar and paying agent authenticates and delivers a new Refunding Bond pursuant to this section, payment of interest on the Refunding Bonds is in default, the bond registrar and paying agent shall endorse upon the new Refunding 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 Refunding Bond shall be registered upon the books of the County as the absolute owner of such Refunding Bond, whether such Refunding Bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such Refunding 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 Refunding 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. Commissioner Minutes Continued. April 1, 1993 133 For every exchange or transfer of Refunding 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 Refunding Bonds or portions of Refunding Bonds which have been selected for redemption. 8. FORM OF BONDS. The Refunding Bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY REFUNDING BOND, SERIES 1993-B (PONTIAC TOWNSHIP EXTENSIONS) INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP 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 ________________________________________________________ the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolution, 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 ___________, 1993 or such later date through which interest has 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 _______ and _______ in each year, commencing on ___________, 19__. 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 ________________ Thousand Dollars ($_________) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 202, Public Acts of 1943, as amended) and a resolution adopted by the Board of Commissioners of the County (the "Resolution") for the purpose of refunding all of the outstanding Oakland County Sewage Disposal Bonds Clinton-Oakland System, Pontiac Township Extensions, dated November 1, 1970. The bonds of this series are issued in anticipation of, and the principal of and interest on the bonds are payable from, moneys to be received by the County from the City of Auburn Hills (formerly the Township of Pontiac) in payment of its obligations under a certain contract dated May 1, 1970 between the County and the Township of Pontiac. The full faith and credit of the City of Auburn Hills have been pledged for the making of such payments. As additional security for the payment of the principal of and interest on the bonds of this series the full faith and credit of the County are hereby pledged. Taxes imposed by the City of Auburn Hills and the County are not subject to limitation as to rate or amount. 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 Commissioner Minutes Continued. April 1, 1993 134 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 ___________, _____, are not subject to redemption prior to maturity. Bonds maturing on and after ___________, _____, 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 ___________, _____. Bonds of a denomination greater than $5,000 may be redeemed in part in amounts 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: % of the par value if called for redemption on or after _______ ___, _________, but prior to ______ ____, _________; % of the par value if called for redemption on or after _______ ___, _________, but prior to ______ ____, _________; % of the par value if called for redemption on or after _______ ___, _________, but prior to ______ ____, _________. Not less than thirty days notice of redemption shall be given to the registered owners of bonds called to be redeemed by mail to each registered owner at the registered address. Bonds or portions of bonds called for redemption shall not bear interest on and 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 the 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 Commissioner Minutes Continued. April 1, 1993 135 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: ______________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. 9. SECURITY. The Refunding Bonds shall be issued in anticipation of payments to be made by the City pursuant to the Contract. The Refunding Bonds shall be secured primarily by the full faith and credit pledge made by the City in the Contract. As additional and secondary security, the full faith and credit of the County are hereby pledged for the prompt payment of the principal of and interest on the Refunding Bonds as the same shall become due. If the City shall fail to make its payments to the County which are sufficient to pay the principal of and interest on the Refunding Bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. 10. PRINCIPAL AND INTEREST FUND. There has been established for the Prior Bonds a Principal and Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of the Refunding Bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchasers at the time of delivery of the same. All payments received from the City pursuant to the Contract are pledged for the payment of the principal of and interest on the Refunding Bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. The County Treasurer shall transfer moneys in the Principal and Interest Fund to the bond registrar and paying agent for the Refunding Bonds as necessary for the payment of the principal of and interest on the Refunding Bonds. 11. 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 all or any portion of the Refunding Bonds, shall have been deposited in trust, this Bond Resolution shall be defeased with respect to such Refunding Bonds, and the owners of those Refunding 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 Refunding Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange the Refunding Bonds as provided herein. 12. PAYMENT OF ISSUANCE EXPENSES - ESCROW FUND. The remainder of the proceeds of the Refunding Bonds shall be used to pay the issuance expenses of the Refunding Bonds and to establish an escrow fund for the Prior Bonds maturing in the years 1994 through 2003. After the issuance expenses have been paid or provided for the remaining proceeds shall be used to establish an escrow fund (the "Escrow Fund") consisting of cash and investments in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing and used to pay the principal of, interest on and redemption premiums on the Prior Bonds maturing in the years 1994 through 2003. The Escrow Fund shall be held by a trustee (the "Trustee") in trust pursuant to an escrow agreement (the "Escrow Agreement") which irrevocably shall direct the Trustee to take all necessary steps to call the Prior Bonds maturing in the years 1994 through 2003 for redemption at such time as shall be determined in the Escrow Agreement. The County Treasurer is authorized to select the Trustee and enter into the Escrow Agreement on behalf of the County. The amounts held in the Escrow Fund shall be such that the cash and the investments and the income Commissioner Minutes Continued. April 1, 1993 136 received thereon will be sufficient without reinvestment to pay the principal of, interest on and redemption premiums on the Prior Bonds maturing in the years 1994 through 2003 when due at maturity or call for redemption as required by the Escrow Agreement. 13. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the Refunding Bonds shall be subject to permission being granted therefor by the Department of Treasury of the State of Michigan and the County Agency hereby is authorized and directed to make application to the Department of Treasury for permission to issue and sell the Refunding Bonds as provided by the terms of this resolution. 14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency is authorized to determine the principal amount of the Refunding Bonds to be sold and to prescribe the form of the notice of sale for the Refunding Bonds. The County Agency is authorized to sell the Refunding Bonds 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 Refunding Bonds in accordance with the provisions of this resolution. 15. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured Refunding 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 County Treasurer, the County Treasurer may authorize the bond registrar and paying agent to deliver a new executed Refunding Bond to replace the Refunding Bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the bond registrar and paying agent to pay the Refunding Bond without presentation upon the receipt of the same documentation required for the delivery of a replacement Refunding Bond. The bond registrar and paying agent, for each new Refunding 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 Refunding Bond delivered pursuant the provisions of this Section 15 in lieu of any Refunding Bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the Refunding Bond in substitution for which such Refunding Bond was delivered. 16. TAX COVENANT. The County covenants to comply with all applicable requirements of the Internal Revenue Code of 1986, as amended necessary to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. The County Agency, the County Treasurer and other appropriate County officials are authorized to do all things necessary (including the making of such covenants of the County as shall be appropriate) to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. 17. OFFICIAL STATEMENT. The County Agency is authorized to cause the preparation of an official statement for the Refunding Bonds for purpose of enabling 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 enable compliance with the Rule. After the award of the Refunding 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 purchasers to enable the purchasers to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 18. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (Misc. #93043) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF NOT TO EXCEED $ 4,000,000 OAKLAND COUNTY REFUNDING BONDS, SERIES 1993-B (PONTIAC TOWNSHIP EXTENSIONS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Commissioner Minutes Continued. April 1, 1993 137 Miscellaneous Resolution #93043 and finds: 1) The resolution authorizes the issuance of refunding bonds with the County pledging its full faith and credit as the secondary obligator. 2) The aggregate principal amount is not to exceed $4,000,000 at an interest rate not to exceed 8%. 3) The previous bonds were issued with a principal amount of $7,245,000 at an average net interest rate of 6.82%. 4) The statutory limit for County debt is $2,814,075,876 (10% of 1992 State Equalized Value). As of February 28, 1993, the outstanding debt is $352,559,474.84 or approximately 1.3% of the S.E.V. This refunding will not increase the amount of outstanding debt. 5) No financial impact to county funds is anticipated. FINANCE COMMITTEE Moved by Palmer supported by Kingzett the resolution be adopted. AYES: Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner. (24) 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. 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 Commissioner Minutes Continued. April 1, 1993 138 FISCAL NOTE (Misc. #93032) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF PUBLIC WORKS/WATER & SEWAGE OPERATION - SALE AND PURCHASE OF COUNTY OWNED PROPERTY (8 MILE ROAD PUMP STATION PROPERTY) 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 #93032 and finds: 1) The County of Oakland owns land which is located on 8 Mile Road in the City of Southfield which houses operations for the Evergreen - Farmington Sewage Disposal System and water pumping operations. Although it was purchased and paid for by the Evergreen - Farmington Sewage Disposal System, it is recommended that it be recorded as an asset in the Department of Public Works Water and Sewage Operations Equipment Fund (#63800). 2) The County of Oakland has agreed to sell a portion of this property to Wal-Mart Stores, Inc. which is appraised at $1,600. Receipt for sale of property will be made in the Department of Public Works Water and Sewage Operations Equipment Fund (#63800). 3) Water and Sewage Operations requests the purchase of adjoining property from Wal-Mart to expand storage and parking. 4) The property which is appraised at $16,700 will be paid for using funds in the Department of Public Works Water and Sewage Operations Equipment Fund (#63800). FINANCE COMMITTEE Moved by Palmer supported by Pernick the resolution be adopted. AYES: Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93055 BY: Planning & Building Committee, Charles Palmer, Chairperson IN RE: PARKS AND RECREATION - ACCEPTANCE OF GRANT FOR ACQUISITION OF PROPERTY IN ROSE TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Whereas the Parks and Recreation Commission has been notified that it is the recipient of a grant from the Michigan Natural Resources Trust Fund to acquire property in Rose Township for the purpose of providing recreational opportunities and preserving openspace for all residents of Oakland County; and WHEREAS the Parks and Recreation Commission has the funds available to make such acquisition; and WHEREAS said acquisition will provide the protection and preservation of said property and establish a County Park in a section of the County not previously serviced by the County Park System. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Oakland County Parks and Recreation Commission to accept said grant for the acquisition of 612 acres in Rose Township as identified in the grant being parcels 06-09-300-005 thru 019, 06-09-451-001, 06-16-100-001 thru 005, 06-16-201-005, 06-16-251-001 and 002, 06-16-276-001, 06-16-301-001, 06-16-326-001, 06-16-351-00l, 06-16-401-001, 06-21-101-001, and said monies for the acquisition to come from Parks and Recreation funds and/or grant monies; and BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes the Parks and Recreation Commission to acquire property as approved in and within the parameters of the above referenced grant agreement. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioner Minutes Continued. April 1, 1993 139 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #93056 BY: Planning & Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF PUBLIC WORKS - AUTHORIZATION TO RECEIVE BIDS - SERVICE CENTER SIGNAGE REPLACEMENT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies & Gentlemen: WHEREAS over the years, signage was placed on the Service Center on an as-needed basis without the benefit of a master plan or design standards; and WHEREAS because of this lack of a master plan, the signage is ineffective in directing the public to their various destinations; and WHEREAS a consultant was hired to address this need which resulted in a comprehensive sign replacement program to be implemented over a two-year period; and WHEREAS the total cost of this project including consultant fees, sign fabrication, and installation has been estimated to be $210,000; and WHEREAS funding in the amount of $150,000 is available for this project in the Service Center Signage line item of the Utilities Section of the 1993 Capital Improvement Program; and WHEREAS since this estimate exceeds the available amount by $60,000, implementation of the project will be phased over two years. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Department of Public Works to advertise said Phase I of the project for bids, receive bids, and to report to the Planning & Building Committee upon receipt and tabulation of such bids. BE IT FURTHER RESOLVED that such authorization to receive bids is contingent upon compliance with all local ordinances. BE IT FURTHER RESOLVED that the balance of the project be included in the Utility Section of the 1994 Capital Improvement Program. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Moved by Palmer supported by Schmid the resolution be adopted. Discussion followed. Vote on resolution: AYES: Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks. (23) NAYS: Aaron. (1) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93057 BY: Planning & Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF PUBLIC WORKS-AUTHORIZATION TO PURCHASE X-RAY SCANNING SYSTEM MACHINES FOR OAKLAND COUNTY COURTHOUSE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has recently addressed Courthouse security needs by the adoption of Miscellaneous Resolutions #91214 and #92119, which provided installation of metal detection equipment, additional card access entry locks, and security staffing; and WHEREAS the installation of two (2) X-ray scanning system machines to aid in the detection of concealed weapons would further improve the security of the Courthouse and expedite entry of the public into the building; and WHEREAS the cost to purchase and install these two X-ray machines is estimated to be $54,900; and WHEREAS funding to purchase and install this equipment is available in the Oakland County Equipment Fund; and WHEREAS funding is available to lease this equipment in the Facilities and Operations Fund. Commissioner Minutes Continued. April 1, 1993 140 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the purchase and installation of two (2) X-ray scanning system machines for the Oakland County Courthouse. 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 #93058 BY: Planning & Building Committee IN RE: RADIO COMMUNICATIONS OVERSITE COMMITTEE - REVISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners, on MR 90281, dated December 13, 1990, authorized the award to Motorola for acquisition of a county-wide 800 MHz radio communication system; and WHEREAS the construction and operation of such system will effect several user departments, as well as future contract agencies; and WHEREAS the Board of Commissioners, on MR 91247, established a Radio Oversite Committee consisting of three appointees from the County Executive office, two appointees from the Sheriff's Department and the Director of Program Evaluation, who was designated as chairman; and WHEREAS the work of the committee is yet to be completed and the committee appointees have changed under the new County Executive; and WHEREAS the new committee members prefer to designate the committee chairman. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners confirms continuation of the Radio Communication Oversite Committee consisting of the Director of Program Evaluation or his designee and 3 appointees by the County Executive and 2 appointees from the County Sheriff's Department, preferably the Director of Central Services, the Director of Public Services, the Director of Management and Budget, the Sheriff's Department Communications Lieutenant and the Sheriff's Business Manager. BE IT FURTHER RESOLVED that such a committee will be responsible for monitoring: the activities of Motorola through the construction and testing phases and the assignments of the consulting firm of Westin Engineering. The committee will also develop a plan for revenue generation from the available capacity of the system and shall recommend the appropriate department and agency user charges. 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 Moffitt the resolution be adopted. AYES: Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #93019) BY: Planning & Building Committee, Charles Palmer, Chairperson IN RE: DRAIN COMMISSIONER - LAKE LEVEL FOR LONG LAKE, WAIVER OF PRELIMINARY FEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution on March 23, 1993, reports with the recommendation that the resolution be adopted with the addition of the following: BE IT FURTHER RESOLVED that said waiver of fees is contingent upon receipt of petitions containing signatures of 2/3 freeholders. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. Commissioner Minutes Continued. April 1, 1993 141 PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #93019 BY: Lawrence A. Obrecht, Commissioner IN RE: DRAIN COMMISSIONER - LAKE LEVEL FOR LONG LAKE, WAIVER OF PRELIMINARY FEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a sufficient number of freeholders on Long Lake signed petitions to establish a normal height and lake level for the waters of Long Lake, and delivered said petitions to the Oakland County Drain Commissioner on January 17, 1990; and WHEREAS the Drain Commissioner made the determination that it would be better to complete the project on the Bunny Run Lake Special Assessment District before establishing a lake level for Long Lake; and WHEREAS two years subsequent to the filing of the petitions with the Drain Office, the Inland Lake Level Act, Act 52 of the Public Acts of 1992, was adopted; and WHEREAS as authorized by provisions of Section 4 of Act 52, the Board of Commissioners may require a cash payment be made by the freeholders who file petitions sufficient to cover the preliminary costs necessary to proceed to establish a lake level, and the Drain Commissioner estimates that for Long Lake that cost would be $10,000; and WHEREAS Act 52 was established after the petitions of the freeholders were submitted; and WHEREAS the Drain Commissioner chose to wait to proceed until the Bunny Run project was completed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners waives the recommended $10,000 deposit and authorizes the Drain Commissioner to obtain an independent engineering study and other necessary engineering work which will provide the necessary information for the Drain Commissioner to recommend an appropriate water level for Long Lake. Chairperson, I move the adoption of the foregoing resolution. LAWRENCE A. OBRECHT, Dist. #3 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #93059 BY: Planning & Building Committee IN RE: APPROVAL OF AMENDMENT TO CONTRACT WITH THE OAKLAND COUNTY BUILDING AUTHORITY FOR THE WEST WING EXTENSION TO THE OAKLAND COUNTY COURTHOUSE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners and the Oakland County Building Authority executed a Limited Tax Full Faith and Credit General Obligation Lease Contract (Lease Contract) dated December 1, 1991; and WHEREAS Exhibit A to Appendix I of the Lease Contract contains a brief narrative description of the design plans for the proposed West Wing extension which reads "Such an extension would be located in the green belt that is approximately 100 feet wide by 400 feet long located west of the West Wing" and have a "basement and three floors above grade and be the same height as the West Wing."; and WHEREAS the Building Authority approved changes to the design plans of the proposed West Wing extension on February 18, 1992, upon recommendation by the architects, County Executive and county staff; and WHEREAS as a result of the design plan changes approved by the Building Authority it is necessary that the Board of Commissioners and the Building Authority amend the Lease Contract so that the construction of the West Wing extension will comply with the Lease Contract; and WHEREAS the design plan changes will not cause the West Wing extension to exceed the total cost of the project as identified in the Lease Contract; and WHEREAS an amendment to the Lease Contract and the revised design drawings for the West Wing extension are attached as Exhibits I and II, respectively. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached amendment to the Lease Contract for Commissioner Minutes Continued. April 1, 1993 142 the West Wing extension. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners and the County Clerk are authorized to execute the amendment and deliver same to the Building Authority. BE IT FURTHER RESOLVED that all resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution are hereby rescinded. On behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Exhibits I and II on file in County Clerk's Office. Moved by Palmer supported by Wolf the resolution be adopted. Discussion followed. Moved by Kingzett supported by Price the resolution be referred back to Finance Committee. AYES: Pernick, Price, Aaron, Kaczmar, Kingzett, McPherson, Oaks. (7) NAYS: Powers, Schmid, Taub, Wolf, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer. (17) A sufficient majority not having voted therefor, the motion failed. Discussion followed. Vote on resolution: AYES: Powers, Schmid, Taub, Wolf, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, McCulloch, Miltner, Obrecht, Palmer. (14) NAYS: Price, Aaron, Johnson, Kaczmar, Kingzett, Law, McPherson, Moffitt, Oaks, Pernick. (10) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #93036) BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT TRAFFIC AND SECURITY CONTRACTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed Miscellaneous Resolution #93036 entitled, "Sheriff's Department Traffic and Security Contracts," reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE 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 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. Commissioner Minutes Continued. April 1, 1993 143 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, 1992, not in conflict with this resolution, remain in full force and effect. Chairperson, I move the adoption of the foregoing resolution. LAWRENCE A. OBRECHT, Commissioner Dist. #3 FISCAL NOTE (Misc. #93036) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: SHERIFF'S DEPARTMENT - TRAFFIC AND SECURITY CONTRACTS 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 #93036 finds no budget amendments are necessary. The Finance Committee recommends the Resolution be amended to require notification of the Finance Committee in addition to the Public Services Committee. FINANCE COMMITTEE Moved by Obrecht supported by Taub the resolution, with Fiscal Note attached, be adopted. AYES: Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93060 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - 1992/93 SECONDARY ROAD PATROL - ACT 416 GRANT AMENDMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #89105 requires the liaison Committee to review the acceptance of all grants that vary more than fifteen (15) percent from the original grant application/award; and WHEREAS the Oakland County Board of Commissioners accepted the 1992/93 Secondary Road Patrol Grant in the amount of $511,818 through Miscellaneous Resolution 92223; and WHEREAS the Michigan Department of State Police - Office of Highway Safety Planning has authorized an increase in the Secondary Road Patrol And Traffic Accident Prevention Program grant of $82,327 for a revised total of $594,145 for the period October 1, 1992 through September 30, 1993 as detailed in Schedule A; and WHEREAS this award increase will allow the restoration of two (2) Deputy II positions which were deleted with the acceptance of the original 1992/93 Award; and WHEREAS the additional grant program funding does not require any additional county match. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioner's accepts the increase in the 1992/93 Secondary Road Patrol grant in the amount of $82,327 to bring the new total grant program to $594,145 (State - $546,963, County - $47,182) as detailed in Schedule A. Commissioner Minutes Continued. April 1, 1993 144 BE IT FURTHER RESOLVED that the Board of Commissioners creates two (2) Deputy II positions funded by the Secondary Road Patrol grant in the Protective Services Traffic unit(#43630). BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the agreement and approve amendments and contract extensions not to exceed fifteen percent (15%) variance which are consistent with the agreement as approved. BE IT FURTHER RESOLVED that the future level of service, including personnel, shall be contingent upon the level of State funding available for this program, and acceptance of this grant does not obligate the County to any further commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #93060) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: SHERIFF'S DEPARTMENT - 1992/93 SECONDARY ROAD PATROL - ACT 416 GRANT AMENDMENT ACCEPTANCE 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 #93060 and finds: 1) The Oakland County Sheriff's Department has been awarded an increase in the Secondary Road Patrol grant through the Michigan Department of State Police - Office of Highway Safety Planning in the amount of $82,327 increasing the total to $594,145 for the period October 1, 1992 through September 30, 1993. 2) This award increase from the original 1992/93 grant award allows for the addition of two (2) Deputy II positions. 3) The current grant program funding is $464,636 (91%) funded by the State and $47,182 (9%) funded by the County, funding six (6) Deputy II positions. 4) The proposed increase would provide $546,963 (92%) funded by the State and $47,182 (8%) funded by the County for eight (8) positions through the balance of the grant program. 5) The grant award will amend the 1992/93 Biennial Budget as detailed in Schedule A. FINANCE COMMITTEE REPORT (Misc. #93060) BY: Personnel Committee, Marilynn Gosling, Chairperson TO: Finance Committee, John McCulloch, Chairperson IN RE: Sheriff's Department-1992/93 Secondary Road Patrol Act 416 Grant Amendment Acceptance Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on March 24, 1993, reports with the recommendation that the resolution be adopted with the following amendment: Change the 2nd BE IT FURTHER RESOLVED paragraph to read: BE IT FURTHER RESOLVED that the future level of service, including personnel, shall be contingent upon the level of State funding sufficient to cover the costs of the program, and acceptance of this grant does not obligate the County to any further commitment. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. Personnel Committee Moved by Obrecht supported by Gosling the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Obrecht supported by Gosling the Resolution be amended as Commissioner Minutes Continued. April 1, 1993 145 recommended in the Personnel Committee Report. (Change the 2nd BE IT FURTHER RESOLVED paragraph to read: 'BE IT FURTHER RESOLVED that the future level of service, including personnel, shall be contingent upon the level of State funding sufficient to cover the costs of the program, and acceptance of this grant does not obligate the County to any further commitment." A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Schmid, Taub, Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #93061 BY: Eugene Kaczmar, Commissioner, District #24 IN RE: COURTS - STATE FINANCING OF COURTS CLASS ACTION LAWSUIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the firm of Clary, Nantz, Wood, Hoffius, Rankin & Cooper has filed a class action lawsuit on behalf of all units of local government currently required to fund Circuit, Probate and District Courts; and WHEREAS this lawsuit was filed to force the State of Michigan to: (I) Reimburse 80% of court expenses for 1986 and 1987, and 100% thereafter, as required by P.A. 438 of 1980; (II) Require the State of Michigan to finance all court expenses as required by the constitutional reference to the one State Court of Justice; (III) Force the State to adopt or promulgate an enforceable system for the annual auditing and accounting of judicial expenditures, at State expense; and WHEREAS the Court of Claims certified the class action and, each identified unit of government in the class had the opportunity to request exclusion there from; and WHEREAS Oakland County, on MR 89182, dated July 20, 1989, exercised their "Request for Exclusion"; and WHEREAS Judge Giddings of the Court of Claims has ruled in favor of the plaintiff class in regard to Count I, which involves reimbursement for court expenses, and has ruled for the defendants on Counts II and III; and WHEREAS both parties intend to appeal this decision to a higher court; and WHEREAS the Class Steering Committee, through their present attorneys, Law, Weathers and Richardson, have filed a claim on behalf of the non- participating communities to protect their interests, effective with 1991 expenditures; and WHEREAS the committee is offering these non-participating units of government an opportunity to join in this second effort to present, pursue and preserve their damage entitlements; and WHEREAS the successful outcome of this lawsuit could result in financial relief favorable to Oakland County despite the threat of revision to the formula for distribution of funds under Article IX Section 30 of the constitution; and WHEREAS the courts, in answer to previous litigation, have exempted court employees from local government control and have removed all courts from any obligation to comply with the uniform budget and accounting laws and the courts have generally ruled in their own favor in other "superintending control" challenges thus nullifying any semblance of local control; and WHEREAS a mandate for state funding of all courts would permanently resolve the District Court financing inequities in Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners wishes that Oakland County become a participant in the second legal effort and authorizes the chairperson of the Board to so notify the Class Steering Committee through their attorneys, Law, Weather and Richardson. I move the adoption of the foregoing resolution. Eugene Kaczmar, Dennis Aaron, SueAnn Commissioner Minutes Continued. April 1, 1993 146 Douglas David L. Moffitt, Jeff Kingzett, Ruel E. McPherson, Marilynn E. Gosling, Donald W. Jensen, Lawrence Pernick, Lillian Jaffe Oaks, Hubert Price, Jr. The Chairperson referred the resolution to the Public Services Committee. There were no objections. MISCELLANEOUS RESOLUTION #93062 BY: Kevin A. Miltner, County Commissioner, District #5 IN RE: DISTRICT COURTS - POLICY REGARDING REMOVAL OF OAKLAND COUNTY AS DISTRICT CONTROL UNIT FOR 52ND DISTRICT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS from time to time, various control units for district courts of the third class within Oakland County have requested that their courts become courts of the second class, thus becoming part of the 52nd district for which the County of Oakland is the control unit; and WHEREAS the cost of operating most of these district courts far exceeds the court revenue allocated to the control unit; and WHEREAS the County of Oakland, like all local units of government, now faces financial uncertainties due to proposed cutbacks in state and federal funds; and WHEREAS this system is patently inequitable to the citizens of cities, villages and townships which fund their own courts as well as pay county taxes to support the 52nd District Court; and WHEREAS the current state statutes allowing the state legislature to change the class of the district court, thus transferring the responsibility from one local unit to another, would require the consent of the control unit. NOW THEREFORE BE IT RESOLVED that Oakland County petition the state legislature forthwith to remove the County of Oakland as the District Control Unit for the 52nd District Court. Chairperson, I move the adoption of the foregoing resolution. Kevin A. Miltner, Thomas A. Law, David L. Moffitt, John P. Garfield, Donald W. Jensen, Donn L. Wolf, Ruel E. McPherson, Eugene Kaczmar, Jeff Kingzett, Lawrence R. Pernick, Dennis M. Aaron, Lillian Jaffe Oaks The Chairperson referred the resolution to the Public Services Committee and the General Government Committee. There were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson: FINANCE a. Huron-Clinton Metropolitan Authority - Tax Levy b. Township of Orion - Resolution RE: Property Tax Cuts and Revenue Losses c. MAC - Resolution RE: Property Tax Cuts and Revenue Losses GENERAL GOVERNMENT a. Township of Orion - Resolution RE: Property Tax Cuts and Revenue Losses b. MAC - Resolution RE: Property Tax Cuts and Revenue Losses There were no objections to the referrals. The Chairperson stated the next meeting of the Board will be April 29, 1993 at 9:30 A.M. The Board adjourned at ll.30 A.M. LYNN D. ALLEN LARRY CRAKE Clerk Chairperson