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