HomeMy WebLinkAboutMinutes - 1993.05.13 - 8148
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
May 13, 1993
Meeting called to order by Chairperson Larry Crake at 9:56 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll Called.
PRESENT: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks,
Obrecht, Palmer, Pernick, Schmid, Taub. (21)
ABSENT: Moffitt, Powers, Price, Wolf. (all with notice)
Quorum present.
Invocation given by Commissioner Taub.
Pledge of Allegiance to the Flag.
Moved by Schmid supported Pernick the minutes of April 29, 1993 board
meeting be approved by printed.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Schmid supported by Aaron the rules be suspended and the agenda
be amended as follows:
ITEMS ALREADY ON PRINTED AGENDA:
PLANNING AND BUILDING
d. Drain Commissioner: Authorize Issuance of a Second Series of Bonds
to Defray Part of Cost of Waterford Water Supply System Iron Removal Water
Treatment Facilities
e. Drain Commissioner: Authorize Issuance of Bonds to Defray Par of
Cost of Clinton-Oakland Sewage Disposal System Paint Creek Interceptor Oakland
Township Ext. #3
Reason for suspension of d. & e. - Waiver of Rule XI,f. Direct Referral
to Finance.
f. MR93075 Transfer of Water and Sewage Operations from DPW to Drain
Reason for suspension: Waiver of Rule XI,c. Planning & Building should have
been first-named committee for Board Referral.
ITEMS NOT ALREADY ON PRINTED AGENDA:
GENERAL GOVERNMENT
b. Board of Commissioners - Appointment of Nancy Dingeldey to Standing
Committees
AYES: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks,
Obrecht, Palmer, Pernick, Schmid, Taub. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
The Clerk read a letter from County Executive L. Brooks Patterson
regarding the veto of Resolution #93048 - Board of Commissioners - Amendment to
Board Rules Sec. X, Construction Project Approval.
The Clerk read a letter from County Executive L. Brooks Patterson
regarding the veto of Resolution #93072 - Solid Waste - Removal of Waterford
Hills Landfill from Act 64l Plan.
Moved by Obrecht supported by Huntoon that the vetoes of Miscellaneous
Resolutions #93048 and #93072 be placed on the agenda of the May 27, l993
meeting, under Special Order of Business.
AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks, Obrecht,
Pernick, Schmid, Taub. (19)
NAYS: Palmer, Aaron. (2)
A sufficient majority having voted therefor, the motion carried.
The Chairperson made the following statement: "A public hearing is now
called on the transfer of Water and Sewer from DPW to Drain Commissioner
(MR#93075). Are there any persons present that wish to speak?"
No persons requested to speak and the public hearing was declared
closed.
Jean Milton addressed the board.
MISCELLANEOUS RESOLUTION #93078
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: COMMUNITY DEVELOPMENT DIVISION - 1993/1994 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Community Development Division filed a 1993\1994 application
for Housing and Urban Development (HUD) Block Grant funds in the amount of
$4,783,000, in addition to $644,849 in County Program Income, and $17,000 in
Community Program Income for a total program amount of $5,444,849; and
WHEREAS HUD by letter of March 31, 1993 transmitted to Oakland County a
grant in the amount of $4,783,000 for fiscal year 1993/1994, covering the
period May 3, 1993 through May 2, 1994 as listed in the attached schedule; and
WHEREAS no County funds are required for this grant; and
WHEREAS the attached contract has been approved by the County
Executive's Contract Review Process; and
WHEREAS 1993 Budget amendments for this grant acceptance will be
requested by resolution later in the year after compilation of further
information and fiscal year closing.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the 1993/1994 Community Development Block Grant Program
in the amount of $4,783,000 and the County Program Incomes totaling $661,849
for a program total of $5,444,849.
BE IT FURTHER RESOLVED that the future level of service, including
personnel, will be contingent upon the level of Federal funding available for
this program.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate
the County to any future commitment.
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners is authorized to execute the grant agreement and to approve
amendments and extensions up to fifteen (15) percent variance from the award,
consistent with the agreement as originally approved.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
John P. McCulloch, Chairperson
Commissioners Minutes Continued. May 13, 1993
169
Copies of Funding Approval Title I of the Housing and Community
Development Act and Grant Agreement and Loan Guarantee Acceptance Provisions on
file in County Clerk's office.
Moved by McCulloch supported by Dingeldey the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer,
Pernick, Schmid, Taub, Aaron, Crake. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93079
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: COMMUNITY DEVELOPMENT DIVISION - HOME INVESTMENT PARTNERSHIP ACT GRANT
ACCEPTANCE - FISCAL YEAR 1993
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States Congress enacted the HOME Investment
Partnership Act, Title II of the Cranston-Gonzalez National Affordable Housing
Act (P.L. 101-625) in 1990; and
WHEREAS the County of Oakland, being designated as a participating
jurisdiction by the U.S. Department of Housing and Urban Development, has been
awarded a fiscal year 1993 HOME grant in the amount of $934.000'; and
WHEREAS the County intends to use $686,490 of the HOME allocation for
rehabilitation of homes owned by low-income persons and allocate $140,100 for
non-profit Community Housing Development Organizations (CHDO'S) to rehabilitate
homes for low-income persons; and
WHEREAS the County intends to reserve $93,400 (10% of the 1993 HOME
allocation) to administer the program and $14,010 (an amount equal to 10% of
the CHDO allocation) for CHDO administration; and
WHEREAS a county match of $210,150 has been included in the 1993
Adopted Budget for the program; and
WHEREAS a detailed fund schedule and 1993 Fiscal Year program
description of the County's plans for the HOME grant has been prepared and
included per federal regulation purposes (Attachment A); and
WHEREAS the Oakland County Community Development Citizens Advisory
Council has unanimously recommended approval of the HOME grant and program
description; and
WHEREAS this grant has been reviewed and approved by the County
Executive's Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the 1993 Fiscal Year HOME grant program in the amount of
$934,000.
BE IT FURTHER RESOLVED that the future level of service, including
personnel, will be contingent upon the level of Federal funding available.
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 a fifteen percent (15%) variance from the
award, consistent with the agreement as originally approved.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Funding Approval and HOME Investment Partnership Agreement and
Attachment A on file in County Clerk's office.
Moved by McCulloch supported by McPherson the resolution be adopted.
Commissioners Minutes Continued. May 13, 1993
170
AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Miltner, Oaks, Obrecht, Pernick, Schmid,
Taub, Aaron, Crake, Dingeldey. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93080
BY: Finance Committee. John P. McCulloch, Chairperson
IN RE: PUBLIC WORKS/FACILITIES ENGINEERING DIVISION - AWARD OF CONTRACT FOR
JAIL FIRE ALARM REPLACEMENT PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #92251 the Board of Commissioners
authorized the County Executive's Facilities Engineering Division to receive
bids for the replacement of the fire alarm system in the original section of
the Oakland County Jail; and
WHEREAS in accordance with bidding procedures, bids for the installation
of the above mentioned project were received and opened on April 8, 1993; and
WHEREAS the County Executive's Department of Public Works has reviewed
all bids submitted and recommends that the lowest responsible bidder, F.W.
Moote Electrical, Inc. of Pontiac, Michigan, be awarded a contract in the
amount of $144,780; and
WHEREAS the total project cost is estimated to be $169,000; and
WHEREAS funding of $125,000 is available in the 1993 Capital Improvement
Program - Building Section for this project and the remainder of $44,000 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
$169,000 from the 1993 Capital Improvement Program -
Building Fund #40100 to the Project Work Order Fund
#40400 to establish the Jail Fire Alarm Replacement
Project.
2) The contract proposal of F.W. Moote Electrical, Inc. of
Pontiac, Michigan in the amount of $144,780 be accepted
and the contract awarded in concurrence with Planning
and Building Committee recommendations.
3) Funds be provided in the amount of $24,220 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 F.W.
Moote Electrical, Inc. of Pontiac, 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. #93080)
BY: Planning and Building Committee, Charles Palmer, Chairperson
TO: Finance Committee, John McCulloch, Chairperson
IN RE: Award of Contract for Jail Fire Alarms-Project 92-15
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the bids received
for the above referenced project on May 4, 1993, reports with the
Commissioners Minutes Continued. May 13, 1993
171
recommendation that the contract be awarded to F. W. Moote Electrical, Inc., of
Pontiac, Michigan in the amount of $144,780.00 for a total project cost of
$169,000.00.
Chairperson, on behalf of the Planning and Building Committee, I submit
the foregoing report.
PLANNING AND BUILDING COMMITTEE
Moved by McCulloch supported by Huntoon the Planning and Building
Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McCulloch supported by Huntoon the resolution be adopted.
AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Schmid,
Taub, Aaron, Crake, Dingeldey, Douglas. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93081
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: CENTRAL SERVICES/RADIO COMMUNICATIONS - REFINANCING OF 800 Mhz RADIO
COMMUNICATION SYSTEM
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #92191 directed the Board of
Commissioners legal counsel, Mr. William P. Hampton, and Oakland County's
Corporation Counsel to contact Motorola and negotiate an agreement regarding
the financing of the 800 Mhz Radio Communication System that is consistent with
the requirements of the County's Request For Proposal (RFP) and the project
contract with Motorola; and
WHEREAS the total 800 Mhz Radio System contract with Motorola was
$6,191,293.74, and the County has made principal payments of $2,056,214.11
leaving a balance of $4,135,079.63 (Attachment A); and
WHEREAS Motorola has not completed certain items totalling $173,636.75
and the County challenges $213,831.00 of interest charges, for a total of
$387,467.75 which the County would put into escrow until resolution of the
issues; and
WHEREAS the County does not contest the difference between the
$4,135,079.63 remaining principal and the $387,467.75 escrow amount which
calculates to $3,747,611.88; and
WHEREAS the County desires to refinance the 800 Mhz System by borrowing
funds from the Delinquent Tax Revolving Fund (DTRF) and repaying those funds
over seven (7) years at the average monthly rate paid by the DTRF which will
fluctuate over the term of the agreement (Attachment B); and
WHEREAS the County Treasurer as agent for the DTRF has determined that
funds are available and is willing to loan funds thereby saving the County an
estimated $256,460 over the term on this agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes
the Chairperson of the Board to execute the attached Borrowing Agreement with
the County Treasurer as agent of the DTRF to refinance the 800 Mhz Radio System
(Attachment B) in the amount of $4,135,000.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
approves a payment to Motorola in the amount of the $3,747,611.88 and directs
that the final settlement be brought to this Board for approval as required by
Miscellaneous Resolution 92191.
BE IT FURTHER RESOLVED the Board of Commissioners establishes an escrow
amount of $387,467.75 pending the final settlement of the Motorola agreement.
Chairperson on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
Commissioners Minutes Continued. May 13, 1993
172
FINANCE COMMITTEE
Copies of Attachments A & B on file in County Clerk's office.
Moved by McCulloch supported by Oaks the resolution be adopted.
AYES: Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Schmid, Taub,
Aaron, Crake, Dingeldey, Douglas, Garfield. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93082
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: BOARD OF COMMISSIONERS - APPROVAL OF REDUCTIONS TO THE 1993 SUMMER
PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS unless corrective measures are taken, it is anticipated that
1993 County expenditures will exceed 1993 anticipated revenues; and
WHEREAS to compensate for the anticipated shortfall, the County
Executive has identified several areas where expenditures may be reduced, and
will present his recommendations to the Board of Commissioners during the next
several weeks; and
WHEREAS one such recommendation is to decrease the appropriation for
summer positions by $116,000 with a corresponding reduction of 51 summer
positions; and
WHEREAS the Personnel and Finance Committees, having reviewed the
Executive's recommendation for a 25 percent reduction in the summer position
appropriation, approved the recommendation.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves
amending the 1993 budget to reduce the appropriation for summer positions (4-
10100-909-01-00-9904) by 25 percent ($116,000).
BE IT FURTHER RESOLVED that the Revenue Budget be amended to reduce
Resources Carried Forward (3-10100-909-01-00-9901 - Prior Year Balance) by
$116,000.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Attachments on file in County Clerk's office.
REPORT (Misc. #93082)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
TO: Finance Committee, John P. McCulloch, Chairperson
IN RE: Reduction in Summer Positions-1993
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the County Executive's
recommendations regarding a 25% decrease in 1993 summer positions, reports in
support of the position reductions as outlined in the memo of April 6, 1993.
Chairperson, on behalf of the Personnel Committee, I submit the
foregoing report.
PERSONNEL COMMITTEE
Moved by McCulloch supported by Taub the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McCulloch supported by Taub the resolution be adopted.
Commissioners Minutes Continued. May 13, 1993
173
AYES: Jensen, Johnson, Kingzett, Law, McCulloch, McPherson, Miltner,
Obrecht, Palmer, Schmid, Taub, Crake, Dingeldey, Douglas, Garfield, Gosling,
Huntoon. (17)
NAYS: Kaczmar, Oaks, Pernick, Aaron. (4)
A sufficient majority having voted therefor, the resolution was
adopted.
REPORT
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: AREAWIDE WATER QUALITY BOARD APPOINTMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends the re-appointment
of James Porter, Delegate, and Deborah Schutt, Alternate, to the Areawide Water
Quality Board for three-year terms ending June 30, 1996.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Gosling the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Gosling the appointments be confirmed.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Miltner, Oaks, Obrecht, Palmer, Pernick, Schmid, Taub, Aaron, Crake, Dingeldey,
Douglas, Garfield, Gosling, Huntoon. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointments of James
Porter and Deborah Schutt were confirmed.
REPORT
BY: General Government Committee, Donald W. Jensen, Chairperson
RE: BOARD OF COMMISSIONERS - APPOINTMENT OF NANCY DINGELDEY TO STANDING
COMMITTEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends that Nancy Dingeldey
be appointed to fill the vacancies on the Personnel and General Government
Committees.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Schmid the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Schmid the appointment be confirmed.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner,
Oaks, Obrecht, Palmer, Schmid, Taub, Aaron, Crake, Dingeldey, Douglas,
Garfield, Gosling, Huntoon, Jensen. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointment was
confirmed.
Commissioners Minutes Continued. May 13, 1993
174
MISCELLANEOUS RESOLUTION #93083
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
RE: PERSONNEL DEPARTMENT-SALARY ADMINISTRATION FIRST QUARTERLY REPORT FOR 1993
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Study Group Reports approved by the
Board of Commissioners for Grades 1 - 21 provide for a review and appeal
process for departments and employees wishing to challenge the salary grade
placement of classifications; and
WHEREAS the First Quarterly Report for 1993 was submitted to the
Personnel Committee identifying the reviews requested and the salary grade
changes recommended by the Personnel Department after completion of this review
process; and
WHEREAS funds have been established in the Classification and Rate
Change fund to implement salary grade changes resulting from salary
administration quarterly report recommendations; and
WHEREAS the Personnel Committee has reviewed and approved this report.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes
implementation of changes in salary grade placement as shown:
Salary Grade
Classification From: Location-Position
Library Technician II 6 8 511301-02140
(Retitle 1 position only
to new class of Jail Library
Technician, Reg. OT)
Chairperson, on behalf of the Personnel Committee, I move the adoption
of the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: 1992 ANNUAL REPORT OF THE PLANNING & BUILDING COMMITTEE
To the Oakland County Board of Commissioners
CHAIRPERSON, LADIES & GENTLEMEN:
In accordance with Section "E" of Rule X of the Board Rules, your
Planning & Building Committee has begun its biennial inspection of County-owned
buildings and grounds. On April 2, 1992, the Power House was inspected. That
was followed by Administrative Annex II on April 3. Also during April, the
Committee as a whole inspected the 196 Oakland Avenue Building. In June, the
Fourth Street Office Building was visited. The 52nd District, First Division
Court was toured in July. That was followed by the Troy Street Office Building
and the Farmers' Market in Royal Oak. Administrative Annex I and the New
Computer Center were next on September 1. The yearly tours ended with a visit
to the Children's Village on November 20.
Copies of the individual building reports are on file with the Committee
Reporter and are available for inspection. The facilities visited were found
to be clean and well maintained. Minor deficiencies, if any existed, were
brought to the attention of the appropriate staff for immediate correction.
This concludes the biennial tours.
Projects completed in 1992 include:
1. Reglazing of the Farmers' Market in Royal Oak.
2. Removal of the underground storage tank at the Road Commission's
Davisburg garage.
3. An addition to the South Oakland Health Center.
4. Reroofing of the Mental Health Center.
5. Improvements to the Trusty Camp kitchen.
6. Various furniture purchases.
7. Remodeling of Administrative Annex I for the Central Dispatch
Commissioners Minutes Continued. May 13, 1993
175
operation.
8. Steam Tunnel repairs.
9. Improvements to the Jail gun range and the Jail visitors' center.
10. Miscellaneous remodeling projects in the Courthouse.
11. Reroofing Administrative Annex I.
Projects begun in 1992 and expected to be completed in 1993 include:
1. Service Center Signage.
2. Courthouse Security.
3. New Boot Camp Facility at the Trusty Camp.
4. Children's Village Air-Conditioning.
5. Children's Village Security.
6. West Wing Extension (expected to be completed July 1994).
In related activities, the Facilities Engineering Division provided
engineering services to the Parks and Recreation Commission, the Road
Commission, and the Airport Committee. Testing services were provided on a
variety of P&R's projects. Design services were rendered on two Road
Commission garage remodeling jobs. Design services were also provided for yet
another bank of T-hangars at the Oakland/Pontiac Airport.
1993 is expected to be another active year. In addition to the usual
reroofing and asphalt resurfacing programs, the West Wing Extension should be
closed in by the year's end. Remodeling in the Jail basement, a new quonset
hut at the Trusty Camp, and improvements at various building locations to meet
the American with Disabilities Act requirements should also be gotten underway.
CHAIRPERSON, on behalf of the Planning & Building Committee, I move the
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Kaczmar the 1992 Annual Report of the
Planning and Building Committee be accepted.
A sufficient majority having voted therefor, the report was accepted.
MISCELLANEOUS RESOLUTION #93084
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: ECONOMIC DEVELOPMENT DIVISION RESOLUTION APPROVING PROJECT AREA AND
PROJECT DISTRICT AREA (A.B. HELLER, INC. PROJECT) - MILFORD TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to
alleviate and prevent conditions of unemployment, to assist and retain local
industrial and commercial enterprises in order to strengthen and revitalize the
County's economy and to encourage the location and expansion of such
enterprises to provide needed services and facilities to the County and its
residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the
Michigan Public Acts of 1974, as amended (the "Act") provides a means for the
encouragement of such projects in this County through the County's Economic
Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit
of such a project (A.B. Heller, Inc. Project) and has designated to this Board
of Commissioners a Project Area and Project District Area for its approval;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY
OF OAKLAND, as follows:
1. The Project Area, as described in Exhibit A attached hereto, as
designated by the EDC to this Board is hereby certified as approved.
2. That it having been determined that the territory surrounding said
designated Project Area will not be significantly affected by the Project
because the surrounding territory is devoted to commercial/industrial uses, a
Project District Area having the same description as and boundaries coterminous
with the Project Area herein certified as approved be hereby established.
3. That, it having been determined that there are less than eighteen
Commissioners Minutes Continued. May 13, 1993
176
(18) residents, real property owners, or representatives of establishments
located within the Project District Area, a Project Citizens District Council
shall not be formed pursuant to Section 20(b) of the Act.
4. That the County Clerk is hereby directed to provide four certified
copies of this resolution to the Secretary of the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Exhibit A on file in County Clerk's office.
Moved by Palmer supported by Douglas the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McPherson, Miltner, Oaks, Obrecht,
Palmer, Schmid, Taub, Aaron, Crake, Dingeldey, Douglas, Garfield, Huntoon,
Jensen, Johnson. (18)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93085
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: ECONOMIC DEVELOPMENT DIVISION RESOLUTION CONFIRMING APPOINTMENT OF
ADDITIONAL EDC DIRECTORS (A.B. HELLER, INC. PROJECT) - MILFORD TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the
Board of Directors of The Economic Development Corporation of the County of
Oakland designating a Project Area and Project District Area for a project
(A.B. Heller, Inc. Project) under the Economic Development Corporations Act,
Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County
Executive of the County of Oakland of two additional directors to the Board of
said Economic Development Corporation in connection with said Project, in
accordance with Section 4(2) of the Act;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY
OF OAKLAND, as follows:
1. The appointments of James Caswell and C. Elaine Skarritt, who are
representative of neighborhood residents and business interests likely to be
affected by said Project, to the Board of Directors of The Economic Development
Corporation of the County of Oakland are hereby confirmed in accordance with
Section 4(2) of Act No. 338 of the Michigan Public Acts of 1974, as amended.
James Caswell and C. Elaine Skarritt shall cease to serve when the Project for
which they are appointed is either bandoned or, if undertaken, is completed in
accordance with the Project Plan therefor.
2. All resolutions or parts thereof in conflict with this resolution
are hereby repealed, but only to the extent of such conflict.
3. The County Clerk is hereby directed to provide four certified copies
of this resolution to the Assistant Secretary of the Board of the Economic
Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Garfield the resolution be adopted.
AYES: Kingzett, Law, McCulloch, McPherson, Miltner, Oaks, Obrecht,
Palmer, Pernick, Schmid, Taub, Aaron, Crake, Dingeldey, Douglas, Garfield,
Huntoon, Johnson, Kaczmar. (19)
NAYS: None. (0)
Commissioners Minutes Continued. May 13, 1993
177
MISCELLANEOUS RESOLUTION #93086
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF A SECOND
SERIES OF BONDS TO DEFRAY PART OF THE COST OF THE WATERFORD WATER SUPPLY SYSTEM
IRON REMOVAL WATER TREATMENT FACILITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") and the Charter Township of
Waterford (the "Township") have entered into the Waterford Water Supply System
Iron Removal Water Treatment Facilities Contract dated as of October 1, 1991
(the "Contract"), pursuant to the provisions of Act No. 342, Public Acts of
Michigan, 1939, as amended ("Act 342"); and
WHEREAS the Contract provides for the issuance of bonds in one or more
series by the County to defray all or part of the cost of the Waterford Water
Supply Iron Removal Water Treatment Facilities as described in the Contract
(the "Project"), said bonds to be secured by the contractual obligation of the
Township to pay to the County amounts sufficient to pay the principal of and
interest on the bonds and to pay such paying agent fees and other expenses as
may be incurred on account of the bonds; and
WHEREAS on July 1, 1992, the County issued its first series of bonds in
the principal amount of $6,000,000 and designated "Waterford Iron Removal
Facilities Bonds, Series 1992-A" to defray part of the cost of the Project; and
WHEREAS it is in the best interest of the County of Oakland that a
second series of bonds be issued to defray that part of the cost of the Project
in excess of the amounts paid and to be paid from funds on hand and from the
proceeds of said first series of bonds and that the Project be acquired and
constructed in accordance with the provisions of the Contract.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND
COUNTY, MICHIGAN, as follows:
1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County aggregating
the principal sum of Three Million Nine Hundred Thousand Dollars ($3,900,000)
shall be issued and sold pursuant to the provisions of Act 342, and other
applicable statutory provisions, for the purpose of defraying part of the cost
of acquiring and constructing the Project.
2. BOND DETAILS. The bonds shall be designated "Waterford Iron Removal
Facilities Bonds, Series 1993"; shall be dated July 1, 1993; shall be numbered
from 1 upwards; shall be fully registered; shall be in the denomination of
$5,000 each or any integral multiple thereof not exceeding the aggregate
principal amount for each maturity at the option of the purchaser thereof;
shall bear interest at a rate or rates not exceeding 9% per annum to be
determined upon the sale thereof payable on May 1, 1994, and semiannually
thereafter on the first days of November and May in each year; and shall mature
on May 1 in each year as follows:
YEAR AMOUNT
1995 $ 25,000
1996 200,000
1997 200,000
1998 225,000
1999 225,000
2000 250,000
2001 275,000
2002 275,000
2003 325,000
2004 325,000
2005 375,000
2006 575,000
2007 625,000
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on
the bonds shall be payable in lawful money of the United States. Principal
shall be payable upon presentation and surrender of the bonds to the bond
registrar and paying agent as they severally mature. Interest shall be paid to
the registered owner of each bond as shown on the registration books at the
Commissioners Minutes Continued. May 13, 1993
178
close of business on the 15th day of the calendar month preceding the month in
which the interest payment is due. Interest shall be paid when due by check or
draft drawn upon and mailed by the bond registrar and paying agent to the
registered owner at the registered address.
4. PRIOR REDEMPTION. Bonds maturing prior to May 1, 2003, shall not be
subject to redemption prior to maturity. Bonds maturing on and after May 1,
2003, shall be subject to redemption prior to maturity upon the terms and
conditions set forth in the form of bond contained in Section 8 hereof.
5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall
designate, and may enter into an agreement with, a bond registrar and paying
agent for the bonds which shall be a bank or trust company located in the State
of Michigan which is qualified to act in such capacity under the laws of the
United States of America or the State of Michigan. The County Treasurer may
from time to time as required designate a similarly qualified successor bond
registrar and paying agent.
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be
executed in the name of the County by the facsimile signatures of the Chairman
of the Board of Commissioners and the County Clerk and authenticated by the
manual signature of an authorized representative of the bond registrar and
paying agent, and the seal of the County (or a facsimile thereof) shall be
impressed or imprinted on the bonds. After the bonds have been executed and
authenticated for delivery to the original purchaser thereof, they shall be
delivered by the County Treasurer to the purchaser upon receipt of the purchase
price. Additional bonds bearing the facsimile signatures of the Chairman of
the Board of Commissioners and the County Clerk and upon which the seal of the
County (or a facsimile thereof) is impressed or imprinted may be delivered to
the bond registrar and paying agent for authentication and delivery in
connection with the exchange or transfer of bonds. The bond registrar and
paying agent shall indicate on each bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to
the bond registrar and paying agent with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his duly authorized attorney, at the option of the
registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and
bearing the same rate of interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County, which
shall be kept for that purpose by the bond registrar and paying agent, upon
surrender of such bond together with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying
agent on behalf of the County shall cancel the surrendered bond and shall
authenticate and deliver to the transferee a new bond or bonds of any
authorized denomination of the same aggregate principal amount and maturity
date and bearing the same rate of interest as the surrendered bond. If, at the
time the bond registrar and paying agent authenticates and delivers a new bond
pursuant to this section, payment of interest on the bonds is in default, the
bond registrar and paying agent shall endorse upon the new bond the following:
"Payment of interest on this bond is in default. The last date to which
interest has been paid is __________________."
The County and the bond registrar and paying agent may deem and treat
the person in whose name any bond shall be registered upon the books of the
County as the absolute owner of such bond, whether such bond shall be overdue
or not, for the purpose of receiving payment of the principal of and interest
on such bond and for all other purposes, and all payments made to any such
registered owner, or upon his order, in accordance with the provisions of
Section 3 of this resolution shall be valid and effectual to satisfy and
discharge the liability upon such bond to the extent of the sum or sums so
Commissioners Minutes Continued. May 13, 1993
179
paid, and neither the County nor the bond registrar and paying agent shall be
affected by any notice to the contrary. The County agrees to indemnify and
save the bond registrar and paying agent harmless from and against any and all
loss, cost, charge, expense, judgment or liability incurred by it, acting in
good faith and without negligence hereunder, in so treating such registered
owner.
For every exchange or transfer of bonds, the County or the bond
registrar and paying agent may make a charge sufficient to reimburse it for any
tax, fee or other governmental charge required to be paid with respect to such
exchange or transfer, which sum or sums shall be paid by the person requesting
such exchange or transfer as a condition precedent to the exercise of the
privilege of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or
exchange bonds or portions of bonds which have been selected for redemption.
8. FORM OF BONDS. The bonds shall be in substantially the following
form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
WATERFORD IRON REMOVAL FACILITIES BONDS, SERIES 1993
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
July 1, 1993
Registered Owner:
Principal Amount:
The County of Oakland, State of Michigan (the "County") acknowledges
itself indebted to and for value received hereby promises to pay to the
Registered Owner identified above, or registered assigns, the Principal Amount
set forth above on the Maturity Date specified above, unless redeemed prior
thereto as hereinafter provided, upon presentation and surrender of this bond
at _________________________________________________________ in the city of
__________, Michigan, the bond registrar and paying agent, and to pay to the
Registered Owner, as shown on the registration books at the close of business
on the 15th day of the calendar month preceding the month in which an interest
payment is due, by check or draft drawn upon and mailed by the bond registrar
and paying agent by first class mail postage prepaid to the Registered Owner at
the registered address, interest on such Principal Amount from the Date of
Original Issue or such later date through which interest shall have been paid
until the County's obligation with respect to the payment of such Principal
Amount is discharged at the rate per annum specified above. Interest is
payable on the first days of May and November in each year, commencing on
May 1, 1994. 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
Three Million Nine Hundred Thousand Dollars ($3,900,000) issued by the County
under and pursuant to and in full conformity with the Constitution and Statutes
of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a
bond authorizing resolution adopted by the Board of Commissioners of the County
(the "Resolution") for the purpose of defraying part of the cost of acquiring,
constructing and financing the Waterford Water Supply System Iron Removal Water
Treatment Facilities (the "Project"). The bonds of this series are issued in
anticipation of payments to be made by the Charter Township of Waterford (the
"Township") in the aggregate principal amount of Three Million Nine Hundred
Thousand Dollars ($3,900,000) pursuant to a contract between the County and the
Township dated as of October 1, 1991 (the "Contract"). The anticipated
payments to be made by the Township pursuant to the Contract also secure in
part the County's Waterford Iron Removal Facilities Bonds, Series 1992-A issued
in the aggregate principal amount of $6,000,000 on July 1, 1992, to defray part
of the cost of acquiring and constructing the Project. The full faith and
Commissioners Minutes Continued. May 13, 1993
180
credit of the Township have been pledged to the prompt payment of the principal
amount of the bonds of this series and the interest thereon as the same become
due. As additional security the full faith and credit of the County have been
pledged for the prompt payment of the principal of and interest on the bonds of
this series. Taxes levied by the County and the Township to pay the principal
of and interest on the bonds of this series are subject to constitutional tax
limitations.
This bond is transferable, as provided in the Resolution, only upon the
books of the County kept for that purpose by the bond registrar and paying
agent, upon the surrender of this bond together with a written instrument of
transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his attorney duly authorized in writing. Upon the
exchange or transfer of this bond a new bond or bonds of any authorized
denomination, in the same aggregate principal amount and of the same interest
rate and maturity, shall be authenticated and delivered to the transferee in
exchange therefor as provided in the Resolution, and upon payment of the
charges, if any, therein provided. Bonds so authenticated and delivered shall
be in the denomination of $5,000 or any integral multiple thereof not exceeding
the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or
exchange bonds or portions of bonds which have been selected for redemption.
Bonds maturing prior to May 1, 2003, are not subject to redemption prior
to maturity. Bonds maturing on and after May 1, 2003, are subject to
redemption prior to maturity at the option of the County, in such order as
shall be determined by the County, on any one or more interest payment dates on
and after May 1, 2002. Bonds of a denomination greater than $5,000 may be
partially redeemed in the amount of $5,000 or any integral multiple thereof.
If less than all of the bonds maturing in any year are to be redeemed, the
bonds or portions of bonds to be redeemed shall be selected by lot. The
redemption price shall be the par value of the bond or portion of the bond
called to be redeemed plus interest to the date fixed for redemption and a
premium as follows:
1.0% of the par value if called for redemption
on or after May 1, 2002, but prior to
May 1, 2003;
0.5% of the par value if called for redemption
on or after May 1, 2003, but prior to
May 1, 2004;
No premium if called for redemption on or
after May 1, 2004.
Not less than thirty days' notice of redemption shall be given to the
holders of bonds called to be redeemed by mail to the registered holder at the
registered address. Bonds or portions of bonds called for redemption shall not
bear interest after the date fixed for redemption, provided funds are on hand
with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions
and things required to exist, happen and be performed precedent to and in the
issuance of the bonds of this series, existed, have happened and have been
performed in due time, form and manner as required by law, and that the total
indebtedness of said County, including the series of bonds of which this bond
is one, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of
Commissioners, has caused this bond to be executed in its name by facsimile
signatures of the Chairman of the Board of Commissioners and the County Clerk
and its corporate seal (or a facsimile thereof) to be impressed or imprinted
hereon. This bond shall not be valid unless the Certificate of Authentication
has been manually executed by an authorized representative of the bond
registrar and paying agent.
COUNTY OF OAKLAND
(SEAL)
By: __________________________ By:
__________________________
Commissioners Minutes Continued. May 13, 1993
181
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
_______________________________
The signature must be guaranteed by a commercial bank, a trust company or a
brokerage firm which is a member of a major stock exchange.
9. SECURITY. The bonds shall be issued in anticipation of payments to
be made by the Township pursuant to the Contract. Such payments also secure in
part the County's Waterford Iron Removal Facilities Bonds, Series 1992-A issued
on July 1, 1992, in the aggregate principal amount of $6,000,000. The bonds
shall be secured primarily by the full faith and credit pledge made by the
Township in the Contract pursuant to the authorization contained in Act 342.
As additional and secondary security the full faith and credit of the County
are pledged for the prompt payment of the principal of and interest on the
bonds as the same shall become due. If the Township shall fail to make
payments to the County which are sufficient to pay the principal of and
interest on the bonds as the same shall become due, an amount sufficient to pay
the deficiency shall be advanced from the general fund of the County.
10. DEFEASANCE. In the event cash or direct obligations of the United
States or obligations the principal of and interest on which are guaranteed by
the United States, or a combination thereof, the principal of and interest on
which, without reinvestment, come due at times and in amounts sufficient to
pay, at maturity or irrevocable call for earlier optional redemption, the
principal of, premium if any, and interest on the bonds, shall have been
deposited in trust, this resolution shall be defeased and the owners of the
bonds shall have no further rights under this resolution except to receive
payment of the principal of, premium if any, and interest on the bonds from the
cash or securities deposited in trust and the interest and gains thereon and to
transfer and exchange bonds as provided herein.
11. PRINCIPAL AND INTEREST FUND. There shall be established for the
bonds a Principal and Interest Fund which shall be kept in a separate bank
account. From the proceeds of the sale of the bonds there shall be set aside
in the Principal and Interest Fund any premium and accrued interest received
from the purchaser of the bonds at the time of delivery of the same. All
payments received from the Township pursuant to the Contract as amended are
pledged for payment of the principal of and interest on the bonds and expenses
incidental thereto and as received shall be placed in the Principal and
Interest Fund.
12. CONSTRUCTION FUND. The remainder of the proceeds of the sale of
the bonds shall be set aside in a construction fund and used to acquire and
Commissioners Minutes Continued. May 13, 1993
182
construct the Project in accordance with the provisions of the Contract.
13. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of
proof of ownership of an unmatured bond, of satisfactory evidence that the bond
has been lost, apparently destroyed or wrongfully taken and of security or
indemnity which complies with applicable law and is satisfactory to the County
Treasurer, the County Treasurer may authorize the bond registrar and paying
agent to deliver a new executed bond to replace the bond lost, apparently
destroyed or wrongfully taken in compliance with applicable law. In the event
an outstanding matured bond is lost, apparently destroyed or wrongfully taken,
the County Treasurer may authorize the bond registrar and paying agent to pay
the bond without presentation upon the receipt of the same documentation
required for the delivery of a replacement bond. The bond registrar and paying
agent, for each new bond delivered or paid without presentation as provided
above, shall require the payment of expenses, including counsel fees, which may
be incurred by the bond registrar and paying agent and the County in the
premises. Any bond delivered pursuant the provisions of this Section 13 in
lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the
same form and tenor and be secured in the same manner as the bond in
substitution for which such bond was delivered.
14. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain
Commissioner shall determine that it is not necessary to sell bonds in the
principal amount of Three Million Nine Hundred Thousand Dollars ($3,900,000),
he may by order reduce the principal amount of bonds to be sold to that amount
deemed necessary. In the event the principal amount of the bond issue is
reduced pursuant to this section, the County Drain Commissioner shall reduce
the amount of bonds maturing in any one or more years as necessary.
15. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY -- EXCEPTION FROM PRIOR
APPROVAL. The issuance and sale of the bonds shall be subject to permission
being granted therefor by the Department of Treasury of the State of Michigan
or an exception from prior approval being granted by the Department of Treasury
and the County Drain Commissioner and the County Treasurer are each hereby
severally authorized to file with the Department of Treasury a Notice of Intent
to Issue an Obligation with respect to the bonds and to pay, upon the filing of
said notice, the filing fee of $400. If an exception from prior approval is
not granted the County Drain Commissioner or the County Treasurer shall make
application to the Department of Treasury for permission to issue and sell the
bonds as provided by the terms of this resolution and for approval of the form
of Notice of Sale. The County Drain Commissioner and the County Treasurer are
each severally authorized to apply for such waivers from the Michigan
Department of Treasury as the County Drain Commissioner or the County Treasurer
deems appropriate in connection with the sale of the bonds.
16. REVISED ESTIMATE OF COST. The revised estimate of the cost of the
Project in the amount of $10,000,000, as submitted to this Board of
Commissioners, is approved and adopted.
17. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The
County Drain Commissioner is authorized to prescribe the form of notice of sale
for the bonds, to sell the bonds at not less than 99% of par plus accrued
interest in accordance with the laws of this state and to do all things
necessary to effectuate the sale, issuance, delivery, transfer and exchange of
the bonds in accordance with the provisions of this resolution.
The County Drain Commissioner is authorized to cause the
preparation of an official statement for the bonds to enable 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 bonds, the County will provide copies of a "final
official statement" (as defined in paragraph (e)(3) of the Rule) on a timely
basis and in reasonable quantity as requested by the successful bidder or
bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the
Rule and the rules of the Municipal Securities Rulemaking Board.
18. TAX COVENANT. The County covenants to comply with all requirements of the
Internal Revenue Code of 1986, as amended, necessary to assure that the
interest on the bonds will be and will remain excludable from gross income for
Commissioners Minutes Continued. May 13, 1993
183
federal income tax purposes. The County Drain Commissioner and other
appropriate County officials are authorized to do all things necessary
(including the making of covenants of the County) to assure that the interest
on the bonds will be and will remain excludable from gross income for federal
income tax purposes.
19. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar
as they may be in conflict herewith are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #93086)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF A SECOND
SERIES OF BONDS TO DEFRAY PART OF THE COST OF THE WATERFORD WATER SUPPLY SYSTEM
IRON REMOVAL WATER TREATMENT FACILITIES
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 #93086 and finds:
1) Miscellaneous Resolution #92013 authorized the contract between
Oakland County and the Waterford Township subject to the terms of Michigan
Public Act 342 of 1939 for constructing and financing of this project.
2) Miscellaneous Resolution #92105 authorized the sale of bonds
($6,000,000) for Phase I project costs.
3) Miscellaneous Resolution #93086 authorizes the issuance of tax-exempt
Act 342 bonds for Phase II project costs with the County pledging its full-
faith and credit as the secondary obligator. The primary obligor, the Township
of Waterford, pledges its full-faith and credit.
4) The aggregate principal not to exceed $3,900,000 at an interest rate
not to exceed 9% to be paid back within 20 years.
5) The statutory limit for County debt is $2,814,075,876 (10% of 1992
State Equalized Value). As of April 30, 1993, the outstanding debt is
$341,939,474.84 or approximately 1.2% of the S.E.V.
6) No financial impact to county funds is anticipated.
FINANCE COMMITTEE
Moved by Palmer supported by Miltner the resolution be adopted.
AYES: Law, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick,
Schmid, Taub, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Miscellaneous Resolution #93087
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO
DEFRAY PART OF THE COST OF THE CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM PAINT
CREEK INTERCEPTOR OAKLAND TOWNSHIP EXTENSION NO. 3
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") and the Township of Oakland
(the "Township") have entered into the Clinton-Oakland Sewage Disposal System
Paint Creek Interceptor Oakland Township Extension No. 3 Contract dated
December 1, 1991 (the "Contract") pursuant to the provisions of Act No. 342,
Public Acts of Michigan, 1939, as amended ("(Act 342"); and
WHEREAS the Contract provides for the issuance of bonds by the County to
defray the cost of acquiring and constructing the Oakland Township Extension
No. 3 said bonds to be secured by the contractual obligation of the Township to
pay to the County amounts sufficient to pay the principal of and interest on
Commissioners Minutes Continued. May 13, 1993
184
the bonds and to pay such paying agent fees and other expenses as may be
incurred on account of the bonds; and
WHEREAS it is in the best interest of the County of Oakland that the
bonds be issued and the project be acquired and constructed.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND
COUNTY, MICHIGAN, as follows:
1. AUTHORIZATION OF BONDS -- PURPOSE. Bonds of the County aggregating
the principal sum of Eight Hundred Fifty-Five Thousand Dollars ($855,000) shall
be issued and sold pursuant to the provisions of Act 342, and other applicable
statutory provisions, for the purpose of defraying part of the cost of
acquiring and constructing the Clinton-Oakland Sewage Disposal System Paint
Creek Interceptor Oakland Township Extension No. 3.
2. BOND DETAILS. The bonds shall be designated Oakland County Sewage
Disposal Bonds (Oakland Township Extension No. 3); shall be dated June 1, 1993;
shall be numbered from 1 upwards; shall be fully registered; shall be in the
denomination of $5,000 each or any integral multiple thereof not exceeding the
aggregate principal amount for each maturity at the option of the purchaser
thereof; shall bear interest at a rate or rates not exceeding 12% per annum to
be determined upon the sale thereof payable on March 1, 1994, and semi-annually
thereafter on the first days of March and September in each year; and shall
mature on March 1 in each year as follows:
1994 $ 45,000 1999 $100,000
1995 100,000 2000 100,000
1996 100,000 2001 105,000
1997 100,000 2002 105,000
1998 100,000
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest
on the bonds shall be payable in lawful money of the United States. Principal
shall be payable upon presentation and surrender of the bonds to the bond
registrar and paying agent as they severally mature. Interest shall be paid to
the registered owner of each bond as shown on the registration books at the
close of business on the 15th day of the calendar month preceding the month in
which the interest payment is due. Interest shall be paid when due by check or
draft drawn upon and mailed by the bond registrar and paying agent to the
registered owner at the registered address.
4. PRIOR REDEMPTION. Bonds maturing prior to March 1, 2000 shall not
be subject to redemption prior to maturity. Bonds maturing on and after March
1, 2000 shall be subject to redemption prior to maturity upon the terms and
conditions set forth in the form of bond contained in Section 8 hereof.
5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall
designate, and may enter into an agreement with, a bond registrar and paying
agent for the bonds which shall be a bank or trust company located in the State
of Michigan which is qualified to act in such capacity under the laws of the
United States of America or the State of Michigan. The County Treasurer may
from time to time as required designate a similarly qualified successor bond
registrar and paying agent.
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall
be executed in the name of the County by the facsimile signatures of the
Chairman of the Board of Commissioners and the County Clerk and authenticated
by the manual signature of an authorized representative of the bond registrar
and paying agent, and the seal of the County (or a facsimile thereof) shall be
impressed or imprinted on the bonds. After the bonds have been executed and
authenticated for delivery to the original purchaser thereof, they shall be
delivered by the County Treasurer to the purchaser upon receipt of the purchase
price. Additional bonds bearing the facsimile signatures of the Chairman of
the Board of Commissioners and the County Clerk and upon which the seal of the
County (or a facsimile thereof) is impressed or imprinted may be delivered to
the bond registrar and paying agent for authentication and delivery in
connection with the exchange or transfer of bonds. The bond registrar and
paying agent shall indicate on each bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof
to the bond registrar and paying agent with a written instrument of transfer
Commissioners Minutes Continued. May 13, 1993
185
satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his duly authorized attorney, at the option of the
registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and
bearing the same rate of interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County,
which shall be kept for that purpose by the bond registrar and paying agent,
upon surrender of such bond together with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and
paying agent on behalf of the County shall cancel the surrendered bond and
shall authenticate and deliver to the transferee a new bond or bonds of any
authorized denomination of the same aggregate principal amount and maturity
date and bearing the same rate of interest as the surrendered bond. If, at the
time the bond registrar and paying agent authenticates and delivers a new bond
pursuant to this section, payment of interest on the bonds is in default, the
bond registrar and paying agent shall endorse upon the new bond the following:
"Payment of interest on this bond is in default. The last date to which
interest has been paid is __________________."
The County and the bond registrar and paying agent may deem and treat
the person in whose name any bond shall be registered upon the books of the
County as the absolute owner of such bond, whether such bond shall be overdue
or not, for the purpose of receiving payment of the principal of and interest
on such bond and for all other purposes, and all payments made to any such
registered owner, or upon his order, in accordance with the provisions of
Section 3 of this resolution shall be valid and effectual to satisfy and
discharge the liability upon such bond to the extent of the sum or sums so
paid, and neither the County nor the bond registrar and paying agent shall be
affected by any notice to the contrary. The County agrees to indemnify and
save the bond registrar and paying agent harmless from and against any and all
loss, cost, charge, expense, judgment or liability incurred by it, acting in
good faith and without negligence hereunder, in so treating such registered
owner.
For every exchange or transfer of bonds, the County or the bond
registrar and paying agent may make a charge sufficient to reimburse it for any
tax, fee or other governmental charge required to be paid with respect to such
exchange or transfer, which sum or sums shall be paid by the person requesting
such exchange or transfer as a condition precedent to the exercise of the
privilege of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer
or exchange bonds or portions of bonds which have been selected for redemption.
8. FORM OF BONDS. The bonds shall be in substantially the following
form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY SEWAGE DISPOSAL BOND
(OAKLAND TOWNSHIP EXTENSION NO. 3)
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
June 1, 1993
Registered Owner
Principal Amount
The County of Oakland, State of Michigan (the "County") acknowledges
itself indebted to and for value received hereby promises to pay to the
Registered Owner identified above, or registered assigns, the Principal Amount
set forth above on the Maturity Date specified above, unless redeemed prior
thereto as hereinafter provided, upon presentation and surrender of this bond
at ______________ ___________________________________ in the City of ________,
Michigan, the bond registrar and paying agent, and to pay to the Registered
Commissioners Minutes Continued. May 13, 1993
186
Owner, as shown on the registration books at the close of business on the 15th
day of the calendar month preceding the month in which an interest payment is
due, by check or draft drawn upon and mailed by the bond registrar and paying
agent by first class mail postage prepaid to the Registered Owner at the
registered address, interest on such Principal Amount from the Date of Original
Issue or such later date through which interest shall have been paid until the
County's obligation with respect to the payment of such Principal Amount is
discharged at the rate per annum specified above. Interest is payable on the
first days of March and September in each year, commencing on March 1, 1994.
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
Eight Hundred Fifty-Five Thousand Dollars ($855,000) issued by the County under
and pursuant to and in full conformity with the Constitution and Statutes of
Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a bond
authorizing resolution adopted by the Board of Commissioners of the County (the
"Resolution") for the purpose of defraying part of the cost of acquiring and
constructing the Clinton-Oakland Sewage Disposal System Paint Creek Interceptor
Oakland Township Extension No. 3. The bonds of this series are issued in
anticipation of payments to be made by the Township of Oakland in the aggregate
principal amount of Eight Hundred Fifty-Five Thousand Dollars ($855,000)
pursuant to a contract between the County and the Township of Oakland dated as
of December 1, 1991. The full Faith and credit of the Township of Oakland have
been pledged to the prompt payment of the foregoing amount and the interest
thereon as the same become due. As additional security the full faith and
credit of the County have been pledged for the prompt payment of the principal
of and interest on the bonds of this series. Taxes levied by the Township of
Oakland for the payment of its obligations to the County and by the County to
pay the principal of and interest on the bonds of this series are subject to
constitutional tax rate limitations.
This bond is transferable, as provided in the Resolution, only upon the
books of the County kept for that purpose by the bond registrar and paying
agent, upon the surrender of this bond together with a written instrument of
transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his attorney duly authorized in writing. Upon the
exchange or transfer of this bond a new bond or bonds of any authorized
denomination, in the same aggregate principal amount and of the same interest
rate and maturity, shall be authenticated and delivered to the transferee in
exchange therefor as provided in the Resolution, and upon payment of the
charges, if any, therein provided. Bonds so authenticated and delivered shall
be in the denomination of $5,000 or any integral multiple thereof not exceeding
the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer
or exchange bonds or portions of bonds which have been selected for redemption.
Bonds maturing prior to March 1, 2000 are not subject to redemption
prior to maturity. Bonds maturing on and after March 1, 2000 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 March 1, 1999. Bonds of a denomination greater than $5,000 may be
partially redeemed in the amount of $5,000 or any integral multiple thereof.
If less than all of the bonds maturing in any year are to be redeemed, the
bonds or portions of bonds to be redeemed shall be selected by lot. The
redemption price shall be the par value of the bond or portion of the bond
called to be redeemed plus interest to the date fixed for redemption without a
premium.
Not less than thirty days' notice of redemption shall be given to the
holders of bonds called to be redeemed by mail to the registered holder at the
registered address. Bonds or portions of bonds called for redemption shall not
bear interest after the date fixed for redemption, provided funds are on hand
with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions
Commissioners Minutes Continued. May 13, 1993
187
and things required to exist, happen and be performed precedent to and in the
issuance of the bonds of this series, existed, have happened and have been
performed in due time, form and manner as required by law, and that the total
indebtedness of said County, including the series of bonds of which this bond
is one, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of
Commissioners, has caused this bond to be executed in its name by facsimile
signatures of the Chairman of the Board of Commissioners and the County Clerk
and its corporate seal (or a facsimile thereof) to be impressed or imprinted
hereon. This bond shall not be valid unless the Certificate of Authentication
has been manually executed by an authorized representative of the bond
registrar and paying agent.
COUNTY OF OAKLAND
(SEAL)
By: ______________________ By: _____________________________
County Clerk Chairman
Board of Commissioners
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned
Resolution.
_______________________________
Bond Registrar and Paying Agent
By: ___________________________
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
_________________________________________ (please print or type name, address
and taxpayer identification number of transferee) the within bond and all
rights thereunder and does hereby irrevocably constitute and appoint
________________________________________________________________attorney to
transfer the within bond on 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 bonds shall be issued in anticipation of payments to
be made by the Township of Oakland pursuant to the Contract. The bonds shall
be secured primarily by the full faith and credit pledge made by the Township
of Oakland in the Contract pursuant to the authorization contained in Act 342.
As additional and secondary security the full faith and credit of the County
are pledged for the prompt payment of the principal of and interest on the
bonds as the same shall become due. If the Township of Oakland shall fail to
make payments to the County which are sufficient to pay the principal of and
interest on the bonds as the same shall become due, an amount sufficient to pay
the deficiency shall be advanced from the general fund of the County.
10. DEFEASANCE. In the event cash or direct obligations of the United
States or obligations the principal of and interest on which are guaranteed by
the United States, or a combination thereof, the principal of and interest on
which, without reinvestment, come due at times and in amounts sufficient to
pay, at maturity or irrevocable call for earlier optional redemption, the
principal of, premium, if any, and interest on the bonds, or any portion
thereof, shall have been deposited in trust, this Bond Resolution shall be
defeased with respect to such bonds and the owners of such bonds shall have no
further rights under this Bond Resolution except to receive payment of the
principal of, premium, if any, and interest on such bonds from the cash or
securities deposited in trust and the interest and gains thereon and to
transfer and exchange bonds as provided herein.
Commissioners Minutes Continued. May 13, 1993
188
11. PRINCIPAL AND INTEREST FUND. There shall be established for the
bonds a Principal and Interest Fund which shall be kept in a separate bank
account. From the proceeds of the sale of the bonds there shall be set aside
in the Principal and Interest Fund any premium and accrued interest received
from the purchaser of the bonds at the time of delivery of the same. All
payments received from the Township of Oakland pursuant to the Contract are
pledged for payment of the principal of and interest on the bonds and expenses
incidental thereto and as received shall be placed in the Principal and
Interest Fund.
12. CONSTRUCTION FUND. The remainder of the proceeds of the sale of
the bonds shall be set aside in a construction fund and used to acquire and
construct the Clinton-Oakland Sewage Disposal System Paint Creek Interceptor
Oakland Township Extension No. 3 in accordance with the provisions of the
Contract.
13. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY -- EXCEPTION FROM
PRIOR APPROVAL. The issuance and sale of the bonds shall be subject to
permission being granted therefor by the Department of Treasury of the State of
Michigan or an exception from prior approval being granted by the Department
of Treasury and the County Drain Commissioner and the County Treasurer are each
hereby severally authorized to file with the Department of Treasury a Notice of
Intent to Issue an Obligation with respect to the bonds and to pay, upon the
filing of said notice, the filing fee of $400. If an exception from prior
approval is not granted the County Drain Commissioner or the County Treasurer
shall make application to the Department of Treasury for permission to issue
and sell the bonds as provided by the terms of this resolution and for approval
of the form of Notice of Sale.
14. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain
Commissioner shall determine that it is not necessary to sell bonds in the
principal amount of Eight Hundred Fifty-Five Thousand Dollars ($855,000), he
may by order reduce the principal amount of bonds to be sold to that amount
deemed necessary. In the event the principal amount of the bond issue is
reduced pursuant to this section, the County Drain Commissioner shall reduce
the amount of bonds maturing in any one or more years as necessary.
15. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of
proof of ownership of an unmatured bond, of satisfactory evidence that the bond
has been lost, apparently destroyed or wrongfully taken and of security or
indemnity which complies with applicable law and is satisfactory to the
Treasurer, the Treasurer may authorize the bond registrar and paying agent to
deliver a new executed bond to replace the bond lost, apparently destroyed or
wrongfully taken in compliance with applicable law. In the event an
outstanding matured bond is lost, apparently destroyed or wrongfully taken, the
Treasurer may authorize the bond registrar and paying agent to pay the bond
without presentation upon the receipt of the same documentation required for
the delivery of a replacement bond. The bond registrar and paying agent, for
each new bond delivered or paid without presentation as provided above, shall
require the payment of expenses, including counsel fees, which may be incurred
by the bond registrar and paying agent and the County in the premises. Any
bond delivered pursuant the provisions of this Section 15 in lieu of any bond
lost, apparently destroyed or wrongfully taken shall be of the same form and
tenor and be secured in the same manner as the bond in substitution for which
such bond was delivered.
16. REVISED ESTIMATE OF COST. The revised estimate of the cost of the
Clinton-Oakland Sewage Disposal System Paint Creek Interceptor Oakland Township
Extension No. 3, in the amount of $950,000, as submitted to this Board of
Commissioners, is approved and adopted.
17. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The
County Drain Commissioner is authorized to prescribe the form of notice of sale
for the bonds, to sell the bonds at not less than 98.5% of par plus accrued
interest in accordance with the laws of this state and to do all things
necessary to effectuate the sale, issuance, delivery, transfer and exchange of
the bonds in accordance with the provisions of this resolution.
18. TAX COVENANT. The County covenants to comply with all
Commissioners Minutes Continued. May 13, 1993
189
requirements of the Internal Revenue Code of 1986, as amended, necessary to
assure that the interest on the bonds will be and will remain excludable from
gross income for federal income tax purposes. The County Drain Commissioner
and other appropriate County officials are authorized to do all things
necessary (including the making of covenants of the County) to assure that the
interest on the bonds will be and will remain excludable from gross income for
federal income tax purposes.
19. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions
insofar as they may be in conflict herewith are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #93087)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO
DEFRAY PART OF THE COST OF THE CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM PAINT
CREEK INTERCEPTOR OAKLAND TOWNSHIP EXTENSION NO. 3
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 #93087 and finds:
1) Miscellaneous Resolution #92014 authorized the contract between
Oakland County and the Township of Oakland subject to the terms of Michigan
Public Act 342 of 1939 for constructing and financing of this project.
2) This resolution authorizes the issuance of tax-exempt Act 342 bonds
for project costs with the County pledging its full-faith and credit as the
secondary obligator. The primary obligor, the Township of Oakland, pledges its
full-faith and credit.
3) The aggregate principal not to exceed $855,000 at an interest rate not
to exceed 12% to be paid back within 20 years.
4) The statutory limit for County debt is $2,814,075,876 (10% of 1992
State Equalized Value). As of April 30, 1993, the outstanding debt is
$341,739,474.84 or approximately 1.2% of the S.E.V.
5) No financial impact to county funds is anticipated.
FINANCE COMMITTEE
Moved by Palmer supported by Pernick the resolution be adopted.
AYES: McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick,
Schmid, Taub, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
REPORT (Misc. #93075)
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: MISCELLANEOUS RESOLUTION #93075, DRAIN COMMISSIONER - TRANSFER OF WATER
& SEWAGE OPERATIONS DIVISION FROM THE DEPARTMENT OF PUBLIC WORKS TO THE DRAIN
COMMISSIONER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having received the above referenced
resolution, reports that the resolution was improperly referred as there are no
legislative changes necessary.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
REPORT (Misc. #93075)
Commissioners Minutes Continued. May 13, 1993
190
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: MR 93075 DRAIN COMMISSIONER - TRANSFER OF WATER & SEWAGE OPERATIONS
DIVISION FROM THE DEPARTMENT OF PUBLIC WORKS TO THE DRAIN COMMISSIONER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above
referenced resolution on May 4, 1993, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
REPORT (MISC. #93075)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: MR 93075 Drain Commissioner - Transfer of Water & Sewage Operations
from the Department of Public Works to the Drain Commissioner
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced
resolution on May 5, 1993, reports with the recommendation that the resolution
be adopted with the following amendments:
1) Delete the second BE IT FURTHER RESOLVED paragraph
2) Add the following new paragraph:
BE IT FURTHER RESOLVED that the implementation of this
resolution and the resultant consolidation of
functions will require a subsequent Personnel
Committee resolution recommending and approving the
details of the reorganization of personnel and transfer
of positions.
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
REPORT TO BOARD OF COMMISSIONERS (Misc. #93075)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER-TRANSFER OF WATER & SEWAGE OPERATIONS DIVISION FROM
THE DEPARTMENT OF PUBLIC WORKS TO THE DRAIN COMMISSIONER
The Finance Committee has reviewed the proposed resolution and finds
that its implementation and the resultant consolidation of functions will
require further Board resolutions detailing the reorganization and transfer of
positions. Budget Amendments will be presented at a later date, in conjunction
with further action by the Personnel Committee and/or other committees of the
Board.
Further, the Finance Committee recommends that the recommendations
outlined in the attached Personnel Committee Report, be adopted, with the two
minor changes shown.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION (#93075)
BY: Charles Palmer, Commissioner, District 16
IN RE: DRAIN COMMISSIONER - TRANSFER OF WATER & SEWAGE OPERATIONS DIVISION
FROM THE DEPARTMENT OF PUBLIC WORKS TO THE DRAIN COMMISSIONER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland has heretofore established a public
improvement agency with the Oakland County Drain Commissioner designated as the
County Agent pursuant to Public Act 342 of 1939, as amended; and
WHEREAS pursuant to Public Act 185 of 1957, as amended, the Oakland
County Executive, through the Water & Sewage Operations Division of the
Department of Public Works, administers, operates and maintains three major
Commissioners Minutes Continued. May 13, 1993
191
County sewage disposal districts serving twenty-eight (28) communities in
Oakland County, including:
Evergreen-Farmington District
Clinton-Oakland District, and
Huron-Rouge District,
as well as provides operation and maintenance service to fourteen (14) local
communities for water supply and sixteen (16) communities for sewer services,
acting as the communities' Water & Sewer Department for approximately 51,000
retail customers; and
WHEREAS the function of the Drain Commissioner is to supervise and
administer the construction of new storm drains and, as an Agent for the County
of Oakland by designation of the Board of Commissioners, supervise and
administer the construction and operation of sewer and water projects for local
units of government within the County; and
WHEREAS the County Board of Commissioners is authorized by Section 12
of Public Act 139 of 1973, as amended, to delegate additional powers and
functions to the Drain Commissioner and the combination of powers, duties and
functions set forth herein is consistent with this authorization; and
WHEREAS Section 14(a) of Public Act 139 of 1973, as amended, requires
that the Board of Commissioners, upon the affirmative recommendation of the
County Executive, hold a public hearing prior to acting to combine the powers,
duties and functions of Public Act 185 of 1957, as amended, and Public Act 342
of 1939, as amended, into one County department headed by the Drain
Commissioner; and
WHEREAS the County Executive believes that the subject consolidation of
the various drain, sewer and water functions into a single County department
headed by the Drain Commissioner is in the best interests of the County, and
therefore, makes an affirmative recommendation for this action; and
WHEREAS the Drain Commissioner concurs with the foregoing
recommendation; and
WHEREAS in order to perform these functions, the Drain Commissioner
must utilize positions which are currently authorized within the Department of
Public Works.
NOW THEREFORE BE IT RESOLVED that, pursuant to the authorization
provided in Sections 12 and 14 of Public Act 139 of 1973, as amended, the
Oakland County Board of Commissioners hereby directs that a public hearing be
held for the purpose of receiving public comments as to whether the powers,
duties and functions of Public Act 185 of 1957, as amended, and Public Act 342
of 1939, as amended, should be combined into one County Department headed by
the Drain Commissioner.
BE IT FURTHER RESOLVED that by adoption of this resolution, after
completion of the public hearing, the Oakland County Board of Commissioners
hereby combines the powers, duties and functions of Public Act 185 of 1957, as
amended, and Public Act 342 of 1939, as amended, into one County department
headed by the Drain Commissioner.
BE IT FURTHER RESOLVED that the County Executive is hereby authorized
to take all such administrative acts as may be necessary to implement this
resolution.
Chairperson, I move adoption of the foregoing resolution.
Charles Palmer
Commissioner, District 16
Moved by Palmer supported by Miltner the Personnel, Finance and
Planning and Building Committee Reports by accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Palmer supported by Miltner the resolution be adopted.
AYES: McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Schmid,
Taub, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch. (21)
Commissioners Minutes Continued. May 13, 1993
192
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
Drain Commissioner George Kuhn addressed the board.
MISCELLANEOUS RESOLUTION #93088
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR CROWD/TRAFFIC CONTROL AT THE NEW
PINE KNOB MUSIC THEATRE - 1993 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Arena Associates, Inc., the operator of a summer theatre
facility called "The New Pine Knob," has requested the Oakland County Sheriff's
Department to supply Patrol Officers for crowd and traffic control for the
upcoming 1993 season; and
WHEREAS the Sheriff's Department has agreed to supply such Patrol
Officers as available on an overtime hourly basis, the number of man-hours to
be determined by the Sheriff's Department; and
WHEREAS the County of Oakland shall be reimbursed for such services by
Arena Associates at the hourly overtime rates for the 1993 season as was
established by Miscellaneous Resolution #91181.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the execution of the attached contract consistent with
the provisions contained therein.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Agreement on file in County Clerk's office.
Moved by Obrecht supported by Kingzett the resolution be adopted.
AYES: Miltner, Oaks, Obrecht, Palmer, Pernick, Schmid, Taub, Aaron,
Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch. (20
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93089
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR CROWD/TRAFFIC CONTROL AT THE
MEADOWBROOK MUSIC THEATRE - 1993 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Olympia Arenas, Inc., the operator of a summer theatre facility
called "The Meadowbrook Music Theatre," has requested the Oakland County
Sheriff's Department to supply Patrol Officers for crowd and traffic control
for the upcoming 1993 season; and
WHEREAS the Sheriff's Department has agreed to supply such Patrol
Officers as available on an overtime hourly basis, the number of man-hours to
be determined by the Sheriff's Department; and
WHEREAS the County of Oakland shall be reimbursed for such services by
Olympia Arenas, Inc., at the hourly overtime rates for the 1993 season, as was
established by Miscellaneous Resolution #91181.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the execution of the attached contract consistent with
provisions contained therein.
On behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
Commissioners Minutes Continued. May 13, 1993
193
PUBLIC SERVICES COMMITTEE
Agreement on file in County Clerk's office.
Moved by Obrecht supported by Law the resolution be adopted.
AYES: Oaks, Obrecht, Palmer, Pernick, Schmid, Taub, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, Miltner. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93090
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR CROWD/TRAFFIC CONTROL AT THE
MICHIGAN RENAISSANCE FESTIVAL - 1993 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Michigan Renaissance Festival, the operator of a summer theatre
facility by the same name, has requested the Oakland County Sheriff's
Department to supply Patrol Officers for crowd and traffic control for the
upcoming 1993 season; and
WHEREAS the Sheriff's Department has agreed to supply such Patrol
Officers as available on an overtime hourly basis, the number of man-hours to
be determined by the Sheriff's Department; and
WHEREAS the County of Oakland shall be reimbursed for such services by
Michigan Renaissance Festival at the hourly overtime rates for the 1993 season,
as was established b Miscellaneous Resolution #91181.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the execution of the attached contract consistent with
provisions contained therein.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Public Services
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #93091
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF DEPARTMENT - CONTRACTED PATROL FOR CAMP DEARBORN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to
permit the Sheriff's Department to enter into contractual agreements for the
purpose of Law Enforcement Patrol Services; and
WHEREAS the City of Dearborn has proposed a contract between the County
and the City of Dearborn for law enforcement patrol services for the period
June 15, 1993 through September 7, 1993; and
WHEREAS the Sheriff's Department in conjunction with the City of
Dearborn is proposing to continue contracting for services per the attached
agreement for one (1) Deputy II, four (4) Deputy I's, and ten (10) Part-Time
Non-Eligible Park Deputies; and
WHEREAS Miscellaneous Resolution #92112 established the rates for these
services for the 1992 and 1993 seasons and authorized the Chairperson of the
Board of Commissioners and the Sheriff to enter into an agreement that covered
1992 but not for 1993.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners Minutes Continued. May 13, 1993
194
Commissioners authorizes the Chairperson of the Board and the Oakland County
Sheriff to enter into the attached agreement with the City of Dearborn for the
purpose of Law Enforcement Patrol Service at the rates included in the attached
Schedule A which are consistent with the rates established for 1993 in
Miscellaneous Resolution #92112.
Chairperson, on behalf of the Public Service Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Schedules A and B and Agreement for Law Enforcement Services on
file in County Clerk's office.
Moved by Obrecht supported by McCulloch the resolution be adopted.
AYES: Obrecht, Palmer, Pernick, Schmid, Taub, Aaron, Crake, Dingeldey,
Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, Miltner, Oaks. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
In accordance with Rule XXII, the following referrals were made by the
Chairperson:
FINANCE
a. City of Birmingham-Oppose County Funding-New 52-5 (sic) District
Court
GENERAL GOVERNMENT
a. Antrim County Bd. of Comm.-Support Tax Shirts & Maintain County Tax
Revenues
b. Antrim County Bd. of Comm.-Amend Recall Statute
c. City of Birmingham-Oppose County Funding-New 52-5 (sic) District
Court
d. Saginaw County-State Office of Health & Human Resource Cabinet
e. Hazel Park-Support SB 85-Creation of a Regional Sewer & Water
Authority Act
f. West Bloomfield-Support SB 85-Creation of a Regional Sewer & Water
Authority Act
g. Tuscola County-Support State Funding of County Revenue Loss Caused
by Tax Shifts
PLANNING & BUILDING
a. City of Birmingham-Oppose County Funding-New 52-5 (sic) District
Court
b. Hazel Park-Support SB 85-Creation of a Regional Sewer & Water
Authority Act
c. West Bloomfield-Support SB 85-Creation of a Regional Sewer & Water
Authority Act
PUBLIC SERVICES
a. City of Birmingham-Oppose County Funding-New 52-5 (sic) District
Court
b. Michigan Bell-911 Charges
OTHERS
Ruel McPherson
a. City of Hazel Park-Development Plan & Tax Increment Financing Plan
for the John R-9 Mile Shopping Center Project
Treasurer
a. City of Hazel Park-Development Plan & Tax Increment Financing Plan
for the John R-9 Mile Shopping Center Project
Commissioners Minutes Continued. May 13, 1993
195
There were no objections to the referrals.
The Chairperson stated the next meeting of the Board will be May 27,
1993 at 9:30 A.M. The Board adjourned at 9:57 A.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson