HomeMy WebLinkAboutMinutes - 1994.04.14 - 8166
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OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
April 14, 1994
Meeting called to order by Chairperson Larry Crake at 9:41 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,
Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf.
(25)
ABSENT: None. (0)
Quorum Present.
Invocation given by Commissioner Shelley Taub.
Pledge of Allegiance to the Flag.
Moved by Schmid supported by Pernick the minutes of the March 10, 1994
and March 24, 1994 Board meetings be approved, as printed.
A sufficient majority having voted therefor, the motion carried.
Moved by Schmid supported by Pernick the rules be suspended and the
agenda amended, as follows:
ITEMS ON PRINTED AGENDA
PLANNING AND BUILDING COMMITTEE
b. Drain Commissioner - Extension of Contract with Former County
Employee - Thomas Ebersbach
c. Drain Commissioner - Extension of Contract with Former County
Employee - Edward Micol
(Reason for suspension for both Planning and Building items -
Waiver of Rule XII-E - Direct referral to the Finance Committee)
f. Parks and Recreation Commission - Acceptance of Grant for
Acquisition of Additional Acreage at Lyon Oaks County Park
(Reason for suspension: Waiver of Rule XI-A.8. - Not processed in
accordance with the County's grants procedure)
ITEMS NOT ON PRINTED AGENDA
FINANCE COMMITTEE
J. Community Corrections Plan - Approval and Funding by the State
Office of Community Corrections (OCC)
(Reason for suspension: Waiver of Rule XII - Procedure to Bring
Matters before the Board)
Vote on suspension of rules:
AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron. (24)
NAYS: None. (0)
Commissioners Minutes Continued. April 14, 1994
182
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Commissioner Eugene Kaczmar addressed the Board.
MISCELLANEOUS RESOLUTION #94092
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: COMMUNITY DEVELOPMENT DIVISION - 1994 EMERGENCY SHELTER GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the County of Oakland, in accordance with Miscellaneous
Resolution #89105, filed application for Emergency Shelter Grant funds in the
amount of $119,000 for the period of July 1, 1994 through June 30, 1995; and
WHEREAS the U.S. Department of Housing and Urban Development has awarded
Oakland County Emergency Shelter Grant funding in the amount of $119,000 for
the 1994 fiscal year, the same amount as the application, which is detailed in
the attached schedule; and
WHEREAS this grant is 100 percent federally funded and no County funds
are required; and
WHEREAS the attached grant agreement has been reviewed and approved in
accordance with the County Executive's contract review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commission-
ers accepts the 1994 Emergency Shelter Grant award in the amount of $119,000
and the Chairperson of the Oakland County Board of Commissioners is authorized
to execute this grant agreement.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board
of Commissioners is authorized to approve minor changes and contract
extensions, not to exceed 15 percent variance, which are consistent with the
grant agreement as approved.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Emergency Shelter Grants Program Grant Agreement on file in
County Clerk's office.
Moved by McCulloch supported by Aaron the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94093
BY: Finance Committee, John McCulloch, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 1993
TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS ad valorem real property taxes are imposed by the County and the
local taxing units within the County on July 1 and/or December 1 of each year;
and
WHEREAS a certain portion of these taxes remain unpaid and uncollected on
March 1 of the year following assessment, at which time they are returned
delinquent to the County's treasurer (the "Treasurer"); and
WHEREAS the Treasurer is bound to collect all delinquent taxes, interest
and property tax administration fees that would otherwise be payable to the
local taxing units within the County; and
Commissioners Minutes Continued. April 14, 1994
183
WHEREAS the statutes of the State of Michigan authorize the County to
establish a fund, in whole or in part from borrowed proceeds, to pay local
taxing units within the County their respective shares of delinquent ad valorem
real property taxes in anticipation of the collection of those taxes by the
Treasurer; and
WHEREAS the County Board of Commissioners (the "Board") has adopted a
resolution authorizing the County's Delinquent Tax Revolving Fund (the
"Revolving
Fund Program"), pursuant to Section 87b of Act No. 206, Michigan Public Acts of
1893, as amended ("Act 206"); and
WHEREAS such fund has been established to provide a source of monies from
which the Treasurer may pay any or all delinquent ad valorem real property
taxes that are due the County, and any city, township, school district,
intermediate school district, community college district, special assessment
district, drainage district, or other political unit within the geographical
boundaries of the County participating in the County's Revolving Fund Program
pursuant to Act 206 ("local units"); and
WHEREAS the Treasurer is authorized under Act 206, and has been directed
by the Board, to make such payments with respect to delinquent ad valorem real
property taxes (including the property tax administration fees assessed under
subsection (6) of Section 44 of Act 206) owed in 1993 to the County and the
local units (collectively, the "taxing units") that will have remained unpaid
on March 1, 1994 and the Treasurer is authorized to pledge these amounts in
addition to any amounts not already pledged for repayment of prior series of
notes (or after such prior series of notes are retired as a secondary pledge)
all as the Treasurer shall specify in an order when the notes authorized
hereunder are issued (the "Delinquent Taxes"); and
WHEREAS the Board has determined that in order to raise sufficient monies
to adequately fund the Revolving Fund, the County must issue its 1994 General
Obligation Limited Tax Notes, in one or more series, in accordance with
Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206 and on the terms and
conditions set forth below.
NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners
as follows:
I.
GENERAL PROVISIONS
101. Establishment of 1994 Revolving Fund. In order to implement the
continuation of the Revolving Fund Program and in accordance with Act 206, the
County hereby establishes a 1994 Delinquent Tax Revolving Fund (the "Revolving
Fund") as a separate and segregated fund within the existing Delinquent Tax
Revolving Fund of the County previously established by the Board pursuant to
Section 87b of Act 206.
102. Issuance of Notes. The County shall issue its 1994 General
Obligation Limited Tax Notes in one or more series (the "Notes"), in accordance
with this Resolution and Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206,
payable in whole or in part from the Delinquent Taxes and/or from the other
sources specified below.
103. Aggregate Amount of Notes.
(a) The Notes shall be issued in an aggregate amount to be
determined by the Treasurer in accordance with this Section.
(b) The aggregate amount of the Notes shall not be less than the
amount by which the actual or estimated Delinquent Taxes exceeds (i) the
County's participating share of Delinquent Taxes, and (ii) any sums otherwise
available to fund the Tax Payment Account established under Section 702
(including any monies held in respect of Section 704(c)).
(c) The aggregate amount of the Notes shall not be greater than
the sum of (i) the actual amount of the Delinquent Taxes pledged to the payment
of debt service on the Notes, plus (ii) the amount determined by the Treasurer
to be allocated to a reserve fund. Original proceeds of the Notes devoted to a
reserve fund shall not exceed the lesser of (A) the amount reasonably required
for those of the Notes secured by the reserve fund, (B) 10% of the proceeds of
such Notes, (C) the maximum amount of annual debt service on such Notes, or (D)
Commissioners Minutes Continued. April 14, 1994
184
125% of average annual debt service on such Notes.
(d) The aggregate amount of the Notes shall be designated by the
Treasurer by written order after (i) the amount of the Delinquent Taxes, or the
amount of Delinquent Taxes to be funded by the issuance of the Notes, has been
estimated or determined, and (ii) the amount of the reasonably required reserve
fund has been calculated. Delinquent Taxes shall be estimated based on
delinquencies experienced during the past three fiscal years and on demographic
and economic data relevant to the current tax year, and shall be determined
based on certification from each of the taxing units. The amount of the
reasonably required reserve fund shall be calculated pursuant to such analyses
and certificates as the Treasurer may request.
104. Proceeds. If the Notes are issued and sold before the Treasurer
has received certification from the taxing units of the amount of the
Delinquent Taxes and if such certification is not reasonably anticipated to
occur to allow distribution of the proceeds of the Notes within 20 days after
the date of issue, the proceeds of the Notes shall be deposited in the County's
1994 Delinquent Tax Project Account and thereafter used to fund the whole or a
part of the County's 1994 Tax Payment Account, 1994 Note Reserve Account and/or
1994 Note Payment Account, subject to and in accordance with Article VII. If
the Notes are issued and sold on or after such time, the proceeds of the Notes
shall be deposited directly into the County's 1994 Tax Payment Account, 1994
Note Reserve Account and/or 1994 Note Payment Account, as provided in Article
VII.
105. Treasurer's Order Authorizing Notes and Establishing Delinquent
Taxes. At or prior to the time any Notes are issued pursuant to this
resolution, the Treasurer, as authorized by Act 206, may issue a written order
specifying the amount and character of the Delinquent Taxes, the Article or
Articles under which the Notes are being issued and any other matters subject
to the Treasurers control under either this resolution or Act 206.
II.
FIXED MATURITY NOTES
201. Authority. At the option of the Treasurer, exercisable by written
order, Notes may be issued in accordance with this Article II. All reference
to "Notes" in Article II refers only to Notes issued pursuant to Article II,
unless otherwise specified.
202. Date. The Notes shall be dated as of the date of issue or as of
such earlier date specified by written order of the Treasurer.
203. Maturity and Amounts. Notes issued pursuant to this Article II
shall be structured in accordance with subsections (a) or (b) below as
determined by the Treasurer pursuant to written order.
(a) The first maturity of the Notes or of a series of the Notes
shall be determined by the Treasurer pursuant to written order, but shall not
be later than two years after the date of issue. Later maturities of the Notes
shall be on the first anniversary of the preceding maturity or on such earlier
date as the Treasurer may specify by written order. The Notes shall be
structured with the number of maturities determined by the Treasurer to be
necessary or appropriate, and the last maturity shall be scheduled for no later
than the fourth anniversary of the date of issue. The amount of each maturity
shall be set by the Treasurer when the amount of Delinquent Taxes is determined
by the Treasurer or when a reliable estimate of the Delinquent Taxes is
available to the Treasurer. In determining the exact amount of each maturity
the Treasurer shall consider the schedule of delinquent tax collections
prepared for the tax years 1989, 1990, 1991, 1992 and, if available, 1993, and
the corollary schedule setting forth the anticipated rate of collection of
those Delinquent Taxes which are pledged to the repayment of the Notes. The
amount of each maturity and the scheduled maturity dates of the Notes shall be
established to take into account the dates on which the Treasurer reasonably
anticipates the collection of such Delinquent Taxes and shall allow for no more
than a 10% variance between the debt service payable on each maturity date.
The Notes, and the anticipated amount of pledged monies available on such
maturity date to make payment of such debt service.
Commissioners Minutes Continued. April 14, 1994
185
(b) Alternatively, the Notes or a series of the Notes may be
structured with a single stated maturity falling not later than the fourth
anniversary of the date of issue. Notes issued under this subsection (b) shall
be subject to redemption on such terms consistent with Section 209 as shall be
ordered by the Treasurer, but in no event shall such Notes be subject to
redemption less frequently than annually.
204. Interest Rate and Date of Record.
(a) Except as otherwise provided in this paragraph, Notes issued
pursuant to subsection (a) of Section 203 shall bear interest payable semi-
annually, with the first interest payment to be payable (i) on the first date,
after issuance, corresponding to the day and month on which the maturity of
such Notes falls, or (ii) if the Treasurer so orders, six months before such
date. In the event (i) any maturity of the Notes arises either less than six
months before the succeeding maturity date or less than six months after the
preceding maturity date and (ii) the Treasurer so orders in writing, interest
on the Notes shall be payable on such succeeding or preceding maturity date.
Subject to the following sentence, Notes issued pursuant to subsection (b) of
Section 203 shall, pursuant to written order of the Treasurer, bear interest
monthly, quarterly, or semiannually, as provided by written order of the
Treasurer. If Notes issued under this Article II are sold with a variable rate
feature as provided in Article IV, such Notes may, pursuant to written order of
the Treasurer, bear interest weekly, monthly, quarterly or on any put date, or
any combination of the foregoing, as provided by written order of the
Treasurer.
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the
registered owner of each Note as of the applicable date of record, provided,
however, that the Treasurer may agree with the Registrar (as defined below) on
a different method of payment.
(d) Subject to Section 403 in the case of variable rate Notes,
the date of record shall be not fewer than 14 nor more than 31 days before the
date of payment, as designated by the Treasurer prior to the sale of the Notes.
205. Note Form. The form of Note shall be consistent with the
prescriptions of this Resolution and shall reflect all material terms of the
Notes. Unless the Treasurer shall by written order specify the contrary, the
Notes shall be issued in fully registered form both as to principal and
interest, registrable upon the books of a note registrar (the "Registrar") to
be named by the Treasurer. If the Notes are issued in bearer form the
Treasurer shall appoint a paying agent (the "Paying Agent"). (The Registrar or
Paying Agent so named may be any bank or trust company or other entity,
including the County, offering the necessary services pertaining to the
registration and transfer of negotiable securities.)
206. Denominations and Numbers. The Notes shall be issued in one or
more denomination or denominations of $1,000 each or any integral multiple of
$1,000 in excess of $1,000, as determined by the Treasurer. Notwithstanding
the foregoing, however, in the event the Notes are deposited under a book entry
depository trust arrangement pursuant to Section 208, the Notes shall, if
required by the depository trustee, be issued in denominations of $5,000 each
or any integral multiple of $5,000. The Notes shall be numbered from one
upwards, regardless of maturity, in such order as the Registrar shall
determine.
207. Transfer or Exchange of Notes.
(a) Notes issued in registered form shall be transferrable on a
note register maintained with respect to the Notes upon surrender of the
transferred Note, together with an assignment executed by the registered owner
or his or her duly authorized attorney-in-fact in form satisfactory to the
Registrar. Upon receipt of a properly assigned Note, the Registrar shall
authenticate and deliver a new Note or Notes in equal aggregate principal
amount and like interest rate and maturity to the designated transferee or
transferees.
(b) Notes may likewise be exchanged for one or more other Notes
with the same interest rate and maturity in authorized denominations
Commissioners Minutes Continued. April 14, 1994
186
aggregating the same principal amount as the Note or Notes being exchanged,
upon surrender of the Note or Notes and the submission of written instructions
to the Registrar or, in the case of bearer Notes, to the Paying Agent. Upon
receipt of a Note with proper written instructions the Registrar or Paying
Agent shall authenticate and deliver a new Note or Notes to the owner thereof
or to owner's attorney-in-fact.
(c) Any service charge made by the Registrar or Paying Agent for
any such registration, transfer or exchange shall be paid for by the County as
an expense of borrowing, unless otherwise agreed by the Treasurer and the
Registrar or Paying Agent. The Registrar or Paying Agent may, however, require
payment by a noteholder of a sum sufficient to cover any tax or other
governmental charge payable in connection with any such registration, transfer
or exchange.
208. Book Entry Depository Trust. At the option of the Treasurer, and
notwithstanding any contrary provision of Section 212, the Notes may be
deposited, in whole or in part, with a depository trustee designated by the
Treasurer who shall transfer ownership of interests in the Notes by book entry
and who shall issue depository trust receipts or acknowledgments to owners of
interests in the Notes. Such book entry depository trust arrangement, and the
form of depository trust receipts or acknowledgments, shall be as determined by
the Treasurer after consultation with the depository trustee. The Treasurer is
authorized to enter into any depository trust agreement on behalf of the County
upon such terms and conditions as the Treasurer shall deem appropriate and not
otherwise prohibited by the terms of this Resolution. The depository trustee
may be the same as the Registrar otherwise named by the Treasurer, and the
Notes may be transferred in part by depository trust and in part by transfer of
physical certificates as the Treasurer may determine.
209. Redemption.
(a) Subject to the authority granted the Treasurer pursuant to
subsection (c) of this Section (in the case of fixed rate Notes) and to the
authority granted the Treasurer pursuant to Section 404 (in the case of
variable rate Notes), the Notes or any maturity or maturities of the Notes
shall be subject to redemption prior to maturity on the terms set forth in
subsection (b) below.
(b) Notes scheduled to mature after the first date on which any
Notes of the series are scheduled to mature shall be subject to redemption, in
inverse order of maturity, on each interest payment date arising after the date
of issue.
(c) If the Treasurer shall determine such action necessary to
enhance the marketability of the Notes or to reduce the interest rate to be
offered by perspective purchasers on any maturity of the Notes, the Treasurer
may, by written order prior to the issuance of such Notes, (i) designate some
or all of the Notes as non-callable, regardless of their maturity date, and/or
(ii) delay the first date on which the redemption of callable Notes would
otherwise be authorized under subsection (b) above.
(d) Notes of any maturity subject to redemption may be redeemed
before their scheduled maturity date, in whole or in part, on any permitted
redemption date or dates, subject to the written order of the Treasurer. Notes
called for redemption shall be redeemed at par, plus accrued interest to the
redemption date, plus, if the Treasurer so orders, a premium of not more than
1%. Redemption may be made by lot or pro rata, as shall be determined by the
Treasurer.
(e) With respect to partial redemptions, any portion of a Note
outstanding in a denomination larger than the minimum authorized denomination
may be redeemed, provided such portion as well as the amount not being redeemed
constitute authorized denominations. In the event less than the entire
principal amount of a Note is called for redemption, the Registrar or Paying
Agent shall, upon surrender of the Note by the owner thereof, authenticate and
deliver to the owner a new Note in the principal amount of the principal
portion not redeemed.
(f) Notice of redemption shall be by first class mail 30 days
prior to the date fixed for redemption, or such shorter time prior to the date
Commissioners Minutes Continued. April 14, 1994
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fixed for redemption as may be consented to by the holders of all outstanding
Notes to be called for redemption. Such notice shall fix the date of record
with respect to the redemption if different than otherwise provided in this
Resolution. Any defect in any notice shall not affect the validity of the
redemption proceedings. Notes so called for redemption shall not bear interest
after the date fixed for redemption, provided funds are on hand with a paying
agent to redeem the same.
210. Discount. At the option of the Treasurer, the Notes may be
offered for sale at a discount not to exceed 2%.
211. Public or Private Sale. The Treasurer may, at the Treasurer's
option, conduct a public sale of the Notes after which sale the Treasurer shall
either award the Notes to the lowest bidder or reject all bids. The conditions
of sale shall be as specified in a published Notice of Sale prepared by the
Treasurer announcing the principal terms of the Notes and the offering.
Alternatively, the Treasurer may, at the Treasurer's option, negotiate a
private sale of the Notes as provided in Act 206. If required by law, or if
otherwise determined by the Treasurer to be in the best interest of the County,
(a) the Notes shall be rated by a national rating agency selected by the
Treasurer, (b) a good faith deposit shall be required of the winning bidder,
and/or (c) CUSIP numbers shall be assigned to the Notes. If a public sale is
conducted or if otherwise required by law or the purchaser of the Notes, the
Treasurer shall prepare or cause to be prepared and disseminated an offering
memorandum or official statement containing all material terms of the offer and
sale of the Notes. Pursuant to any sale of the Notes, the County shall make
such filings, shall solicit such information and shall obtain such governmental
approvals as shall be required pursuant to any state or federal law respecting
back-up income tax withholding, securities regulation, original issue discount
or other regulated matter.
212. Execution and Delivery. The Treasurer is authorized and directed
to execute the Notes on behalf of the County by manual or facsimile signature,
provided that if the facsimile signature is used the Notes shall be
authenticated by the Registrar or any tender agent as may be appointed pursuant
to Section 801(c). The Notes shall be sealed with the County seal or imprinted
with a facsimile of such seal. The Treasurer is authorized and directed to
then deliver the Notes to the purchaser thereof upon receipt of the purchase
price. The Notes shall be delivered at the expense of the County in such city
or cities as may be designated by the Treasurer.
213. Renewal, Refunding or Advance Refunding Notes. If at any time it
appears to be in the best interests of the County, the Treasurer, by written
order, may authorize the issuance of renewal, refunding or advance refunding
Notes. The terms of such Notes, and the procedures incidental to their
issuance, shall be set subject to Section 309 and, in appropriate cases,
Article X.
III.
SHORT TERM RENEWABLE NOTES
301. Authority. At the option of the Treasurer, exercisable by written
order, Notes may be issued in accordance with this Article III. All references
to "Notes" in Article III refer only to Notes issued pursuant to Article III,
unless otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of
issuance or any prior date selected by the Treasurer, and each issuance thereof
shall mature on such date or dates not exceeding one year from the date of
their issuance as may be specified by written order of the Treasurer.
303. Interest and Date of Record. The Notes shall bear interest
payable at maturity at such rate or rates as may be determined by the Treasurer
not exceeding the maximum rate of interest permitted by law on the date the
Notes are issued. The date of record shall be not fewer than two nor more than
31 days before the date of payment, as designated by the Treasurer prior to the
sale of the Notes.
304. Note Form. The form of Note shall be consistent with the
prescriptions of this Resolution and shall reflect all material terms of the
Commissioners Minutes Continued. April 14, 1994
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Notes. The Notes shall, in the discretion of the Treasurer and consistent with
Section 205, either be payable to bearer or be issued in registered form. If
issued in registered form, the Notes may be constituted as book-entry
securities consistent with Section 208, notwithstanding any contrary provision
of Section 308.
305. Denomination and Numbers. The Notes shall be issued in one or
more denomination or denominations, as determined by the Treasurer. The Notes
shall be numbered from one upwards in such order as the Treasurer determines.
306. Redemption. The Notes shall not be subject to redemption prior to
maturity.
307. Sale of Notes. The authority and obligations of the Treasurer set
forth in Sections 210 and 211 respecting Fixed Maturity Notes shall apply also
to Notes issued under Article III.
308. Execution and Delivery. The authority and obligations of the
Treasurer set forth in Section 212 respecting Fixed Maturity Notes shall also
apply to Notes issued under Article III.
309. Renewal or Refunding Notes.
(a) The Treasurer may by written order authorize the issuance of
renewal or refunding Notes (collectively the "Renewal Notes"). Renewal Notes
shall be sold on the maturity date of, and the proceeds of the Renewal Notes
shall be applied to the payment of debt service on, Notes to be renewed. The
maturities and repayment terms of the Renewal Notes shall be set by written
order of the Treasurer.
(b) In the order authorizing Renewal Notes, the Treasurer shall
specify whether the Notes shall be issued in accordance with this Article III,
in which event the provisions of Article III shall govern the issuance of the
Notes, or whether the Notes shall be issued in accordance with Article II, in
which event the provisions of Article II shall govern the issuance of the
Notes. The order shall also provide for and shall also govern with respect to:
(i) the aggregate amount of the Renewal Notes;
(ii) the date of the Renewal Notes;
(iii) the denominations of the Renewal Notes;
(iv) the interest payment dates of the Renewal Notes;
(v) the maturity or maturities of the Renewal Notes;
(vi) the terms of sale of the Renewal Notes;
(vii) whether any Renewal Notes issued in accordance
with Article II shall be subject to redemption and, if so, the terms thereof;
and
(viii) any other terms of the Renewal Notes consistent
with, but not specified in, Article II or Article III.
(c) Regardless of whether Renewal Notes need be approved by
prior order of the Department of Treasury, the Treasurer, pursuant to Section
89(5)(d) of Act 206, shall promptly report to the Department of Treasury the
issuance of any Renewal Notes.
IV.
VARIABLE INTEREST RATE
401. Variable Rate Option. At the option of the Treasurer, exercisable
by written order, the Notes, whether issued pursuant to Article II or Article
III, may be issued with a variable interest rate, provided that the rate shall
not exceed the maximum rate of interest permitted by law.
402. Determination of Rate. The order of the Treasurer shall provide
how often the variable interest rate shall be subject to recalculation, the
formula or procedure for determining the variable interest rate, whether and on
what terms the rate shall be determined by a remarketing agent in the case of
demand obligations consistent with Section 801(d), and whether and on what
terms a fixed rate of interest may be converted to or from a variable rate of
interest. Such formula or procedure shall be as determined by the Treasurer,
but shall track or float within a specified percentage band around the rates
generated by any one or more of the following indices:
(i) Publicly reported prices or yields of
obligations of the United States of America;
Commissioners Minutes Continued. April 14, 1994
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(ii) An index of municipal obligations periodically reported
by a nationally recognized source;
(iii) The prime lending rate from time to time set by
any bank or trust company in the United States with unimpaired capital and
surplus exceeding $40,000,000;
(iv) Any other rate or index that may be designated by order
of the Treasurer provided such rate or index is set or reported by a source
which is independent of and not controlled by the Treasurer or the County.
The procedure for determining the variable rate may involve one or more of the
above indices as alternatives or may involve the setting of the rate by a
municipal bond specialist provided such rate shall be within a stated
percentage range of one or more of the indices set forth above.
403. Date of Record. The Date of Record shall be not fewer than one
nor more than 31 days before the date of payment, as designated by written
order of the Treasurer.
404. Redemption. Notwithstanding any contrary provision of subsections
(b) and (c) of Section 209, but subject to the last sentence of this Section
404, Notes bearing interest at a variable rate may be subject to redemption by
the County and/or put by the holder at any time or times and in any order, as
may be determined pursuant to written order of the Treasurer. Notes shall not
be subject to redemption more frequently than monthly.
405. Remarketing, Repurchase and Resale.
(a) In the event Notes issued under this Article IV are
constituted as demand obligations, the interest rate on the Notes shall be
governed by, and shall be subject to, remarketing by a remarketing agent
appointed in accordance with Section 801(c), under the terms of a put agreement
employed in accordance with Section 801(d).
(b) The County shall be authorized, consistent with Act 206 and
pursuant to order of the Treasurer, to participate in the repurchase and resale
of Notes in order to reduce the cost of, or increase the revenue, attendant to
the establishment of the Revolving Fund and the issuance and discharge of the
Notes. Any purchase of Notes pursuant to this subsection (b) shall be made
with unpledged monies drawn from revolving funds established by the County in
connection with retired general obligation limited tax notes.
V.
MULTIPLE SERIES
501. Issuance of Multiple Series. At the option of the Treasurer,
exercisable by written order, the Notes issued under Article II, Article III or
Article X may be issued in two or more individually designated series. Each
series shall bear its own rate of interest, which may be fixed or variable in
accordance with Article IV. Various series need not be issued at the same time
and may be issued from time to time in the discretion of the Treasurer
exercisable by written order. In determining the dates of issuance of the
respective series, the Treasurer shall consider, among other pertinent factors,
the impact the dates selected may have on the marketability, rating and/or
qualification for credit support or liquidity support for, or insurance of, the
Notes. The Notes of each such series shall be issued according to this
Resolution in all respects (and the term "Notes" shall be deemed to include
each series of Notes throughout this Resolution), provided that:
(a) The aggregate principal amount of the Notes of all series
shall not exceed the maximum aggregate amount permitted under Section 103;
(b) Each series shall be issued pursuant to Article II or
Article III, and different series may be issued pursuant to different Articles;
(c) Each series shall be issued pursuant to Section 502 or
Section 503, and different series may be issued pursuant to different Sections;
(d) A series may be issued under Article II for one, two, or
three of the annual maturities set forth in Article II with the balance of the
annual maturities being issued under Article II or under Article III in one or
more other series, provided that the minimum annual maturities set forth in
Section 203 shall be reduced and applied pro rata to all Notes so issued; and
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190
(e) The Notes of all series issued pursuant to Article II above
shall not, in aggregate, mature in amounts or on dates exceeding the maximum
authorized maturities set forth in Section 203.
502. Series Secured Pari Passu. If the Notes are issued in multiple
series pursuant to this Article V, each series of Notes may, by written order
of the Treasurer, be secured pari passu with the other by the security
described in and the amounts pledged by Article VII below. Moreover, such
security may, pursuant to further order of the Treasurer, be segregated in
accordance with the following provisions.
(a) The Treasurer may by written order establish separate sub-
accounts in the County's 1994 Note Reserve Account for each series of Notes,
into which shall be deposited the amount borrowed for the Note Reserve Account
for each such series.
(b) The Treasurer may by written order establish separate sub-
accounts in the County's 1994 Note Payment Account for each series of Notes,
and all amounts deposited in the Note Payment Account shall be allocated to the
sub-accounts.
(c) (i) In the event separate sub-accounts are
established pursuant to subsection (b) above, and subject to Paragraph (ii)
below, the percentage of deposits to the County's 1994 Note Payment Account
allocated to each sub-account may be set equal to the percentage that Notes
issued in the corresponding series bears to all Notes issued under this
Resolution or to any other percentage designated by the Treasurer pursuant to
written order; provided that if the various series are issued at different
times or if the various series are structured with different maturity dates,
(I) sums deposited in the Note Payment Account prior to the issuance of one or
more series may upon the issuance of each such series be reallocated among the
various sub-accounts established under Subsection (b) above to achieve a
balance among the sub-accounts proportionate to the designated percentage
allocation, and/or (II) deposits to the Note Payment Account may be allocated
among the sub-accounts according to the total amount of debt service that will
actually be paid from the respective sub-accounts.
(ii) Alternatively, the Treasurer may, by written order,
rank the sub-accounts established under Subsection (b) above in order of
priority, and specify that each such sub-account shall receive deposits only
after all sub-accounts having a higher priority have received deposits
sufficient to discharge all (or any specified percentage of) Notes whose series
corresponds to any of the sub-accounts having priority.
(d) In the absence of a written order of the Treasurer to the
contrary, the amounts in each sub-account established pursuant to this Section
502 shall secure only the Notes issued in the series for which such sub-account
was established, until such Notes and interest on such Notes are paid in full,
after which the amounts in such sub-account may, pursuant to written order of
the Treasurer, be added pro rata to the amounts in the other sub-accounts and
thereafter used as part of such other sub-accounts to secure all Notes and
interest on such Notes for which such other sub-accounts were created, until
paid in full. Alternatively, amounts held in two or more sub-accounts within
either the Note Reserve Account or the Note Payment Account may be commingled,
and if commingled shall be held pari passu for the benefit of the holders of
each series of Notes pertaining to the relevant sub-accounts.
503. Series Independently Secured. If the Notes are issued in multiple
series pursuant to this Article V, each series of Notes may, by written order
of the Treasurer, be independently secured in accordance with this Section 503.
(a) Each series of Notes shall pertain to one or more taxing
units, as designated by the Treasurer pursuant to written order, and no two
series of Notes shall pertain to the same taxing unit. A school district,
intermediate school district, or community college district extending beyond
the boundaries of a city in which it is located may, pursuant to written order
of the Treasurer, be subdivided along the boundaries of one or more cities and
each such subdivision shall be deemed a taxing unit for purposes of this
Section 503.
(b) Separate sub-accounts shall be established in the County's
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191
1994 Tax Payment Account. Each sub-account shall receive the proceeds of one
and only one series of Notes, and amounts shall be disbursed from the sub-
account to only those taxing units designated as being in that series.
(c) In the event Notes are issued for deposit into the Project
Account established under Section 701, separate sub-accounts shall be
established in the Project Account. Each sub-account shall receive the
proceeds of one and only one series of Notes, and amounts shall be disbursed
from the sub-account only to accounts, sub-accounts and/or taxing units
designated as being in the series corresponding to the sub-account from which
disbursement is being made.
(d) A separate sub-account shall be established in the County's
1994 Note Reserve Account for each series of Notes, into which shall be
deposited the amount determined by the Treasurer under Section 103 or Section
703 with respect to the series. Each sub-account shall secure one and only one
series.
(e) A separate sub-account shall be established in the County's
1994 Note Payment Account for each series of Notes. Each sub-account shall be
allocated only those amounts described in Section 704 which pertain to the
taxing units included in the series corresponding to the sub-account.
Chargebacks received from a taxing unit pursuant to Section 905 shall be
deposited in the sub-account corresponding to the series in which the taxing
unit is included. Amounts held in each sub-account shall secure the debt
represented by only those Notes included in the series corresponding to the
sub-account, and disbursements from each sub-account may be applied toward the
payment of only those Notes included in the series corresponding to the sub-
account.
(f) The amounts in each sub-account established pursuant to this
Section 503 shall secure only the Notes issued in the series for which such
sub-account was established until such Notes and interest on such Notes are
paid in full, after which any amounts remaining in such sub-account shall
accrue to the County and shall no longer be pledged toward payment of the
Notes.
VI.
TAXABILITY OF INTEREST
601. Federal Tax. The County acknowledges that the current state of
Federal law mandates that the Notes be structured as taxable obligations.
Consequently, the Notes shall, subject to Article X, be issued as obligations
the interest on which is not excluded from gross income for purposes of Federal
income tax.
602. State of Michigan Tax. Consistent with the treatment accorded all
obligations issued pursuant to Act 206, interest on the Notes shall be exempt
from the imposition of the State of Michigan income tax and the State of
Michigan single business tax, and the Notes shall not be subject to the State
of Michigan intangibles tax.
603. Change in Federal Tax Status. In the event there is a change in
the Federal tax law or regulations, a ruling by the U.S. Department of Treasury
or Internal Revenue Service establishes that the Notes may be issued as exempt
from Federal income taxes or a change in Michigan law causes the Notes in the
opinion of counsel to be exempt from federal income taxes, the Notes may be so
issued.
VII.
FUNDS AND SECURITY
701. Delinquent Tax Project Account. If the Notes are issued and sold
before the Treasurer has received certification from the taxing units of the
amount of the Delinquent Taxes and if such certification is not reasonably
anticipated in time to allow distribution of the proceeds of the Notes within
20 days after the date of issue, a 1994 Delinquent Tax Project Account (the
"Project Account") shall be established by the Treasurer as a separate and
distinct fund of the County within its general fund. The Project Account shall
receive all proceeds from the sale of the Notes, including any premium or
Commissioners Minutes Continued. April 14, 1994
192
accrued interest received at the time of sale. The Project Account shall be
held in trust by an escrow agent until the monies therein are disbursed in
accordance with this Article VII. The escrow agent shall be a commercial bank,
shall be located in Michigan, shall have authority to exercise trust powers,
and shall have a net worth in excess of $25,000,000. The form and content of
the agreement between the County and the escrow agent shall be approved by the
Treasurer. Subject to the following sentence, monies deposited in the Project
Account shall be expended only (i) for the purpose of funding the Tax Payment
Account established under Section 702 and (ii) to the extent permitted by Act
206, for the purpose of paying the expenses of the offering of the Notes. In
the event the Treasurer by written order so directs, additional funding of the
Project Account may be undertaken, and any surplus proceeds remaining in the
Project Account after the Treasurer has completed the funding of the Tax
Payment Account may be transferred to either the 1994 Note Reserve Account
created under Section 703 or the 1994 Note Payment Account created under
Section 704. Monies in the Project Account may be disbursed by the escrow
agent to the County's 1994 Tax Payment Account at any time and from time to
time, upon receipt of a written requisition signed by the Treasurer.
702. 1994 Tax Payment Account. The County's 1994 Tax Payment Account
(the "Tax Payment Account") is hereby established as a distinct account within
the Revolving Fund. The Treasurer shall designate all or a portion of the
proceeds of the Notes, not to exceed the amount of Delinquent Taxes, for
deposit in the Tax Payment Account. If, however, the proceeds of the Notes are
initially deposited in the Project Account pursuant to Section 701, the
Treasurer is instead authorized and directed to transfer monies included in the
Project Account in accordance with the procedures set forth in Section 701.
The County shall apply the monies in the Tax Payment Account to the payment of
the Delinquent Taxes or expenses of the borrowing in accordance with Act 206.
The allocation of monies from the Tax Payment Account may be made pursuant to a
single, comprehensive disbursement or may instead be made from time to time,
within the time constraints of Act 206, to particular taxing units as monies
are paid into the Tax Payment Account, such that the source of the monies
(whether from the County's own funds, from the proceeds of a tax exempt
borrowing or from the proceeds of a taxable borrowing) may be traced to the
particular taxing unit receiving the funds. Moreover, and regardless of
whether multiple series of Notes are issued, the Tax Payment Account may be
divided into separate sub-accounts in order to allow the Treasurer to designate
which taxing units shall receive borrowed funds and which shall receive funds
otherwise contributed by the County.
703. 1994 Note Reserve Account. In the event funding is provided as
described in this Section 703, the Treasurer shall establish a 1994 Note
Reserve Account (the "Note Reserve Account") as a distinct account within the
Revolving Fund. After depositing all of the monies to fund the Tax Payment
Account pursuant to Section 702, the Treasurer shall next transfer to the Note
Reserve Account, either from the Project Account or directly from the proceeds
of Notes, any proceeds remaining from the initial issuance of the Notes. In
addition, the Treasurer may transfer unpledged monies from other County sources
to the Note Reserve Account in an amount which, when added to any other amounts
to be deposited in the Note Reserve Account, does not exceed the amount
reasonably required for the Notes secured by the Reserve Account or, if less,
20% of the total amount of the Notes secured by the Reserve Account. Except as
provided below, all monies in the Note Reserve Account shall be used solely for
payment of principal of, premium, if any, and interest on the Notes to the
extent that monies required for such payment are not available in the County's
1994 Note Payment Account. Monies in the Note Reserve Account shall be
withdrawn first for payment of principal of, premium, if any, and interest on
the Notes before County general funds are used to make the payments. All
income or interest earned by, or increment to, the Note Reserve Account due to
its investment or reinvestment shall be deposited in the Note Reserve Account.
When the Note Reserve Account is sufficient to retire the Notes and accrued
interest thereon, the Treasurer may order that the Note Reserve Account be used
to purchase the Notes on the market, or, if the Notes are not available, to
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193
retire the Notes when due. If so ordered by the Treasurer, all or any
specified portion of the Note Reserve Account may be applied toward the
redemption of any Notes designated for redemption in accordance with Section
209.
704. 1994 Note Payment Account.
(a) The County's 1994 Note Payment Account is hereby established
as a distinct account within the Revolving Fund. (The County's 1994 Note
Payment Account, as supplemented by monies held in any interim account that are
designated for transfer to the 1994 Note Payment Account, is herein referred to
as the "Note Payment Account".) The Treasurer is directed to deposit into the
Note Payment Account, promptly on receipt, those amounts described below in
Paragraphs (i), (ii), (iv), and (v) that are not excluded pursuant to
Subsection (c) below. Furthermore, the Treasurer may, by written order,
deposit into the Note Payment Account all or any portion of the amounts
described below in Paragraph (iii).
(i) All Delinquent Taxes.
(ii) All statutory interest on the Delinquent Taxes.
(iii) All property tax administration fees on the
Delinquent Taxes, net of any amounts applied toward the expenses of this
borrowing.
(iv) Any amounts that are received by the Treasurer from the
taxing units within the County because of the uncollectability of the
Delinquent Taxes.
(v) Any amounts remaining in the Project Account
after the transfers to the Tax Payment Account and Note Reserve Account have
been made as specified in Sections 702 and 703.
(b) Monies in the Note Payment Account shall be used by the
County to pay principal of, premium, if any, and interest on the Notes as the
same become due and payable.
(c) (i) The Treasurer may by written order provide that
only a portion of the sums described above in Subsection (a) shall be deposited
into the Note Payment Account and applied toward the payment of debt service on
the Notes, in which event those sums which are withheld from the Note Payment
Account shall be deposited into the Tax Payment Account or, pursuant to further
order of the Treasurer, applied toward any other purpose consistent with Act
206. The portion of any sums described in Subsection (a) which are withheld
from the Note Payment Account pursuant to this Subsection shall be determined
in accordance with the following Paragraph.
(ii) Prior to the issuance of the Notes, the Treasurer may
by written order specify a cut-off date not earlier than March 1, 1994, and
only those sums payable to the Note Payment Account and received by the County
after the cut-off date shall be applied to the Note Payment Account.
(d) The Treasurer may by written order provide that at such time
as sufficient funds shall have been deposited into the Note Payment Account to
pay all remaining amounts owed under the Notes the pledge on any additional
monies otherwise payable to the Note Payment Account shall be discharged and
such monies shall not be deposited into the Note Payment Account or otherwise
pledged toward payment of the Notes.
(e) The Treasurer may by written order provide that in the event
Notes are issued pursuant to Article III, amounts that would otherwise be
included in the Note Payment Account or the Note Reserve Account (or any sub-
account therein for a particular series of Notes) shall not include any amounts
received by the County prior to the latest maturity date of any series of Notes
previously issued under Article II and/or Article III.
705. Limited Tax General Obligation and Pledge.
(a) The Notes shall be the general obligation of the County,
backed by the County's full faith and credit, the County's tax obligation
(within applicable constitutional and statutory limits) and the County's
general funds. The County budget shall provide that if the pledged monies are
not collected in sufficient amounts to meet the payments of the principal and
interest due on the Notes, the County, before paying any other budgeted
amounts, shall promptly advance from its general funds sufficient monies to pay
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194
such principal and interest.
(b) In addition, the monies listed below are pledged to the
repayment of the Notes and, subject to Section 901, shall be used solely for
repayment of the Notes until the principal of, premium (if any) and interest on
the Notes are paid in full:
(i) All amounts deposited or earned in any Project
Account, until disbursed in accordance with Section 701;
(ii) All net proceeds from the sale of the Notes deposited
or earned in the Tax Payment Account, until disbursed in accordance with
Section 702;
(iii) All amounts deposited in the Note Payment
Account pursuant to Section 704(a);
(iv) All amounts deposited in the Note Reserve Account;
(v) All amounts earned from the investment of monies
held in the Note Payment Account or the Note Reserve Account; and
(vi) Any supplemental monies placed in the Note Payment
Account and drawn in the discretion of the Treasurer from unpledged sums on the
revolving funds, which pledge shall be subject to such limitations or
exceptions as shall be set forth in the written order of the Treasurer.
(c) If the Notes shall be issued in various series pursuant to
Article V, this pledge shall in the case of any independently secured series
extend only to monies in accounts or sub-accounts pertaining to the particular
series.
(d) If the amounts so pledged are not sufficient to pay the
principal and interest when due, the County shall pay the same from its general
funds or other available sources. Pursuant to written order of the Treasurer,
the County may later reimburse itself for such payments from the Delinquent
Taxes collected.
706. Security for Renewal, Refunding or Advance Refunding Notes.
Renewal, refunding, or advance refunding Notes shall be secured by all or any
portion of the same security securing the Notes being renewed, refunded or
advance refunded. The monies pledged in Section 705 for the repayment of the
Notes are also pledged for the repayment of the principal of, premium, if any,
and interest on any renewal, refunding, or advance refunding Notes issued
pursuant to this Resolution, and any such renewal, refunding, or advance
refunding Notes shall be the general obligation of the County, backed by its
full faith and credit, which shall include the tax obligation of the County,
within applicable constitutional and statutory limits.
707. Use of Funds after Full Payment or Provisions for Payment. After
all principal of, premium, if any, and interest on the Notes have been paid in
full or provision therefor by investments of pledged amounts in direct
noncallable obligations of the United States of America in amounts and with
maturities sufficient to pay all such principal, premium, if any, and interest
when due, any further collection of Delinquent Taxes and all excess monies in
any fund or account of the Revolving Fund, and any interest or income on any
such amounts, may, pursuant to written order of the Treasurer and subject to
Article V, be used for any proper purpose within the Revolving Fund including
the securing of subsequent issues of notes.
VIII.
SUPPLEMENTAL AGREEMENTS
801. Supplemental Agreements and Documents. The Treasurer, on behalf
of the County, is authorized to enter into any or all of the following
agreements or commitments as may, in the Treasurer's discretion, be necessary,
desirable or beneficial in connection with the issuance of the Notes, upon such
terms and conditions as the Treasurer may determine appropriate:
(a) A letter of credit, line of credit, repurchase agreement,
note insurance, or similar instrument, providing backup liquidity and/or credit
support for the Notes;
(b) A reimbursement agreement, revolving credit agreement,
revolving credit note, or similar instrument, setting forth repayments of and
security for amounts drawn under the letter of credit, line of credit,
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195
repurchase agreement or similar instrument;
(c) A marketing, remarketing, placement, authenticating, paying
or tender agent agreement or dealer agreement designating a marketing,
remarketing, authenticating, paying, tender or placement agent or dealer and
prescribing the duties of such person or persons with respect to the Notes; and
(d) A put agreement or provision allowing the purchaser of the
Notes to require the County to repurchase the Notes upon demand at such times
as may be provided in such put agreement or provision.
(e) An agreement to use amounts formerly pledged to other years
borrowings as security for the Notes when no longer so pledged.
802. Revolving Credit Notes. If the Treasurer enters into a revolving
credit agreement (the "Agreement") pursuant to Section 801 above, the Agreement
may call for the issuance of one or more revolving credit notes (the "Revolving
Credit Notes") for the purpose of renewing all or part of maturing Notes or
Notes that have been put pursuant to a put agreement or provision. Such
Revolving Credit Notes shall be issued pursuant to Article II or III, as
appropriate, and in accordance with the following provisions:
(a) Interest on the Revolving Credit Notes may be payable on
maturity, on prior redemption, monthly, bi-monthly, quarterly, or as otherwise
provided in the Agreement.
(b) The Revolving Credit Notes may mature on one or more date or
dates not later than the final maturity date of the Notes, as provided in the
Agreement.
(c) The Treasurer may, at the time of the original issuance of
the Notes, execute and deliver one Revolving Credit Note in a maximum principal
amount not exceeding the lending commitment under the Agreement from time to
time in force (and may substitute one such Note in a lesser principal amount
for another in the event the lending commitment is reduced), provided that a
schedule shall be attached to such Note on which loans and repayments of
principal and interest are evidenced and further provided that the making of a
loan and the evidencing of such loan on the schedule of any such Note shall
constitute the issuance of a renewal Note for purposes of this Resolution.
IX.
MISCELLANEOUS PROVISIONS
901. Expenses. Expenses incurred in connection with the Notes shall be
paid from the property tax administration fees collected on the Delinquent
Taxes and, if so ordered by the Treasurer, from any earnings on the proceeds of
the offering or from other monies available to the County.
902. Application to Department of Treasury. The Treasurer is
authorized to make application to the Department of Treasury on behalf of the
County for an order permitting the County to make this borrowing and issue the
Notes. If the Treasurer deems it appropriate, the Treasurer is alternatively
authorized to apply to the Department of Treasury for an exception to prior
approval.
903. Bond Counsel. The Notes (and any renewal, refunding or advance
refunding Notes) shall be delivered with the unqualified opinion of John R. Axe
and Associates, which selection of bond counsel may, at the option of the
Treasurer, be for one or more years.
904. Financial Consultants. Municipal Financial Consultants
Incorporated, Grosse Pointe Farms, Michigan, is hereby retained to act as
financial consultant and advisor to the County in connection with the sale and
delivery of the Bonds.
905. Complete Records. The Treasurer shall keep full and complete
records of all deposits to and withdrawals from each of the funds and accounts
in the Revolving Fund and any account or sub-account created pursuant to this
Resolution and of all other transactions relating to such funds, accounts and
sub-accounts, including investments of money in, and gain derived from, such
funds and accounts.
906. Chargebacks. If, by the date which is three months prior to the
final maturity date of the Notes, sufficient monies are not on deposit in the
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196
Note Payment Account and the Note Reserve Account to pay all principal of and
interest on the Notes when due, Delinquent Taxes not then paid or recovered at
or prior to the latest tax sale transacted two or more months before the final
maturity of the Notes shall, if necessary to ensure full and timely payment on
the date of final maturity, be charged back to the local units in such fashion
as the Treasurer may determine, and, subject to Article V, the proceeds of such
chargebacks shall be deposited into the County's 1994 Note Payment Account no
later than five weeks prior to the final maturity of the Notes. This Section
905 shall not be construed to limit the authority of the Treasurer under State
law to charge back under other circumstances or at other times.
907. Investments. The Treasurer is authorized to invest all monies in
the Project Account, in the Revolving Fund or in any account or sub-account
therein that is established pursuant to this Resolution in any one or more of
the investments authorized as lawful investments for counties under Act No. 20,
Public Acts of 1943, as amended. The Treasurer is further authorized to enter
into a contract on behalf of the County under the Surplus Funds Investment Pool
Act, Act No. 367, Michigan Public Acts of 1982, as amended, and to invest in
any investment pool created thereby monies held in the Project Account, in the
Revolving Fund, or in any account or sub-account therein which is established
pursuant to this Resolution.
908. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note
is mutilated, lost, stolen, or destroyed, the Treasurer may, on behalf of the
County, execute and deliver, or order the Registrar or Paying Agent to
authenticate and deliver, a new Note having a number not then outstanding, of
like date, maturity and denomination as that mutilated, lost, stolen or
destroyed. In the case of a mutilated Note, a replacement Note shall not be
delivered unless and until such mutilated Note is surrendered to the Treasurer
or the Registrar or Paying Agent. In the case of a lost, stolen, or destroyed
Note, a replacement Note shall not be delivered unless and until the Treasurer
and the Registrar or Paying Agent shall have received such proof of ownership
and loss and indemnity as they determine to be sufficient.
ARTICLE X.
TAX-EXEMPT NOTES OR REFUNDING
1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The
County acknowledges that the current state of Federal law precludes the
issuance of the Notes as obligations the interest on which is exempt from
Federal income tax. However, the County presently contemplates that
anticipated amendments to the Internal Revenue Code of 1986 (the "Code") and/or
the Treasury Regulations issued thereunder (the "Regulations") or a change in
Michigan law changing the character of the Notes may in the future permit the
issuance of general obligation limited tax notes on a tax-exempt basis, and, in
view of this expectation, the County, through the offices of the Treasurer,
shall issue tax-exempt notes or issue obligations to refund any or all
outstanding Notes issued as taxable obligations, at the time, on the terms, and
to the extent set forth in this Article X.
1002. Timing of Refunding. The aforementioned refunding obligations (the
"Refunding Notes") shall be issued after the effective date of any change in
the Code, Regulations, Internal Revenue Service pronouncements or judicial
rulings which, as confirmed by the written opinion of bond counsel, permit the
refunding of all or some of the outstanding Notes with proceeds from
obligations the interest on which is excluded from gross income for purposes of
Federal income tax.
1003. Extent of Refunding. Subject to the other provisions of this
Section 1003, the Refunding Notes shall refund all Notes outstanding at or
after the effective date of any change in the law described in Section 1002.
This Section 1003 shall not, however, be construed to require the refunding of
any Note prior to the time such Note may be refunded on a tax-exempt basis, nor
shall this Section 1003 be construed to require the refunding of any Note, if
that refunding would result in greater cost to the County (including interest
expense, professional fees and administrative outlays) than would arise if the
Note were to remain outstanding.
1004. Confirmatory Action. Subsequent to any change in the law described
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197
in Section 1002, the Board shall convene to consider any terms of the Refunding
Bonds requiring specific ratification by the Board.
1005. Arbitrage Covenant and Tax Law Compliance. In the event tax-exempt
Notes or Refunding Notes are issued pursuant to this Article X, the following
covenants shall be observed by the County:
(i) the County will make no use of the proceeds
of the Notes or Refunding Notes and will undertake no other intentional act
with respect to the Notes or Refunding Notes which, if such use or act had been
reasonably expected on the date of issuance of the Notes or Refunding Notes or
if such use or act were intentionally made or undertaken after the date of
issuance of the Notes or Refunding Notes, would cause the Notes or Refunding
Notes to be "arbitrage bonds," as defined in Section 148 of the Internal
Revenue Code of 1986, as amended (the "Code"), in the Regulations promulgated
under Sections 103 and 148 of the Code or in any successor or supplementary
provision of law hereinafter promulgated,
(ii) the County will undertake all actions as shall
be necessary to maintain the Notes or Refunding Notes as obligations the
interest on which qualifies for the tax exemption provided by Section 103(a) of
the Code, including, where appropriate and without limitation, filing
informational returns with the Secretary of Treasury, keeping accurate account
of all monies earned in any fund, account or sub-account authorized by this
Resolution or any resolution adopted in accordance with Section 1004 above,
certifying cumulative cash flow deficits of the County and the local units, and
investing any required portion of the gross proceeds of the Notes or Refunding
Notes, whether on behalf of the County or the local units, in tax-exempt
obligations or State and Local Government Series obligations, and
(iii) the County will make timely payment to the
United States of any investment earnings, realized by the County on the gross
proceeds of the Notes or Refunding Notes, as may be subject to rebate under
Section 148(f) of the Code, and, to the extent required under applicable law or
deemed by the Treasurer to be in the best interest of the County pursuant to
written order, the County's obligation to make such payment to the United
States shall also account for excess investment earnings realized by local
units on all or a portion of the gross proceeds distributed to, and held by,
the local units pursuant to Section 702.
(iv) the Treasurer shall be directed to take such
actions and to enter into such agreements and certifications, on behalf of the
County, as the Treasurer shall deem necessary or appropriate to comply with the
foregoing covenants.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Taub the resolution be adopted.
AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer,
Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94094
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT
1993 TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Administrative Fund is necessary for the County Treasurer to
administer the Delinquent Tax Revolving Fund.
NOW THEREFORE BE IT RESOLVED that the County Treasurer, pursuant to
Section 87c, Sub-Section (2), of Act 206, is designated as Agent for the
Commissioners Minutes Continued. April 14, 1994
198
County, and the Treasurer's office shall receive such sums as are provided in
Section 87c, Sub-section (3), to cover administrative expenses.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by McPherson the resolution be adopted.
AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick,
Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94095
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: CLERK/REGISTER OF DEEDS - 1994 SURVEY AND REMONUMENTATION GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Department of Commerce has awarded Oakland County a Survey
and Remonumentation Grant for the second year, through December 31, 1994, in
the amount of $520,692 (see attachment); and
WHEREAS the grant award is the same as the application and is funded 100%
by the State; and
WHEREAS the grant includes the continuation of one (1) full-time eligible
Engineering Aide II position and requests that the one (1) part-time non-
eligible (PTNE) Student Engineer be upgraded to a full-time eligible
Engineering Aide I; and
WHEREAS the acceptance of this grant does not obligate the County to any
future commitment; and
WHEREAS the grant agreement has been reviewed and approved in accordance
with the County Executive's Grant Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the 1994 Survey Remonumentation Grant from the Michigan
Department of Commerce in the amount of $520,692.
BE IT FURTHER RESOLVED one (1) Title Search Technician be continued and
one (1) PTNE Student Engineer be upgraded to a full-time eligible Engineering
Aide I position in the Register of Deeds Division (#214-01).
BE IT FURTHER RESOLVED that continuation of the program, including
personnel, be contingent upon the level of state funding for the program.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to
execute the grant agreement and to approve changes and grant extensions, not to
exceed fifteen (15) percent variance from the original award, which are
consistent with the original agreement.
BE IT FURTHER RESOLVED that the 1994 Budget be amended to incorporate the
grant as follows:
Revenue 3-27xxx-214-01-00-
2185 Grant Revenue $ 520,692
Expenditures 4-27xxx-214-01-00-
1001 Salaries $ 41,057
1002 Overtime 1,000
2074 Fringe Benefits 19,210
3347 Expendable Equipment 5,000
3450 Land Surveys 443,249
4842 Engineering Supplies 3,000
4886 Material & Supplies 1,000
6310 Building Space Allocation 1,176
6610 Leased Vehicles 2,000
6641 Convenience Copier 2,000
9993 Computer Equipment 2,000
Commissioners Minutes Continued. April 14, 1994
199
$ 520,692
Total $ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Attachments on file in County Clerk's Office.
Moved by McCulloch supported by Miltner the resolution be adopted.
AYES: Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers,
Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94096
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: CIRCUIT COURT - USE MEDIATION FUNDS FOR THE PURCHASE OF FURNITURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #90177 established the Circuit Court
Mediation Fund; and
WHEREAS the fund is to be used for Circuit Court enhancements and
improvements as requested by the Circuit Court and approved by the Board of
Commissioners; and
WHEREAS the Court requests using $5,000 to purchase a portable bench and
witness stand for the Oakland County Bar Association's mock trial room; and
WHEREAS this is a one-time capital expenditure for this purpose.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the use of $5,000 from the Circuit Court Civil Mediation
Fund for a one-time furniture purchase for the Oakland County Bar Association's
mock trial room.
BE IT FURTHER RESOLVED that amendments are made to the Circuit Court's
1994 Budget utilizing funds from the Civil Mediation Account (1-10100-201-011)
as follows:
Revenue 3-10100-
311-01-00-2054 Civil Mediation $5,000
Expenditures 4-10100-
311-01-00-3128 Professional Services $5,000
$ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Law the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid,
Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling. (24)
NAYS: Miltner. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. April 14, 1994
200
MISCELLANEOUS RESOLUTION #94097
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD - FUNDING FOR TEMPORARY PART-TIME
NON-ELIGIBLE LIBRARIAN POSITION IN THE LAW LIBRARY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #94062 the Board of
Commissioners approved one (1) part-time non-eligible 1,000 hour Librarian
position be created effective April 16, 1994; the position to be deleted once
the 1,000 hours is used; and
WHEREAS total cost for this position equals $16,667, of which $15,070 is
salary cost and $1,597 is fringe benefit cost; and
WHEREAS the Library Fund (#26800), through estimated current year
investments as well as recognition of prior years revenue, has the resources to
cover the cost of this position.
NOW THEREFORE BE IT RESOLVED that the 1994 budget shall be amended, as
specified below, to cover the cost of the additional position:
Revenue
3-26800-513-03-00-2233 Income From Investments $14,000
3-26800-513-03-00-2410 Prior Years Revenue 2,667
$16,667
Expenditures
4-26800-513-03-00-1001 Salaries $15,070
4-26800-513-03-00-2070 Fringe Benefits 1,597
$16,667
$ -0-
=======
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Price the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub,
Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #94098)
BY: General Government Committee, Donald Jensen, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH
-1994 BUDGET ADJUSTMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
Finance Committee resolution on March 28, 1994, reports with the recommendation
that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #94098
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH
-1994 BUDGET ADJUSTMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #93269, the Board of
Commissioners Minutes Continued. April 14, 1994
201
Commissioners approved the 1994/1995 Biennial Budget including a governmental
fund allocation of $100,259,545 for Community Mental Health (CMH) programs
(grants equal $149,846), the CMH governmental budget includes $85,606,381 in
state funding, $5,433,576 in other revenue and $9,219,588 in County match; and
WHEREAS on March 9, 1994, the Michigan Department of Mental Health (MDMH)
submitted a revised Fiscal Year (FY) 1993/1994 authorization for Oakland County
CMH programs, which due to new rates for state facilities and crediting of FY
1992/1993 "trade-off dollars", increased the state authorization to
$87,706,426 and other revenues by $149,950, increasing the total program
funding to $102,877,656, including grants, as detailed on Attachment A; and
WHEREAS the MDMH requires the CMH Board Chairperson to sign a new
financial attachment to the full management contract which includes the new
authorization; the contract attachment includes provision for the Chairperson
of the Board of Commissioners to concur with the new authorization; and
WHEREAS this new authorization increases the governmental budget to
$102,727,810 (grants remain unchanged), an increase of $2,468,265 that must be
reflected in the County budget in order for the Chairperson to sign the full
management contract concurrence; and
WHEREAS a County match of $9,437,858 would be required should all FY
1993/1994 funds be spent before the end of the fiscal year; this match is
$218,270 higher than the current 1994 budget; and
WHEREAS due to uncertainty as to whether all authorized funds will be
spent by the end of the fiscal year, it is not recommended to increase the
level of County match at this time; a more accurate assessment of expenditures
could be obtained and a recommendation submitted with the second quarter
forecast.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners amends the 1994 Community Mental Health Budget, as reflected in
Attachment B, to coincide with the revised State authorization.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized to sign the full management contract concurrence.
BE IT FURTHER RESOLVED that the second quarter forecast will include a
recommendation as to whether the level of budgeted County match should be
increased.
Chairperson, on behalf of the Finance Committee, I move adoption of the
foregoing resolution.
FINANCE COMMITTEE
Copy of Attachments A and B and Fiscal Addendum for Contract for Full
Management on file in County Clerk's Office.
Moved by McCulloch supported by Palmer the General Government Committee
report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McCulloch supported by Palmer the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner,
Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf,
Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #94099)
BY: Planning and Building, Charles E. Palmer, Chairperson
IN RE: AWARD OF CONTRACT FOR TRUSTY CAMP STORAGE BUILDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the summary of bids
received for the above-referenced project on March 29, 1994, reports with the
Commissioners Minutes Continued. April 14, 1994
202
recommendation that the contract be awarded to W.J. Stewart Contracting
Corporation in the amount of $75,200, for a total project cost of $100,000.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing Report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #94099
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: FACILITIES MANAGEMENT - AWARD OF CONTRACT - TRUSTY CAMP STORAGE
BUILDING
To the Oakland County Board Of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #93147, dated August 5, 1993, the
Board of Commissioners authorized the County Executive's Facilities Engineering
Division to receive bids for the Trusty Camp Storage Building; and
WHEREAS in accordance with bidding procedures, bids for this project were
received and opened on March 8, 1994; and
WHEREAS the County Executive's Department of Facilities Management has
reviewed all bids submitted and recommends that the lowest responsible bidder,
W.J. Stewart Contracting Corporation, Waterford, Michigan, be awarded a
contract in the amount of $75,200; and
WHEREAS the total project cost for the Trusty Camp Storage Building is
estimated to be $100,000; and
WHEREAS funding is available from the Trusty Camp Storage Building line
item of the Building Section of the 1994 Capital Improvements Program.
NOW THEREFORE BE IT RESOLVED as follows:
1) The Oakland County Board of Commissioners authorizes the transfer
of $100,000 from the 1994 Capital Improvement Program - Building
Fund #40100 to the Project Work Order Fund #40400 to establish the
Trusty Camp Storage Building Project.
2) The contract proposal of W.J. Stewart Contracting Corporation of
Waterford, Michigan, in the amount of $75,200 be accepted and the
contract awarded in concurrence with Planning and Building
Committee recommendations.
3) Funds be provided in the amount of $24,800 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 W.J. Stewart Contracting
Corporation on behalf of the County of Oakland.
5) The County Executive's Department of Facilities Management,
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
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: Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt,
Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (24)
NAYS: None. (0)
Commissioners Minutes Continued. April 14, 1994
203
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94100
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: COMPUTER SERVICES - APPROVAL OF LOAN FROM DELINQUENT TAX REVOLVING FUND
TO MAINTAIN INVENTORY POOL OF OFFICE AUTOMATION EQUIPMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Computer Services is requesting an additional loan of $914,901
from the Delinquent Tax Revolving Fund (DTRF) to provide an inventory of
approximately 315 personal computers and 120 printers in order to provide quick
response as requests are approved; and
WHEREAS Computer Services will obtain Finance Committee approval prior to
installing any of the equipment in the user departments and will bring a
resolution for approval by the full Board of Commissioners on a quarterly basis
summarizing the appropriate budget amendments in the Computer Services and user
departments' budgets; and
WHEREAS Computer Services estimates the initial costs to be $914,901 for
capital and $250,475 for start-up expenses; and
WHEREAS the annual operating cost is estimated to be $114,363 for 1994
and $290,912 for 1995, which includes maintenance and depreciation expense,
partially offset by operational savings identified with the current batch of
requests in the amount of $7,726 for 1994 and $18,952 for 1995; and
WHEREAS the loan will be repaid over a five-year period with interest
expense estimated to be $25,160 for 1994 and $31,259 for 1995.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Chairperson of the Board to execute the attached
Borrowing Agreement in the amount of $914,901 with the County Treasurer as
agent of the DTRF.
BE IT FURTHER RESOLVED that principal and interest payments made to the
DTRF in repayment of this agreement will be accounted for in the Computer
Services Operations Fund, fund #63600.
BE IT FURTHER RESOLVED that the 1994/95 Biennial Budget is amended as
follows to appropriate the interest expense:
1994 1995
General Fund (10100)
Expenditures
10100-909-01-00-9920 Office Automation $(25,160) $(31,259)
10100-181-01-00-6360 Computer Services 25,160 31,259
TOTAL $ -0- $ -0-
Computer Services Fund (63600)
Revenue
181-01-00-2037 Gov't. Operations $ 25,160 $ 31,259
Expense
184-01-00-3418 Interest Expense $ 25,160 $ 31,259
TOTAL $ -0- $ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
REVOLVING FUND BORROWING AGREEMENT
WHEREAS the County of Oakland is desirous of borrowing monies from the
Oakland County Delinquent Tax Revolving Fund, and
WHEREAS the Delinquent Tax Revolving Fund Agent has determined sufficient
monies are available to loan to the County,
THEREFORE in consideration of agreements setforth below it is hereby
agreed by and between the parties as follows:
The County will borrow the principal sum of $914,901 from the Delinquent
Tax Revolving Fund to be paid back in annual principal and interest
payments not to exceed five (5) years. Said payments shall be deducted
from the annual Revolving Fund distribution made to the County on or
Commissioners Minutes Continued. April 14, 1994
204
about June 1st of each year. Interest on each payment will be based on
the average monthly rate paid during the term of this agreement by the
agent of the Delinquent Tax Revolving Fund for that year's outstanding
borrowing. The schedule of principal payments will be:
Year Principal
1 $ 182,980
2 182,980
3 182,980
4 182,980
5 182,981
Total $ 914,901
It is further agreed that the County may pay off the loan at any time
plus accrued interest without penalty.
Agent for Revolving Fund Chairperson
Board of Commissioners
Moved by McCulloch supported by Oaks the resolution be adopted.
AYES: Kingzett, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey,
Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94101
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: COMMUNITY CORRECTIONS PLAN - APPROVAL AND FUNDING BY THE STATE OFFICE
OF COMMUNITY CORRECTIONS (OCC)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #94034, adopted February 10, 1994,
the Oakland County Board of Commissioners approved the Community Corrections
Plan; and
WHEREAS the proposed Community Corrections Plan involved 100% funding
from the State for the period April 1, 1994 through September 30, 1994, in the
amount of $1,029,650 for the programs as listed on the attached schedule; and
WHEREAS the State's Office of Community Corrections has reviewed and
approved Oakland County's Community Correction Plan on March 3, 1994, with the
following conditions:
1. Policies and procedures consistent with Public Act 511, the
guidelines of the Office of Community Corrections and the Oakland
County Comprehensive Corrections Plan will be developed and in
place prior to the expenditure of funds for new program operation.
2. Prior to expenditure of the funds for the assessment of computer
needs, the county must submit detailed information regarding the
initiative; the request is approved for the time period of July 1
through August 1; and
WHEREAS the State's Office of Community Corrections has agreed to fund
the County's Community Corrections Plan in the amount of $864,231 (no county
match required) as detailed in the attached schedule, which includes funding in
the amount of $25,000 for consultant services to design policies and procedures
prior to implementation of new programs as indicated in the first condition
listed above; and
WHEREAS the plan includes the creation of a Community Corrections
Administrator position, with support staff consisting of a Clerk III position
and a Co-op Student position, to be placed under Public Services -
Administration Unit (171-01); and
Commissioners Minutes Continued. April 14, 1994
205
WHEREAS the creation of other positions as detailed in the plan will be
addressed at a later date, as implementation of most of the programs are
anticipated to begin approximately July 1, 1994.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts funding for the Community Corrections Plan in the amount
of $864,231 for the period of April 1, 1994 through September 30, 1994, with
the conditions as set by the State's Office of Community Corrections.
BE IT FURTHER RESOLVED that the Board approves the creation of a new
classification titled Community Corrections Administrator at salary grade 16,
no overtime and approves the creation of three governmental positions: a
Community Corrections Administrator, a Clerk III, and a Co-op Student position
under the Public Services - Administration Unit (171-01) for the purposes of
coordinating the Community Corrections Plan.
BE IT FURTHER RESOLVED that the future level of service, including
personnel, will be contingent upon the level of funding available from the
State for the Community Corrections Plan.
Chairperson, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
OAKLAND COUNTY, MICHIGAN
COMMUNITY CORRECTIONS COMPREHENSIVE PLAN
FUNDING FOR THE PERIOD 4/1/94 - 9/30/94
AS APPROVED BY
THE STATE OFFICE OF COMMUNITY CORRECTIONS
PROGRAM PROPOSED FUNDING/MTH. APPROVED FUNDING/MTH.
Comm. Serv. Prog. $ 15,000/6 mths. $ 15,000/6 mths.
Employment & Training 34,000/6 mths. 34,000/6 mths.
Pretrial Program 237,200/6 mths. 158,132/4 mths.
Intake & Assessment 61,600/6 mths. 41,067/4 mths.
Female Employ. Prog. 172,400/6 mths. 114,932/4 mths.
Jail Expansion (1) 23,850/6 mths. - 0 -
Administration Costs 57,000/6 mths. 72,500/5 mths. (2)
Computer Assessment (3) 10,000/1 mth. 10,000/1 mth.
TOTAL CP/S* $ 611,050 $ 445,631 (4)
Probation Residential Svcs. 418,600/6 mths. 418,600/6 mths.
GRAND TOTAL $ 1,029,650 $ 864,231
================== ====================
(1) Request is for operating expenses of jail and therefore are not allowed.
(2) Includes $25,000 for consultant services to design policies and
procedures (May 1 to June 1) prior to implementation of new programs (See
Condition #1).
(3) Assessment requested to be initiated 4/1/94; Review and approved by
7/1/94 with supervision by the Administrator.
(4) 30% / $445,631 = $133,689: total allowable administrative costs.
$133,689 - 82,500 = $51,189: allowable program administrative costs or
14% of $363,131 ($445,631 - 82,500 = $363,131).
* Comprehensive Plans and Services
FISCAL NOTE (Misc. #94101)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: COMMUNITY CORRECTIONS PLAN - APPROVAL AND FUNDING BY THE STATE OFFICE
OF COMMUNITY CORRECTIONS (OCC)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
1) The Oakland County Board of Commissioners approved the Community
Commissioners Minutes Continued. April 14, 1994
206
Corrections Plan on February 10, 1994, per Miscellaneous Resolution
#94034.
2) The State's Office of Community Corrections has reviewed and
approved the County's Community Corrections Plan on March 3, 1994
with the following conditions:
a) Policies and procedures consistent with Public Act 511, the
guidelines of the Office of Community Corrections, and the
Oakland County Comprehensive Corrections Plan will be
developed and in place prior to the expenditure of funds for
new program operation.
b) Prior to expenditure of the funds for the assessment of
computer needs, the County must submit detailed information
regarding the initiative; the request is approved for the
time period of July 1 through August 1.
3) The State has agreed to fund the County's Community Corrections
Plan in the amount of $864,231 as detailed in the attached
schedule, which includes $25,000 for consultant services to design
policies and procedures prior to implementation of new programs as
indicated in the first condition listed above.
4) It is recommended that the funds be accepted in the amount of
$864,231 for the period April 1, 1994 through September 30, 1994.
5) It is further recommended that a new classification titled
Community Corrections Administrator be created, at a grade 16, no
overtime, and that three GOV positions be created: Community
Corrections Administrator, a Clerk III and a Co-op Student, to be
placed under Public Services - Administration Unit (171-01) for the
purposes of coordinating the Community Corrections Plan.
6) The following budget amendment is recommended for the funds related
to Comprehensive Plans and Services only:
NON-DEPARTMENTAL (10100):
3-903-01-00-9XXX Community Corrections $445,631
4-909-01-00-9XXX Community Corrections 445,631
Total $ - 0 -
========
7) The remaining balance of $418,600 are funds which the State
directly issues to the Probation Residential Center.
FINANCE COMMITTEE
Moved by McCulloch supported by Huntoon the resolution be adopted.
AYES: McCulloch, McPherson, Moffitt, Oaks, Palmer, Pernick, Price,
Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Huntoon, Jensen, Johnson,
Kingzett. (18)
NAYS: Miltner, Obrecht, Powers, Garfield, Gosling, Kaczmar. (6)
A sufficient majority having voted therefor, the resolution was adopted.
FISCAL REPORT (Misc. #94061)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS/REMONUMENTATION GRANT UPWARD
RECLASSIFICATION OF ONE (1) PART-TIME NON-ELIGIBLE STUDENT ENGINEER POSITION TO
A FULL-TIME ELIGIBLE ENGINEERING AIDE I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution,
reports as follows:
1) The Remonumentation Grant provides contractual services funding for
survey and marking.
Commissioners Minutes Continued. April 14, 1994
207
2) A full-time eligible Engineering Aide I position can perform the
function at a lesser cost than outside contracting.
3) The total cost of the position ($19,553 annual salary and fringes)
will be covered by the grant.
4) The budget is to be amended to reflect approval of this change at
the time the grant renewal is approved.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing report.
FINANCE COMMITTEE
REPORT (Misc. #94061)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS/REMONUMENTATION GRANT UPWARD
RECLASSIFICATION OF ONE (1) PART-TIME NON-ELIGIBLE STUDENT ENGINEER POSITION TO
A FULL-TIME ELIGIBLE ENGINEERING AIDE I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced General
Government resolution on March 16, 1994, reports with the recommendation that
the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the adoption
of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94061
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS/REMONUMENTATION GRANT UPWARD
RECLASSIFICATION OF ONE (1) PART-TIME NON-ELIGIBLE STUDENT ENGINEER POSITION TO
A FULL-TIME ELIGIBLE ENGINEERING AIDE I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #93050, one (1) part-time
non-eligible Student Engineer position funded by the Remonumentation Grant was
created to assist with the monumentation and remonumentation of the Public Land
Survey Corners program; and
WHEREAS the Public Land Survey Corners program requires extensive
research of historical records and field work; and
WHEREAS the Remonumentation Grant provides funding for contractual
services to survey, locate and mark property section corners; and
WHEREAS a portion of this work could be done at a lower cost through the
use of a County position; and
WHEREAS the use of a full-time Engineering Aide I position to provide a
portion of these services may also generate revenue for the County; and
WHEREAS the total cost of the position will be covered by the
Remonumentation Grant.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the upward reclassification of one (1) part-time non-
eligible Student Engineer position (#21401-07331) to a full-time eligible
Engineering Aide I.
BE IT FURTHER RESOLVED that the Engineering Aide I position will be
discontinued at the termination of the grant.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Garfield the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Commissioners Minutes Continued. April 14, 1994
208
Moved by Jensen supported by Garfield the resolution be adopted.
AYES: McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick,
Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield,
Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #93303)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PURCHASING - INDEPENDENT CONTRACTOR POLICY COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the attached above-referenced
resolution, reports as follows:
1) Due to the use of independent contractors, and the need to maintain
and improve service delivery in the most efficient and effective
manner possible, it is important that the policy and procedures for
the purchase of these services should be reviewed and improved
wherever necessary.
2) The Finance Committee agrees with the establishment of the proposed
study committee per MR# 93303, for the evaluation, screening, and
contracting of independent contractors, and has the support of the
Department of Management and Budget in achieving its stated
purpose.
3) It is recommended that the resolution be amended to add a paragraph
which reads:
"BE IT FURTHER RESOLVED that the study committee shall report
back to the Finance Committee with its recommendations."
Chairperson, on behalf of the Finance Committee, I move acceptance of the
foregoing Report.
FINANCE COMMITTEE
REPORT (Misc. #93303)
BY: General Government Committee, Donald Jensen, Chairperson
IN RE: PURCHASING - INDEPENDENT CONTRACTOR POLICY COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on March 14, 1994, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #93303
BY: Commissioners Ruth Johnson, Shelley Taub, Kay Schmid
IN RE: PURCHASING - INDEPENDENT CONTRACTOR POLICY COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County is continuing its efforts to provide the highest
quality services in the most efficient manner; and
WHEREAS because Oakland County is increasing its utilization of
independent contractors in order to maintain and improve its service delivery
in the most efficient and effective manner possible, it is imperative that the
policy and procedures for the purchase of such services be reviewed and
strengthened wherever necessary.
NOW THEREFORE BE IT RESOLVED that a study committee be established to
review policies and procedures for the evaluation, screening, and contracting
of independent contractors. The committee shall be comprised of three
Commissioners appointed by the Board Chairperson, and one representative from
Commissioners Minutes Continued. April 14, 1994
209
each of the following County Executive Departments: Risk Management,
Personnel, Management and Budget.
Chairperson, we move the adoption of the foregoing resolution.
Ruth A. Johnson, Shelley G. Taub,
Kay Schmid
Moved by Jensen supported by Schmid the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Wolf the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Schmid the resolution be adopted.
Moved by Jensen supported by Wolf the resolution be amended to coincide
with the recommendations in the Finance Committee Report, ie, to add a
paragraph which reads:
BE IT FURTHER RESOLVED that the study committee shall report back
to the Finance Committee with its recommendations.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price,
Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling,
Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #94102)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: INSTITUTIONAL AND HUMAN SERVICES/CMH CREATION OF A PTNE PSYCHIATRIST/
PART-TIME CLASSIFICATION AND SEVEN (7) PART-TIME NON-ELIGIBLE PSYCHIATRIST
PART-TIME POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced General
Government Committee resolution on March 30, 1994, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94102
BY: General Government Committee, Donald Jensen, Chairperson
IN RE: INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF
A PTNE PSYCHIATRIST/PART-TIME CLASSIFICATION AND SEVEN (7) PART-TIME NON-
ELIGIBLE PSYCHIATRIST/PART-TIME POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Manager-Community Mental Health Division is requesting that
the current contracts for psychiatrists be terminated and a new PTNE
classification, and seven (7) PTNE positions titled Psychiatrist/Part-Time be
created; and
WHEREAS all professional services contracts are being reviewed to ensure
that the contracts meet the criteria for independent contractor status as
Commissioners Minutes Continued. April 14, 1994
210
recognized by the Internal Revenue Service; and
WHEREAS by creating this PTNE classification and non-eligible positions,
the administration is endeavoring to eliminate any possibility that the
contracted psychiatrists may potentially be found to be employees.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the termination of current contracts for psychiatrists
in CMH and the creation of a new PTNE classification of Psychiatrist/Part-Time
at a flat hourly rate of $70.00.
BE IT FURTHER RESOLVED that seven (7) PTNE Psychiatrist/Part-Time
positions be created in the following locations to be multi-filled with PTNE
Psychiatrists/Part-Time employees:
El Centro 16607 PTNE 860 hours
Child & Adol Clinic-Pontiac 16608 PTNE 1,500 hours
Child & Adol Day Treatment 16612 PTNE 1,500 hours
DD Psychiatric/Health 16623 PTNE 860 hours
Geriatric Services 16636 PTNE 860 hours
Southwest CMH Clinic 16639 PTNE 860 hours
Admission/Discharge Services 16641 PTNE 860 hours
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT (Misc. #94103)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: INSTITUTIONAL AND HUMAN SERVICES/HEALTH - CREATION OF A SUBSTANCE ABUSE
PROGRAM ANALYST POSITION TO ASSIST WITH THE P.A.C.E. FUNCTION FUNDED BY THE
SUBSTANCE ABUSE GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced General
Government Committee resolution on March 30, 1994, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move adoption of the
foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94103
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: INSTITUTIONAL AND HUMAN SERVICES/HEALTH - CREATION OF A SUBSTANCE ABUSE
PROGRAM ANALYST POSITION TO ASSIST WITH THE P.A.C.E. FUNCTION FUNDED BY THE
SUBSTANCE ABUSE GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Substance Abuse network of Oakland County has expanded in
several dimensions over the last several years; and
WHEREAS during this time the Substance Abuse unit has been required to
assume a number of additional responsibilities under the terms of the contract
with Michigan Department of Public Health; and
WHEREAS in 1991 the State provided the Health Division with additional
funding from the Substance Abuse Grant to the Health Division to perform the
prior authorization and central evaluation (PACE) responsibilities added to the
Substance Abuse Control unit; and
WHEREAS there has been an increase in the responsibilities in the PACE
area in relation to client assessments and prior authorizations for admission
into Intensive Outpatient and Residential Treatment, as well as a substantial
increase
in required statistical data, reports to programs, and activities related to
client follow-up; and
WHEREAS to handle the increased workload the Health Division is
Commissioners Minutes Continued. April 14, 1994
211
requesting to create a Substance Abuse Program Analyst position to be funded
from the Substance Abuse Grant; and
WHEREAS there would be no County funding necessary for this position.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners creates one (1) special revenue Substance Abuse Program Analyst
position within the Substance Abuse Control unit of the Health Division (162-
61).
BE IT FURTHER RESOLVED that continuation of this position is contingent
upon sufficient funds and that in the event that state funding ends this
position will be eliminated.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT
BY: General Government Committee, Donald Jensen, Chairperson
IN RE: APPOINTMENT TO BUILDING AUTHORITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee recommends Kevin Oeffner be appointed to
the Building Authority for the term ending December 31, 1994.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Gosling the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Commissioner Jensen nominated Kevin Oeffner as a member of the Building
Authority for a term ending December 31, 1994. Supported by Dingeldey.
Commissioner Kaczmar nominated Stuart Frankel as a member of the Building
Authority for a term ending December 31, 1994. Supported by Aaron.
Moved by Kaczmar supported by Pernick the appointment be tabled.
A sufficient majority not having voted therefor, the motion to table
failed.
The Chairperson stated that Kevin Oeffner and Stuart Frankel were
nominated as members of the Building Authority.
The vote was as follows:
KEVIN OEFFNER: Moffitt, Obrecht, Palmer, Powers, Schmid, Wolf, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kingzett,
McCulloch, Miltner. (17)
STUART FRANKEL: Oaks, Pernick, Price, Aaron, Kaczmar, McPherson. (6)
A sufficient majority having voted therefor, Kevin Oeffner was appointed
to the Building Authority for a term ending December 31, 1994.
Commissioners Minutes Continued. April 14, 1994
212
REPORT
BY: General Government Committee, Donald Jensen, Chairperson
IN RE: APPOINTMENT TO HURON CLINTON METROPOLITAN AUTHORITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee recommends James Clarkson be reappointed
to the Huron Clinton Metropolitan Authority for the six year term May 15, 1994
to May 15, 2000.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Obrecht the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Obrecht to reappoint James Clarkson to the
Huron Clinton Metropolitan Authority for the six year term May 15, 1994 to May
15, 2000.
AYES: Obrecht, Palmer, Pernick, Powers, Price, Schmid, Wolf, Aaron,
Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, James Clarkson was
reappointed to the Huron Clinton Metropolitan Authority for the six year term
May 15, 1994 to May 15, 2000.
MISCELLANEOUS RESOLUTION #94104
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: SHERIFF'S DEPARTMENT - 1993/1995 LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE OAKLAND COUNTY COMMAND OFFICERS ASSOCIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Sheriff's Department, the County of Oakland
and the Oakland County Command Officers Association have been negotiating a
contract covering approximately Eighty (80) General Fund Command Officers of
the Oakland County Sheriff's Department; and
WHEREAS a three (3) year agreement has been reached for the period
January 1, 1993 through December 31, 1995 and said agreement has been reduced
to writing; and
WHEREAS the parties have reached a separate agreement related to the
inclusion of these employees in the "Early Out" retirement plan as provided to
non-represented employees in Miscellaneous Resolution #93165 and said agreement
has been reduced to writing; and
WHEREAS both agreements have been reviewed by your Personnel Committee
which recommends approval of the agreements.
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the
Oakland County Sheriff's Department, the County of Oakland and the Oakland
County Command Officers Association employees, be and the same is hereby
approved; and that the Chairperson of this Board, on behalf of the County of
Oakland be and is hereby authorized to execute said agreement, a copy of which
is attached hereto.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Collective Bargaining Agreement on file in County Clerk's Office.
The Chairperson referred the resolution to the Finance Committee. There
Commissioners Minutes Continued. April 14, 1994
213
were no objections.
MISCELLANEOUS RESOLUTION (#94105)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION FOURTH 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 Fourth 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 Oakland Board of Commissioners
authorizes implementation of changes in salary grade placement and retitling of
classifications as shown:
Salary Grade
Classification From: To: Location-Position
Social Worker II 12 14 34712-07051
(Retitle to Probate Court
Resource & Program Spec)
Probate Court Counsel 19 20 34103-01424
Chief-Intake Servs 15 17 34103-01820
(Retitle to Chief-Judicial
Support Services)
Sheriff Business Asst. 11 14 43201-01808
(Retitle to Sheriff
Admin Servs Supv)
Mgr - Development 20 21 19201-04720
& Planning
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #94074
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION - EXTENSION OF
LEASE FOR 52ND DISTRICT, 4TH DIVISION COURT FACILITIES IN THE CITY OF TROY
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the County of Oakland is the control unit for the 52/4 District
Court; and
WHEREAS the 52/4 District Court is presently located in the City of Troy
Municipal Building; and
WHEREAS the current lease for the 52/4 District Court facilities expired
on the 28th of February, 1994; and
WHEREAS the City of Troy and the County of Oakland desires to extend this
Commissioners Minutes Continued. April 14, 1994
214
lease on a month to month Lease under the terms and conditions as set forth in
the original 1985 lease, at an annual rate of $75,668.00 plus adjustments
upward
or downward to reflect changes in the City of Troy's cost of labor, supplies,
utilities, and insurance.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the extension of the Lease for the 52/4 District Court
with the City of Troy on a month to month Lease under the same terms and
conditions as originally set forth in the 1985 Lease between the City of Troy
and the County of Oakland.
BE IT FURTHER RESOLVED that the Board of Commissioners directs its
Chairperson to execute the necessary documents to extend this Lease.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
THIRD EXTENSION OF LEASE
This Lease Extension is made this 1st day of March, 1994, between the
City of Troy (the "Lessor") and the County of Oakland (the "Lessee").
It is agreed by the parties that the Lease Agreement dated the 21st day
of February, 1985, for the term of March 1, 1985, through February 28, 1994,
for the 52nd Judicial District Court, 4th Division, is hereby extended on a
month to month Lease beginning March 1, 1994.
It is further agreed that all terms and conditions as set forth in the
Original lease are continued in full force and effect, including the rental
rate and annual adjustments which shall be effective as of March 1 in the years
1994 and 1995.
WITNESSES: CITY OF TROY
_________________________ By:________________________
_________________________ By:________________________
COUNTY OF OAKLAND
By:
Its:
Oakland County Board of
Commissioners
Copy of Lease, Extension of Lease and Second Extension of Lease on file
in the County Clerk's office.
FISCAL NOTE (Misc. #94074)
By: Finance Committee, John McCulloch, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION - EXTENSION OF
LEASE FOR 52ND DISTRICT, 4TH DIVISION COURT FACILITIES IN THE CITY OF TROY
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 #94074 and finds:
1) The current lease for the 52/4 District Court expired on February
28, 1994.
2) The City of Troy and the County of Oakland wish to extend the lease
on a month to month basis under the terms and conditions as set
forth in the original 1985 lease.
3) The extension continues at the annual rate of $75,668 plus
adjustments upward or downward to reflect changes in the City of
Commissioners Minutes Continued. April 14, 1994
215
Troy's cost of labor, supplies, utilities, and insurance.
4) Funds for the lease are included in the Court's 1994-1995 Adopted
Biennial Budget.
5) The Board of Commissioners is requested to direct its Chairperson
to execute the necessary documents to extend this lease.
FINANCE COMMITTEE
Moved by Palmer supported by Gosling the resolution be adopted.
AYES: Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #94106)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: DRAIN COMMISSIONER - EXTENSION OF CONTRACT WITH FORMER COUNTY EMPLOYEE,
THOMAS EBERSBACH
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced Planning
and Building Committee resolution on March 30, 1994, reports with the
recommendation that the resolution be adopted with the following amendments:
1. The ending date in the NOW THEREFORE BE IT RESOLVED paragraph be
changed from June 30, 1994 to September 30, 1994; and
2. Add an additional paragraph BE IT FURTHER RESOLVED that no further
extension of the subject contract with Thomas Ebersbach will be
approved.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94106
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - EXTENSION OF CONTRACT WITH FORMER COUNTY EMPLOYEE,
THOMAS EBERSBACH
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #93300, approved 12/09/93, requires that
all requests for entering into professional services contracts with former
county employees be approved by the Board of Commissioners; and
WHEREAS Miscellaneous Resolution #94026, approved 2/10/94 provided a
professional services contract with Thomas Ebersbach for the period January 18,
1994 to March 31, 1994 for the purpose of right-of-way negotiation; and
WHEREAS recruitment efforts have been initiated to provide full-time
County employees to meet the Drain Commissioner's right-of-way needs but more
time is necessary before an eligibility list can be established; and
WHEREAS contractual right-of-way assistance remains critical to
construction progress until new County staff is added and trained; and
WHEREAS the Drain Department wishes Board of Commissioner authorization to
extend the professional services contract with Thomas Ebersbach for the period
April 1, 1994 to June 30, 1994 for the purpose of right-of-way negotiation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves extending the contract with Thomas Ebersbach for the
period April 1, 1994 to June 30, 1994.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Contract for Work and Services on file in County Clerk's Office.
Commissioners Minutes Continued. April 14, 1994
216
FISCAL NOTE (Misc. #94106)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - EXTENSION OF CONTRACT WITH FORMER COUNTY EMPLOYEE,
THOMAS EBERSBACH
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 #94106 and finds:
1) Miscellaneous Resolution #93300 established a procedure for the
establishment of professional services contracts with former County
employees.
2) Miscellaneous Resolution #94026, approved February 10, 1994
established a contract with Thomas Ebersbach which expires March
31, 1994.
3) Recruitment efforts are underway to provide full-time County
employees to meet the Drain Commissioner's right-of-way needs.
4) Because of critical timing in construction projects the Drain
Commissioner has requested an extension to the professional
services contract with Thomas Ebersbach to perform right-of-way
acquisition duties.
5) The total duration of this professional services contract extension
will be ninety (90) days ending June 30, 1994.
6) The hourly rate for this contract will be unchanged at $20.00 per
hour.
7) Funding for the payment of this contract will come from Drain
Commissioner Projects and will not impact the County General Fund.
FINANCE COMMITTEE
Moved by Palmer supported by McCulloch the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by McCulloch the resolution be adopted.
Moved by Palmer supported by McCulloch the resolution be amended to
coincide with the recommendations in the Personnel Committee Report, ie,
1. The ending date in the NOW THEREFORE BE IT RESOLVED paragraph be
changed from June 30, 1994 to September 30, 1994; and
2. Add an additional paragraph to read: BE IT FURTHER RESOLVED that no
further extension of the subject contract with Thomas Ebersbach
will be approved.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Pernick, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey,
Douglas, Garfield, Gosling, Huntoon, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer. (22)
NAYS: Aaron. (1)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #94107)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: DRAIN COMMISSIONER - EXTENSION OF CONTRACT WITH FORMER COUNTY EMPLOYEE,
EDWARD MICOL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced Planning
Commissioners Minutes Continued. April 14, 1994
217
and Building Committee resolution on March 30, 1994, reports with the
recommendation that the resolution be adopted with the following amendments:
1. The ending date in the NOW THEREFORE BE IT RESOLVED paragraph be
changed from June 30, 1994, to September 30, 1994; and
2. Add an additional paragraph: BE IT FURTHER RESOLVED that no
further extension of the subject contract with Edward Micol will be
approved.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94107
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - EXTENSION OF CONTRACT WITH FORMER COUNTY EMPLOYEE,
EDWARD MICOL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #93300, approved 12/09/93, requires that
all requests for entering into professional services contracts with former
county employees be approved by the Board of Commissioners; and
WHEREAS Miscellaneous Resolution #94025, approved 2/10/94 provided a
professional services contract with Edward Micol for the period January 18,
1994 to March 31, 1994 for the purpose of right-of-way negotiation; and
WHEREAS recruitment efforts have been initiated to provide full-time
County employees to meet the Drain Commissioner's right-of-way needs but more
time is necessary before an eligibility list can be established; and
WHEREAS contractual right-of-way assistance remains critical to
construction progress until new County staff is added and trained; and
WHEREAS the Drain Department wishes Board of Commissioner authorization to
extend the professional services contract with Edward Micol for the period
April 1, 1994 to June 30, 1994 for the purpose of right-of-way negotiation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves extending the contract with Edward Micol for the period
April 1, 1994 to June 30, 1994.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Contract for Work and Services on file in the County Clerk's
office.
FISCAL NOTE (Misc. #94107)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - EXTENSION OF CONTRACT WITH FORMER COUNTY EMPLOYEE,
EDWARD MICOL
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 #94107 and finds:
1) Miscellaneous Resolution #93300 established a procedure for the
establishment of professional services contracts with former County
employees.
2) Miscellaneous Resolution #94025 approved February 10, 1994
established a contract with Edward Micol which expires March 31,
1994.
3) Recruitment efforts are underway to provide full-time County
employees to meet the Drain Commissioner's right-of-way needs.
4) Because of critical timing in construction projects the Drain
Commissioner has requested an extension to the professional
services contract with Edward Micol to perform right-of-way
Commissioners Minutes Continued. April 14, 1994
218
acquisition duties.
5) The total duration of this professional services contract extension
will be ninety (90) days ending June 30, 1994.
6) The hourly rate for this contract will be unchanged at $20.00 per
hour.
7) Funding for the payment of this contract will come from Drain
Commissioner Projects and will not impact the County General Fund.
FINANCE COMMITTEE
Moved by Palmer supported by Powers the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Powers the resolution be adopted.
Moved by Palmer supported by Powers the resolution be amended to coincide
with the recommendations in the Personnel Committee Report, ie,
1. The ending date in the NOW THEREFORE BE IT RESOLVED paragraph be
changed from June 30, 1994, to September 30, 1994; and
2. Add an additional paragraph: BE IT FURTHER RESOLVED that no
further extension of the subject contract with Edward Micol will be
approved.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Powers, Price, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield,
Gosling, Huntoon, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick. (22)
NAYS: Aaron. (1)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #94079)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/DEVELOPMENT AND PLANNING -
RECLASSIFICATION OF ONE (1) TECHNICAL ASSISTANT POSITION TO FINANCIAL ANALYST I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced Planning
and Building Committee resolution on March 16, 1994, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94079
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/DEVELOPMENT AND PLANNING -
RECLASSIFICATION OF ONE (1) TECHNICAL ASSISTANT POSITION TO FINANCIAL ANALYST I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS one (1) Technical Assistant position was requested by the
Development and Planning Division in June of 1993 as part of the 1994 budget;
and
WHEREAS the position was approved as part of the 1994 adopted budget; and
WHEREAS the funding for the position is 100% reimbursed by the Local
Development Company (LDC); and
WHEREAS the duties required of the Technical Assistant position have
Commissioners Minutes Continued. April 14, 1994
219
changed significantly since the position was originally created in the 1994
adopted budget; and
WHEREAS the duties and qualifications of the position are more closely
related to the level required in the Financial Analyst I classification; and
WHEREAS the LDC has agreed to increase the reimbursement of this position
to cover the cost of upwardly reclassifying it to a Financial Analyst I.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the upward reclassification of one (1) governmental
Technical Assistant position (#19202-07344) in the Development and Planning
Division to a Financial Analyst I.
BE IT FURTHER RESOLVED that if the reimbursement funding for this
position were to be discontinued or reduced, that the position would be
deleted.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #94079)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/DEVELOPMENT AND PLANNING -
RECLASSIFICATION OF ONE (1) TECHNICAL ASSISTANT POSITION TO FINANCIAL ANALYST I
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 #94079 and finds:
1) The resolution approves the reclassification of one (1) Technical
Assistant position to a Financial Analyst I.
2) Funding for this position is 100% reimbursed by the Local
Development Company (LDC).
3) The LDC has agreed to increase the reimbursement of this position
to cover the cost of upwardly reclassifying it to a Financial
Analyst I.
4) The 1994-95 Budget should be amended as shown below:
1994 1995
Revenues
3-10100-191-01-00-2119 Economic Dev. Fees $5,664 $7,014
$5,664 $7,014
Expenditures
4-10100-192-01-00-1001 Salaries $4,156 $5,146
4-10100-192-01-00-2070 Fringe Benefits 1,508 1,868
$5,664 $7,014
$ -0- $ -0-
====== ======
FINANCE COMMITTEE
Moved by Palmer supported by Kingzett the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Kingzett the resolution be adopted.
AYES: Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas,
Garfield, Gosling, Huntoon, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94108
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE HOLLY SEWAGE DISPOSAL
Commissioners Minutes Continued. April 14, 1994
220
SYSTEM (WASTEWATER TREATMENT PLANT IMPROVEMENTS) CONTRACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Village of Holly (the "Village") is in urgent need of
wastewater treatment plant improvements to the Holly Sewage Disposal System,
which improvements are described in the form of the proposed contract
hereinafter mentioned (sometimes referred to herein as the "Project"), in order
to promote the health and welfare of the residents thereof, which wastewater
treatment plant improvements also would benefit the County and its residents,
and the parties to said proposed contract have concluded that such improvements
can be provided and financed most economically and efficiently by the County
through the exercise of the powers conferred by Act 342, Public Acts of
Michigan, 1939, as amended ("Act 342"), and especially Sections 5a, 5b and 5c
thereof; and
WHEREAS by the terms of Act 342, the County and the Village are
authorized to enter into a contract for the acquisition, construction and
financing of the Project to serve the Village and for the payment of the cost
thereof by the Village, with interest, and the County is then authorized to
issue its bonds in one or more series to provide the funds necessary therefor;
and
WHEREAS there has been submitted to this Board of Commissioners a
proposed contract between the County, by and through the County Drain
Commissioner, County Agency, party of the first part, and the Village, party of
the second part (the "Contract"), which Contract provides for the acquisition,
construction and financing of the Project and which Contract is hereinafter set
forth in full; and
WHEREAS there have also been submitted for approval and adoption by this
Board of Commissioners, preliminary plans, specifications and estimates of the
cost and period of usefulness of the Project; and
WHEREAS this Board of Commissioners desires to proceed with the Project
and the approval and execution of the Contract to acquire, construct and
finance the Project as provided in the Contract.
THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County,
Michigan, as follows:
1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board
of Commissioners by majority vote of its members-elect does hereby approve,
under and pursuant to Act 342, wastewater treatment plant improvements to the
Holly Sewage Disposal System (the "Project"), which shall consist of the
removal and replacement of twelve rotating disc units, one digestor cover and
pressure filter valves and the installation of new plant instrumentation, as
specified and to be located as shown in Exhibit A to the Contract; that the
Project shall serve the Village; that the Oakland County Drain Commissioner is
hereby designated and appointed as the "County Agency" for the Project; that
the County Agency shall have all the powers and duties with respect to the
Project as are provided by law and especially by Act 342; and that all
obligations incurred by the County Agency with respect to the Project, unless
otherwise authorized by this Board of Commissioners, shall be payable solely
from funds derived from the Village as hereinafter provided.
2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND
COST. The preliminary plans and specifications for the Project and the
estimates of $1,540,000 as the cost thereof and of 10 years and upwards as the
period of usefulness thereof, as submitted to this Board of Commissioners, are
hereby approved and adopted.
3. EXCEPTION FROM PRIOR TREASURY APPROVAL. The County Drain
Commissioner and the County Treasurer are each hereby severally authorized to
file with the Michigan Department of Treasury a Notice of Intent to Issue an
Obligation with respect to each series of the aforementioned bonds in aggregate
principal amount not to exceed $1,525,000 and to pay, upon the filing of said
notice, the filing fee of $100 for each series of bonds to be issued in
principal amount less than $500,000 and $400 for each series of bonds to be
issued in principal amount of $500,000 or more.
4. APPROVAL OF CONTRACT. The Holly Sewage Disposal System (Wastewater
Commissioners Minutes Continued. April 14, 1994
221
Treatment Plant Improvements) Contract dated as of April 1, 1994, between the
County, by and through the County Drain Commissioner, party of the first part,
and the Village, party of the second part, which Contract has been submitted
to this Board of Commissioners, is hereby approved and adopted, and the County
Drain Commissioner is hereby authorized and directed to execute and deliver the
same for and on behalf of the County, in as many counterparts as may be deemed
advisable, after the Contract has been executed by the appropriate officials of
the Village. The Contract reads as follows:
CONTRACT
HOLLY SEWAGE DISPOSAL SYSTEM
(Wastewater Treatment Plant Improvements)
THIS CONTRACT made and entered into as of the 1st day of April, 1994, by
and between the COUNTY OF OAKLAND, a county corporation in the State of
Michigan (hereinafter sometimes referred to as the "County"), by and through
its Drain Commissioner, County Agency, party of the first part, and the VILLAGE
OF HOLLY, a home rule village located in the County (hereinafter sometimes
referred to as the "Village"), party of the second part,
W I T N E S S E T H:
WHEREAS pursuant to Act No. 342, Public Acts of Michigan, 1939, as
amended (hereinafter sometimes referred to as "Act 342"), the Board of
Commissioners of the County, by majority vote of its members-elect, has
established a county system of sewage disposal improvements and services to
serve the Village, said system is known as the "Holly Sewage Disposal System"
(hereinafter sometimes referred to as the "System"), and has designated the
Oakland County Drain Commissioner as the county agency for the System with all
powers and duties with respect thereto as are provided by Act 342 (said Drain
Commissioner being hereinafter sometimes referred to as the "County Agency");
and
WHEREAS under and subject to the terms of Act 342, the County is
authorized, through the County Agency, to acquire and construct the wastewater
treatment plant improvements hereinafter described as part of the System (the
"Project"), the County and the Village are authorized to enter into a contract,
as hereinafter provided, for the acquisition and construction of the Project by
the County and for financing all or part of the cost thereof by the issuance of
bonds by the County secured by the pledge of the full faith and credit of the
Village to pay such cost with interest to the County in installments extending
over a period not exceeding forty (40) years, and the County is authorized to
issue such bonds and, if authorized by majority vote of the members-elect of
its Board of Commissioners, to pledge its full faith and credit for the payment
of such bonds and the interest thereon; and
WHEREAS the Village is urgent need of such wastewater treatment plant
improvements in order to promote the health and welfare of the residents
thereof, which improvements would likewise benefit the County and its
residents, and the parties hereto have concluded that such improvements can be
provided and financed most economically and efficiently by the County through
the exercise of the powers conferred by Act 342, and especially Sections 5a, 5b
and 5c thereof; and
WHEREAS the consulting engineers have prepared preliminary plans for the
Project and estimates of the cost and period of usefulness thereof, all of
which have been submitted to and approved by the Board of Commissioners of the
County and the Village Council of the Village and placed on file with said
Board of Commissioners in the office of the County Agency, said estimates being
set forth in Exhibit B hereunto attached; and
WHEREAS it is proposed that the cost of the Project be financed by the
issuance of County bonds; and
WHEREAS in order to provide for the acquisition and construction of the
Project by the County and the financing of the cost thereof by the issuance of
County bonds, and for other related matters, it is necessary for the parties
hereto to enter into this contract.
THEREFORE IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH
OTHER, THE PARTIES HERETO AGREE as follows:
Commissioners Minutes Continued. April 14, 1994
222
1. The parties hereto approve and agree to the acquisition,
construction and financing of the Project, as herein provided, under and
pursuant to Act 342. The Village by way of compliance with Section 29, Article
VII, Michigan Constitution of 1963, consents and agrees to the establishment
and location of the Project within its corporate boundaries and to the use by
the County of its streets, highways, alleys, lands, rights-of-way or other
public places for the purpose and facilities of the Project and any
improvements, enlargements or extensions thereof, and the Village further
agrees that, in order to evidence and effectuate the foregoing agreement and
consent, it will execute and deliver to the County such grants of easement,
right-of-way, license, permit or consent as may be requested by the County.
2. The Project shall consist of the improvements to the System as
described and specified on Exhibit A, which is hereunto attached and is made a
part hereof, and as are more particularly set forth in the preliminary plans
which have been prepared and submitted by the consulting engineers, which plans
are on file with the County Agency and are approved and adopted. The Project
shall be acquired and constructed substantially in accordance with said
preliminary plans and in accordance with final plans and specifications to be
prepared and submitted by the consulting engineers, but variations therefrom
which do not materially change the location, capacity or overall design of the
Project, and which do not require an increase in the total estimated cost of
the Project, may be permitted on the authority of the County Agency. Other
variations or changes may be made if approved by the County Agency and by
resolution of the Village Council of the Village and if provisions required by
Paragraph 5 hereof are made for payment or financing of any resulting increase
in the total estimated cost. The estimate of the cost of the Project and the
estimate of the period of usefulness thereof as set forth in Exhibit B are
approved and adopted.
3. The County Agency shall take or cause to be taken all actions
required or necessary, in accordance with Act 342, to procure the issuance and
sale of bonds by the County, in one or more series, in whatever aggregate
principal amount is necessary to finance the cost of the Project. Such bonds
shall be issued in anticipation of, and be payable primarily from, the payments
to be made by the Village to the County as provided in this contract, and shall
be secured secondarily, if so voted by the Board of Commissioners of the
County, by a pledge of the full faith and credit of the County, and the said
bonds shall be payable in annual maturities the last of which shall be not more
than forty years from the date thereof.
4. The County Agency shall proceed to take construction bids for the
improvements to be constructed and, subject to the sale and delivery of bonds,
enter into construction contracts with the lowest responsible bidder or
bidders, procure from the contractors all necessary and proper bonds, cause the
improvements to be constructed within a reasonable time, and do all other
things required by this contract and the laws of the State of Michigan. All
certificates for required payments to contractors shall be approved by the
consulting engineers before presentation to the County Agency and the latter
shall be entitled to rely on such approval in making payments.
5. In the event that it shall become necessary to increase the
estimated cost of the Project as hereinbefore stated, or if the actual cost of
the Project shall exceed the estimated cost, whether as the result of
variations or changes permitted to be made in the approved plans or otherwise,
then (without execution of any further contract or amendment of this contract)
the Village, by resolution of the Village Council adopted within fifteen days
after the receipt of construction bids, may direct that a portion of the
Project be deleted sufficient to reduce the total cost to an amount that shall
not exceed the total estimated cost as hereinbefore stated by more than 5%,
provided that such deletion shall not materially change the general scope,
overall design, and purpose of the Project, or in the absence of the adoption
of such a resolution the Village shall pay or procure the payment of the
increase or excess in cash, or County bonds in an increased or additional
amount (upon adoption of an authorizing resolution therefor by the Board of
Commissioners) shall be issued to defray such increased or excess cost, to the
Commissioners Minutes Continued. April 14, 1994
223
extent that funds therefor are not available from other sources; provided,
however, that no such increase or excess shall be approved and no such
increased or additional County bonds shall be authorized to be issued, nor
shall the County enter into any contract for acquisition or construction of
the Project or any part thereof or incur any obligation for or pay any item of
cost therefor, where the effect thereof would be to cause the total cost of the
Project to exceed by more than 5% its total estimated cost as hereinbefore
stated, unless the Village Council previously shall have adopted a resolution
approving such increase or excess and agreeing that the same (or such part
thereof as is not available from other sources) shall be paid or its payment
procured by the Village in cash or be defrayed by the issuance of increased or
additional County bonds in anticipation of increased or additional payments
agreed to be made by the Village to the County in the manner hereinbefore
provided; provided, further, that the adoption of such resolution by the
Village Council shall not be required prior to or as a condition precedent to
the issuance of additional bonds by the County, if the County previously has
issued or contracted to sell bonds to pay all or part of the cost of the
Project and the issuance of the additional bonds is necessary (as determined by
the County) to pay such increased, additional or excess costs as are essential
to completion of the Project according to the plans as last approved prior to
the time when the previous bonds were issued or contracted to be sold.
6. The Village shall pay to the County the entire cost of the Project
not defrayed by grants and funds available from other sources, which for this
purpose shall include, in addition to the items of the nature set forth in
Exhibit B (represented by the principal amount of the bonds to be issued by the
County), all interest payable by the County on said bonds and all paying agent
fees and other expenses and charges (including the County Agency's
administrative expenses) which are payable on account of said bonds (such fees,
expenses and charges being herein called "bond service charges"). Such
payments shall be made to the County in annual installments which shall be due
and payable at least thirty days prior to the day of the month specified in the
County bonds as the annual principal maturity date thereof. Such an annual
installment shall be so paid in each year, if the principal and/or non-
capitalized interest on said bonds falls due during the twelve-month period
beginning on such principal maturity date in said year, and the amount of each
installment so due and payable shall be at least sufficient to pay all such
principal and/or interest thus falling due and all bond service charges then
due and payable. The County Agency, within thirty days after delivery of the
County bonds to the purchaser, shall furnish the treasurer of the Village with
a complete schedule of the principal and interest maturities thereon, and the
County Agency also, at least thirty days before each payment is due, shall
advise the treasurer of the amount payable to the County on such date. If the
Village fails to make any payment to the County when due, the same shall be
subject to a penalty of 1% thereof for each month or fraction thereof that such
amount remains unpaid after due. Failure of the County Agency to furnish the
schedule or give the notice as above required shall not excuse the Village from
the obligation to make payment when due. Payments shall be made by the Village
when due whether or not the Project has then been completed or placed in
operation.
7. The Village may pay in advance of maturity all or any part of an
annual installment due the County on the bonds by surrendering to the County
bonds issued hereunder of a like principal amount maturing in the same calendar
year or by paying to the County in cash the principal amount of any County
bonds which are subject to redemption prior to maturity, plus all interest
thereon to the first date upon which such bonds may be called for redemption,
and plus all applicable call premiums and bond service charges, and in such
event the County Agency shall call said bonds for redemption at the earliest
possible date. The installments or parts thereof so prepaid shall be deemed to
be the installments or parts thereof falling due in the same calendar year as
the maturity dates of the bonds surrendered or called for redemption.
8. The proceeds of sale of the bonds shall be used solely and only to
pay the cost of the Project, and after completion thereof and payment of all
Commissioners Minutes Continued. April 14, 1994
224
costs in connection therewith, any surplus remaining from the sale of the bonds
shall be (i) used to purchase the bonds on the open market or (ii) retained by
the County Agency as a reserve for payment of the bond principal and interest
maturities next falling due, and in such event the contract obligations of the
Village in respect to such bonds or such maturities shall be reduced by the
principal amount of bonds so purchased or of said reserve, said reduction in
case of the purchase of bonds, to be applied as to year, in accordance with the
year of the maturity of the bonds so purchased. Any bonds so purchased shall
be cancelled. In the alternative, such surplus may be used, on request of the
Village and approval by the Board of Commissioners of the County, to extend,
enlarge or improve the System or to acquire and construct additional wastewater
treatment facilities to serve the Village.
9. The Village, pursuant to the authorization of Section 5a of Act
342, hereby pledges its full faith and credit for the prompt and timely payment
of its obligations expressed in this contract and each year shall levy a tax in
an amount which, taking into consideration estimated delinquencies in tax
collections, will be sufficient to pay its obligations under this contract
becoming due before the time of the following year's tax collections; provided,
however, that if at the time of making its annual tax levy, the Village shall
have on hand in cash other funds which have been set aside and pledged or are
otherwise available for the payment of such contractual obligations falling due
prior to the time of the next tax collection, then the annual tax levy may be
reduced by such amount. Taxes imposed by the Village shall be subject to
applicable constitutional tax limitations. The Village Council of the Village
each year, at least 90 days prior to the final date provided by law or charter
for the making of the annual tax levy, shall submit to the County Agency a
written statement setting forth the amount of its obligations to the County
which become due and payable under this contract prior to the time of the next
following year's tax collections, the amount of the funds which the Village has
or will have on hand or to its credit in the hands of the County which have
been set aside and pledged for payment of said obligations to the County and
the amount of the taxes next proposed to be levied for the purpose of raising
money to meet such obligations. The County Agency promptly shall review such
statement, and if he finds that the proposed tax levy is insufficient, he shall
so notify the Village Council and the Village hereby covenants and agrees that
it will thereupon increase its levy to such extent as may be required by the
County Agency.
10. In the event that the Village shall fail for any reason to pay to
the County Agency at the times herein specified, the amounts herein required to
be paid, the state treasurer or other official charged with the disbursement of
unrestricted state funds returnable to the Village pursuant to the Michigan
constitution is authorized hereby to withhold sufficient funds to make up any
default or deficiency in funds. In the event the County is required to advance
any money by reason of its pledge of full faith and credit on the bonds to be
issued to finance the acquisition and construction of the Project on account
of the delinquency of the Village the County Treasurer shall notify the state
treasurer to deduct the amount of money so advanced by the County from any
unrestricted moneys in the state treasurer's possession belonging to the
Village and to pay such amount to the County. In addition to the foregoing,
the County shall have all other rights and remedies provided by law to enforce
the obligations of the Village to make payments in the manner and at the times
required by this contract. It is specifically recognized by the Village that
the payments required to be made by it pursuant to the terms of this contract
are to be pledged for the payment of the principal of and interest on bonds to
be issued by the County, and the Village covenants and agrees that it will make
its required payments to the County promptly and at the times herein specified,
without regard as to whether the project herein contemplated is actually
completed or placed in operation; provided, only, that nothing herein contained
shall limit the obligation of the County to perform in accordance with the
covenants contained herein.
11. No change in the jurisdiction over any territory in the Village
shall impair in any manner the obligations of this contract or affect the
Commissioners Minutes Continued. April 14, 1994
225
obligations of the Village hereunder. In the event that all or any part of the
territory of a Village is incorporated as a new city or village or is annexed
to or becomes a part of the territory of another municipality, the municipality
into which such territory is incorporated or to which such territory is annexed
shall assume the proper proportionate share of the contractual obligations
(including the pledge of full faith and credit) of the Village, which proper
proportionate share shall be fixed and determined by the County Agency and
shall be binding upon all parties concerned unless, within sixty (60) days
after such incorporation or annexation becomes effective, the municipality into
which such territory is incorporated or to which such territory is annexed and
the Village shall by mutual agreement and with the written approval of the
County Agency fix and determine such proper proportionate share. The County
Agency, prior to making such determination, shall receive a written
recommendation as to the proper proportionate share from a committee composed
of one representative designated by the Village Council of the Village, one
designated by the governing body of the new municipality or the municipality
annexing such territory and one independent registered engineer appointed by
the County Agency. Each governmental unit shall appoint its representative
within fifteen (15) days after being notified to do so by the County Agency and
within a like time the County Agency shall appoint the engineer third member.
If any such representative (other than the appointee of the County Agency) is
not appointed within the time above provided, then the County Agency may
proceed without said recommendation. If the committee shall not make the
recommendation within forty-five (45) days after its appointment or within any
extension thereof by the County Agency, then the County Agency may proceed
without such recommendation.
12. This contract is contingent upon the County issuing its negotiable
bonds as herein provided to defray such part of the total estimated cost of the
Project as is necessary to be financed, which bonds shall be issued under the
authorization provided in Section 5a, 5b and 5c of Act 342. Interest on the
bonds may be capitalized and paid from the bond proceeds for a period not
exceeding the estimated construction period and one year thereafter. In the
event that the bonds are not issued within three years from the date of this
contract, unless this contract is extended by mutual agreement it shall become
null and void, except that the Village shall pay, or reimburse the County for
the payment of, all engineering, consulting, legal and other costs and expenses
theretofore incurred and shall be entitled to all plans, specifications and
other engineering data and materials.
13. After completion the operation and maintenance of the Project shall
be in accordance with applicable agreements between the County and the Village.
14. It is understood and agreed by the parties hereto that the
improvements to the System through the Project are to serve the Village and not
the individual property owners and users thereof, unless by special
arrangement between the County Agency and the Village. The responsibility of
requiring connection to and use of the System and/or providing such additional
facilities as may be needed shall be that of the Village which shall cause to
be constructed and maintained, directly or through the County, any such
necessary additional facilities. The County shall not be obligated to acquire
or construct any facilities other than those designated in Paragraph 2 hereof.
15. The County shall have no obligation or responsibility for providing
facilities except as herein expressly provided with respect to the acquisition
and construction of the Project or as otherwise provided by contract. The
Village shall have the authority and the responsibility to provide such other
facilities and shall have the right to expand the facilities of the System by
constructing or extending sewers or related facilities, connecting the same to
the System, and otherwise improving the System. It is expressly agreed,
nevertheless, that no such connection shall be made to the System and no
improvements, enlargements or extensions thereof shall be made without first
securing a permit therefor from the County. Any such permit may be made
conditional upon inspection and approval of new construction by the County. It
is further agreed that the System shall be used for collection and conveyance
of sanitary sewage only and that the Village shall take all necessary action to
Commissioners Minutes Continued. April 14, 1994
226
prevent entry into the System of storm waters and also to prevent entry of
sewage or wastes of such a character as to be injurious to the System or to the
public health and safety.
16. All powers, duties and functions vested by this contract in the
County shall be exercised and performed by the County Agency, for and on behalf
of the County, unless otherwise provided by law or in this contract.
17. The parties hereto recognize that the holders from time to time of
the bonds to be issued by the County under the provisions of Act 342, and
secured by the full faith and credit pledge of the Village to the making
payments as set forth in this contract, will have contractual rights in this
contract, and it is therefore covenanted and agreed that so long as any of said
bonds shall remain outstanding and unpaid, the provisions of this contract
shall not be subject to any alteration or revision which would affect adversely
either the security of the bonds or the prompt payment of principal or interest
thereon. The right to make changes in this contract, by amendment,
supplemental contract or otherwise is nevertheless reserved insofar as the same
do not have such adverse effect. The parties hereto further covenant and agree
that they each will comply with their respective duties and obligations under
the terms of this contract promptly, at the times and in the manner herein set
forth, and will not suffer to be done any act which would impair in any way
the contract of said bonds, the security therefor or the prompt payment of
principal and interest thereon. It is declared hereby that the terms of this
contract and of any amendatory or supplemental contract and any contract
entered into pursuant hereto, insofar as they pertain to said bonds or to the
payment of the security thereof, shall be deemed to be for the benefit of the
holders of said bonds.
18. In the event that any one or more of the provisions of this
contract for any reason shall be held to be invalid, illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability shall not
affect any other provisions hereof, but this contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained
herein.
19. This contract shall become effective upon its execution by each
party hereto and the expiration of 45 days after the date of publication of the
notice required by Section 5b of Act 342; provided, however, that if, within
the 45 day period, a proper petition is filed with the Village Clerk of the
Village in accordance with the provisions of said Section 5b of Act 342 then
this contract shall not be effective until its approval by the vote of a
majority of the electors of the Village qualified to vote and voting thereon at
a general or special election. This contract shall terminate forty (40) years
from the date hereof or on such earlier date as shall be mutually agreed;
provided, however, that it shall not be terminated at any time prior to the
payment in full of the principal of and interest on the County bonds together
with all bond service charges pertaining to said bonds. This contract may be
executed in several counterparts. The provisions of this contract shall inure
to the benefit of and be binding upon the successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed and delivered by the undersigned, being duly authorized by the
respective governing bodies of such parties, all as of the day and year first
above written.
COUNTY OF OAKLAND
By:
_______________________________
County Drain Commissioner
(County Agency)
VILLAGE OF HOLLY
By:
_______________________________
Commissioners Minutes Continued. April 14, 1994
227
Mayor
And:
_______________________________
Clerk
(end of contract)
5. 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
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Exhibit A and B of the Contract on file in the County Clerk's
office.
Moved by Palmer supported by Pernick the resolution be adopted.
AYES: Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield,
Gosling, Huntoon, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94109
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - ACCEPTANCE OF GRANT FOR ACQUISITION
OF ADDITIONAL ACREAGE AT LYON OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission has acquired
672 acres of property in Lyon Township, enabled by a grant from the Michigan
Natural Resources Trust Fund, for the purpose of establishing a county park in
a section of the county not previously serviced by the county park system; and
WHEREAS the Parks and Recreation Commission has been notified that it is
the recipient of a grant from the Michigan Natural Resources Trust Fund to
acquire additional adjacent property in Lyon Township for the purpose of
expanding recreational opportunities and preserving open space for all
residents of Oakland County; and
WHEREAS the Parks and Recreation Commission has designated funds for such
acquisition; and
WHEREAS said acquisition will continue to provide additional protection
and preservation of said property and the newly-established county park in that
section of the county.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Oakland County Parks and Recreation Commission to
accept said grant for the acquisition of 101 acres in Lyon Township as
identified in the grant being parcels 21-12-126-001, 21-12-226-001 through 003,
21-01-200-001, 21-01-200-004, 21-01-400-003, and said monies for the
acquisition to come from Parks and Recreation funds and/or grant monies.
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners
authorizes the Parks and Recreation Commission to acquire property as approved
in and within the parameters of the above-referenced grant agreement.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of attachment on file in the County Clerk's office.
Moved by Palmer supported by Law the resolution be adopted.
Commissioners Minutes Continued. April 14, 1994
228
AYES: Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling,
Huntoon, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner,
Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94110
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEVELOPMENT AND PLANNING DIVISION - RESOLUTION APPROVING PROJECT AREA
AND PROJECT DISTRICT AREA (THREE-DIMENSIONAL SERVICES, INC. PROJECT) -
ROCHESTER HILLS
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 (Three-Dimensional Services, 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
(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 (Legal Description) on file in the County Clerk's
office.
Moved by Palmer supported by Garfield the resolution be adopted.
AYES: Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling,
Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub.
(25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94111
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
Commissioners Minutes Continued. April 14, 1994
229
IN RE: DEVELOPMENT AND PLANNING DIVISION - RESOLUTION CONFIRMING APPOINTMENT
OF ADDITIONAL EDC DIRECTORS (THREE-DIMENSIONAL SERVICES, INC. PROJECT) -
ROCHESTER HILLS
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
(Three-Dimensional Services, 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 Edward McKibbon and William Benson , 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.
Edward McKibbon and William Benson shall cease to serve when the Project
for which they are appointed is either abandoned 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: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks,
Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioner Hubert Price, on behalf of the Task Force on the Prevention
on AIDS, presented a check to Mr. Thomas Gordon, Director of Institutional and
Human Services for Oakland County.
MISCELLANEOUS RESOLUTION #94084
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/MEDICAL EXAMINER -
PURCHASE OF DIAGNOSTIC MICROSCOPE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Medical Examiner is required to investigate
and determine the cause of death within the boundaries of Oakland County; and
WHEREAS included in the required investigation is a thorough post mortem
examination which analyzes body tissues in order to accurately determine the
cause of death; and
WHEREAS a diagnostic multiview microscope is an essential piece of
equipment to the tissue examination process; and
WHEREAS the Medical Examiner's office currently has two microscopes which
are over 25 years old and require frequent repairs, delaying the investigation
Commissioners Minutes Continued. April 14, 1994
230
process; and
WHEREAS a variety of vendors can provide a new multiview microscope
(estimated cost of $13,000), which will improve the investigation process; and
WHEREAS this piece of equipment can be purchased by the County's
equipment fund and leased back to the Medical Examiner to provide for future
replacement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the request for bids to purchase a diagnostic multiview
microscope for the Medical Examiner's office.
BE IT FURTHER RESOLVED that the microscope be purchased by the Equipment
Fund and leased back to the Medical Examiner so as to provide for future
replacement.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of attachment on file in the County Clerk's office.
FISCAL NOTE (Misc. #94084)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/MEDICAL EXAMINER -
PURCHASE OF DIAGNOSTIC MICROSCOPE
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 #94084 and finds:
1. The Public Services Committee has agreed with the Medical
Examiner's request to purchase a diagnostic multiview microscope to
conduct testing in the performance of required duties.
2. Estimated capital cost for the equipment is approximately $13,000;
bids will be requested from qualified vendors to supply the
equipment.
3. The County Equipment Fund will purchase the equipment and lease it
back to the Medical Examiner, to cover both maintenance and
depreciation cost.
4. The Equipment Fund has resources to purchase the equipment, no
additional appropriation is required.
5. Annual operating cost equals $3,200; cost for the balance of 1994
equals $1,900.
6. Funds are available in the Medical Examiner's budget to cover the
annual operating cost; the following amendments to the 1994/1995
Biennial Budget are recommended:
1994 1995
4-10100-169-01-00-3128 Prof. Svs. $(1,900) $(3,200)
4-10100-169-01-00-6640 Eqp. Rent 1,900 3,200
$ -0- $ -0-
========
========
FINANCE COMMITTEE
Moved by Obrecht supported by Dingeldey the resolution be adopted.
AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. April 14, 1994
231
MISCELLANEOUS RESOLUTION #94112
BY: Commissioners Marilynn Gosling and Nancy Dingeldey
IN RE: FRIEND OF THE COURT SPACE NEEDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 1974, the Friend of the Court Office of the Sixth Judicial
Circuit Court was "temporarily" moved to Annex II; and
WHEREAS neither the space needs nor the security system needs of the
Friend of the Court has been addressed since 1974; and
WHEREAS the volatile nature of domestic relations proceedings often
results in strained and emotional outbursts from Friend of the Court clients,
leaving the staff and other litigants at risk; and
WHEREAS the atmosphere and ambience of Annex II is not conducive to
peaceful resolution of domestic relations disputes, and the offices of the
Friend of the Court lack private spaces for confidential attorney-client
conferences, resulting in important client decisions taking place in
stairwells, restrooms, and at the end of corridors; and
WHEREAS employees in Annex II frequently complain about working
conditions in the facility and have made these complaints the subject of
appeals before the Personnel Evaluation Review Panel; and
WHEREAS Annex II has proven to be unsuitable both for the staff of the
Friend of the Court and the public they serve.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby requests that the County Executive, in cooperation with
the Circuit Court and Friend of the Court, begin the process of locating or
creating a suitable facility for the Friend of the Court.
Chairman, we move the adoption of the foregoing resolution.
Marilynn Gosling, Nancy Dingeldey
The Chairperson referred the resolution to the Planning and Building
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #94113
BY: Commissioners Lawrence Pernick and Donn Wolf
IN RE: HEALTH CARE REFORM AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Congress of the United States is presently considering
comprehensive health reform legislation; and
WHEREAS as both health service providers and as major employers, county
governments throughout the Nation will be greatly impacted by these health
reform proposals; and
WHEREAS the National Association of Counties, NACo, has identified four
critical areas of the President's Health Security Act (HR 3600S. 1757) which
create deleterious obstacles for counties, and have recommended the following
amendments:
1) parity between public and private employers in their ability to
continue to self-insure or benefit from a federal guarantee that no
more than 7.9% of the public payroll would go toward meeting the
employer share of the new health premium;
2) essential community health service provider designation for
counties to guarantee health plan reimbursement during the
transition to a national health plan;
3) coverage of detainees and their dependents while in jails or other
detention facilities;
4) guaranteed source of funds for public health; and
WHEREAS because Michigan counties have a long and successful history in
fulfilling the responsibility to promote community health, prevent disease and
epidemics, and to provide health services to their low-income and uninsured
citizens, it is imperative that Congress not ignore the concerns of these local
health delivery systems--the Counties--whose decades of experience and
expertise should be utilized in the development of any health reform.
Commissioners Minutes Continued. April 14, 1994
232
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby support NACo in its efforts to address the
shortcomings of the Health Security Act as outlined above, and petitions
Oakland County's federal legislative delegation to amend the proposed health
care legislation to correct these inequities.
BE IT FURTHER RESOLVED that the County Clerk be directed to send
certified copies of this resolution to all Oakland County State and Federal
Representatives and Senators, the Governor, NACo, MAC, and the Michigan
Association for Local Public Health.
Chairperson, we move the adoption of the foregoing resolution.
Donn Wolf, Lawrence Pernick
Copy of Health Reform Proposal on file in the County Clerk's office.
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
In accordance with Rule XXII, the Chairperson made the following
referrals:
FINANCE
a. MI Dept. of Treasury - Passage of Proposal A & 1995 Equalization Studies
b. Equalization - 1994 Assessment Roll Certification, Rose Twp.
c. City of Wixom - CLEMIS Rescind Rate Increases
GENERAL GOVERNMENT
a. Berrien County - (Support) HB 5087
b. Orion Township - (Support) Proposed Amendments to PA 641
c. Senate Jack Faxon - Thank you for copy of Misc. Res. #94044
PLANNING AND BUILDING
a. MI Dept. of Transportation - Excess Property Sale
b. Orion Township - (Support) Proposed Amendments to PA 641
PUBLIC SERVICES
a. Waterford Township - (Support) of PA 29/9-1-1 User Fees
b. City of Wixom - CLEMIS Rescind Rate Increases
OTHERS
Management and Budget
a. Equalization - Ind. Fac. Ex.-Haden, Inc., City of Auburn Hills
Management and Budget, Treasurer, Road Commissioners
a. City of Royal Oak - Equalization/Industrial Development District
There were no objections to the referrals.
The Chairperson stated the next meeting of the Board will be April 28,
1994 at 9:30 A.M.
The Board adjourned at 10:40 A.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson