HomeMy WebLinkAboutMinutes - 1995.04.06 - 8186
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
April 6, 1995
Meeting called to order by Chairperson Larry Crake at 9:37 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf.
(24)
ABSENT: Quarles (with notice). (1)
Quorum present.
Invocation given by Commissioner Nancy Dingeldey.
Pledge of Allegiance to the Flag.
Moved by Wolf supported by Pernick the minutes of March 30, 1995 be
approved, showing the following correction on page 115, Article V, RELEASE OF
POLITICAL SUBDIVISION FROM AUTHORITY:
"....set forth in Section 8 of the Act, MCL 124.468
124.458. The provisions..."
A sufficient majority having voted therefor, the minutes were approved,
as corrected.
Moved by Wolf supported by Pernick the rules be suspended and the agenda
be amended, as follows:
ITEMS ON PRINTED AGENDA
FINANCE AND PERSONNEL COMMITTEE
f. Information Technology - Warrant Process Improvement Via
Videoconferencing
(Reason for suspension: Waiver of Rule XII.B. Resolution did not originate in
liaison committee.)
HEALTH AND HUMAN SERVICES
a. Department of Human Services/Community Mental Health Division -
Creation of One Financial Analyst I Position in Management and
Budget/Administration
b. Department of Human Services/Community Mental Health Division -
Creation of New Positions for the Enhancement of Children's
Services
c. Department of Human Services/Community Mental Health Division -
Creation of New Classifications and Positions for the Community
Mental Health Medical Services Function
d. Department of Human Services/Community Mental Health Division -
Creation of New Positions for the Enhancement of Community Mental
Health Jail Services
e. Department of Human Services/Community Mental Health Division -
Creation of New Classifications and Positions for Quality
Assurance/Strategic Program Planning Evaluation
(Reason for suspension for all Health and Human Services items: Waiver of Rule
XII-E. Direct referral to Finance and Personnel Committee.
PUBLIC SERVICES COMMITTEE
a. Public Services/Cooperative Extension - Increasing One (1) PTE
Gypsy Moth Coordinator and One (1) PTE Clerk I to FTE Positions
b. Sheriff's Department - Contract for Law Enforcement Services in
Oakland Township
c. Sheriff's Department - Southfield Detention Facility Agreement
(Reason for suspension for all Public Services Committee items: Waiver of Rule
XII-E. Direct referral to Finance and Personnel Committee)
PLANNING AND BUILDING COMMITTEE
a. Facilities Management - Sale of County-owned Property, City of
Pontiac - Commonly Known as 196 Oakland
(Waiver of Rule XII-E. Direct referral to Finance and Personnel
Committee)
AYES: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Clerk read letter from Chairperson Larry Crake reappointing the following
people as members of the Independent Contractor Policy Committee as an Ad Hoc
Committee of the Board of Commissioners in accordance with Board Rule VIII. C:
Commissioners Ruth Johnson, Kay Schmid and Jeff Kingzett and Robert Daddow,
Vince Luzi and Stan Fayne.
There being no objections, the appointments were confirmed.
Clerk read letter from Chairperson Larry Crake appointing Commissioner
Donald Jensen to the Southeast Michigan Board of Governments (SEMCOG) Finance
Committee for a term ending December 31, 1995.
There being no objections, the appointments were confirmed.
Clerk read letter of resignation from the Community Mental Health
Services Board, effective immediately, from Valerie J. Corey. The Chairperson
regretfully accepted the resignation.
Clerk read letter of resignation from the Oakland County Council for
Emergency Medical Services from Commissioner Dennis N. Powers. The Chairperson
regretfully accepted the resignation.
Clerk read letter of resignation from the Job Evaluation Review Panel
from Commissioner Fran Amos. The Chairperson regretfully accepted the
resignation.
Clerk read letter from Chairperson Larry Crake appointing the following
people as members and alternates of the Public Transportation Authority:
MEMBERS ALTERNATES
Donald Ziemer
Louis Schimmel E. Ann Hiner
Roy Rewold
William Baldridge Michael Mayette
Patricia Paruch Dennis Papazian
There being no objections, the appointments were confirmed.
MISCELLANEOUS RESOLUTION #95090
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS, COUNTY TREASURER, DRAIN COMMISSIONER,
SHERIFF - REQUEST FOR SALARY ADJUSTMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 1992 and prior years, the salaries for the County
Clerk/Register of Deeds, County Treasurer, Drain Commissioner and Sheriff were
slightly higher than the salary range for most County Executive appointed
department director salary ranges; and
WHEREAS beginning in 1993, the Board of Commissioners increased certain
County Executive appointed department director salary ranges, resulting in the
top appointed director level salary ranges being somewhat higher than the
salary rate for these elected officials; and
WHEREAS the County Clerk/Register of Deeds, County Treasurer, Drain
Commissioner and Sheriff have requested that their salary rates be adjusted for
1995 to be equal to the County Executive's top appointed director level salary
range maximum and that the disparity be corrected; and
WHEREAS as the attached schedule illustrates, the annual cost of the
proposed salary increase equals $8,457, cost for the balance of 1995 equals
$5,855; and
WHEREAS funds are available in the departments' budgets to cover the
increase, no additional appropriation is required.
NOW THEREFORE BE IT RESOLVED that the salary rates for the County
Clerk/Register of Deeds, County Treasurer, Drain Commissioner and Sheriff be
changed from $86,061 to $87,580.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Copy of schedule on file in the County Clerk's office.
Moved by McCulloch supported by Wolf the resolution be adopted.
Moved by Douglas supported by Wolf the resolution be amended by adding a
BE IT FURTHER RESOLVED paragraph to read as follows:
"BE IT FURTHER RESOLVED that the County Clerk/Register of Deeds,
County Treasurer, Drain Commissioner and Sheriff shall not receive
statutory or non-statutory per diems and that their salary shall not
exceed $87,580 for fiscal year 1995, and their salary shall be total
compensation for all official functions, including acting on boards,
commissions or authorities."
Discussion followed.
Vote of Douglas's amendment:
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Crake, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht,
Palmer, Powers, Schmid, Taub, Wolf, Amos. (21)
NAYS: Holbert, Jacobs, Pernick. (3)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #95091
BY: Finance and Personnel Committee, John McCulloch, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 1994
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
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 1994 to the County and the
local units (collectively, the "taxing units") that will have remained unpaid
on March 1, 1995 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 1995 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 1995 Revolving Fund. In order to implement the
continuation of the Revolving Fund Program and in accordance with Act 206, the
County hereby establishes a 1995 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 1995 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)
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
1995 Delinquent Tax Project Account and thereafter used to fund the whole or a
part of the County's 1995 Tax Payment Account, 1995 Note Reserve Account and/or
1995 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 1995 Tax Payment Account, 1995
Note Reserve Account and/or 1995 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 1990, 1991, 1992, 1993 and, if available, 1994, 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.
(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
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
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
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;
(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
(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 1995 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 1995 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 1995 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
1995 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
1995 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
1995 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 1995 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
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 1995 Note Reserve Account
created under Section 703 or the 1995 Note Payment Account created under
Section 704. Monies in the Project Account may be disbursed by the escrow
agent to the County's 1995 Tax Payment Account at any time and from time to
time, upon receipt of a written requisition signed by the Treasurer.
702. 1995 Tax Payment Account. The County's 1995 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. 1995 Note Reserve Account. In the event funding is provided as
described in this Section 703, the Treasurer shall establish a 1995 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
1995 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
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. 1995 Note Payment Account.
(a) The County's 1995 Note Payment Account is hereby established
as a distinct account within the Revolving Fund. (The County's 1995 Note
Payment Account, as supplemented by monies held in any interim account that are
designated for transfer to the 1995 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, 1995, 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
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,
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
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 1995 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
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 and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Moved by McCulloch supported by Kingzett the resolution be adopted.
AYES: Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95092
BY: Finance and Personnel Committee, John McCulloch, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT
1994 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
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 and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Moved by McCulloch supported by Powers the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht,
Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95093
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - COURTHOUSE DETENTION EXPANSION
PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #94351, dated December 8, 1994, the
Board of Commissioners authorized the County Executive's Facilities Management
Department to receive bids for Courthouse Detention Expansion; and
WHEREAS three qualified bids were received from vendors and bid amounts
ranged from $382,800 to $409,700; and
WHEREAS a total of $237,000 had been allocated for this project ($100,000
in the 1994 Capital Improvement Program - Building Section and $137,000 from
the Miscellaneous Remodeling line item of the 1995 Capital Improvement
Program); and
WHEREAS a priority of nine was assigned to the expansion of the
Courthouse detention area in the 1994 Capital Improvement Program; and
WHEREAS due to the bid results, bids have been rejected and the scope of
the project has been reduced; and
WHEREAS both in-house staff and outside contractors will be utilized to
perform project work activities; and
WHEREAS all materials and outside services will be procured through the
Purchasing Division in accordance with County bidding procedures; and
WHEREAS the cost of expanding the Courthouse detention area by in-house
staff and outside contracts can be completed for $280,000; and
WHEREAS an additional $43,000 is available in the 1995 Capital
Improvement Program Miscellaneous Remodeling line item.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the transfer of $280,000 from the Capital Improvement
Fund #40100 to the Project Work Order Fund #40400 to establish the Courthouse
Detention Expansion Project.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
REPORT (Misc. #95093)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - COURTHOUSE DETENTION EXPANSION
PROJECT
To the Finance Committee, John McCulloch, Chairperson
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-referenced
Finance Committee resolution on March 28, 1995, and having rejected the bids
received for this project, reports with the recommendation that the resolution
be adopted.
Chairperson, on behalf of the Planning and Building Committee, I submit
the foregoing report.
PLANNING AND BUILDING COMMITTEE
Moved by McCulloch supported by Jacobs the Planning and Building
Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McCulloch supported by Jacobs the resolution be adopted.
AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95094
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT/EQUALIZATION DIVISION
- CREATION OF TWO EQUALIZATION CLERK POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the enactment of Public Act 237 of 1994 resulting from voter
approval of the Proposal A legislation, mandated the Oakland County
Equalization Division to process Homestead Exemption Affidavits for owners of
real property within Oakland County; and
WHEREAS the adoption of Proposal A legislation has resulted in added
responsibilities and increased administrative duties within the Tax Description
Section of the Equalization Division, specifically the increased workload to
process rescissions, new construction, partial exemptions and the removal of
exemptions denied at the State level, and the processing of homestead
affidavits for properties transferring between May 1st and October 1st; and
WHEREAS the State of Michigan has not responded to previous invoices
requesting reimbursement of past Oakland County expenses for personnel and
operating costs incurred with regards to the preparation, processing, mailing,
and public inquiries regarding Homestead Exemption Affidavits, amounting to
approximately $146,000 as of April 28, 1994; and
WHEREAS the addition of two (2) Equalization Clerk positions will enable
the Equalization Division to provide efficient and accurate processing of
Homestead Exemption related issues; and
WHEREAS an addendum to the Equalization assessing contracts with local
cities, townships and villages will charge an additional $1.23 (See attached
Schedule A) to each real property parcel description, which will cover 100% the
personnel and operating expenses incurred by the creation of two (2)
Equalization Clerk positions, with no additional County resources required; and
WHEREAS the annual controllable personnel expense of adding these two
positions is $54,336 for Salaries and $26,516 for Fringe Benefits, and the
annual non-controllable operating expenses are $6,733, expenses for the period
of April 15, 1995 thru December 31, 1995 are $38,236 for Salaries, $18,659 for
Fringe Benefits, and $5,457 for non-controllable operating expenses.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the creation of two (2) Equalization Clerk positions,
effective April 15, 1995.
BE IT FURTHER RESOLVED that the continuation of these positions will be
contingent upon contract funds to cover the full costs.
BE IT FURTHER RESOLVED that the 1995 Adopted Budget be amended as
specified below:
GENERAL FUND 1995
3-10100-194-01-2196 Reimbursement Homestead Affidavit $62,353
4-10100-194-01-1001 Salaries 38,236
4-10100-194-01-2070 Fringe Benefits 18,659
4-10100-194-01-6750 Telephone Communications 860
4-10100-194-01-6640 Office Equipment 1,700
4-10100-194-01-6735 Liability Insurance 1,408
4-10100-194-01-6360 Computer Operations 1,490
$ -0-
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Copy of Schedule A on file in County Clerk's office.
Moved by McCulloch supported by Kingzett the resolution be adopted.
AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95095
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: INFORMATION TECHNOLOGY - WARRANT PROCESS IMPROVEMENT VIA
VIDEOCONFERENCING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland in conjunction with the Prosecutor's
Office, Sheriff and local police agencies desires to enhance law enforcement
protection to it's citizens; and
WHEREAS current practice requires police officers to travel to the
Prosecutor's Office to obtain warrants at an average travel time of one and one
half hours per warrant; and
WHEREAS 15,015 warrants were requested in 1994 demanding that
approximately 726 hours per week be spent by Oakland County sheriff's and local
police officers in pursuance of said warrants; and
WHEREAS the technology exists for videoconferencing between law
enforcement agencies and the Prosecutor's Office to obtain warrants; and
WHEREAS videoconferencing technology will reduce the necessity of
travelling to the Prosecutor's Office and allow that time to be spent in law
enforcement protection to the community; and
WHEREAS a proposal has been prepared to install videoconferencing at the
Sheriff's department and all it's substations, all local police agencies and
the Prosecutor's Office; and
WHEREAS the total investment for 63 workstations is estimated to be
$782,081 for hardware, software, training, and installation; annual operating
cost is estimated to be $368,109; and
WHEREAS in order to test the feasibility of the process, pilot project is
proposed for nine (9) stations; and
WHEREAS cost for hardware, software, training, and installation for the
nine (9) pilot stations is $118,583 estimated operating cost for the balance of
1995 equals $31,552; and
WHEREAS Oakland County will fund the 1995 cost of the pilot project from
funds available in the non-departmental reserve account for office automation
(909-01-00-9920).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves implementation of the pilot project for the
videoconferencing system for warrant process improvement.
BE IT FURTHER RESOLVED that the 1995 Budget be amended as follows:
General Fund
Expenditures
909-01-00-9920 Office Automation ($150,135)
181-01-00-5615 Equity Transfer - Out 118,583
181-01-00-8615 Operating Transfer - Out 31,552
$ 0
Clemis Fund (63500)
Revenue
182-01-00-5101 Equity Transfer - In $118,583
182-01-00-8101 Operating Transfer - In 31,552
$150,135
Expenditures
182-01-00-3342 Maintenance $ 4,536
182-01-00-3278 Communications 2,592
182-01-00-3304 Depreciation 13,408
182-01-00-xxxx Video Network Fee 11,016
$ 31,552
Contributed Capital 118,583
$150,135
$ 0
BE IT FURTHER RESOLVED that should the project be expanded the County
plans to recover the acquisition and operating costs through an agreed upon
plan with the user communities.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Moved by McCulloch supported by Huntoon the resolution be adopted.
Discussion followed.
Vote of resolution:
AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Amos, Crake, Dingeldey, Douglas, Garfield. (23)
NAYS: Devine. (1)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95096
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET- 52ND/2 DISTRICT COURT CRIMP FUND
TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #93106, the Board of
Commissioners approved the Cost Reduction Incentive Management Program (CRIMP);
and
WHEREAS in accordance with Miscellaneous Resolution #94233, the 52/2
District Court offered a reduction in staff and the Board accepted the
reduction as CRIMP reductions and savings; and
WHEREAS pursuant to CRIMP program guidelines, a department receives 60%
in the first year of all verified recurring cost reductions, 30% in the second
year, 20% in the third year, and 30% of all non-recurring cost reductions (non-
recurring cost reductions are only credited for one year); and
WHEREAS 1994 verified savings is $2,068, the 52nd/2 District Court's
share of the savings is $1,241. The General Fund share is $827.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners recognizes the 52nd District Court's CRIMP efforts.
BE IT FURTHER RESOLVED that the 1995 budget shall be amended as specified
below, to provide the 52nd District Court 2nd Division with its share of CRIMP
savings:
4-26900-324-01-00-8101 CRIMP ($2,068)
1-10100-492-01-00-3755 Operational Improvements 827
4-10100-323-01-00-3127 Budgeted Projects 1,241
$ 0
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
Moved by McCulloch supported by Huntoon the resolution be adopted.
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf,
Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95097
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: MANAGEMENT AND BUDGET - AUTHORIZATION TO RECEIVE BIDS FOR A
COMPUTERIZED BASE MAPPING SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 206 of 1893 requires each County to maintain a uniform
parcel numbering system and tax parcel mapping system; and
WHEREAS the Equalization Division currently manually maintains
approximately 4500 maps which are the standard maps utilized by all 61 local
units of government within Oakland County; and
WHEREAS these maps are utilized by a number of County departments,
including Clerk/Register of Deeds, Treasurer, Drain Commissioner, Health,
Development and Planning, etc. in performing their basic functions, as well as
private business; and
WHEREAS a need has been identified to automate the maintenance of the
base map to consolidate this function and provide a more efficient mapping
process; and
WHEREAS an electronic base mapping system would provide for immediate
distribution of updated maps and would be the foundation for any future County-
wide or departmental GIS system; and
WHEREAS it is estimated that the total cost of converting from a paper
base map system to an electronic base map system will range from $275,000 to
$380,000; and
WHEREAS there are only two firms, Genasys and Land Innovations, capable
of providing software which will meet the Equalization Division's specialized
needs.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the GIS Committee and the Department of Management and
Budget to solicit bids for a computerized base map system which will include
all hardware/software, training, installation and ongoing support.
BE IT FURTHER RESOLVED that the GIS Committee report to the Finance and
Personnel Committee upon receipt and tabulation of such bids with a
recommendation on how to proceed.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Moved by McCulloch supported by Devine the resolution be adopted.
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos,
Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95098
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO GRANTS PROCEDURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #89105, and later modified by
Miscellaneous Resolution #93020, the Board of Commissioners established a
procedure for the application and acceptance of grants and for reimbursement
agreements; and
WHEREAS the restructuring of the Committees of the Board for 1995,
necessitates further modification of the Grants Procedure as it relates to
grant application and acceptances with personnel consequences.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby amends its grant procedure in accordance with Attachment
A, entitled: "Grant Application and Acceptance and Reimbursement Agreement
Procedures."
BE IT FURTHER RESOLVED that in adopting this amendment, the Board wishes
to emphasize that all County departments are to coordinate their grant and
reimbursement applications through the Budget Division.
BE IT FURTHER RESOLVED that the County Executive is requested to notify
all County departments of the modifications to the Grants Procedure.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Copy of Attachment A on file in County Clerk's office.
Moved by McCulloch supported by Kaczmar the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake,
Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #95035)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: PERSONNEL DEPARTMENT - AMENDMENT TO MERIT RULE #19, POLITICAL
ACTIVITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, having reviewed the above-referenced
resolution on February 23, 1995, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the Personnel and Finance Committee, I move the
acceptance of the foregoing report.
FINANCE AND PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #95035
BY: Commissioners Jeff Kingzett, District #7, and Sue Douglas, District #8
IN RE: PERSONNEL DEPARTMENT - AMENDMENT TO MERIT RULE #19, POLITICAL
ACTIVITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners has adopted Merit Rule #19 which
identifies activities by County employees covered by the Merit System that are
grounds for suspension or dismissal from County service; and
WHEREAS Section 19.1.2 prohibits employees from engaging in political
activity or campaigning for a public elective office during scheduled working
hours or while on duty, or while off duty while wearing uniform or other
identifying insignia of office; and
WHEREAS Section 19.1.4 prohibits employees from using office, public
position, public property or supplies to secure political contributions or to
influence a partisan or non-partisan election to fill an office at any level of
government; and
WHEREAS both of these sections refer only to public elective office while
no provision is made to prohibit campaigning, engaging in political activity,
or raising contributions with respect to ballot proposals.
NOW THEREFORE BE IT RESOLVED that the Personnel Committee approves
amending Merit Rule #19, specifically Sections 19.1.2 and 19.1.4, as follows:
19.1.2 Engaging in any political activity or campaigning for ballot
proposals or a public elective office during scheduled
working hours or while on duty or while off duty while
wearing uniform or other identifying insignia of office.
19.1.4 Using office, public position, public property or supplies to
secure political contributions or to influence a partisan or
non-partisan election on ballot proposals or to fill an
office at any level of government.
BE IT FURTHER RESOLVED that a copy of these amendments be submitted to
the Board of Commissioners at a regular meeting of the Board of Commissioners
in compliance with Miscellaneous Resolution #4606.
Chairperson, we move the adoption of the foregoing resolution.
Sue Douglas, Jeff Kingzett
(action taken at March 2, 1995 Board meeting)
Moved by McCulloch supported by Douglas the Finance and Personnel
Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
The Chairperson stated that by Statute, the resolution would lay over for
thirty (30) days.
(end of action from March 2, 1995 Board meeting)
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
Chairperson Larry Crake stated "A Public Hearing is now called on the
Clearr Industries Inc. EDC Project. Are there any persons present who wish to
speak?"
No persons requested to speak and the Public Hearing was declared closed.
REPORT (Misc. #95089)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: BILLING THE STATE AND FEDERAL GOVERNMENT FOR UNFAIR AND UNFUNDED
MANDATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous
Resolution #95089 on March 27, 1995, reports with the recommendation that the
last BE IT FURTHER RESOLVED paragraph be amended to include that the resolution
also be sent to the majority and minority leaders of the Senate, the Speaker of
the House and House Minority Leader.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #95089
BY: Dan Devine, Jr., Ruth A. Johnson and Shelley G. Taub
IN RE: BILLING THE STATE AND FEDERAL GOVERNMENT FOR UNFAIR AND UNFUNDED
MANDATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS historically, the federal government of the United States and the
State of Michigan legislature have passed laws, rules and regulations that
require county and municipal governments to carry out specific actions; and
WHEREAS in order to keep their budgets low, the state and federal
government have not provided the necessary funds to carry out their mandated
activities; and
WHEREAS county, city, township and village governments must comply with
the unfunded mandates; and
WHEREAS local taxes often must be increased in order to comply with the
unfunded requirements; and
WHEREAS in many cases, the unfunded mandates would not be passed by local
governments; and
WHEREAS many of these laws, rules and regulations are very inefficient,
very expensive and frequently stymies business growth; and
WHEREAS the Oakland County Board of Commissioners strongly opposes the
continuation and enactment of new unfunded legislation; and
WHEREAS the Oakland County Board of Commissioners passed Miscellaneous
Resolution #93047 on April 29, 1993, supporting H.R. 140 that protected states
and localities from future unfunded federal mandates by making any new
requirements applicable only if all funds necessary to pay the direct costs
incurred are provided by the federal government; and
WHEREAS the Oakland County Board of Commissioners passed Miscellaneous
Resolution #93209 on October 21, 1993, opposing unfunded state and federal
mandates; and
WHEREAS the Oakland County Board of Commissioners passed Miscellaneous
Resolution #95013 on February 9, 1995, opposing federal unfunded mandates; and
WHEREAS Oakland County residents, businesses and government continue to
be unduly burdened financially by unfunded mandates.
NOW THEREFORE BE IT RESOLVED that beginning in June, 1995, the Oakland
County Board of Commissioners will bill on a monthly basis the Federal and
State governments for costs net of expenses related to meeting the requirements
of unfunded mandates.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the
President of the United States, Governor of the State of Michigan, Oakland
County's delegation of Federal and State legislators and the Michigan
Association of Counties.
Chairperson, I move the adoption of the foregoing resolution.
Dan Devine, Jr., Ruth A. Johnson,
Shelley G. Taub
Moved by Schmid supported by McCulloch the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by McCulloch the resolution be adopted.
Discussion followed.
Moved by Schmid supported by McCulloch the resolution be amended to
coincide with the recommendations in the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #95068)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: JOB EVALUATION REVIEW PANEL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, having review Miscellaneous
Resolution #95068, on March 30, 1995, reports with the recommendation that
Section III, D., 5 of the Salary Administration Program, shall be amended as
follows: "The Job Evaluation Review Panel shall consist of five members and
shall include two members and one alternate appointed by the Board of
Commissioners, one member and alternate appointed by the County Executive, one
member and one alternate, appointed by the Chief Circuit Judge, and one member
and one alternate appointed by the elected officials with covered employees."
Chairperson, on behalf of the Finance and Personnel Committee, I move
acceptance of the foregoing report.
FINANCE AND PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #95068
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: JOB EVALUATION REVIEW PANEL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS with the adoption of Miscellaneous Resolution #85356, the Board
of Commissioners established the Salary Administration Program, and a Job
Evaluation Plan; and
WHEREAS contained in Implementation Procedure D, in the Salary
Administration Program is a review and appeal procedure which includes the
formation of a Job Evaluation Review Panel; and
WHEREAS the report of the Salary Administration Study Committee, which
included the make-up of the Job Evaluation Review Panel, was attached to and
made a part of Miscellaneous Resolution #85356; and
WHEREAS the review of the activities of the Job Evaluation Review Panel,
the makeup of the Panel, and the appointment manner and the terms of office,
indicates the need for amendment to bring this Panel into line with other
County boards, commissions and authorities.
NOW THEREFORE BE IT RESOLVED that Section III, D., 5 of the Salary
Administration Program shall be amended as follows: "The Job Evaluation Review
Panel shall consist of five members and shall include two members appointed by
the Board of Commissioners, one member appointed by the County Executive, one
member appointed by the Chief Circuit Judge, and one member appointed by the
elected officials with covered employees. The General Government Committee
with the concurrence of the Finance and Personnel Committee will recommend the
appointment of the Board of Commissioner members of the Job Evaluation Review
Panel and the Board of Commissioners shall approve such appointments. The
remaining three appointments shall be concurred in by the Board of
Commissioners.
BE IT FURTHER RESOLVED that Section III., D. 5 of the Salary
Administration Plan shall be further amended to read: Section The appointments
shall require concurrence of the Personnel Committee Terms of office shall be
for one year from July 1 to June 30. . The terms of office shall be for one
year and commence on January 1. The Job Evaluation Review Panel shall select
its own Chairperson and determine its own procedures for review and may elect
to conduct reviews based on written material exclusively or may limit the
presentation of the department head and the Classification and Job Evaluation
Unit. The Job Evaluation Review Panel shall notify the department head and
Classification and Job Evaluation Unit in writing of its determination."
BE IT FURTHER RESOLVED that any resolutions or parts of resolutions in
conflict herewith are hereby rescinded.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Implementation Procedure D on file in the County Clerk's office.
Moved by Schmid supported by Garfield the Finance and Personnel Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Garfield the resolution be adopted.
Moved by Schmid supported by Garfield the resolution be amended to
coincide with the recommendations in the Finance and Personnel Committee
Report.
A sufficient majority having voted therefor, the amendment carried.
Vote of resolution, as amended:
AYES: Kaczmar, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield,
Holbert, Huntoon, Jacobs, Jensen, Johnson. (22)
NAYS: Kingzett, Pernick. (2)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #95099
BY: Health and Human Services Committee, Shelley Taub, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF ONE FINANCIAL
ANALYST I POSITION IN MANAGEMENT AND BUDGET/ADMINISTRATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the adoption of full management increased the budget of Community
Mental Health to approximately $108 million; and
WHEREAS financial responsibilities for Community Mental Health programs
and services have expanded due to this budget increase; and
WHEREAS Miscellaneous Resolution #94210, effective 7/14/94, approved the
transfer of the Community Mental Health financial function and related
positions to the Department of Management and Budget/Administration to ensure
consistency with County fiscal management policies; and
WHEREAS the Community Mental Health Board approved this transfer on
June 21, 1994; and
WHEREAS an additional Financial Analyst I position is needed to reduce
the excessive amount of overtime currently required of staff providing
financial assistance to the Community Mental Health Division; and
WHEREAS this position would provide on-going professional financial
leadership and expertise to the Community Mental Health Division on a full-time
basis; and
WHEREAS funding for the proposed new SR position is available in the
Community Mental Health contingency fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the creation of one (1) new SR Financial Analyst I
position in the Department of Management and Budget/Administration (12102).
BE IT FURTHER RESOLVED that this position will perform Community Mental
Health financial functions on a full-time basis.
BE IT FURTHER RESOLVED that future existence of this position is
contingent upon continued state funding.
Chairperson, on behalf of the Health and Human Services Committee, I move
the adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
FISCAL NOTE (Misc. #95099)
BY: Finance and Personnel Committee, John McCulloch, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF ONE FINANCIAL
ANALYST I POSITION IN MANAGEMENT AND BUDGET ADMINISTRATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95099 and finds:
1. The resolution creates one new position in Community Mental Health
Financial Services to provide ongoing support to the Community
Mental Health Division.
2. Total annual costs are estimated to be $46,077 in salaries and
fringes, $2,376 in operating expenses for a total annual cost of
$48,453.
3. For the remainder of Fiscal Year 1994/1995, the costs are estimated
to be $21,266 in salaries and fringes, $1,097 for operating
expenses, and $3,540 for one-time start-up expenses for a total of
$25,903.
4. Funding is available within the current Community Mental Health
budget, therefore budget amendments are not required.
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by Amos the resolution be adopted.
AYES: Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95100
BY: Health and Human Services Committee, Shelley Taub, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF NEW POSITIONS FOR
THE ENHANCEMENT OF CHILDREN'S SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Mental Health Board adopted the
wraparound philosophy for the redeployment of existing resources and
development of new services and finance strategies to better service consumers
of Community Mental Health operated and contracted programs; and
WHEREAS the wraparound effort works to address and decrease the number of
consumers on the waiting list for services; and
WHEREAS the Technical Assistance Collaborative (TAC) report recommended
that Community Mental Health define its case management functions to dovetail
with wraparound functions and approaches; and
WHEREAS this is necessary for the enhancement of children's services and
requires trained workers with a wide variety of clinical, professional, family,
and community support skills to meet individual consumer and family needs on a
timely and flexible basis; and
WHEREAS these services should be available to natural/extended families,
foster families, out-of-home respite programs, short term residential programs,
schools, and employment sites; and
WHEREAS staffing requirements for the proposed enhancement include the
creation of four new SR Case Management Coordinator positions and three new SR
Mental Health Clinician positions; and
WHEREAS one of the proposed new SR Mental Health Clinician positions
would be specifically created for foster care development through the screening
of prospective foster children to determine suitable home and fostercare
placement and prospective foster parents to determine program appropriateness
and state licensing compliance of homes; and
WHEREAS funding for the proposed new SR positions is available in the
Community Mental Health Contingency Fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the creation of seven (7) additional positions for the
enhancement of Children's Services.
BE IT FURTHER RESOLVED that two new SR Case Management Coordinator
positions and two new SR Mental Health Clinician positions be created in the
Child and Adolescent Clinic - Pontiac Unit (16608), and two new SR Case
Management Coordinator positions and one new SR Mental Health Clinician
position be created in the Child and Adolescent Clinic - Royal Oak Unit (16609)
of Community Mental Health.
BE IT FURTHER RESOLVED that future existence of these positions is
contingent upon continued state funding.
Chairperson, on behalf of the Health and Human Services Committee, I move
the adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
FISCAL NOTE (Misc. #95100)
BY: Finance and Personnel Committee, John McCulloch, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF NEW POSITIONS FOR
THE ENHANCEMENT OF CHILDREN'S SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95100 and finds:
1. The resolution creates a total of seven new positions. Four new
positions are created in the Child and Adolescent Clinic - North:
two (2) Mental Health Clinicians and two (2) Case Management
Coordinators. Three new positions are created in the Child and
Adolescent Clinic - South: one (1) Mental Health Clinician and two
(2) Case Management Coordinators.
2. Total annual costs are estimated to be an additional $311,809 in
salaries and fringe benefits and $24,282 in operating expenses for
a total annual cost of $336,091.
3. For the remainder of Fiscal Year 1994/1995, the additional costs
are estimated to be $155,905 in salaries and fringe benefits,
$13,716 in operating expenses, and $19,392 in one-time start-up
expenses for a total of $189,013.
4. Funding is available within the current Community Mental Health
budget, therefore budget amendments are not required.
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by Holbert the resolution be adopted.
AYES: Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick,
Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95101
BY: Health and Human Services Committee, Shelley Taub, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF NEW CLASSIFICATIONS
AND POSITIONS FOR THE COMMUNITY MENTAL HEALTH MEDICAL SERVICES FUNCTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Director of Community Mental Health Services presented the
Community Mental Health Board with a functional organization chart for the
purpose of reorganization in November of 1994; and
WHEREAS the Community Mental Health Medical Services function is included
in the proposed reorganization plan to address medical/psychiatric issues as
they relate to Community Mental Health; and
WHEREAS this proposal requires retitling one current Director-Psychiatric
Services position to the new classification of Community Mental Health Medical
Director; and
WHEREAS this proposal also requires the creation of one new
classification titled Administrative Assistant to Community Mental Health
Medical Director; and
WHEREAS it is proposed that one current Casework Supervisor position be
reclassified to the new classification of Administrative Assistant to Community
Mental Health Medical Director; and
WHEREAS staffing requirements for the proposed new function include the
creation of one new SR Mental Health Clinician position and one new SR Typist I
position; and
WHEREAS funding for the new SR positions is available in the Community
Mental Health Contingency Fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves retitling the current Director-Psychiatric Services
position (16601-00770) to the new classification of Community Mental Health
Medical Director.
BE IT FURTHER RESOLVED that the new classification of Administrative
Assistant to Community Mental Health Medical Director, grade 14, no overtime,
be created.
BE IT FURTHER RESOLVED that one current Casework Supervisor position
(16601-03539) be reclassified to the new classification of Administrative
Assistant to Community Mental Health Medical Director.
BE IT FURTHER RESOLVED that one new SR Mental Health Clinician position
and one new SR Typist I position be created in the Administration Unit of
Community Mental Health (16601).
BE IT FURTHER RESOLVED that future existence of these positions is
contingent upon continued state funding.
Chairperson, on behalf of the Health and Human Services Committee, I move
the adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
FISCAL NOTE (Misc. #95101)
BY: Finance and Personnel Committee, John McCulloch, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF NEW
CLASSIFICATIONS AND POSITIONS FOR THE COMMUNITY MENTAL HEALTH MEDICAL SERVICES
FUNCTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95101 and finds:
1. The resolution creates two new positions in Community Mental Health
administration: one (1) Mental Health Clinician and one (1) Typist
I. The resolution also retitles two existing positions; the
Director-Psychiatric Services position (#1660107440) is retitled as
Community Mental Health Medical Director; one Casework Supervisor
position (#1660103539) is retitled as Administrative Assistant to
Community Mental Health Medical Director.
2. Total annual costs are estimated to be an additional $75,453 in
salaries and fringe benefits and $12,816 in operating expenses for
a total annual cost of $88,269.
3. For the remainder of Fiscal Year 1994/1995, the additional costs
are estimated to be $37,727 in salaries and fringe benefits, $6,508
in operating expenses, and $9,980 in one-time start-up expenses
for a total of $54,215.
4. Funding is available within the current Community Mental Health
budget, therefore budget amendments are not required.
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by Jensen the resolution be adopted.
AYES: McPherson, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf,
Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95102
BY: Health and Human Services Committee, Shelley Taub, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF NEW POSITIONS FOR
THE ENHANCEMENT OF COMMUNITY MENTAL HEALTH JAIL SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Director of Community Mental Health Services presented the
Community Mental Health Board with a functional organization chart for the
purpose of reorganization in November of 1994; and
WHEREAS the Community Mental Health Correctional Activities function is
included in the proposed reorganization plan to address Community Mental Health
programs in relation to various elements of criminal justice services in
Oakland County; and
WHEREAS the Technical Assistance Collaborative (TAC) report recommended
that Community Mental Health, with the support of the Oakland County Executive,
develop a planning process to identify mental health needs as they relate to
various criminal justice services; and
WHEREAS the TAC report identified mental health services and supports at
the Oakland County Jail as an area in need of enhancement; and
WHEREAS the enhancement of Jail Services would include protocols for
managing mental health emergencies in the Oakland County Sheriff's Department,
protocols for resolving police referrals at the crisis center, and protocols
for transporting individuals in crisis or in need of hospitalization; and
WHEREAS staffing requirements for the proposed enhancement include the
creation of one new SR Staff Psychiatrist position, two new SR Mental Health
Clinician positions, and one new SR Clerk III position; and
WHEREAS funding for the proposed new SR positions is available in the
Community Mental Health Contingency Fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the enhancement of Community Mental Health Jail
Services.
BE IT FURTHER RESOLVED that one new SR Staff Psychiatrist position, two
new SR Mental Health Clinician positions, and one new SR Clerk III position be
created in the Jail Services Unit of Community Mental Health (16653).
BE IT FURTHER RESOLVED that future existence of these positions is
contingent upon continued state funding.
Chairperson, on behalf of the Health and Human Services Committee, I move
the adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
FISCAL NOTE (Misc. #95102)
BY: Finance and Personnel Committee, John McCulloch, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF NEW POSITIONS FOR
THE ENHANCEMENT OF COMMUNITY MENTAL HEALTH JAIL SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95102 and finds:
1. The resolution creates four new positions in the Jail Services Unit
of Community Mental Health: one (1) Staff Psychiatrist, two (2)
Mental Health Clinicians, and one (1) Clerk III.
2. Total annual costs are estimated to be an additional $268,560 in
salaries and fringe benefits and $16,642 in operating expenses for
a total annual cost of $285,202.
3. For the remainder of Fiscal Year 1994/1995, the additional costs
are estimated to be $134,281 in salaries and fringe benefits,
$8,746 in operating expenses, and $15,512 in one-time start-up
expenses for a total of $158,539.
4. Funding is available within the current Community Mental Health
budget, therefore budget amendments are not required.
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by Huntoon the resolution be adopted.
AYES: McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid,
Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95103
BY: Health and Human Services Committee, Shelley G. Taub, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF NEW CLASSIFICATIONS
AND POSITIONS FOR QUALITY ASSURANCE/STRATEGIC PROGRAM PLANNING AND EVALUATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Director of Community Mental Health Services presented the
Community Mental Health Board with a functional organization chart for the
purpose of reorganization in November of 1994; and
WHEREAS the Technical Assistance Collaborative (TAC) report recommended
that the reorganization should include a Quality Assurance/Strategic Program
Planning and Evaluation function with sufficient staff to identify and address
specific quality assurance issues and perform evaluative studies to ascertain
programmatic efficiency; and
WHEREAS the responsibilities of the Quality Assurance/Strategic Program
Planning and Evaluation function follow the guidelines of the TAC report and
aim to develop well defined and measurable consumer based outcome measures to
determine the effectiveness of Community Mental Health operated and contracted
programs and services; and
WHEREAS staffing requirements for the proposed new function include the
creation of two new classifications titled Chief-Quality Assurance/Strategic
Program Planning and Evaluation and Quality Assurance Analyst; and
WHEREAS this proposal requires the reclassification of one current
Administrative Assistant - Community Mental Health Services position to Chief
-Quality Assurance/Strategic Program Planning and Evaluation, and the
reclassification of one current Production Scheduler position to Program
Evaluation Analyst; and
WHEREAS this proposal also requires the creation of three new SR Quality
Assurance Analyst positions and one new SR Typist I position; and
WHEREAS funding for the proposed new classifications, reclassifications,
and new SR positions is available in the Community Mental Health Contingency
Fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the Quality Assurance/Strategic Program Planning and
Evaluation function for the implementation of continuous quality assurance.
BE IT FURTHER RESOLVED that the following new classifications be created:
Chief - Quality Assurance/Strategic
Program Planning and Evaluation (grade 16, no overtime)
Quality Assurance Analyst (grade 11, no overtime)
BE IT FURTHER RESOLVED that three new SR Quality Assurance Analyst
positions and one new SR Typist I position be created in the Administration
Unit of Community Mental Health (16601).
BE IT FURTHER RESOLVED that one current Administrative Assistant -
Community Mental Health Services position (16601-01231) be upwardly
reclassified to Chief - Quality Assurance/Strategic Program Planning and
Evaluation, and one current Production Scheduler position (16601-06258) be
upwardly reclassified to Program Evaluation Analyst.
BE IT FURTHER RESOLVED that future existence of these positions is
contingent upon continued state funding.
Chairperson, on behalf of the Health and Human Services Committee, I move
the adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
FISCAL NOTE (Misc. #95103)
BY: Finance and Personnel Committee, John McCulloch, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF NEW
CLASSIFICATIONS AND POSITIONS FOR QUALITY ASSURANCE/STRATEGIC PROGRAM PLANNING
AND EVALUATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95103 and finds:
1. The resolution creates four new positions in Community Mental
Health Administration: three (3) Quality Assurance Analysts and
one (1) Typist I. The resolution also upwardly reclassifies two
existing positions; one Administrative Assistant position
(#1660101231) is reclassified as Chief - Quality
Assurance/Strategic Program Planning and Evaluation; one
Production Scheduler position (#1660106258) is reclassified as
Program Evaluation Analyst.
2. Total annual costs are estimated to be an additional $185,565 in
salaries and fringe benefits and $17,871 in operating expenses for
a total annual cost of $203,436.
3. For the remainder of Fiscal Year 1994/95, the additional costs are
estimated to be $92,783 in salaries and fringe benefits, $7,436 in
operating expenses, and $41,404 in one-time start-up expenses for a
total of $141,623.
4. Funding is available within the current Community Mental Health
budget, therefore, budget amendments are not required.
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by McPherson the resolution be adopted.
AYES: Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf,
Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95104
BY: Health and Human Services Committee, Shelley G. Taub, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - CREATION OF A PTNE
PHYSICIAN POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all professional services contracts are being reviewed to ensure
that they meet the criteria for independent contractor status as recognized by
the Internal Revenue Service; and
WHEREAS during the 1995 budget process, a new classification of
Physician/Part-time was recommended for 1995, to be used in areas that
currently utilize contracted physicians which need to be converted to PTNE
positions to comply with IRS regulations; and
WHEREAS the Manager of the Health Division did not renew the contract of
one (1) Pediatrician that expired on December 31, 1994; and
WHEREAS this formerly contracted pediatric physician was hired as a
Physician Part-time and temporarily placed in a vacant position until a new
PTNE position was created to replace the expired contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners creates one (1) governmental 300 hour/year PTNE Physician/Part-
Time position in the Health/Outreach Unit (#162-38).
Chairperson, on behalf of the Health and Human Services Committee, I move
the adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #95071
BY: Health and Human Services Committee, Shelley Taub, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - THE CREATION OF SIX NEW SR
HOSPITAL LIAISON POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the responsibilities of Community Mental Health have expanded
with the organizational move to full management; and
WHEREAS it has been necessary to assign current staff to perform liaison
duties for Oakland County residents currently being served by State facilities;
and
WHEREAS this staff consists of Mental Health Clinicians who previously
provided direct services to individuals in specific agencies; and
WHEREAS the demand for direct services in these agencies has increased,
in part due to the shortage of staffing; and
WHEREAS it is necessary to permanently assign this staff into a job
classification that adequately describes the responsibilities and duties being
performed; and
WHEREAS this requires the creation of six (6) new Hospital Liaison
positions to provide liaison assistance with State hospitals in confirming
consumer residency, assessing needs, and assisting in the development of
treatment plans and pre-discharge planning; and
WHEREAS these positions would also be responsible for ensuring the
security of all consumer Federal and State entitlements including new or
existing programs, Medicaid, Supplemental Security Income (SSI), Social
Security benefits, and food stamps; and
WHEREAS securing all eligible entitlements for consumers would result in
a decrease in the total amount of Community Mental Health expenditures; and
WHEREAS the proposed new positions would also be responsible for ensuring
that all applications and paperwork were completed and returned to the
Department of Social Services for consumers eligible for such entitlements; and
WHEREAS funding for the proposed six (6) additional positions is
available in the Community Mental Health Contingency Fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the creation six (6) new SR Hospital Liaison positions
in the Admission/Discharge Unit (#16641).
BE IT FURTHER RESOLVED that future existence of these positions be
contingent upon continuation of State funding.
Chairperson, on behalf of the Health and Human Services Committee, I move
the adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
FISCAL NOTE (Misc. #95071)
BY: Finance and Personnel Committee, John McCulloch, Chairperson
IN RE: HUMAN SERVICES/COMMUNITY MENTAL HEALTH - THE CREATION OF SIX NEW SR
HOSPITAL LIAISON POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95071 and finds:
1. The resolution creates six (6) new positions in Community Mental
Health to perform liaison duties for Oakland County residents of
State facilities.
2. Total annual costs are estimated to be $288,357 in salaries and
fringe benefits and $28,590 in operating expenses for a total
annual cost of $316,947.
3. For the remainder of Fiscal Year 1994/95, the additional costs are
estimated to be $141,418 in salaries and fringe benefits, $14,295
in operating expenses, and $15,575 in one-time start-up expenses
for a total of $171,288.
4. Funding is available within the current Community Mental Health
budget, therefore budget amendments are not required.
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by Douglas the resolution be adopted.
AYES: Obrecht, Palmer, Pernick, Powers, Taub, Wolf, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95105
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: FACILITIES MANAGEMENT - SALE OF COUNTY OWNED PROPERTY IDENTIFIED AS TAX
SIDWELL NUMBERS 14-29-205-003 AND 14-29-206-010 IN THE CITY OF PONTIAC, COMMON
ADDRESS 196 OAKLAND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #94078, dated March 24, 1994, the
Board of Commissioners authorized the County Executive's Facilities Management
Department to complete negotiations for the sale of the property identified as
tax sidwell numbers 14-29-205-003 and 14-29-206-010 in the City of Pontiac,
common address 196 Oakland with the highest qualified bidder; and
WHEREAS by Miscellaneous Resolution #94191, dated June 23, 1994, the
Board of Commissioners authorized the Department of Facilities Management to
negotiate and complete a lease agreement with openings (now known as 196
Oakland Properties, L.L.C.) to be effective and concurrent with the sale of
subject property; and
WHEREAS negotiations have been completed and the purchaser has submitted
the attached Purchase Agreement, Lease Agreement and Easement and License
Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby accepts and agrees to enter into the attached Purchase
Agreement, Lease Agreement, and Easement and License Agreement submitted by 196
Oakland Properties, L.L.C. for the sale and subsequent lease of property
commonly known as 196 Oakland, Pontiac, sidwell numbers 14-29-205-003 and 14-
29-206-010.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
hereby authorizes and directs its Chairperson to execute these agreements on
behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
hereby authorizes and appoints its Chairperson as its agent to execute the deed
for the sale of 196 Oakland, Pontiac and the related closing papers or
instruments necessary to complete this sale in accordance with the attached
agreements.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Purchase Agreement, Lease Agreement and Easement and License
Agreement on file in the County Clerk's office.
FISCAL NOTE (Misc. #95105)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: FACILITIES MANAGEMENT - SALE OF COUNTY OWNED PROPERTY IDENTIFIED AS TAX
SIDWELL NUMBERS 14-29-205-003 AND 14-29-206-010 IN THE CITY OF PONTIAC, COMMON
ADDRESS 196 OAKLAND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95105 and finds:
1. The resolution authorizes the sale of the Social Services building
to 196 Oakland Properties, L.L.C. for the sum of $318,000, a Lease
Agreement and an Easement and License Agreement.
2. The Lease Agreement for 8097 square feet of office space at $7.00
per sq. ft. and 5751 sq. ft. of storage space at $2.50 per sq. ft.
annually has been negotiated for a period of six months, except for
2,546 sq. ft. of office space which must be vacated by
April 30, 1995.
3. The License and Easement Agreement grants the County the right to
continue to operate the radio communication tower ancillary
equipment and radio operations buildings located on a portion of
the property until such time as the County ceases to use the radio
communications for its own governmental functions for a sum of
$10.00.
4. The proceeds of the sale will be deposited in the Capital
Improvement Fund #40100, account #3-40100-955-01-00-2561, sale of
land and buildings.
5. The budget be amended, as specified below, to adjust those
operations currently located at 196 Oakland and the Facilities
Maintenance and Operations Division.
4-10100-909-01-00-3658 Rent 280,772
4-10100-138-40-00-6310 Bldg Space Cost Allocation ( 4,056)
4-10100-138-40-00-3390 Heat, Lights & Utilities 4,056
4-10100-138-50-00-6310 Bldg Space Cost Allocation ( 24,384)
4-10100-167-01-00-6310 Bldg Space Cost Allocation (108,712)
4-10100-167-01-00-3658 Rent 108,712
4-10100-411-01-00-6310 Bldg Space Cost Allocation ( 1,102)
4-10100-433-10-00-6310 Bldg Space Cost Allocation ( 9,889)
4-10100-902-01-00-9215 Social Services Buildings (196,573)
4-22100-162-01-00-3658 Rent 7,189
4-22100-162-01-00-6310 Bldg Space Cost Allocation ( 56,013)
0
3-63100-147-01-00-2367 Office Space Rental - County (400,729)
3-63100-147-01-00-2370 Office Space Rental - Other (167,426)
$(568,155)
4-63100-147-19-00-3719 Sublet Repairs (348,303)
4-63100-147-19-00-4882 Maintenance Supplies ( 92,587)
4-63100-147-45-00-3374 Gas - Natural ( 38,802)
4-63100-147-55-00-3390 Heat ( 76,825)
4-63100-147-60-00-3780 Water and Sewage Charge ( 11,638)
$(568,155)
6) Budgets for those grants located at 196 Oakland will be adjusted at
the time of grant acceptance.
FINANCE AND PERSONNEL COMMITTEE
Moved by Palmer supported by Holbert the resolution be adopted.
AYES: Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #95106)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: PUBLIC SERVICES/COOPERATIVE EXTENSION - INCREASING ONE (1) PTE GYPSY
MOTH COORDINATOR AND ONE (1) PTE CLERK I TO FTE POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, having reviewed the above-referenced
resolution and reports with the recommendation that the resolution be amended
in the second from the last BE IT FURTHER RESOLVED paragraph, stating that
continuation of all personnel is contingent upon continued State funding.
Chairperson, on behalf of the Finance and Personnel Committee, I move
acceptance of the foregoing Report.
FINANCE AND PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #95106
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: PUBLIC SERVICES/COOPERATIVE EXTENSION - INCREASING ONE (1) PTE GYPSY
MOTH COORDINATOR AND ONE (1) PTE CLERK I TO FTE POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the gypsy moth infestation presents the potential for immense
damage to the many forested and tree filled landscapes within Oakland County;
and
WHEREAS many local governmental units within Oakland County have sought
the County's assistance in coordinating a large scale treatment program to help
suppress the gypsy moth infestation in which the local units chose to
participate; and
WHEREAS the County has chosen to assist qualifying local units by
participating in a State-wide treatment program developed by the Michigan
Department of Agriculture (MDA); and
WHEREAS the program has significantly increased from six communities in
1994 to sixteen communities in 1995; and
WHEREAS work with communities, the MDA, other quasi-governmental units,
and citizens requires assistance in excess of the 1,500 hours presently
appropriated for the Gypsy Moth Coordinator position; and
WHEREAS the Oakland County Gypsy Moth Suppression Unit currently has no
designated clerical support; and
WHEREAS Cooperative Extension currently has a part-time eligible Clerk I
position in the Administration Unit which is requested to be increased to full-
time to provide clerical support for the Gypsy Moth Suppression Unit; and
WHEREAS the Oakland County Gypsy Moth Advisory Committee recommends and
supports the need for additional community assistance.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners increase the Gypsy Moth Coordinator position #07378 from part-
time eligible, 1,500 hrs/yr to full-time eligible to improve and increase
services to municipalities and citizens by the Oakland County Gypsy Moth
Suppression Program.
BE IT FURTHER RESOLVED to increase the Clerk I position #07198, from
part-time eligible, 1,044 hrs/yr to full-time eligible.
BE IT FURTHER RESOLVED that continuation of the position of Gypsy Moth
Coordinator is contingent upon continued state funding.
BE IT FURTHER RESOLVED that the Public Services Committee review the need
for the position of Gypsy Moth Coordinator in one year.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #95106)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: PUBLIC SERVICES/COOPERATIVE EXTENSION - INCREASING ONE (1) PTE GYPSY
MOTH COORDINATOR AND ONE (1) PTE CLERK I TO FTE POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95106 and finds:
1) The Cooperative Extension Division is requesting to increase the
Gypsy Moth Coordinator position and a Clerk I position in the
Administration Unit from part-time eligible (PTE) to full-time
eligible.
2) The Gypsy Moth Coordinator position would increase from 1,500 hours
to 2,088 hours and the Clerk I position would increase from 1,044
hours to 2,088 hours.
3) The total cost for this increase is $28,248 (Salaries $20,770;
Fringe Benefits $7,477).
4) Additional funding is available from the State to pay 50% of the
direct aerial spraying expense.
5) An amendment to the 1995 Adopted Budget is recommended as follows:
Revenue:
3-10100-175-01-00-2514 Reimb-State Aerial Spray $32,250
3-10100-175-01-00-2533 Reimb-Mun. Aerial Spray ( 1,500)
Total Revenue $30,750
Expenditure:
4-10100-175-01-00-1001 Salaries $ 8,956
4-10100-175-01-00-2075 Fringe Benefits 3,224
4-10100-175-02-00-1001 Salaries 11,814
4-10100-175-02-00-2075 Fringe Benefits 4,253
4-10100-909-01-00-9900 Contingency 2,503
Total Expenditure $30,750
$ -0-
FINANCE AND PERSONNEL COMMITTEE
Moved by Obrecht supported by Amos the Finance and Personnel Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Obrecht supported by Amos the resolution be amended to coincide
with the recommendation in the Finance and Personnel Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #95107
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR LAW ENFORCEMENT SERVICES IN OAKLAND
TOWNSHIP
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland Township has contracted with the Oakland County Sheriff's
Department to provide law enforcement services for the Township [OAKLAND COUNTY
SHERIFF'S DEPARTMENT 1994/95 LAW ENFORCEMENT AGREEMENT WITH OAKLAND TOWNSHIP]
(Miscellaneous Resolution #93299, December 9, 1993); and
WHEREAS paragraph 16 of this contract provided that an amendment to this
contract must be approved by concurrent resolutions of both the Oakland County
Board of Commissioners and the Oakland Township Board; and
WHEREAS Oakland Township has requested and approved a proposed amendment
to SCHEDULE A - SHERIFF'S DEPUTY(IES) CONTRACTED to the contract which would
provide ONE (1) additional PATROL DEPUTY II (WITH FILL-IN), resulting in a new
total of FIVE (5) PATROL DEPUTIES II (WITH FILL-IN), being contracted; and
WHEREAS Oakland Township has agreed to reimburse the County for the costs
of this ONE (1) additional PATROL DEPUTY II (WITH FILL-IN); as provided for in
the contract; and
WHEREAS the Sheriff has agreed to provide ONE (1) additional PATROL
DEPUTY II (WITH FILL-IN) for Oakland Township under the terms of the contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approve an amendment to the original SCHEDULE A - SHERIFF'S
DEPUTY(IES) CONTRACTED of the OAKLAND COUNTY SHERIFF'S DEPARTMENT 1994/1995 LAW
ENFORCEMENT AGREEMENT WITH OAKLAND TOWNSHIP to increase the number of PATROL
DEPUTY(IES) II (WITH FILL-IN) from the original FOUR (4), to a new total of
FIVE (5) PATROL DEPUTY(IES) II (WITH FILL-IN) as shown in the attached SCHEDULE
A - SHERIFF'S DEPUTY(IES) CONTRACTED (AMENDED APRIL 1995).
BE IT FURTHER RESOLVED that this amendment will take effect on April 15,
1995.
BE IT FURTHER RESOLVED that ONE (1) new Deputy II position be created in
the contracted Patrol Unit, Protective Services Division of the Sheriff's
Department.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Schedule A on file in the County Clerk's office.
FISCAL NOTE (Misc. #95107)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF DEPARTMENT - CONTRACT FOR LAW ENFORCEMENT SERVICES IN OAKLAND
TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95107 and finds:
1. Oakland Township has requested a change to their Law Enforcement
Services Contract with the Sheriff, effective April 15, 1995, by
adding one (1) Deputy II with fill-in.
2. This change will increase the total number of officers contracted
to Oakland to 6; total number of officers obligated through the Law
Enforcement Services Contracts increases to 147.
3. This change will cause an annual increase in budget revenues and
expenditures of $84,718; increase for the balance of 1995 equals
$56,761.
4. The 1995 Budget should be amended, as specified in the attached
schedule, to account for this change.
FINANCE AND PERSONNEL COMMITTEE
Copy of schedule on file in the County Clerk's office.
Moved by Obrecht supported by Law the resolution be adopted.
AYES: Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey,
Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95108
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - SOUTHFIELD DETENTION FACILITY AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous
Resolution #8852 dated March 22, 1979, authorized an agreement between the City
of Southfield and the County of Oakland wherein the County would operate
Southfield's Detention Facility in the City of Southfield's safety building;
and
WHEREAS the Board of Commissioners approved the most recent agreement by
Miscellaneous Resolution #92170 dated July 23, 1992, which terminated on
June 30, 1994; and
WHEREAS representatives of the City of Southfield and the County have
tentatively agreed upon a multi-year contract beginning July 1, 1994 and
extending to June 30, 1997 or the length of the collective bargaining agreement
between the County and the Oakland County Deputy Sheriff's Association, which
ever is longer; and
WHEREAS this agreement includes flat fee payments by the city of $400,000
for the period July 1, 1994 through June 30, 1995 and $420,000 for the period
July 1, 1995 through June 30, 1996; the amount of the payment for subsequent
years of the contract will be indexed to the annual percentage increase in
total compensation included in the collective bargaining agreement with the
Oakland County Deputy Sheriff's Association; and
WHEREAS in order to fulfill the terms of the agreement, the Sheriff is
requesting one (1) full-time eligible, governmental funded Clerk III position
be created in the Corrective Services - Satellites Division, Southfield Unit
(#434-25) to provide necessary intake duties; and
WHEREAS the proposed agreement has been approved in accordance with the
County Executive's review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approved the attached agreement with the City of Southfield for
the operation of the Southfield Detention Facility and authorizes the
Chairperson of the Board of Commissioners to execute the said agreement.
BE IT FURTHER RESOLVED that the Oakland County Sheriff prepare written
quarterly reports on inmate population and characteristics to be presented to
the Public Services Committee.
BE IT FURTHER RESOLVED that one (1) full-time eligible, governmental
funded Clerk III position be created in the Sheriff's Department, Corrective
Services -Satellite Division, Southfield Unit (#434-25).
Chairperson, on behalf of the Public Services Committee, I move adoption
of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of agreement on file in the County Clerk's office.
FISCAL NOTE (Misc. #95108)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF DEPARTMENT - SOUTHFIELD DETENTION FACILITY AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95108, and finds:
1. Contract rates for renewal of the Southfield Detention Facility
Agreement have been proposed for the period July 1, 1994 through
June 30, 1997 at an annual rate of $400,000 for Fiscal Year
1994/1995 and $420,000 for Fiscal Year 1995/1996.
2. Annual rates for the remainder of the contract will be indexed to
the annual percentage increase in total compensation included in
the collective bargaining agreement with the Oakland County Deputy
Sheriff's Association.
3. The resolution also authorizes the creation of an additional Clerk
III position to provide intake services at the Southfield Detention
Facility. Annual cost of the position equals $31,089 of which
$21,006 is salary cost and $10,083 is fringe benefit cost. Cost
for the balance of 1995 equals (assuming an April 15 start date)
equals $21,524.
4. The projected 1995 revenue is $170,000 less than the 1995 budgeted
revenue of $580,000.
5. The combined contract revenue reduction and additional position
will increase County cost by $191,524 for 1995, as detailed on the
attached schedule. Two (2) sources are available to cover the
variance. First is a $50,000 balance from a payable account
created in 1994 in anticipation of a reduced Southfield contract
amount. Second is the non-departmental account for future jail
operation created with the 1994 Year End Report resolution.
4. The 1995 budget be amended, as specified below, to account for the
new contract:
Revenue
3-10100-434-25-00-2605 Special Deputies ($120,000)
Expenditures
4-10100-434-25-00-1001 Sthfld. Salaries $ 14,543
4-10100-434-25-00-2070 Sthfld. Fringes 6,981
4-10100-909-01-00-3080 Non. Dept - Jail Op. ($141,524)
($120,000)
$ 0
FINANCE AND PERSONNEL COMMITTEE
Copy of Schedule A and B on file in County Clerk's office.
Moved by Obrecht supported by Pernick the resolution be adopted.
Moved by Obrecht supported by Pernick to amend the Sheriff's Department -
Southfield Detention Facility Contract to incorporate language changes to the
contract, paragraph 3j as follows:
"The CITY agrees that this Agreement does not, and is not intended
to, transfer, delegate, or assign to the O.C.S.D. any civil or legal
responsibility, obligation, duty of care, or liability associated with
the ownership or maintenance, or liability for of the Facility."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #95109
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF DEPARTMENT - USE OF AUTOMOBILE THEFT PREVENTION AUTHORITY
FORFEITED FUNDS
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County receives grant funding from the Automobile Theft
Prevention Authority (ATPA) under provisions of Public Act 10 of 1986; and
WHEREAS grant conditions issued by the ATPA allow funds received or
generated as a result of automobile theft activities, including receipts from
sale of property, be used to enhance automobile theft prevention programs; and
WHEREAS funding in the amount of $61,595 is available as of January 1,
1995 from the confiscation and sale of stolen vehicles through the efforts of
the Oakland County Automobile Theft Prevention Unit; and
WHEREAS the Sheriff's Department has requested a portion of these funds
be utilized to provide funding for four officers to attend the North Central
Regional Chapter of the International Association of Auto Theft Investigators
annual Motor Vehicle Theft conference in Oak Lawn, Illinois, to examine the
latest automobile theft and insurance fraud detection methods; and
WHEREAS the estimated cost to attend this conference is $1,700 for the
four officers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the use of $1,700 of forfeited funds from the
Sheriff's Department Auto Theft Prevention Forfeited Funds account for the
purpose of sending four officers to the above named seminar.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #95110
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: CIRCUIT COURT - USE OF MEDIATION FUNDS FOR EQUIPMENT AND FURNITURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #90177, the Board of Commissioners
established the Circuit Court Mediation Fund; and
WHEREAS the fund is to be used to help pay for Circuit Court enhancements
and improvements as requested by the Circuit Court and approved by the Board of
Commissioners; and
WHEREAS the court seeks to utilize the Mediation Fund to purchase the
following:
Furniture (Mediation rooms and waiting room) $13,915
Furniture (Replace and reupholster) $11,139
Judicial Conference Room Equipment $ 600
Court Business Intern $ 7,440
FOC Job Placement Intern $ 7,440
Research Attorneys Furniture $36,516
Bench/Bar Conference $ 1,500
Reserve Account/Mediators $10,000
GRAND TOTAL $88,550
WHEREAS the cost of the above enumerated items is estimated to total
$88,550.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the use of $88,550 from the Circuit Court Civil
Mediation Fund for the above listed items.
BE IT FURTHER RESOLVED that information on any additional use of the
Reserve Account/Mediators be brought back to the Public Services Committee.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #95080
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF DEPARTMENT - INCREASE IN INMATE FEE-WORK RELEASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Sheriff's Department is operating a Work
Release Facility for inmates; and
WHEREAS the Sheriff according to MCLA 801.251 as amended by P.A. 15 of
1982, has the authority to set the fee for an inmate; and
WHEREAS Miscellaneous Resolution #89307 established the current rates of
20% of annual income with a $10.00 per day minimum and $30.00 per day maximum
charged to an inmate; and
WHEREAS it is the desire of the Sheriff to increase the inmate fee for
those inmates currently in the Work Release Program and for those to be
enrolled in this Program in the future to recoup more of the cost back to the
County; and
WHEREAS the Sheriff is establishing a minimum fee of eleven dollars
($11.00) per day or 20% of annual income prorated on a daily basis up to a
maximum of sixty dollars ($60.00) per day.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners establish a daily fee to be charged to the inmates enrolled in
the Work Release Program based on 20% of annual income prorated on a daily
basis with a minimum rate of $11.00 per day and a maximum rate of $60.00 per
day.
BE IT FURTHER RESOLVED that this fee increase will be effective
April 1, 1995 and will be reviewed annually by the Sheriff's Department which
will recommend any fee change that is necessary.
BE IT FURTHER RESOLVED that a Clerk III position be created in Work
Release Unit, Corrective Services-Satellite Division of the Sheriff's
Department and the cost of this position will be offset by the increase in
revenues to the County.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #95080)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF DEPARTMENT - INCREASE IN INMATE FEE - WORK RELEASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95080 and finds:
1. The resolution authorizes an increase in the maximum daily inmate
fee at the Work Release Facility from $30 to $60.
2. Estimated annual revenue increase from this action equals $90,000.
Estimated increase for the balance of 1995, beginning May 1, 1995
equals $52,500.
3. In order to take full advantage of the fee increase, the Sheriff
has requested an additional Clerk III position be established in
the administration unit.
4. Annual cost for this position equals $31,089, of which $21,006 is
salary and $10,083 is fringe benefit.
5. Cost for the balance of 1995 (18 pay periods) equals $21,523, of
which $14,543 is salary and $6,980 is fringe benefit.
6. The a portion of the revenue increase will cover the cost of the
position, the balance of the increase is available to transfer to
the 1995 contingency account.
7. The 1995 budget should be amended, as specified below:
Revenue
3-10100-434-30-00-2036 Board And Care $52,500
Expenditures
4-10100-431-01-00-1001 Salaries $14,543
4-10100-431-01-00-2070 Fringe Benefits 6,980
4-10100-909-01-00-9900 Contingency 30,977
$52,500
$ 0
FINANCE AND PERSONNEL COMMITTEE
Moved by Obrecht supported by Jacobs the resolution be adopted.
AYES: Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95111
BY: Ruth Johnson, District No. 1; Shelley G. Taub, District No. 12; Fran Amos,
District No. 5; Dan Devine, District No. 14; Donna Huntoon, District No. 2; Kay
Schmid, District No. 17; Nancy Dingeldey, District No. 11; Dennis Powers,
District No. 10; Lawrence Obrecht, District No. 3; Sue Douglas, District No. 8;
Don Wolf, District No. 19; David Moffitt, District No. 18; Donald Jensen,
District 15; Larry Crake, District No. 4; John Garfield, District No. 9
IN RE: PROTECTION OF SMART TRANSPORTATION FUNDS FOR SENIOR CITIZENS AND
PERSONS WITH DISABILITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS SMART (Suburban Mobility Authority for Regional Transportation)
has exceeded its $43 million budget for the last several years and has
announced that it will run out of money and will discontinue all line-haul
service in Oakland County by June of 1995; and
WHEREAS the Oakland County Board of Commissioners has formed a Public
Transportation Authority under Public Act 196 of 1988 for the purpose of
setting a Special Election to ask the citizens of Oakland County if they are
willing to assess themselves .33 mil in new property taxes to bail out SMART;
and
WHEREAS the Oakland County Board of Commissioners has a strong desire to
ensure senior citizens and individuals with disabilities throughout Oakland
County that the current services provided by SMART will continue; and
WHEREAS the current State and Federal contributions to the SMART budget
of $43 million per year are financed in part by all Oakland County residents
through gas tax and income tax; and
WHEREAS the Board of Commissioners' first and foremost concern is to
guarantee the continuation of municipal credits and paratransit services from
SMART to meet the needs of senior citizens and persons with disabilities living
in Oakland County; and
WHEREAS under Public Act 196, municipalities may choose to opt out of a
transit authority; and
WHEREAS there is a question whether SMART plans to halt transportation
for senior citizens and individuals with disabilities by discontinuing
municipal credits and paratransit service in communities who choose to opt out
even though the current funds and the State formula will continue to exist to
support said services; and
WHEREAS communities may opt out of the County's 196 Authority, but they
may not opt of SMART because state law mandates their membership and financial
contribution; and
WHEREAS, the two (2) representatives and (1) alternate to the SMART Board
of Directors from Oakland County would both have to vote to halt the existing
municipal credits and para-transit services for such services and credits to
cease.
NOW THEREFORE BE IT RESOLVED, that the Oakland County representatives to
the SMART Board of Directors are hereby requested to answer in writing by
May 5, 1995, as members of the SMART Board of Directors, whether they will or
will not vote to:
a. Remove municipal credits from any city, township or village
in Oakland County that currently receives said service as
long as they continue to contribute to the dedicated State
and Federal funds that exist to support said service.
b. Remove paratransit from any city, township or village in
Oakland County that currently receives such credits as long
as dedicated State and Federal funds exist to support said
credits.
Chairperson, we move adoption of the foregoing resolution.
Kay Schmid, Fran Amos, Donald
Jensen,
Dan Devine, Donna Huntoon, Shelly
Taub,
Dennis N. Powers, Nancy Dingeldey,
Ruth A. Johnson, Lawrence Obrecht,
David L. Moffitt, Larry P. Crake
Donn L. Wolf, Sue Ann Douglas,
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:
GENERAL GOVERNMENT
a. City of Huntington Woods - (Support) 1/4 Mill Public Transportation
b. City of Pontiac - (Support) SMART Millage Vote
c. City of Troy - (Support) SMART Millage Vote
d. Iron County Board of Commissioners - (Support) Road Commission Term
Change
HEALTH AND HUMAN SERVICES
a. Michigan Department of Mental Health - 1994/95 Full Management
Contract
PUBLIC SERVICES
a. McCartney and McIntyre P.C. - 9-1-1 Annual Accounting
There were no objections to the referrals.
The Chairperson stated the next Board meeting will be April 27, 1995 at
9:30 A.M.
The Board adjourned at 10:35 A.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson