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HomeMy WebLinkAboutMinutes - 1996.03.20 - 8205 96 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES March 21, 1996 Meeting called to order by Chairperson John McCulloch at 10:08 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Rolled called. PRESENT: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf. (24) ABSENT: Huntoon (with notice). (1) Quorum present. Commissioner Charles Palmer made the following Memorial Tribute. MEMORIAL TRIBUTE ALECK CAPSALIS WHEREAS it was with pride, dignity and dedication that Aleck Capsalis served the citizens of Oakland County in his role as Community Mental Health Services Board member since 1963, as Oakland County Building Authority member since 1987, and as advisor to County leaders for over more than three decades; and WHEREAS Alex Capsalis was recognized as a leader among his peers both professionally and in his political activities, and in his public service dedication; and WHEREAS a man of great ability, he assumed the mantle of public service with a faithfulness and a spirit of quiet determination and a pleasant good nature which never faltered, winning him many friends and admirers. NOW THEREFORE I, John P. McCulloch, Chairperson of the Oakland County Board of Commissioners on behalf of the entire Board, do hereby extend sincere condolences to the family of Aleck Capsalis, and express to them our heartfelt sympathy. Spread upon the Minutes of the March 21, 1996, Board of Commissioners' Meeting and attested to this Day, at Pontiac, Michigan. John P. McCulloch, Chairman Oakland County Board of Commissioners A moment of silence was observed in memory of Aleck Capsalis. Invocation given by Commissioner Fran Amos. Pledge of Allegiance to the Flag. Commissioners Minutes Continued. March 21, 1996 97 Moved by Wolf supported by Dingeldey the minutes of the March 7, 1996 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Wolf supported by Jensen the rules be suspended and the agenda amended, as follows: ITEMS ON PRINTED AGENDA PLANNING AND BUILDING COMMITTEE a. Drain Commissioner - Establishment of a Lake Level for Waumegah Lake, and the Construction of a New Dam Structure STRATEGIC PLANNING COMMITTEE A. Information Technology/Systems Development/Geographic Information Systems - Creation of One (1) Application Analyst/Programmer II Position (Reason for suspension for Planning and Building Committee item a and Strategic Planning Committee item a: Waiver of Rule XII.E - Direct referral to Finance and Personnel Committee) AYES: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf. (24) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. Clerk read a letter from Chairperson John McCulloch appointing the following individuals to the Human Services Coordinating Council: Private Agency Representative Thomas Langs of United Way Consumer Representative Bryn Fortune Commissioners Representatives Shelley Taub and Lawrence Pernick There being no objections, the appointments were confirmed. Clerk read a letter from Chairperson John McCulloch appointing the following persons to the Single Initiative Intake Forum Ad Hoc Committee: General Government Committee Rep. JoAnne Holbert Public Services Rep. Shelley Taub At-Large Rep. Dan Devine Dept. Of Human Services Rep. Dr. Tom Gordon Social Services Rep. Gerald Hall Probate Court Rep. Kal Engelburg Community Mental Health Rep. Lori Jansen There being no objections, the appointments were confirmed. Clerk read a letter from Chairperson John McCulloch appointing Daniel Prevost and Robert McGregor to the Oakland County Historical Commission for terms ending January 1, 1998. There being no objections, the appointments were confirmed. Commissioners John McCulloch and Shelley Taub, on behalf of the entire Board, and in recognition of the lifetime achievements of Ruth Peterson, presented a special proclamation to her son Greg Peterson, proclaiming March 21, 1996, as Ruth Peterson Day in Oakland County. MISCELLANEOUS RESOLUTION #96059 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER'S OFFICE AUTHORIZATION TO BORROW AGAINST DELINQUENT 1995 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 Commissioners Minutes Continued. March 21, 1996 98 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 1996 to the County and the local units (collectively, the "taxing units") that will have remained unpaid on March 1, 1996 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 1996 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 1996 Revolving Fund. In order to implement the continuation of the Revolving Fund Program and in accordance with Act 206, the County hereby establishes a 1996 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 1996 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 Commissioners Minutes Continued. March 21, 1996 99 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 1996 Delinquent Tax Project Account and thereafter used to fund the whole or a part of the County's 1996 Tax Payment Account, 1996 Note Reserve Account and/or 1996 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 1996 Tax Payment Account, 1996 Note Reserve Account and/or 1996 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 Treasurer=s 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 1991, 1992, 1993, 1994 and, if available, 1995, and the corollary schedule setting forth the anticipated rate of collection of those Delinquent Taxes which are pledged to the repayment of the Notes. The amount of each maturity and the scheduled maturity dates of the Notes shall be established to take into account the dates on which the Treasurer reasonably anticipates the collection of such Delinquent Taxes and shall allow for no more than a 10% variance between the debt service payable on each maturity date. The Notes, and the anticipated amount of pledged monies available on such maturity date to make payment of such debt service. Commissioners Minutes Continued. March 21, 1996 100 (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. Commissioners Minutes Continued. March 21, 1996 101 (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 Commissioners Minutes Continued. March 21, 1996 102 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) CUSP 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. Commissioners Minutes Continued. March 21, 1996 103 309. 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. Commissioners Minutes Continued. March 21, 1996 104 405. 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 1996 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 1996 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 1996 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 Commissioners Minutes Continued. March 21, 1996 105 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 1996 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 1996 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 1996 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. Commissioners Minutes Continued. March 21, 1996 106 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 1996 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 1996 Note Reserve Account created under Section 703 or the 1996 Note Payment Account created under Section 704. Monies in the Project Account may be disbursed by the escrow agent to the County's 1996 Tax Payment Account at any time and from time to time, upon receipt of a written requisition signed by the Treasurer. 702. 1996 Tax Payment Account. The County's 1996 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 Commissioners Minutes Continued. March 21, 1996 107 receive borrowed funds and which shall receive funds otherwise contributed by the County. 703. 1996 Note Reserve Account. In the event funding is provided as described in this Section 703, the Treasurer shall establish a 1996 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 1996 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. 1996 Note Payment Account. (a) The County's 1996 Note Payment Account is hereby established as a distinct account within the Revolving Fund. (The County's 1996 Note Payment Account, as supplemented by monies held in any interim account that are designated for transfer to the 1996 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, 1996, 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. Commissioners Minutes Continued. March 21, 1996 108 (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, Commissioners Minutes Continued. March 21, 1996 109 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 or Bond Counsel 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 or 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. Commissioners Minutes Continued. March 21, 1996 110 904. 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 1996 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 Commissioners Minutes Continued. March 21, 1996 111 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 Douglas supported by Jensen the resolution be adopted. AYES: Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Powers, Quarles, Schmid, Taub, Wolf, Amos. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. March 21, 1996 112 MISCELLANEOUS RESOLUTION #96060 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT 1995 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 Douglas supported by Garfield the resolution be adopted. AYES: Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96061 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - 1995/1996 COMPREHENSIVE, PLANNING, BUDGETING AND CONTRACTING (CPBC) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Health Division has applied for and has been awarded funding for the 1995/1996 Comprehensive, Planning, Budgeting and Contracting (CPBC) from the Michigan Department of Public Health; and WHEREAS the contract covers the period of October 1, 1995 through September 30, 1996; and WHEREAS the award totals $7,393,419 of which $4,339,482 is 100% funded categorical grants and $2,944,241 is cost sharing reimbursement, and $109,696 is reimbursement for the sexually transmitted disease program; and WHEREAS the grant includes funding for the creation of five (5) Special Revenue positions as follows: One (1) Program Evaluation Analyst (full-time) - Administration Unit One (1) Public Health Nurse II (2,000 hr/yr. PTNE) - Family Planning Unit One (1) Auxiliary Health Worker (2,000 hr/yr. PTNE) - Family Planning Unit One (1) Auxiliary Health Worker (897 hr/yr. PTNE) - Children=s Special Health Care Services One (1) Typist II (2,000 hr/yr. PTNE) - Family Planning Unit; and WHEREAS the reduction in funding for the Women, Infants and Children Grant (WIC) and the Maternal and Child Health Block Grant requires the deletion of one (1) Graphic Artist position (#16233-05160) and one (1) Auxiliary Health Worker position (#16284-02766); and WHEREAS the contract has been approved by the County Executive=s Contract Review Process; and WHEREAS the budget detail for the various programs is a matter of negotiation between the Health Division and the Michigan Department of Public Health (MDPH). Amendments will be recommended to the 1996 Adopted Budget when details are finalized. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners accepts the 1995/1996 Comprehensive, Planning, Budgeting and Contracting (CPBC) from the Michigan Department of Public Health in the amount of $7,393,419. BE IT FURTHER RESOLVED the Board approves of the creation of the following five (5) Special Revenue positions as allowed for by the contract: One (1) Program Evaluation Analyst (full-time) - Administration Unit Commissioners Minutes Continued. March 21, 1996 113 One (1) Public Health Nurse II (2,000 hr/yr. PTNE) - Family Planning Unit One (1) Auxiliary Health Worker (2,000 hr/yr. PTNE) - Family Planning Unit One (1) Auxiliary Health Worker (897 hr/yr. PTNE) - Children=s Special Health Care Services One (1) Typist II (2,000 hr/yr. PTNE) - Family Planning Unit. BE IT FURTHER RESOLVED the Board approves the deletion of two (2) Special Revenue positions as follows, due to the reduction in program funding: One (1) Graphic Artist position (#16233-05160) One (1) Auxiliary Health Worker position (#16284-02766). BE IT FURTHER RESOLVED that continuation of these positions is contingent upon continued State funding at a level sufficient to maintain the program. BE IT FURTHER RESOLVED the Board Chairperson is authorized to execute the contract agreement and approve changes and extensions not to exceed fifteen (15) percent, which are consistent with the agreement as originally approved. BE IT FURTHER RESOLVED the 1996 Adopted Budget be amended when the finalized budget detail is received. Chairperson, on behalf of the Finance and Personnel Committees Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE REPORT (Misc. #96061) BY: Public Services Committee, Shelley Taub, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - 1995/1996 COMPREHENSIVE, PLANNING, BUDGETING AND CONTRACTING (CPBC) ACCEPTANCE TO: Finance and Personnel Committee, Sue Douglas, Chairperson Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the personnel related requests contained in the above-referenced resolution on March 12, 1996, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I submit the foregoing report. PUBLIC SERVICES COMMITTEE Moved by Douglas supported by Jacobs the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Douglas supported by Jacobs the resolution be adopted. AYES: Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96062 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - TRANSFER OF MEDICAL CARE FACILITY FUND AND POSITIONS FROM GOVERNMENT TO ENTERPRISE FUND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Medical Care Fund has been budgeted as a Governmental Fund; and WHEREAS this fund operates and is accounted for as an Enterprise Fund under the General Accepted Accounting Principles (GAAP); and WHEREAS the County=s independent auditors have recommended that the budget and accounting designations coincide; and WHEREAS to further streamline the County=s financial records, it is recommended that $804,263 in a receivable account in the Medical Care Facility Fund, generated from Medicaid and Medicare reimbursements, be brought into current operations over a period of five (5) years, reducing the County=s General Fund appropriation originally budgeted in 1996 and 1997 and returning $160,853 to Commissioners Minutes Continued. March 21, 1996 114 contingency each year; and WHEREAS the early retirement, in 1994, of bonds issued for the construction and support of the Medical Care Facility, leaves a balance of $27,809 in a Medical Care Facility Fund reserve to pay the bonds, which should be brought into the current year and used to purchase necessary equipment; and WHEREAS in order to meet GAAP and to streamline the County=s financial records, the Administration recommends that the Medical Care Facility Fund and all positions assigned to that fund, be redesignated as Enterprise Fund retroactive January 1, 1996. NOW THEREFORE BE IT RESOLVED that retroactive to January 1, 1996 the Medical Care Facility Fund and all positions assigned to that fund be redesignated from Governmental Fund to Enterprise Fund. BE IT FURTHER RESOLVED that the 1996/1997 Adopted Budget be amended as specified on the attached schedule, to accommodate this redesignation. 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 County Clerk=s office. Moved by Douglas supported by Devine the resolution be adopted. AYES: Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96063 BY: Finance And Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - 1995 YEAR-END REPORT AND BUDGET AMENDMENTS To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all accounts have been posted and final adjustments made for 1995; and WHEREAS Restatement #1 of the Governmental Accounting, Auditing and Financial Reporting Standards requires that encumbrances and appropriations carried-forward be treated as a designated fund balance at the year-end and that such amounts be reappropriated in the subsequent year in order to be available for expenditure; and WHEREAS the results of operation after consideration of expenditures, accruals, encumbrances, appropriations carried forward, transfers, adjustments, and closing entries produces an excess available resources over total charges as reflected in the attached schedule; and WHEREAS pursuant to Miscellaneous Resolution #95301, the Board authorized the use of $2,475,201.00 to retire certain Delinquent Tax Revolving Fund loans; and WHEREAS one-time year-end favorability allows the County to retire three (3) additional Delinquent Tax Revolving Fund loans, specifically for the purchase of Oakland Pointe ($3,851,535.34), Radio Communications refinancing ($1,000,743.00), and expansion of the 800 MHz system ($2,355,439.00); and WHEREAS pursuant to Miscellaneous Resolution #95300, the Board authorized the set aside of $2,500,000 from fund balance to implement a new financial system; and WHEREAS the implementation of a new financial system may require the incorporation of a new personnel/payroll system, with an estimated cost of $1,500,000 which would provide labor distribution resulting in improved cost allocation for enhanced decision making and cost recovery; and WHEREAS the County continues to pursue implementation of additional new technologies to enhance the efficiency of not only Oakland County government, but municipal government, so as to improve services to citizens, specifically a Geographic Information System (G.I.S.)and a Warrant Teleconferencing System; and WHEREAS the Board of Commissioners has engaged in a strategic planning system, Commissioners Minutes Continued. March 21, 1996 115 with the Administration, which requires funding to develop a strategic planning model and implement innovative programs; and WHEREAS as strategic planning efforts lead to possible reorganizations, improved funding of the emergency salary program will allow elected officials to maintain services in the midst of change. NOW THEREFORE BE IT RESOLVED that the report of operations, for calendar year 1995, is accepted and the results of operations by line-item after inclusion of expenditures, accruals, encumbrances, appropriations carried-forward, transfers, adjustments, and closing entries is approved. BE IT FURTHER RESOLVED that various line items in the 1996 Budget be amended to include $325,082.55 for outstanding purchase orders and $2,785,250.54 for appropriations carried forward as detailed in the attached schedules. BE IT FURTHER RESOLVED adjustments to the fund balance be approved as follows: Balance Before Adjustments $13,155,264.79 Add to General Fund Balance: Repayment of Advance for Lake Charwood $ 20,305.69 Bunny Run Lake Level 20,000.00 Undesignated Future Operation Requirements* 2,838,396.00 Loss - Disallow. Ind. Cost to CETA 61,489.00 Special Contingency - Friend of the Court 351,682.15 Future Retirement Increase 750,000.00 Designated for Special Purpose 1,500,000.00 Adjusted Total Including Additions $18,697,137.63 Deduct from General Fund Balance: Advance to Housing & Community Development ($ 50,000.00) Increase Petty Cash Fund ( 235.00) Retire Delinquent Tax Revolving Loans** ( 2,475,201.00) Financial System ( 2,500,000.00) G.I.S. ( 750,000.00) Strategic Planning ( 395,000.00) Operational Improvements ( 1,253,151.51) Oakland Pointe Debt ( 3,851,535.34) Radio Debt ( 3,356,182.00) Emergency Salaries ( 150,000.00) Warrant Teleconferencing ( 500,000.00) Personnel/Payroll System ( 1,500,000.00) Adjusted Total Including Additions/Subtractions $ 1,915,832.78 Undesignated Fund Balance At Beginning of Year $ 0.00 Undesignated Fund Balance At the End of Year $ 1,915,832.78 (* approved per Miscellaneous Resolution #95042) (** approved per Miscellaneous Resolution #95301) BE IT FURTHER RESOLVED that $1,000,000 from the undesignated fund balance be transferred to the Millage Reduction and Stabilization Fund. BE IT FURTHER RESOLVED the Board accepts the Accounting Report on bad debt write offs and approved those in excess of $1,000. Chairperson, on behalf of the Finance and Personnel Committee, I move adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of schedules on file in County Clerk=s office. Moved by Douglas supported by Amos the resolution be adopted. AYES: Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96064 Commissioners Minutes Continued. March 21, 1996 116 BY: General Government Committee, Kay Schmid, Chairperson IN RE: BOARD OF COMMISSIONERS/RESEARCH LIBRARY - APPROPRIATION OF FUNDS FOR THE LIBRARY FOR THE BLIND AND PHYSICALLY HANDICAPPED To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Research Library is responsible for the operation of the Library for the Blind and Physically Handicapped (LBPH); and WHEREAS when located in the Farmington Community Library, the LBPH Library use to keep money on reserve with the Library for the purchase of large print books; and WHEREAS unbeknownst to LBPH staff when the move was completed to the new facility in mid-1994, $12,000 was still on deposit with the Farmington Community Library; and WHEREAS in mid-1995 $12,000 was returned to the LBPH Library; and WHEREAS as of December 31, 1995 $9,100 remained unspent and was returned to the General Fund balance; and WHEREAS the Research Library has a need to purchase large print books and captioned videos for the LBPH. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the allocation of $9,100 to the Research Library for the purchase of large print books and captioned videos for the Library for the Blind and Physically Handicapped. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Chairperson referred the resolution to the Finance and Personnel Committee. Their were no objections. MISCELLANEOUS RESOLUTION #96065 BY: General Government Committee, Kay Schmid, Chairperson IN RE: (OPPOSE) THE PROPOSED AMENDMENT TO THE STATE CONSTITUTION SJR22 AND TO SENATE BILLS 873, 874, 875, 876, RE TRANSPORTATION ISSUES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Legislature has historically recognized the interrelated functions of all public roads, regardless of jurisdiction, and has for decades funded all public roads primarily through the State gasoline tax and registration fees; and WHEREAS a proposal to amend the State Constitution and four Senate Bills have been recently introduced which would drastically change the structure and funding responsibilities of roads; and WHEREAS the proposed amendment to the constitution would abolish the Transportation Commission, and thus would politicize State highway project selection and endanger the completion of future multi-year, major projects; and WHEREAS Senate Bills 874 and 875, which would allow for the abolishment of road commissions, is clearly an attempt to force local road funding onto local county governments and are not appropriate at this time; and WHEREAS Senate Bill 876, which allows for a local option gas tax, fails to provide an adequate funding mechanism due to the inability of any single county to raise a large amount by this means without impacting its own fuel sales, related tax revenue, and service station dealers= business; and WHEREAS Senate Bill 873 would repeal Act 51 and thus subject all road funding to an annual appropriations process which would make long-range planning impossible and would jeopardize future funding levels for local roads; and WHEREAS the property tax is not an equitable way to fund all road costs; and WHEREAS the statewide locally-shared gas tax is still the most equitable user fee available for funding roads. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners Commissioners Minutes Continued. March 21, 1996 117 opposes the proposed amendment to the State Constitution and Senate Bills 873, 874, 875, and 876, and encourages the Legislature and Governor to work together with local governments to address the road funding and distribution issues. BE IT FURTHER RESOLVED that this resolution be sent to the Governor, the Michigan Association of Counties, and all of Michigan=s State Legislators. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Schmid supported by Obrecht the resolution be adopted. Discussion followed. Moved by Kingzett supported by Jacobs the question be divided to vote on Senate Bills 874 and 875 separately from the rest of the package. Discussion followed as to how this could be accomplished. Commissioner Palmer suggested isolating and voting on each issue as if it were separate resolutions. Moved by Palmer supported by Amos to amend the resolution in the NOW THEREFORE BE IT RESOLVED paragraph by inserting the words Aat this time@ after A...Commissioners opposes@. Moved by Devine supported by Palmer to table the resolution. AYES: Law, Palmer, Powers, Devine. (4) NAYS: Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Moffitt, Obrecht, Pernick, Quarles, Schmid, Taub, Wolf, Amos, Crake, Dingeldey, Douglas, Garfield. (20) A sufficient majority not having voted therefor, the motion to table failed. Vote on Palmer=s amendment: A sufficient majority having voted therefor, the amendment carried. Moved by Crake supported by Powers to amend the resolution in the NOW THEREFORE BE IT RESOLVED paragraph to add ASJR22" after the words A...State Constitution@. A sufficient majority having voted therefor, the amendment carried. The Chairperson stated a AYES@ vote opposes; a ANO@ vote does not oppose. Vote on State Constitution SJR22: AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Vote on Senate Bill 873: AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. March 21, 1996 118 Vote on Senate Bill 874: AYES: Johnson, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jensen. (19) NAYS: Kaczmar, Kingzett, Pernick, Quarles, Jacobs. (5) A sufficient majority having voted therefor, the resolution was adopted. Vote on Senate Bill 875: AYES: Law, McCulloch, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake, Dingeldey, Douglas, Garfield, Holbert, Jensen, Johnson. (17) NAYS: Kaczmar, Kingzett, McPherson, Pernick, Quarles, Devine, Jacobs. (7) A sufficient majority having voted therefor, the resolution was adopted. Vote on Senate Bill 876: AYES: Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Moved by Douglas supported by Dingeldey the five (5) motions be combined into one resolution. (Commissioner Kingzett requested that each roll call vote be reflected on the representative copy.) AYES: McCulloch, Moffitt, Palmer, Powers, Quarles, Schmid, Taub, Wolf, Amos, Dingeldey, Douglas, Garfield, Johnson. (13) NAYS: Law, McPherson, Obrecht, Pernick, Crake, Devine, Holbert, Jacobs, Jensen, Kaczmar, Kingzett. (11) A sufficient majority having voted therefor, the motion to combine the five (5) motions into one resolution carried and the resolution was adopted. REPORT BY: General Government Committee, Kay Schmid, Chairperson IN RE: APPOINTMENT TO COMMUNITY MENTAL HEALTH SERVICES BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee recommends the appointment of Janet Stack-Miller to the Community Mental Health Services Board for the term expiring December 31, 1998. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Schmid supported by Johnson the General Government Committee Report be accepted. A sufficient Majority having voted therefor, the report was accepted. Moved by Schmid supported by Johnson the appointment of Janet Stack-Miller to the Community Mental Health Services Board, for a term ending December 31, 1998, be confirmed. A sufficient majority having voted therefor, the appointment of Commissioners Minutes Continued. March 21, 1996 119 Janet Stack-Miller to the Comminity Mental Health Services Board, for a term ending December 31, 1998, was confirmed. MISCELLANEOUS RESOLUTION #96043 BY: General Government Committee, Kay Schmid, 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: 15 Refrigerators (Jury Rooms) $ 320 ea. $ 4,800 14 Lanier Fax Machines 1,500 ea. 21,000 18 Easels 91 ea. 1,638 18 Marker Boards 345 ea. 6,210 6 View Boxes 110 ea. 660 Settlement Week 10,000 Contribution to Bench Bar Retreat 1,500 Reading to Reduce Recidivism Program 10,000 TOTAL: $55,808 WHEREAS the cost of the above-enumerated items is estimated to total $55,808. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the use of $55,808 from the Circuit Court Civil Mediation Fund for the above-listed items. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #96043) BY: Finance And Personnel Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT - USE OF MEDIATION FUNDS FOR EQUIPMENT AND FURNITURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed Miscellaneous Resolution #96043 and finds: 1. The Circuit Court has requested using $55,808 from the Circuit Court Civil Mediation Fund for furniture, equipment and to fund Settlement Week and a Reading to Reduce Recidivism program. 2. Miscellaneous Resolution #90177 provides that after payment of the attorney mediators, the balance of the fund will be used by the Circuit Court for enhancements and improvements. 3. Use of the fund is handled in the manner similar to that established for funds forfeit through narcotic seizures ie. as specifically requested by the Court and approved by the Board of Commissioners. 4. The fund currently has a balance of $521,843 of which a minimum of $136,795 is committed to cover the 1995 mediator liability to date to the General Fund. 5. The following amendments be made to the Circuit Court=s 1996 Budget utilizing funds from the Civil Mediation Account (1-10100-210-011): Revenue 3-10100-311-01-00-2054 Civil Mediation $55,808 Expenditure 4-10100-311-01-00-3347 Expendable Equipment $13,308 4-10100-311-01-00-8670 Office Equipment Fund $21,000 4-10100-311-01-00-3127 Reading to Reduce Commissioners Minutes Continued. March 21, 1996 120 Recidivism Program $10,000 4-10100-311-01-00-3127 Settlement Week $10,000 4-10100-311-05-00-3752 Travel & Conference $ 1,500 $55,808 $ -0- Chairperson, on behalf of the Finance and Personnel Committee, I move adoption of the foregoing report. FINANCE AND PERSONNEL COMMITTEE Moved by Schmid supported by Crake the resolution be adopted. AYES: McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Johnson, Kaczmar, Kingzett, Law. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution be adopted. REPORT (Misc. #96066) BY: Finance and Personnel Committee, Sue Douglas, Chairperson IN RE: AUTHORIZATION OF ESTABLISHMENT OF A LEGAL LEVEL FOR WAUMEGAH LAKE AND RECONSTRUCTION OF A NEW DAM STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance and Personnel Committee, having reviewed the above-referenced Planning and Building Committee resolution on March 14, 1996, reports with the recommendation that the resolution be adopted with the following amendment: Delete the following from the 3rd BE IT FURTHER RESOLVED paragraph: ..., subject to prior receipt of a written guarantee from the lake association or the applicable local government,... Chairperson, on behalf of the Finance and Personnel Committee, I move acceptance of the foregoing report. FINANCE AND PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #96066 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - ESTABLISHMENT OF A LAKE LEVEL FOR WAUMEGAH LAKE AND THE CONSTRUCTION OF A NEW DAM STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Waumegah Lake, having a surface area of approximately 112 acres, is an inland lake located in both Section 12 of Springfield Township, T.4N., R.8E., Oakland County, Michigan, and Section 7 of Independence Township, T.4N., R.9E., Oakland County, Michigan; and WHEREAS on January 8, 1996 a structural failure of the approximately 70 year old private dam structure controlling the level of Waumegah Lake occurred, threatening the public health, safety and welfare, and putting the lake level at risk; and WHEREAS at the request of Springfield Township officials, the Oakland County Drain Commissioner's office intervened on January 8, 1996 to temporarily stabilize the structure failure of the said dam structure; and WHEREAS the Michigan Department of Environmental Quality (MDEQ), acting within their authorities under the Dam Safety Act, Public Act No. 300 of 1989, ordered a drawdown of the level of Waumegah Lake until such time that the dam structure is repaired/reconstructed; and WHEREAS Act No. 146 of the Public Acts of 1961, the Inland Lake Level Act, Commissioners Minutes Continued. March 21, 1996 121 as amended by Part 307 of Act No. 59 of the Public Acts of 1995, sets forth a procedure for the establishment of both a legal level for inland lakes located within the State of Michigan, and the construction of dam/level control structures to effectuate such levels; and WHEREAS the establishment of a summer and winter level for Waumegah Lake, and the reconstruction of the lake's failed dam structure, all in accordance with the provisions of Act No. 146 of 1961, as amended by Part 307 of Act No. 59 of 1995, would provide for the public health, safety and welfare, would conserve the natural resources of the State, and would preserve and enhance the property values abutting Waumegah Lake; and WHEREAS in accordance with Section 30702 of said Act No. 59, petitions were received by the Oakland County Board of Commissioners from more than two-thirds (2/3) of the freeholders owning land abutting Waumegah Lake requesting both the establishment of a legal level and the reconstruction of the lake's failed dam structure; and WHEREAS in accordance with Section 30703 of said Act No. 59, the said petitioners did enclose with their petitions a $10,000.00 cash deposit to cover the costs of preliminary engineering; and WHEREAS in order to maintain a summer and winter level for Waumegah Lake, it is necessary to reconstruct a new dam structure to the present standards of hydraulic/hydrologic/structural design, to replace the existing failed dam structure. NOW THEREFORE BE IT RESOLVED that this Board of Commissioners deems it in the public's best interest to reconstruct the existing failed dam structure at Waumegah Lake, in order to establish and maintain a normal summer and winter elevation for Waumegah Lake, pursuant to the provisions of Act No. 146 of the Public Acts of 1961, as amended by Part 307 of Act No. 59 of the Public Acts of 1995. BE IT FURTHER RESOLVED that the Drain Commissioner be designated to act on behalf of the Board of Commissioners to oversee the design and construction of a new dam structure for Waumegah Lake, and to prepare a Special Assessment District and Roll that includes therein each parcel of land that will benefit from both the establishment of a summer and winter lake level, and the reconstruction of the failed dam structure. BE IT FURTHER RESOLVED that the office of the Prosecuting Attorney, in conjunction with the department of Corporation Counsel, be authorized to initiate a complaint in the Circuit Court for the County of Oakland to establish a legal summer and winter level for Waumegah Lake, and to reconstruct the failed dam structure, as indicated herein. BE IT FURTHER RESOLVED that this Board of Commissioners does hereby commit, subject to prior receipt of a written guarantee from the lake association or the applicable local government, to finance the cost of constructing a new dam structure for Waumegah Lake, to be repaid from the said Special Assessment Roll, consistent with prior established policy, in accordance with Miscellaneous Resolution Nos. 89276 and 92228 covering the loan of County funds, with the actual amount of the loan, including applicable interest rate and repayment schedule, being determined at some time in the future, by Board of Commissioner action, after the costs to reconstruct the Waumegah Lake dam structure are known. BE IT FURTHER RESOLVED that the Drain Commissioner be authorized to request and receive advances, subject to prior receipt of a written guarantee from the lake association or the applicable local government, for engineering design and other related costs, as needed, in excess of the $10,000.00 deposit that accompanied the petitions, in an amount not to exceed $50,000.00, prior to the actual advancement of funding and adoption of the Special Assessment Roll, to be repaid as part of the overall project loan, all in accordance with said Miscellaneous Resolution Nos. 89276 and 92228. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (Misc. #96066) Commissioners Minutes Continued. March 21, 1996 122 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER - ESTABLISHMENT OF A LAKE LEVEL FOR WAUMEGAH LAKE AND THE CONSTRUCTION OF A NEW DAM STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed Miscellaneous Resolution #96066 and finds: 1) The resolution authorizes the Drain Commissioner to design and construct a new dam for Waumegah Lake to control lake levels and prepare a Special Assessment District and Roll. 2) The resolution also authorizes the Drain Commissioner to obtain advances from the Drain Revolving Fund in an amount not to exceed $50,000 to initially establish the project which would be repaid as part of the overall project loan. 3) The Board of Commissioners commits to financing the cost of the reconstruction project, which will be repaid from the special assessment roll, consistent with prior established policy and in accordance with Miscellaneous Resolutions Nos. 89276 and 92228 covering the loan of County funds. The actual amount of the loan and applicable interest rate will be determined by the Board of Commissioners at a later date after the costs of reconstruction have been determined. 4) Funds for the initial advance of $50,000 are available in the Drain Revolving Fund. 5) The initial advance is contingent on receipt of a written guarantee from the lake association or the applicable local government. 6) Upon approval by the Board of Commissioners, funding to finance the project will be transferred from the Drain Revolving Fund to the Drain Long Term Revolving Fund. FINANCE AND PERSONNEL COMMITTEE Moved by Palmer supported by Taub the Finance and Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Palmer supported by Taub the resolution be adopted. Moved by Palmer supported by Garfield the resolution be amended to coincide with the recommendation of the Finance and Personnel Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #96067 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS/D.A.R.E. VEHICLE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement Commissioners Minutes Continued. March 21, 1996 123 efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $929,431.74 (balance as of 12\31\95) as a result of Sheriff Department forfeiture efforts; and WHEREAS the Sheriff Department has a 1980 Camaro Z-28 that was obtained through the forfeiture process; and WHEREAS the Sheriff Department is requesting to use forfeited funds to repair and renovate the Camaro, making a DARE car, which will be used by departmental personnel; and WHEREAS this vehicle will be utilized by the Sheriff Department to enhance law enforcement efforts in compliance with State law; and WHEREAS the estimated capital costs are $7,500 and the estimated operating expenses would be $1,500 per year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $9,000 from the Sheriff Department Law Enforcement Enhancement Account (#1-10100-201-053) to create and maintain a DARE car for the purpose of teaching at various school districts. 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 #96068 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: PUBLIC HEALTH WEEK, APRIL 1-7, 1996 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Health Division was the first County Health Department in Michigan, established in 1926; and WHEREAS public health programs and services benefit everyone and are essential ingredients in a strong, successful health care system; and WHEREAS public health activities protect our citizens from infectious disease, environmental hazards, chronic diseases and injuries; and WHEREAS this Board realizes the importance of a County-wide health program which ensures that all citizens have the opportunity to be healthy people living in a healthy community in a healthy world. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby declare the week of April 1-7, 1996, as Public Health Week in Oakland County. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Moved by Taub supported by Quarles the resolution be adopted. AYES: Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96050 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF COMMERCE - 1996/1998 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Commerce Township has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (Miscellaneous Commissioners Minutes Continued. March 21, 1996 124 Resolution #95316); and WHEREAS paragraph 23 of this contract provides that an amendment to this contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Commerce Township Board; and WHEREAS Commerce Township has approved a proposed amendment to the contract (Schedule A - Sheriff's Deputies Contracted) which would add one (1) Patrol Investigator resulting in a new total of four (4) Patrol Investigators being contracted and bring the total number of contracted deputies to eighteen (18); and WHEREAS the Sheriff has agreed to add one (1) Patrol Investigator for Commerce Township under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 1996-1998 Law Enforcement Services Agreement with the Charter Township of Commerce to increase the number of Patrol Investigators from the original three (3) to a new total of four (4). BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Contracted Patrol Unit, Protective Services Division of the Sheriff's Department. BE IT FURTHER RESOLVED that one (1) unmarked vehicle (with mobile and prep radio) be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on March 9, 1996. 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. #96050) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF COMMERCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed Miscellaneous Resolution #96050 and finds: 1. Commerce Township has requested a change to their Law Enforcement Services Contract with the Sheriff, effective March 9, 1996, by adding one (1) Patrol Investigator (actual effective date will be March 23). 2. This change will increase the total number of officers contracted to Commerce Township to 18; total number of officers obligated through the Law Enforcement Services Contracts increases to 149. 3. This change will cause an increase in budgeted revenue and expenditures of $60,174 in 1996, $78,608 in 1997, and $80,730 in 1998. 4. The 1996/1997 Biennial Budget should be amended, per the attached schedule to account for this increase. 5. The resolution also authorizes the addition of one (1) patrol vehicle, radio and MDT terminal. Capital cost associated with the new equipment equals $27,558. 6. The 1996 Budget should be amended, as further detailed on the attached schedule, transferring $27,558 from the 1996 Contingency Account to cover the capital cost associated with the requested vehicle, radio and MDT terminal. FINANCE AND PERSONNEL COMMITTEE Copy of Schedule on file in County Clerk=s office. Moved by Taub supported by Dingeldey the resolution be adopted. Commissioners Minutes Continued. March 21, 1996 125 AYES: Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96051 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF=S DEPARTMENT - ACCEPTANCE OF A CONTRACT FOR THE DOCKAGE OF A SHERIFF=S MARINE UNIT BOAT ON UNION LAKE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff's Marine Unit patrols the lakes of Oakland County for the benefit of the protection and safety of the users of the lakes; and WHEREAS Union Lake is a busy lake patrolled almost daily; and WHEREAS Aggressive Marine, through its President, Craig A. Stigleman, has offered the Sheriff dockage for one boat at their facility on Union Lake at no charge until September 30, 1996, according to the terms of the attached contract; and WHEREAS the Board of Commissioners' procedure for acceptance of a gift/donation from private sources (Miscellaneous Resolution #83204) allows for the administrative acceptance of a gift/donation with a value of $9,999.00 or less; and WHEREAS the value of the gift here offered is stated as $1,250; and WHEREAS the acceptance of the gift requires the execution of a contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the gift of dockage from Aggressive Marine. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be authorized to execute the contract offered with Aggressive Marine. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Annual Storage and Dockage Contract and/or Winter Storage Agreement on file in the County Clerk=s office. FISCAL NOTE (Misc. #96051) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF=S DEPARTMENT - ACCEPTANCE OF A CONTRACT FOR THE DOCKAGE OF A SHERIFF=S MARINE UNIT BOAT ON UNION LAKE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed Miscellaneous Resolution #96051 and finds no budget amendments are required to execute the contract. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Dingeldey the resolution be adopted. AYES: Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #96002) Commissioners Minutes Continued. March 21, 1996 126 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH - ESTABLISH REPORTING REQUIREMENTS FOR COMMUNITY MENTAL HEALTH BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above-referenced resolution on January 23, 1996, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #96002 BY: Charles E. Palmer, District #16 IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH - ESTABLISH REPORTING REQUIREMENTS FOR COMMUNITY MENTAL HEALTH BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS nearly all matters considered by the Community Mental Health Board (CMHB) are brought to the Board of Commissioners and its appropriate standing committees for action; and WHEREAS by virtue of this reporting structure, requests for action by the Community Mental Health Director and staff may take four to six weeks, sometimes longer, for final disposition; and WHEREAS the CMHB, by provision of state law, is an administrative board duly authorized to oversee the day-to-day operations of the Community Mental Health program in Oakland County; and WHEREAS the Board of Commissioners believes that this approval process is inherently inefficient and overly burdensome to the Community Mental Health director and staff; and WHEREAS by authorizing the CMHB to report its activity to the Board of Commissioners and its standing committees on an informational basis, it is expected that the Community Mental Health program=s position will be enhanced relative to meeting the needs and addressing the concerns of mental health care recipients, providers, agencies and the general public. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Community Mental Health Board (CMHB), in accordance with its statutory authority as cited in the Mental Health Code (M.C.L. 330.1001 et seq.), to report its activities, as determined by the CMHB, to the appropriate Board of Commissioners= liaison committee on an informational basis, with the exception of: 1. the annual plan and budget for Community Mental Health; 2. requests for expenditures in excess of the budget as approved by the Board of Commissioners; 3. personnel matters as referenced in Section XI.A.3 of the Board Rules; and 4. acceptance of all Federal and State grants as referenced in Section XI.A.10 of the Board Rules (specifically Miscellaneous Resolution #89105, as amended by Miscellaneous Resolution #93020). Considerations by the CMHB on the above-referenced items shall be presented to the Board of Commissioners for action in accordance with State law, County policy and Board Rules. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners and the Chairperson of the CMHB shall be authorized to approve Federal, State and/or private grants awarded to the CMHB which require immediate acceptance or acceptance in a time manner which does not permit approval pursuant to the Grants Policy as established in Miscellaneous Resolution #89105, as amended by Miscellaneous Resolution #93020. BE IT FURTHER RESOLVED that any policies, resolutions and/or procedures, or portions thereof, that conflict with this resolution are hereby rescinded. Chairperson, I move the adoption of the foregoing resolution. Commissioners Minutes Continued. March 21, 1996 127 Charles E. Palmer, District #16 REPORT (Misc. #96002) BY: General Government Committee, Kay Schmid, Chairperson IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH - ESTABLISH REPORTING REQUIREMENTS FOR COMMUNITY MENTAL HEALTH BOARD To the Public Services Committee Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #96002 on January 22, 1996, reports that under the Board of Commissioners= Rules of Procedure, the Public Services Committee has liaison responsibilities for this resolution and recommends its referral to that committee. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE The resolution was referred back to the Public Services Committee. There were no objections. MISCELLANEOUS RESOLUTION #96069 BY: Strategic Planning Committee, Dennis N. Powers, Chairperson IN RE: INFORMATION TECHNOLOGY/SYSTEMS DEVELOPMENT/GEOGRAPHIC INFORMATION SYSTEMS - CREATION OF ONE (1) APPLICATION ANALYST/PROGRAMMER II POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1995, the County began initial implementation work for a multi- participant Geographic Information System (GIS) electronic mapping project; and WHEREAS the GIS will provide an information framework through which any geographically referenced data can be indexed, combined, analyzed, queried and reported; and WHEREAS the County needs to build a collection of attribute data that can be linked with the electronic map to fully benefit from its investment in a Geographical Information System; and WHEREAS the Information Technology Department is requesting to create one (1) Application Analyst/Programmer II position to gather data and analyze the design of a system to allow data retrieval from the many mainframe files and external attribute files that are available to the County, and to make this data available for decision support purposes in conjunction with the electronic map; and WHEREAS it is expected that the requested Application Analyst/Programmer II position will also receive training in the GIS operating system to provide back up in this critical area; and WHEREAS identifying the center point for each of the 36 sections within the four geographic townships which have been targeted for 1996 is required to insure the accuracy of the base map, at an estimated cost of $13,000; and WHEREAS the GIS Steering Committee has recognized a need for additional professional consulting services at an estimated cost of $30,100 to resolve issues regarding automation of sidwell map production and the development of a digital aerial photography process; and WHEREAS funds are available in the designated fund balance for use in current GIS operations. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the creation of one (1) governmental funded Application Analyst/ Programmer II position in the GIS Unit of the Systems Development Division of the Information Technology Department (location 182). BE IT FURTHER RESOLVED that $137,996 be taken out of the designated fund balance for GIS; $80,617 in 1996 and $57,379 in 1997. AND BE IT FURTHER RESOLVED that a review of this position will be conducted during 1997 to determine funding alternatives for 1998. Chairperson, on behalf of the Strategic Planning Committee, I move the Commissioners Minutes Continued. March 21, 1996 128 adoption of the foregoing resolution. STRATEGIC PLANNING COMMITTEE FISCAL NOTE (Misc. #96069) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: INFORMATION TECHNOLOGY/SYSTEMS DEVELOPMENT/GEOGRAPHIC INFORMATION SYSTEMS - CREATION OF ONE (1) APPLICATION ANALYST/PROGRAMMER II POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed Miscellaneous Resolution #96069 and finds: 1) The resolution authorizes the creation of one government funded Application Analyst/Programmer II position for the GIS Unit of the Systems Development Division of Information Technology. 2) The resolution also authorizes funding in the amount of $13,000 for the identification of center point of section for four townships and $30,100 for additional professional consulting services related to automation of sidwell map production and digital aerial photography. 3) Funding in the amount of $137,996 is available in the designated fund balance for use in current GIS operations (1-10100-492-057). 4) The 1996-1997 Budget shall be amended as follows: General Fund: Revenue 3-10100-909-01-00-9901 Prior Year Balance $80,617 $57,379 Expense 4-10100-901-01-00-8615 Info. Tech $30,100 $ 0 4-10100-214-01-00-3450 Clerk/Reg. Land Survey 13,000 0 4-10100-182-01-00-1001 Info. Tech. Wages 25,574 39,113 4-10100-182-01-00-2070 Info. Tech. Fringes 11,943 18,266 $80,617 $57,379 Information Technology Fund: Revenue 3-63600-181-01-00-8101 Operating Transfer In $30,100 $ 0 Expense 4-63600-182-01-00-3129 Professional Services-GIS $30,100 0 $ 0 $ 0 FINANCE AND PERSONNEL COMMITTEE Moved by Powers supported by Pernick the resolution be adopted. AYES: Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96070 BY: Ruel McPherson, District 25; JoAnne Holbert, District 6; Ruth Johnson, District 1 IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - TRAVEL REGULATIONS - AMENDMENT TO MILEAGE REIMBURSEMENT PROCEDURES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the current travel regulations require that requests for mileage reimbursement must be made within the month of incurrence or within five (5) working days at the end of the month; and WHEREAS it is sometimes difficult for an individual who is eligible for mileage reimbursement to provide the necessary documentation within this time frame. Commissioners Minutes Continued. March 21, 1996 129 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests that the administration bring a plan to the Finance and Personnel Committee that would authorize that the travel regulations be amended to provide for an adjustment period for those who would be considered delinquent in reporting mileage reimbursement claims under the current policy. Chairperson, I move the adoption of the foregoing resolution. Ruel McPherson, JoAnne Holbert, Ruth Johnson, Eugene Kaczmar, Thomas A. Law, John Garfield, Sue Douglas, Lawrence Pernick, Nancy L. Quarles, Gilda Z. Jacobs, Jeff Kingzett, David Moffitt, Donn L. Wolf, Dennis N. Powers The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. Commissioner Fran Amos requested a Public Hearing will be scheduled for April 4, 1996 Board of Commissioners meeting for the purpose of allowing public comment regarding the TECLA, Inc. Project. The Chairperson set the hearing for 10:00 A.M. MISCELLANEOUS RESOLUTION #96071 BY: Commissioner Shelley G. Taub IN RE: DEVOLUTION OF FEDERAL PROGRAMS TO LARGE, URBAN COUNTIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS amidst the national discussion on devolution of programs such as welfare, Medicaid and Medicare by the Congress of the United States, there has been significant and innovative input from the governors of the fifty states to block grant these programs to the states; and WHEREAS the enaction of these megablock grants will allow the states to construct and reshape programs which will reflect the economic realities of each State, reducing cumbersome delivery of service; and WHEREAS large, urban counties, such as Oakland, with a population of over one-half million residents, are larger than many of the states, and have sophisticated service delivery systems in place which directly serve the needs of their citizens, and which already directly administer federal programs; and WHEREAS for Counties such as these, directly block granting welfare, Medicaid and Medicare funds to the Counties, eliminating the State as a duplicative bureaucratic layer, should be considered; and WHEREAS we believe that the more local the charity, the aid and the assistance is; the more appreciated, the more cost effective, and the better the outcome will be. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby request that our Federal legislators, give due consideration to providing large, urban counties, with populations over 500,000 the ability to administer the devolved federal programs, within the same guidelines and waivers granted to the State in which they are located. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Governor, Oakland County=s State and Federal Legislators, the Counties of Wayne, Kent, and Macomb and to the National Association of Counties. Chairperson, I move the adoption of the foregoing resolution. Shelley G. Taub The Chairperson referred the resolution to the General Government Committee and the Public Services Committee. There were no objections. Commissioners Minutes Continued. March 21, 1996 130 In accordance with Rule XXII, the Chairperson made the following referrals: FINANCE AND PERSONNEL a. Oegmaw County Clerk (support) Legislation to Extend Assessment Change Response Time GENERAL GOVERNMENT a. Oegmaw County Clerk (support) Legislation to Extend Assessment Change Response Time b. Areawide Water Quality Board (AWQB) PUBLIC SERVICES a. Disabled American Veterans Convention Funding Request There were no objections to the referrals. The Board adjourned at 11:13 A.M. to the call of the Chair, or April 4, 1996 at 9:30 A.M. LYNN D. ALLEN JOHN MCCULLOCH Clerk Chairperson