HomeMy WebLinkAboutMinutes - 1997.03.06 - 8225
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OAKLAND COUNTY
BOARD OF COMMISSIONERS MINUTES
March 6, 1997
Meeting called to order by Chairperson John McCulloch at 10:26 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Amos, Coleman, Devine, Douglas, Garfield, Holbert, Huntoon,
Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard,
Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (24)
ABSENT: Dingeldey. (1)
Quorum present.
Invocation given by Commissioner Donn Wolf.
Pledge of Allegiance to the Flag.
Moved by Wolf supported by Amos the minutes of the February 13, 1997 Board
meeting be approved.
A sufficient majority having voted therefor, the minutes were approved, as
printed.
Moved by Wolf supported by Palmer the rules be suspended and the agenda be
amended, as follows:
ITEMS ON PRINTED AGENDA
FINANCE AND PERSONNEL COMMITTEE
d. County Executive/Arts, Film and Culture - Michigan Council for Arts
and Cultural Affairs 1996/1997 Regranting Program Acceptance
(Reason for suspension of Finance and Personnel Committee, item d: Waiver of
Rule XII - Not reviewed by liaison committee)
PUBLIC SERVICES COMMITTEE
a. Prosecuting Attorney - Acceptance of Stop Violence Against Women
Grant from HAVEN
d. CMH - Mental Health Authority Transition Facilitator
STRATEGIC PLANNING COMMITTEE
c. Department of Information Technology - Purchase Services to Comply
with Year 2000 Requirements
(Reason for suspension of Public Services Committee, items a and d and Strategic
Planning Committee, item c: Waiver of Rule XII.E - Direct referral to Finance
and Personnel Committee)
Moved by Palmer supported by Devine to further amend the agenda, by adding
a resolution under New and Miscellaneous Business, titled DISTRICT COURT -
AMENDMENT OT RESOLUTION #96263, RENOVATION AND LEASE OF THE CITY OF TROY
COMMUNITY CENTER FOR THE 52-4 DISTRICT COURT.
A sufficient majority having voted therefor, Commissioner Palmer=s
amendment carried.
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Vote on suspension:
AYES: Amos, Coleman, Devine, Douglas, Garfield, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Obrecht,
Palmer, Pernick, Schmid, Taub, Wolf. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
A presentation was given on PAM/Oakland County Coalition, by Ellen
Thomerson of the Oakland County Health Department, in observance of March being
Parenting Awareness Month.
The following people addressed the Board: Nancy Barnes, Cherie Sowa and
Charlie Robbins.
MISCELLANEOUS RESOLUTION #97030
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 1996
TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS ad valorem real property taxes are imposed by the County and the
local taxing units within the County on July 1 and/or December 1 of each year;
and
WHEREAS a certain portion of these taxes remain unpaid and uncollected on
March 1 of the year following assessment, at which time they are returned
delinquent to the County's treasurer (the "Treasurer"); and
WHEREAS the Treasurer is bound to collect all delinquent taxes, interest
and property tax administration fees that would otherwise be payable to the local
taxing units within the County; and
WHEREAS the statutes of the State of Michigan authorize the County to
establish a fund, in whole or in part from borrowed proceeds, to pay local taxing
units within the County their respective shares of delinquent ad valorem real
property taxes in anticipation of the collection of those taxes by the Treasurer;
and
WHEREAS the County Board of Commissioners (the "Board") has adopted a
resolution authorizing the County's Delinquent Tax Revolving Fund (the "Revolving
Fund Program"), pursuant to Section 87b of Act No. 206, Michigan Public Acts of
1893, as amended ("Act 206"); and
WHEREAS such fund has been established to provide a source of monies from
which the Treasurer may pay any or all delinquent ad valorem real property taxes
that are due the County, and any city, township, school district, intermediate
school district, community college district, special assessment district,
drainage district, or other political unit within the geographical boundaries of
the County participating in the County's Revolving Fund Program pursuant to
Act 206 ("local units"); and
WHEREAS the Treasurer is authorized under Act 206, and has been directed by
the Board, to make such payments with respect to delinquent ad valorem real
property taxes (including the property tax administration fees assessed under
subsection (6) of Section 44 of Act 206) owed in 1996 to the County and the local
units (collectively, the "taxing units") that will have remained unpaid on
March 1, 1997 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 1997 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.
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GENERAL PROVISIONS
101. Establishment of 1997 Revolving Fund. In order to implement the
continuation of the Revolving Fund Program and in accordance with Act 206, the
County hereby establishes a 1997 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 1997 General
Obligation Limited Tax Notes in one or more series (the "Notes"), in accordance
with this resolution and Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206,
payable in whole or in part from the Delinquent Taxes and/or from the other
sources specified below.
103. Aggregate Amount of Notes.
(a) The Notes shall be issued in an aggregate amount to be
determined by the Treasurer in accordance with this Section.
(b) The aggregate amount of the Notes shall not be less than the
amount by which the actual or estimated Delinquent Taxes exceeds (i) the County's
participating share of Delinquent Taxes, and (ii) any sums otherwise available to
fund the Tax Payment Account established under Section 702 (including any monies
held in respect of Section 704(c)).
(c) The aggregate amount of the Notes shall not be greater than the
sum of (i) the actual amount of the Delinquent Taxes pledged to the payment of
debt service on the Notes, plus (ii) the amount determined by the Treasurer to be
allocated to a reserve fund. Original proceeds of the Notes devoted to a reserve
fund shall not exceed the lesser of (A) the amount reasonably required for those
of the Notes secured by the reserve fund, (B) 10% of the proceeds of such Notes,
(C) the maximum amount of annual debt service on such Notes, or (D) 125% of
average annual debt service on such Notes.
(d) The aggregate amount of the Notes shall be designated by the
Treasurer by written order after (i) the amount of the Delinquent Taxes, or the
amount of Delinquent Taxes to be funded by the issuance of the Notes, has been
estimated or determined, and (ii) the amount of the reasonably required reserve
fund has been calculated. Delinquent Taxes shall be estimated based on
delinquencies experienced during the past three fiscal years and on demographic
and economic data relevant to the current tax year, and shall be determined based
on certification from each of the taxing units. The amount of the reasonably
required reserve fund shall be calculated pursuant to such analyses and
certificates as the Treasurer may request.
104. Proceeds. If the Notes are issued and sold before the Treasurer has
received certification from the taxing units of the amount of the Delinquent
Taxes and if such certification is not reasonably anticipated to occur to allow
distribution of the proceeds of the Notes within 20 days after the date of issue,
the proceeds of the Notes shall be deposited in the County's 1997 Delinquent Tax
Project Account and thereafter used to fund the whole or a part of the County's
1997 Tax Payment Account, 1997 Note Reserve Account and/or 1997 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 1997 Tax Payment Account, 1997 Note Reserve Account
and/or 1997 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
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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 1992, 1993, 1994, 1995 and, if available, 1996, and the corollary schedule
setting forth the anticipated rate of collection of those Delinquent Taxes which
are pledged to the repayment of the Notes. The amount of each maturity and the
scheduled maturity dates of the Notes shall be established to take into account
the dates on which the Treasurer reasonably anticipates the collection of such
Delinquent Taxes and shall allow for no more than a 10% variance between the debt
service payable on each maturity date. The Notes, and the anticipated amount of
pledged monies available on such maturity date to make payment of such debt
service.
(b) Alternatively, the Notes or a series of the Notes may be
structured with a single stated maturity falling not later than the fourth
anniversary of the date of issue. Notes issued under this subsection (b) shall
be subject to redemption on such terms consistent with Section 209 as shall be
ordered by the Treasurer, but in no event shall such Notes be subject to
redemption less frequently than annually.
204. Interest Rate and Date of Record.
(a) Except as otherwise provided in this paragraph, Notes issued
pursuant to subsection (a) of Section 203 shall bear interest payable semi-
annually, with the first interest payment to be payable (i) on the first date,
after issuance, corresponding to the day and month on which the maturity of such
Notes falls, or (ii) if the Treasurer so orders, six months before such date. In
the event (i) any maturity of the Notes arises either less than six months before
the succeeding maturity date or less than six months after the preceding maturity
date and (ii) the Treasurer so orders in writing, interest on the Notes shall be
payable on such succeeding or preceding maturity date. Subject to the following
sentence, Notes issued pursuant to subsection (b) of Section 203 shall, pursuant
to written order of the Treasurer, bear interest monthly, quarterly, or
semiannually, as provided by written order of the Treasurer. If Notes issued
under this Article II are sold with a variable rate feature as provided in
Article IV, such Notes may, pursuant to written order of the Treasurer, bear
interest weekly, monthly, quarterly or on any put date, or any combination of the
foregoing, as provided by written order of the Treasurer.
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the registered
owner of each Note as of the applicable date of record, provided, however, that
the Treasurer may agree with the Registrar (as defined below) on a different
method of payment.
(d) Subject to Section 403 in the case of variable rate Notes, the
date of record shall be not fewer than 14 nor more than 31 days before the date
of payment, as designated by the Treasurer prior to the sale of the Notes.
205. Note Form. The form of Note shall be consistent with the
prescriptions of this resolution and shall reflect all material terms of the
Notes. Unless the Treasurer shall by written order specify the contrary, the
Notes shall be issued in fully registered form both as to principal and interest,
registrable upon the books of a note registrar (the "Registrar") to be named by
the Treasurer. If the Notes are issued in bearer form the Treasurer shall
appoint a paying agent (the "Paying Agent"). (The Registrar or Paying Agent so
named may be any bank or trust company or other entity, including the County,
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offering the necessary services pertaining to the registration and transfer of
negotiable securities.)
206. Denominations and Numbers. The Notes shall be issued in one or more
denomination or denominations of $1,000 each or any integral multiple of $1,000
in excess of $1,000, as determined by the Treasurer. Notwithstanding the
foregoing, however, in the event the Notes are deposited under a book entry
depository trust arrangement pursuant to Section 208, the Notes shall, if
required by the depository trustee, be issued in denominations of $5,000 each or
any integral multiple of $5,000. The Notes shall be numbered from one upwards,
regardless of maturity, in such order as the Registrar shall determine.
207. Transfer or Exchange of Notes.
(a) Notes issued in registered form shall be transferrable on a
note register maintained with respect to the Notes upon surrender of the
transferred Note, together with an assignment executed by the registered owner or
his or her duly authorized attorney-in-fact in form satisfactory to the
Registrar. Upon receipt of a properly assigned Note, the Registrar shall
authenticate and deliver a new Note or Notes in equal aggregate principal amount
and like interest rate and maturity to the designated transferee or transferees.
(b) Notes may likewise be exchanged for one or more other Notes
with the same interest rate and maturity in authorized denominations aggregating
the same principal amount as the Note or Notes being exchanged, upon surrender of
the Note or Notes and the submission of written instructions to the Registrar or,
in the case of bearer Notes, to the Paying Agent. Upon receipt of a Note with
proper written instructions the Registrar or Paying Agent shall authenticate and
deliver a new Note or Notes to the owner thereof or to owner's attorney-in-fact.
(c) Any service charge made by the Registrar or Paying Agent for
any such registration, transfer or exchange shall be paid for by the County as an
expense of borrowing, unless otherwise agreed by the Treasurer and the Registrar
or Paying Agent. The Registrar or Paying Agent may, however, require payment by
a noteholder of a sum sufficient to cover any tax or other governmental charge
payable in connection with any such registration, transfer or exchange.
208. Book Entry Depository Trust. At the option of the Treasurer, and
notwithstanding any contrary provision of Section 212, the Notes may be
deposited, in whole or in part, with a depository trustee designated by the
Treasurer who shall transfer ownership of interests in the Notes by book entry
and who shall issue depository trust receipts or acknowledgments to owners of
interests in the Notes. Such book entry depository trust arrangement, and the
form of depository trust receipts or acknowledgments, shall be as determined by
the Treasurer after consultation with the depository trustee. The Treasurer is
authorized to enter into any depository trust agreement on behalf of the County
upon such terms and conditions as the Treasurer shall deem appropriate and not
otherwise prohibited by the terms of this resolution. The depository trustee may
be the same as the Registrar otherwise named by the Treasurer, and the Notes may
be transferred in part by depository trust and in part by transfer of physical
certificates as the Treasurer may determine.
209. Redemption.
(a) Subject to the authority granted the Treasurer pursuant to
subsection (c) of this Section (in the case of fixed rate Notes) and to the
authority granted the Treasurer pursuant to Section 404 (in the case of variable
rate Notes), the Notes or any maturity or maturities of the Notes shall be
subject to redemption prior to maturity on the terms set forth in subsection (b)
below.
(b) Notes scheduled to mature after the first date on which any
Notes of the series are scheduled to mature shall be subject to redemption, in
inverse order of maturity, on each interest payment date arising after the date
of issue.
(c) If the Treasurer shall determine such action necessary to
enhance the marketability of the Notes or to reduce the interest rate to be
offered by perspective purchasers on any maturity of the Notes, the Treasurer
may, by written order prior to the issuance of such Notes, (i) designate some or
all of the Notes as non-callable, regardless of their maturity date, and/or (ii)
delay the first date on which the redemption of callable Notes would otherwise be
authorized under subsection (b) above.
(d) Notes of any maturity subject to redemption may be redeemed
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before their scheduled maturity date, in whole or in part, on any permitted
redemption date or dates, subject to the written order of the Treasurer. Notes
called for redemption shall be redeemed at par, plus accrued interest to the
redemption date, plus, if the Treasurer so orders, a premium of not more than 1%.
Redemption may be made by lot or pro rata, as shall be determined by the
Treasurer.
(e) With respect to partial redemptions, any portion of a Note
outstanding in a denomination larger than the minimum authorized denomination may
be redeemed, provided such portion as well as the amount not being redeemed
constitute authorized denominations. In the event less than the entire principal
amount of a Note is called for redemption, the Registrar or Paying Agent shall,
upon surrender of the Note by the owner thereof, authenticate and deliver to the
owner a new Note in the principal amount of the principal portion not redeemed.
(f) Notice of redemption shall be by first class mail 30 days prior
to the date fixed for redemption, or such shorter time prior to the date fixed
for redemption as may be consented to by the holders of all outstanding Notes to
be called for redemption. Such notice shall fix the date of record with respect
to the redemption if different than otherwise provided in this resolution. Any
defect in any notice shall not affect the validity of the redemption proceedings.
Notes so called for redemption shall not bear interest after the date fixed for
redemption, provided funds are on hand with a paying agent to redeem the same.
210. Discount. At the option of the Treasurer, the Notes may be offered
for sale at a discount not to exceed 2%.
211. Public or Private Sale. The Treasurer may, at the Treasurer's
option, conduct a public sale of the Notes after which sale the Treasurer shall
either award the Notes to the lowest bidder or reject all bids. The conditions
of sale shall be as specified in a published Notice of Sale prepared by the
Treasurer announcing the principal terms of the Notes and the offering.
Alternatively, the Treasurer may, at the Treasurer's option, negotiate a private
sale of the Notes as provided in Act 206. If required by law, or if otherwise
determined by the Treasurer to be in the best interest of the County, (a) the
Notes shall be rated by a national rating agency selected by the Treasurer, (b) a
good faith deposit shall be required of the winning bidder, and/or (c) CUSIP
numbers shall be assigned to the Notes. If a public sale is conducted or if
otherwise required by law or the purchaser of the Notes, the Treasurer shall
prepare or cause to be prepared and disseminated an offering memorandum or
official statement containing all material terms of the offer and sale of the
Notes. Pursuant to any sale of the Notes, the County shall make such filings,
shall solicit such information and shall obtain such governmental approvals as
shall be required pursuant to any state or federal law respecting back-up income
tax withholding, securities regulation, original issue discount or other
regulated matter.
212. Execution and Delivery. The Treasurer is authorized and directed to
execute the Notes on behalf of the County by manual or facsimile signature,
provided that if the facsimile signature is used the Notes shall be authenticated
by the Registrar or any tender agent as may be appointed pursuant to Section
801(c). The Notes shall be sealed with the County seal or imprinted with a
facsimile of such seal. The Treasurer is authorized and directed to then deliver
the Notes to the purchaser thereof upon receipt of the purchase price. The Notes
shall be delivered at the expense of the County in such city or cities as may be
designated by the Treasurer.
213. Renewal, Refunding or Advance Refunding Notes. If at any time it
appears to be in the best interests of the County, the Treasurer, by written
order, may authorize the issuance of renewal, refunding or advance refunding
Notes. The terms of such Notes, and the procedures incidental to their issuance,
shall be set subject to Section 309 and, in appropriate cases, Article X.
III.
SHORT TERM RENEWABLE NOTES
301. Authority. At the option of the Treasurer, exercisable by written
order, Notes may be issued in accordance with this Article III. All references
to "Notes" in Article III refer only to Notes issued pursuant to Article III,
unless otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of
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issuance or any prior date selected by the Treasurer, and each issuance thereof
shall mature on such date or dates not exceeding one year from the date of their
issuance as may be specified by written order of the Treasurer.
303. Interest and Date of Record. The Notes shall bear interest payable
at maturity at such rate or rates as may be determined by the Treasurer not
exceeding the maximum rate of interest permitted by law on the date the Notes are
issued. The date of record shall be not fewer than two nor more than 31 days
before the date of payment, as designated by the Treasurer prior to the sale of
the Notes.
304. Note Form. The form of Note shall be consistent with the
prescriptions of this resolution and shall reflect all material terms of the
Notes. The Notes shall, in the discretion of the Treasurer and consistent with
Section 205, either be payable to bearer or be issued in registered form. If
issued in registered form, the Notes may be constituted as book-entry securities
consistent with Section 208, notwithstanding any contrary provision of
Section 308.
305. Denomination and Numbers. The Notes shall be issued in one or more
denomination or denominations, as determined by the Treasurer. The Notes shall
be numbered from one upwards in such order as the Treasurer determines.
306. Redemption. The Notes shall not be subject to redemption prior to
maturity.
307. Sale of Notes. The authority and obligations of the Treasurer set
forth in Sections 210 and 211 respecting Fixed Maturity Notes shall apply also to
Notes issued under Article III.
308. Execution and Delivery. The authority and obligations of the
Treasurer set forth in Section 212 respecting Fixed Maturity Notes shall also
apply to Notes issued under Article III.
309. Renewal or Refunding Notes.
(a) The Treasurer may by written order authorize the issuance of
renewal or refunding Notes (collectively the "Renewal Notes"). Renewal Notes
shall be sold on the maturity date of, and the proceeds of the Renewal Notes
shall be applied to the payment of debt service on, Notes to be renewed. The
maturities and repayment terms of the Renewal Notes shall be set by written order
of the Treasurer.
(b) In the order authorizing Renewal Notes, the Treasurer shall
specify whether the Notes shall be issued in accordance with this Article III, in
which event the provisions of Article III shall govern the issuance of the Notes,
or whether the Notes shall be issued in accordance with Article II, in which
event the provisions of Article II shall govern the issuance of the Notes. The
order shall also provide for and shall also govern with respect to:
(i) the aggregate amount of the Renewal Notes;
(ii) the date of the Renewal Notes;
(iii) the denominations of the Renewal Notes;
(iv) the interest payment dates of the Renewal Notes;
(v) the maturity or maturities of the Renewal Notes;
(vi) the terms of sale of the Renewal Notes;
(vii) whether any Renewal Notes issued in accordance with
Article II shall be subject to redemption and, if so,
the terms thereof; and
(viii) any other terms of the Renewal Notes consistent with,
but not specified in, Article II or Article III.
(c) Regardless of whether Renewal Notes need be approved by prior
order of the Department of Treasury, the Treasurer, pursuant to Section 89(5)(d)
of Act 206, shall promptly report to the Department of Treasury the issuance of
any Renewal Notes.
IV.
VARIABLE INTEREST RATE
401. Variable Rate Option. At the option of the Treasurer, exercisable by
written order, the Notes, whether issued pursuant to Article II or Article III,
may be issued with a variable interest rate, provided that the rate shall not
exceed the maximum rate of interest permitted by law.
402. Determination of Rate. The order of the Treasurer shall provide how
often the variable interest rate shall be subject to recalculation, the formula
or procedure for determining the variable interest rate, whether and on what
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terms the rate shall be determined by a remarketing agent in the case of demand
obligations consistent with Section 801(d), and whether and on what terms a fixed
rate of interest may be converted to or from a variable rate of interest. Such
formula or procedure shall be as determined by the Treasurer, but shall track or
float within a specified percentage band around the rates generated by any one or
more of the following indices:
(i) Publicly reported prices or yields of obligations of the United
States of America;
(ii) An index of municipal obligations periodically reported by a
nationally recognized source;
(iii) The prime lending rate from time to time set by any bank or
trust company in the United States with unimpaired capital and surplus exceeding
$40,000,000;
(iv) Any other rate or index that may be designated by order of the
Treasurer provided such rate or index is set or reported by a source which is
independent of and not controlled by the Treasurer or the County.
The procedure for determining the variable rate may involve one or more of
the above indices as alternatives or may involve the setting of the rate by a
municipal bond specialist provided such rate shall be within a stated percentage
range of one or more of the indices set forth above.
403. Date of Record. The Date of Record shall be not fewer than one nor
more than 31 days before the date of payment, as designated by written order of
the Treasurer.
404. Redemption. Notwithstanding any contrary provision of subsections
(b) and (c) of Section 209, but subject to the last sentence of this Section 404,
Notes bearing interest at a variable rate may be subject to redemption by the
County and/or put by the holder at any time or times and in any order, as may be
determined pursuant to written order of the Treasurer. Notes shall not be
subject to redemption more frequently than monthly.
405. Remarketing, Repurchase and Resale.
(a) In the event Notes issued under this Article IV are constituted
as demand obligations, the interest rate on the Notes shall be governed by, and
shall be subject to, remarketing by a remarketing agent appointed in accordance
with Section 801(c), under the terms of a put agreement employed in accordance
with Section 801(d).
(b) The County shall be authorized, consistent with Act 206 and
pursuant to order of the Treasurer, to participate in the repurchase and resale
of Notes in order to reduce the cost of, or increase the revenue, attendant to
the establishment of the Revolving Fund and the issuance and discharge of the
Notes. Any purchase of Notes pursuant to this subsection (b) shall be made with
unpledged monies drawn from revolving funds established by the County in
connection with retired general obligation limited tax notes.
V.
MULTIPLE SERIES
501. Issuance of Multiple Series. At the option of the Treasurer,
exercisable by written order, the Notes issued under Article II, Article III or
Article X may be issued in two or more individually designated series. Each
series shall bear its own rate of interest, which may be fixed or variable in
accordance with Article IV. Various series need not be issued at the same time
and may be issued from time to time in the discretion of the Treasurer
exercisable by written order. In determining the dates of issuance of the
respective series, the Treasurer shall consider, among other pertinent factors,
the impact the dates selected may have on the marketability, rating and/or
qualification for credit support or liquidity support for, or insurance of, the
Notes. The Notes of each such series shall be issued according to this
resolution in all respects (and the term "Notes" shall be deemed to include each
series of Notes throughout this resolution), provided that:
(a) The aggregate principal amount of the Notes of all series shall
not exceed the maximum aggregate amount permitted under Section 103;
(b) Each series shall be issued pursuant to Article II or
Article III, and different series may be issued pursuant to different Articles;
(c) Each series shall be issued pursuant to Section 502 or
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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 1997 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 1997 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 1997 Note Payment Account allocated to each sub-account
may be set equal to the percentage that Notes issued in the corresponding series
bears to all Notes issued under this resolution or to any other percentage
designated by the Treasurer pursuant to written order; provided that if the
various series are issued at different times or if the various series are
structured with different maturity dates, (I) sums deposited in the Note Payment
Account prior to the issuance of one or more series may upon the issuance of each
such series be reallocated among the various sub-accounts established under
Subsection (b) above to achieve a balance among the sub-accounts proportionate to
the designated percentage allocation, and/or (II) deposits to the Note Payment
Account may be allocated among the sub-accounts according to the total amount of
debt service that will actually be paid from the respective sub-accounts.
(ii) Alternatively, the Treasurer may, by written order, rank the
sub-accounts established under Subsection (b) above in order of priority, and
specify that each such sub-account shall receive deposits only after all sub-
accounts having a higher priority have received deposits sufficient to discharge
all (or any specified percentage of) Notes whose series corresponds to any of the
sub-accounts having priority.
(d) In the absence of a written order of the Treasurer to the
contrary, the amounts in each sub-account established pursuant to this
Section 502 shall secure only the Notes issued in the series for which such sub-
account was established, until such Notes and interest on such Notes are paid in
full, after which the amounts in such sub-account may, pursuant to written order
of the Treasurer, be added pro rata to the amounts in the other sub-accounts and
thereafter used as part of such other sub-accounts to secure all Notes and
interest on such Notes for which such other sub-accounts were created, until paid
in full. Alternatively, amounts held in two or more sub-accounts within either
the Note Reserve Account or the Note Payment Account may be commingled, and if
commingled shall be held pari passu for the benefit of the holders of each series
of Notes pertaining to the relevant sub-accounts.
503. Series Independently Secured. If the Notes are issued in multiple
series pursuant to this Article V, each series of Notes may, by written order of
the Treasurer, be independently secured in accordance with this Section 503.
(a) Each series of Notes shall pertain to one or more taxing units,
as designated by the Treasurer pursuant to written order, and no two series of
Notes shall pertain to the same taxing unit. A school district, intermediate
school district, or community college district extending beyond the boundaries of
a city in which it is located may, pursuant to written order of the Treasurer, be
subdivided along the boundaries of one or more cities and each such subdivision
Commissioners Minutes Continued. March 6, 1997
47
shall be deemed a taxing unit for purposes of this Section 503.
(b) Separate sub-accounts shall be established in the County's 1997
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
1997 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
1997 Note Payment Account for each series of Notes. Each sub-account shall be
allocated only those amounts described in Section 704 which pertain to the taxing
units included in the series corresponding to the sub-account. Chargebacks
received from a taxing unit pursuant to Section 905 shall be deposited in the
sub-account corresponding to the series in which the taxing unit is included.
Amounts held in each sub-account shall secure the debt represented by only those
Notes included in the series corresponding to the sub-account, and disbursements
from each sub-account may be applied toward the payment of only those Notes
included in the series corresponding to the sub-account.
(f) The amounts in each sub-account established pursuant to this
Section 503 shall secure only the Notes issued in the series for which such sub-
account was established until such Notes and interest on such Notes are paid in
full, after which any amounts remaining in such sub-account shall accrue to the
County and shall no longer be pledged toward payment of the Notes.
VI.
TAXABILITY OF INTEREST
601. Federal Tax. The County acknowledges that the current state of
Federal law mandates that the Notes be structured as taxable obligations.
Consequently, the Notes shall, subject to Article X, be issued as obligations the
interest on which is not excluded from gross income for purposes of Federal
income tax.
602. State of Michigan Tax. Consistent with the treatment accorded all
obligations issued pursuant to Act 206, interest on the Notes shall be exempt
from the imposition of the State of Michigan income tax and the State of Michigan
single business tax, and the Notes shall not be subject to the State of Michigan
intangibles tax.
603. Change in Federal Tax Status. In the event there is a change in the
Federal tax law or regulations, a ruling by the U.S. Department of Treasury or
Internal Revenue Service establishes that the Notes may be issued as exempt from
Federal income taxes or a change in Michigan law causes the Notes in the opinion
of counsel to be exempt from Federal income taxes, the Notes may be so issued.
VII.
FUNDS AND SECURITY
701. Delinquent Tax Project Account. If the Notes are issued and sold
before the Treasurer has received certification from the taxing units of the
amount of the Delinquent Taxes and if such certification is not reasonably
anticipated in time to allow distribution of the proceeds of the Notes within 20
days after the date of issue, a 1997 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
Commissioners Minutes Continued. March 6, 1997
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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 1997 Note Reserve Account created under Section 703 or the 1997
Note Payment Account created under Section 704. Monies in the Project Account
may be disbursed by the escrow agent to the County's 1997 Tax Payment Account at
any time and from time to time, upon receipt of a written requisition signed by
the Treasurer.
702. 1997 Tax Payment Account. The County's 1997 Tax Payment Account (the
"Tax Payment Account") is hereby established as a distinct account within the
Revolving Fund. The Treasurer shall designate all or a portion of the proceeds
of the Notes, not to exceed the amount of Delinquent Taxes, for deposit in the
Tax Payment Account. If, however, the proceeds of the Notes are initially
deposited in the Project Account pursuant to Section 701, the Treasurer is
instead authorized and directed to transfer monies included in the Project
Account in accordance with the procedures set forth in Section 701. The County
shall apply the monies in the Tax Payment Account to the payment of the
Delinquent Taxes or expenses of the borrowing in accordance with Act 206. The
allocation of monies from the Tax Payment Account may be made pursuant to a
single, comprehensive disbursement or may instead be made from time to time,
within the time constraints of Act 206, to particular taxing units as monies are
paid into the Tax Payment Account, such that the source of the monies (whether
from the County's own funds, from the proceeds of a tax exempt borrowing or from
the proceeds of a taxable borrowing) may be traced to the particular taxing unit
receiving the funds. Moreover, and regardless of whether multiple series of
Notes are issued, the Tax Payment Account may be divided into separate sub-
accounts in order to allow the Treasurer to designate which taxing units shall
receive borrowed funds and which shall receive funds otherwise contributed by the
County.
703. 1997 Note Reserve Account. In the event funding is provided as
described in this Section 703, the Treasurer shall establish a 1997 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 1997 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. 1997 Note Payment Account.
(a) The County's 1997 Note Payment Account is hereby established as
a distinct account within the Revolving Fund. (The County's 1997 Note Payment
Account, as supplemented by monies held in any interim account that are
designated for transfer to the 1997 Note Payment Account, is herein referred to
as the "Note Payment Account".) The Treasurer is directed to deposit into the
Commissioners Minutes Continued. March 6, 1997
49
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, 1997, and only
those sums payable to the Note Payment Account and received by the County after
the cut-off date shall be applied to the Note Payment Account.
(d) The Treasurer may by written order provide that at such time as
sufficient funds shall have been deposited into the Note Payment Account to pay
all remaining amounts owed under the Notes the pledge on any additional monies
otherwise payable to the Note Payment Account shall be discharged and such monies
shall not be deposited into the Note Payment Account or otherwise pledged toward
payment of the Notes.
(e) The Treasurer may by written order provide that in the event
Notes are issued pursuant to Article III, amounts that would otherwise be
included in the Note Payment Account or the Note Reserve Account (or any sub-
account therein for a particular series of Notes) shall not include any amounts
received by the County prior to the latest maturity date of any series of Notes
previously issued under Article II and/or Article III.
705. Limited Tax General Obligation and Pledge.
(a) The Notes shall be the general obligation of the County, backed
by the County's full faith and credit, the County's tax obligation (within
applicable constitutional and statutory limits) and the County's general funds.
The County budget shall provide that if the pledged monies are not collected in
sufficient amounts to meet the payments of the principal and interest due on the
Notes, the County, before paying any other budgeted amounts, shall promptly
advance from its general funds sufficient monies to pay such principal and
interest.
(b) In addition, the monies listed below are pledged to the
repayment of the Notes and, subject to Section 901, shall be used solely for
repayment of the Notes until the principal of, premium (if any) and interest on
the Notes are paid in full:
(i) All amounts deposited or earned in any Project Account,
until disbursed in accordance with Section 701;
(ii) All net proceeds from the sale of the Notes deposited or
earned in the Tax Payment Account, until disbursed in accordance with
Section 702;
Commissioners Minutes Continued. March 6, 1997
50
(iii) All amounts deposited in the Note Payment Account
pursuant to Section 704(a);
(iv) All amounts deposited in the Note Reserve Account;
(v) All amounts earned from the investment of monies held in
the Note Payment Account or the Note Reserve Account; and
(vi) Any supplemental monies placed in the Note Payment
Account and drawn in the discretion of the Treasurer from unpledged sums on the
revolving funds, which pledge shall be subject to such limitations or exceptions
as shall be set forth in the written order of the Treasurer.
(c) If the Notes shall be issued in various series pursuant to
Article V, this pledge shall in the case of any independently secured series
extend only to monies in accounts or sub-accounts pertaining to the particular
series.
(d) If the amounts so pledged are not sufficient to pay the
principal and interest when due, the County shall pay the same from its general
funds or other available sources. Pursuant to written order of the Treasurer,
the County may later reimburse itself for such payments from the Delinquent Taxes
collected.
706. Security for Renewal, Refunding or Advance Refunding Notes. Renewal,
refunding, or advance refunding Notes shall be secured by all or any portion of
the same security securing the Notes being renewed, refunded or advance refunded.
The monies pledged in Section 705 for the repayment of the Notes are also
pledged for the repayment of the principal of, premium, if any, and interest on
any renewal, refunding, or advance refunding Notes issued pursuant to this
Resolution, and any such renewal, refunding, or advance refunding Notes shall be
the general obligation of the County, backed by its full faith and credit, which
shall include the tax obligation of the County, within applicable constitutional
and statutory limits.
707. Use of Funds after Full Payment or Provisions for Payment. After all
principal of, premium, if any, and interest on the Notes have been paid in full
or provision therefor by investments of pledged amounts in direct noncallable
obligations of the United States of America in amounts and with maturities
sufficient to pay all such principal, premium, if any, and interest when due, any
further collection of Delinquent Taxes and all excess monies in any fund or
account of the Revolving Fund, and any interest or income on any such amounts,
may, pursuant to written order of the Treasurer and subject to Article V, be used
for any proper purpose within the Revolving Fund including the securing of
subsequent issues of notes.
VIII.
SUPPLEMENTAL AGREEMENTS
801. Supplemental Agreements and Documents. The Treasurer, on behalf of
the County, is authorized to enter into any or all of the following agreements or
commitments as may, in the Treasurer's discretion, be necessary, desirable or
beneficial in connection with the issuance of the Notes, upon such terms and
conditions as the Treasurer may determine appropriate:
(a) A letter of credit, line of credit, repurchase agreement, note
insurance, or similar instrument, providing backup liquidity and/or credit
support for the Notes;
(b) A reimbursement agreement, revolving credit agreement, revolving
credit note, or similar instrument, setting forth repayments of and security for
amounts drawn under the letter of credit, line of credit, repurchase agreement or
similar instrument;
(c) A marketing, remarketing, placement, authenticating, paying or
tender agent agreement or dealer agreement designating a marketing, remarketing,
authenticating, paying, tender or placement agent or dealer and prescribing the
duties of such person or persons with respect to the Notes; and
(d) A put agreement or provision allowing the purchaser of the Notes
to require the County to repurchase the Notes upon demand at such times as may be
provided in such put agreement or provision.
(e) An agreement to use amounts formerly pledged to other years
borrowings as security for the Notes when no longer so pledged.
802. Revolving Credit Notes. If the Treasurer enters into a revolving
credit agreement (the "Agreement") pursuant to Section 801 above, the Agreement
may call for the issuance of one or more revolving credit notes (the "Revolving
Commissioners Minutes Continued. March 6, 1997
51
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.
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 1997 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
Commissioners Minutes Continued. March 6, 1997
52
pursuant to this resolution.
908. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is
mutilated, lost, stolen, or destroyed, the Treasurer may, on behalf of the
County, execute and deliver, or order the Registrar or Paying Agent to
authenticate and deliver, a new Note having a number not then outstanding, of
like date, maturity and denomination as that mutilated, lost, stolen or
destroyed. In the case of a mutilated Note, a replacement Note shall not be
delivered unless and until such mutilated Note is surrendered to the Treasurer or
the Registrar or Paying Agent. In the case of a lost, stolen, or destroyed Note,
a replacement Note shall not be delivered unless and until the Treasurer and the
Registrar or Paying Agent shall have received such proof of ownership and loss
and indemnity as they determine to be sufficient.
ARTICLE X.
TAX-EXEMPT NOTES OR REFUNDING
1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The
County acknowledges that the current state of Federal law precludes the issuance
of the Notes as obligations the interest on which is exempt from Federal income
tax. However, the County presently contemplates that anticipated amendments to
the Internal Revenue Code of 1986 (the "Code") and/or the Treasury Regulations
issued thereunder (the "Regulations") or a change in Michigan law changing the
character of the Notes may in the future permit the issuance of general
obligation limited tax notes on a tax-exempt basis, and, in view of this
expectation, the County, through the offices of the Treasurer, shall issue tax-
exempt notes or issue obligations to refund any or all outstanding Notes issued
as taxable obligations, at the time, on the terms, and to the extent set forth in
this Article X.
1002. Timing of Refunding. The aforementioned refunding obligations (the
"Refunding Notes") shall be issued after the effective date of any change in the
Code, Regulations, Internal Revenue Service pronouncements or judicial rulings
which, as confirmed by the written opinion of bond counsel, permit the refunding
of all or some of the outstanding Notes with proceeds from obligations the
interest on which is excluded from gross income for purposes of Federal income
tax.
1003. Extent of Refunding. Subject to the other provisions of this
Section 1003, the Refunding Notes shall refund all Notes outstanding at or after
the effective date of any change in the law described in Section 1002. This
Section 1003 shall not, however, be construed to require the refunding of any
Note prior to the time such Note may be refunded on a tax-exempt basis, nor shall
this Section 1003 be construed to require the refunding of any Note, if that
refunding would result in greater cost to the County (including interest expense,
professional fees and administrative outlays) than would arise if the Note were
to remain outstanding.
1004. Confirmatory Action. Subsequent to any change in the law described
in Section 1002, the Board shall convene to consider any terms of the Refunding
Bonds requiring specific ratification by the Board.
1005. Arbitrage Covenant and Tax Law Compliance. In the event tax-exempt
Notes or Refunding Notes are issued pursuant to this Article X, the following
covenants shall be observed by the County:
(i) the County will make no use of the proceeds of the Notes
or Refunding Notes and will undertake no other intentional act with respect to
the Notes or Refunding Notes which, if such use or act had been reasonably
expected on the date of issuance of the Notes or Refunding Notes or if such use
or act were intentionally made or undertaken after the date of issuance of the
Notes or Refunding Notes, would cause the Notes or Refunding Notes to be
"arbitrage bonds," as defined in Section 148 of the Internal Revenue Code of
1986, as amended (the "Code"), in the Regulations promulgated under Sections 103
and 148 of the Code or in any successor or supplementary provision of law
hereinafter promulgated,
(ii) the County will undertake all actions as shall be
necessary to maintain the Notes or Refunding Notes as obligations the interest on
which qualifies for the tax exemption provided by Section 103(a) of the Code,
including, where appropriate and without limitation, filing informational returns
with the Secretary of Treasury, keeping accurate account of all monies earned in
any fund, account or sub-account authorized by this resolution or any resolution
Commissioners Minutes Continued. March 6, 1997
53
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 Obrecht the resolution be adopted.
AYES: Coleman, Devine, Douglas, Garfield, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97031
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT
1996 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 Coleman the resolution be adopted.
AYES: Devine, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht,
Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97032
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ENHANCEMENT FOR THE 1995 LIVESCAN FINGERPRINT
Commissioners Minutes Continued. March 6, 1997
54
GRANT FOR GRANT PERIOD FISCAL YEAR 1997
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #95098, the Sheriff Department
applied to the Michigan Office of Drug Control Policy to receive, in conjunction
with the Cities of Farmington Hills, Royal Oak, Ferndale and Pontiac, $230,701 in
grant funding for the period Fiscal Year 1997, to expand the integrated
fingerprint/booking system of the original grant; and
WHEREAS the application included matches from Oakland County equaling
$36,801, City of Farmington Hills equaling $25,863, City of Royal Oak equaling
$25,863, City of Ferndale equaling $25,863, and City of Pontiac equaling $19,363;
total program equaled $230,701; and
WHEREAS the Michigan Office of Drug Control Policy has awarded Oakland
County this enhancement to the Livescan Grant in the same amount and time period
of the application; and
WHEREAS grant funds, as detailed on the attached schedule, will be used to
purchase required hardware and software, no additional County personnel are
required; and
WHEREAS funding is available in the Sheriff's Department Grant Match line-
item to cover the required match, no additional appropriation is required; and
WHEREAS the total grant award is a (2.32%) variance from the original grant
and the Oakland County match is a 12.74% variance from the original grant; and
WHEREAS acceptance of this grant does not obligate the County to any future
commitment; and
WHEREAS the grant agreement is subject to the County Executive=s Contract
Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the Enhancement to the 1995 Livescan Fingerprint Grant for grant period
Fiscal Year 1997 in the amount of $230,701 with a County match of $36,799
($2 variance due to rounding on application) and a participating jurisdiction
match of $96,952.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to
sign the grant agreement and to approve grant modifications and extensions,
within fifteen (15) percent of the original award, consistent with the grant
agreement approved.
BE IT FURTHER RESOLVED that the future level of service is contingent upon
continued grant funding for this program.
BE IT FURTHER RESOLVED that the 1997 Grant Revenue and Expenditure Budget
be amended to reflect the 1997 award as specified below, to recognize the grant
acceptance:
Revenue
3-27XXX-439-30-00-2185 Grant Revenue $230,701
Expenditures
4-27XXX-439-30-00-6360 Information Technology $230,701
-0-
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Copy of schedules on file in the County Clerk=s office.
Moved by Douglas supported by McPherson the resolution be adopted.
AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97033
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: COUNTY EXECUTIVE/ART, FILM AND CULTURE - MICHIGAN COUNCIL FOR ARTS AND
Commissioners Minutes Continued. March 6, 1997
55
CULTURAL AFFAIRS 1996/1997 REGRANTING PROGRAM ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded
$31,100 for the Michigan Council of the Arts and Cultural Affairs Regranting
Program; and
WHEREAS the grant covers the period of October 1, 1996 through
September 30, 1997; and
WHEREAS $26,000 is for redistribution to artists and the balance, $5,100 is
for administration costs incurred by the County; and
WHEREAS the 1997 Recommended Budget includes a budget of $31,100, therefore
no amendment is necessary; and
WHEREAS no additional personnel is required; and
WHEREAS acceptance of this grant does not obligate the County to any future
commitment; and
WHEREAS the grant contract has been approved by the County Executive's
Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the 1996/1997 Michigan Council of the Arts and Cultural Affairs
Regranting Program in the amount of $31,100.
BE IT FURTHER RESOLVED the Chairperson of the Board of Commissioners is
authorized to execute the grant agreement and to approve minor changes and
contract extensions not to exceed fifteen (15) percent variance from the original
award, which is consistent with the contract as approved.
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 Taub the resolution be adopted.
AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick,
Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97034
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - NON-COMMUNITY WATER
SUPPLY, LONG-TERM DRINKING WATER MONITORING, RADON ACTIVITIES REIMBURSEMENT
AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the Oakland County Health Division has applied for and received
approval from the Michigan Department of Environmental Quality (MDEQ), for
reimbursement of funds related to services for Non-Community Water Supply, Long-
Term Drinking Water Monitoring, and Radon Activities Programs; and
WHEREAS these are on-going programs within the Health Division, but were
covered under the Comprehensive, Planning, Budgeting, and Contracting Grant
Agreement funded by the Michigan Department of Community Health (MDCH) prior to
April 1, 1996. After which these programs were placed under the newly formed
Michigan Department of Environmental Quality (MDEQ) subsequent to the State=s
reorganization; and
WHEREAS the 1995/1996 Comprehensive, Planning, Budgeting, and Contracting
Grant Award included funding for Non-Community Water Supply/Long-Term Drinking
Water Monitoring in the amount of $139,661 and $3,000 for Radon Activities; and
WHEREAS the Michigan Department of Environmental Quality (MDEQ) has awarded
funds to the Oakland County Health Division in the amount of $127,836 for Non-
Community Water Supply/Long-Term Drinking Water Monitoring and $5,200 for Radon
Activities for the period October 1, 1996 through September 30, 1997; and
WHEREAS no budget amendment is required as this is a reimbursement
agreement. Anticipated revenues and expenses are reflected in the Health
Division=s Fiscal Year 1997 Adopted Budget; and
Commissioners Minutes Continued. March 6, 1997
56
WHEREAS one (1) Public Health Sanitarian (pos. #16220-07258) and one (1)
Senior Public Health Sanitarian (pos. #16220-07361) are assigned to the Non-
Community Water Supply Program and are solely funded by reimbursable activities
related to this program only; and
WHEREAS no personnel changes have been requested for these programs; and
WHEREAS acceptance of this reimbursement agreement does not obligate the
County to any future commitment; and
WHEREAS this agreement has been approved by the County Executive=s Contract
Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the reimbursement agreement for Non-Community Water Supply/Long-Term
Drinking Water Monitoring in the amount of $127,836 and Radon Activities in the
amount of $5,200, for the period of October 1, 1996 through September 30, 1997.
BE IT FURTHER RESOLVED that personnel and/or services associated with this
agreement be contingent upon continued State funding at a level sufficient to
maintain the programs and positions.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute
the reimbursement agreement and approve changes and extensions not to exceed
fifteen percent (15%), which is consistent with the agreement as originally
approved.
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 Holbert the resolution be adopted.
Moved by Taub supported by Palmer the resolution be amended to add a BE IT
FURTHER RESOLVED paragraph after the NOW THEREFORE BE IT RESOLVED paragraph to
read as follows:
BE IT FURTHER RESOLVED that County inspection policies and
reimbursement agreements in correlation with State of Michigan rules,
regulations and policies regarding non-community water supply/long-term
drinking water monitoring be reviewed and approved by the Board of
Commissioners.
Commissioner McPherson requested input from Dr. Gordon on the subject
matter of this resolution. In the absence of Dr. Gordon, Doug Williams addressed
the Board.
Vote on amendment:
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid,
Taub, Wolf, Amos, Coleman, Devine, Douglas, Garfield. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #97035
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR
1996
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Study Group Reports, approved by the
Board of Commissioners for Grades 1 - 21, provide a review and appeal process for
departments and employees wishing to challenge the salary grade placement of
classifications; and
WHEREAS the Fourth Quarterly Report for 1996 was submitted to the Finance
and Personnel Committee identifying the reviews requested and the salary grade
changes recommended by the Personnel Department after completion of this review
Commissioners Minutes Continued. March 6, 1997
57
process; and
WHEREAS the Finance and Personnel Committee has reviewed and approved this
report; and
WHEREAS the annual cost of the recommended salary grade placement changes
for Governmental positions is $17,438 and the cost for the remainder of 1997 is
$12,207; and
WHEREAS the annual cost of the salary grade placement changes for the
Special Revenue positions is $17,745 and the cost for the remainder of 1997 is
$12,421; and
WHEREAS funding is available to implement the recommended salary grade
changes for the Governmental positions in the Classification and Rate Change
Account; and
WHEREAS funding is available for the Special Revenue positions in this
fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes implementation of the Salary Administration Fourth Quarterly Report
for 1996 which includes the following personnel actions:
Salary Grade
Classification From: To: Location-Position
Customer Service Tech II 10 11 18401-01596
18401-03344
18401-05627
18401-06680
18401-07407
Network Systems Analyst 12 13 18601-02746
Personnel Analyst II 10 11 15402-02222
15410-02090
15410-02427
15410-02647
15410-02845
15520-05781
BE IT FURTHER RESOLVED the 1997 and 1998 Budgets be amended as follows:
1997 1998
10100-909-01-00-9902 Class. & Rate Chg. $(12,207) $(17,438)
10100-154-02-00-1001 Personnel/Emp. Rel.-
Salaries 1,490 2,130
10100-154-02-00-2070 Personnel/Emp. Rel. Fringes 654 935
10100-154-10-00-1001 Personnel/Class. Salaries 5,503 7,860
10100-154-10-00-2070 Personnel/Class. Fringes 2,416 3,452
10100-154-20-00-1001 Personnel/Sel. & Plac. Sal. 1,490 2,130
10100-154-20-00-2070 Personnel/Sel. & Plac. -
Fringe 654 935
$ 0 $ 0
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 Huntoon the resolution be adopted.
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Douglas, Garfield, Holbert. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97036
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - REQUEST TO CREATE, TRANSFER AND
Commissioners Minutes Continued. March 6, 1997
58
RECLASSIFY POSITIONS FOR TEMPORARY PERIOD OF TIME
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Department of Management and Budget is faced with several
program imperatives that temporarily exceed its resource capacity to deliver,
including a change in the County=s fiscal year, implementation of a new Human
Resource/Financial Information Management System (HR/FIMS), transition of
Community Mental Health financial, purchasing and reimbursement functions to an
authority, and integration of multiple departmental software systems to achieve
Year-2000 compliance; and
WHEREAS the Fiscal Services and Reimbursement Divisions have individually
identified additional resources necessary to accomplish the department=s
1997/1998 Work Plan, as well as sources of funds to pay for those resources
through September 30, 1998; and
WHEREAS the Reimbursement Division requests an increase in its Revenue
Budget sufficient to defray the cost of adding the following positions: two
Collection Clerk II positions in the Circuit Court Unit (10100-127-01) to
increase collections for the Inmate Board and Care Program and to facilitate
processing of administrative orders for Show Cause Hearings and Writs of
Garnishments/Executions for Probation/Non-probation cases; one Account Clerk II
position and one PTNE Clerical Trainee position in the Child Support-Accounting
Unit (21500-127-05) to fully implement the Electronic Funds Transfer Program and
facilitate mail and check processing for Friend of the Court, and related
operating expenses as detailed in the below detailed budget amendment; and
WHEREAS the Fiscal Services Division requests the upgrade of a Typist II
(position #1262102621) in the General Fiscal Services Unit to an Account Clerk II
classification with the position transferred to the Proprietary Accounting Unit,
as well as the establishment of a new Accountant II to respond to the fiscal
information needs of the Department of Information Technology as noted in Plante
and Moran=s Operational Review of that department, and related operating expenses
as detailed in the below detailed budget amendment; and
WHEREAS the Purchasing Division requests the downgrade of a Buyer II
(position #06605) to Buyer I to reflect the current utilization of that position;
and
WHEREAS the County Executive has reviewed the foregoing requests and
recommends their approval for the time period indicated.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the following Department of Management and Budget (DMB) requested
staffing changes with related operational expenses for the specific time period
March 15, 1997 through September 30, 1998:
1.) That the following positions be created:
Classification Location
Two GOV Collection Clerk II Reimbursement, Circuit Court Unit
(10100-127-01)
One GOV Account Clerk II Reimbursement, Child Support Accounting
(21500-127-05)
One GOV PTNE 1,000 hr./year Reimbursement, Child Support Accounting
General Clerical (21500-127-05)
One PR Accountant II Fiscal Services, Proprietary Accounting
(63600-126-23)
2.) That the following positions be changed as shown:
Position Current Proposed
12621-02621 Typist II Reclassify to Account Clerk II;
transfer to Proprietary Accounting Unit
(126-23)
12401-06605 Buyer II Reclassify to Buyer I
BE IT FURTHER RESOLVED that continuation of any of the aforementioned newly
created positions beyond September 30, 1998 is dependent upon a comprehensive
review of the full complement of DMB personnel in light of the anticipated
efficiencies related to implementation of the new Human Resource/Financial
Information Management System.
BE IT FURTHER RESOLVED that the following budget amendments be approved to
reflect incorporation of the aforementioned DMB staffing changes.
General Fund (10100)
Commissioners Minutes Continued. March 6, 1997
59
Reimbursement Division - Circuit Court Unit (127-01)
1997 1998
2340 Revenue - Fees $58,408 $84,556
------ -------
Expense:
1001 Salaries Regular $30,723 $51,672
2070 Fringe Benefits 13,487 22,684
Operating Expenses 14,198 10,200
$58,408 $84,556
$ -0- $ -0-
Friend of the Court Fund (21500)
Reimbursement Division - Child Support Accounting Unit (127-05)
2077 FOC Coop Reimb. Program $28,354 $36,073
2340 Revenue - Fees 14,156 18,010
------- -------
$42,510 $54,083
Expense:
1001 Salaries Regular $23,661 $34,136
2070 Fringe Benefits 7,549 12,147
Operating Expenses 11,300 7,800
$42,510 $54,083
$ -0- $ -0-
General Fund (10100)
Fiscal Services Division -
General Fiscal Services Unit (126-01)
1001 Salaries Regular ($12,633) ($21,246)
2070 Fringe Benefits ($ 5,546) ($ 9,327)
($18,179) ($30,573)
Proprietary Accounting Unit (126-23)
2531 Reimburse Salaries - IT Dept. $35,025 $53,305
2340 Reimbursement Div - Fees 3,927 6,605
$38,952 $59,910
Expense:
1001 Salaries Regular $35,775 $60,169
2070 Fringe Benefits 15,706 26,414
Operating Expenses 5,650 3,900
$57,131 $90,483
$ -0- $ -0-
Chairperson, on behalf of the Finance and Personnel Committee, I move
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Moved by Douglas supported by Kingzett the resolution be adopted.
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Douglas, Garfield, Holbert, Huntoon. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #97037)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: CIRCUIT COURT/JUDICIAL ADMINISTRATION - INCREASE IN COURT
ADMINISTRATOR/JUDICIAL ASSISTANT SALARY RATE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on February 24, 1997, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. March 6, 1997
60
MISCELLANEOUS RESOLUTION #97037
BY: Finance and Personnel Committee, Sue A. Douglas, Chairperson
IN RE: CIRCUIT COURT/JUDICIAL ADMINISTRATION - ADJUSTMENT IN COURT
ADMINISTRATOR/JUDICIAL ASSISTANT SALARY RATE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Circuit Court requested a review of the Court
Administrator/Judicial Assistant salary rate in 1996; and
WHEREAS the County Executive reviewed the salary range and considered
salary survey information and internal County equity comparisons; and
WHEREAS the County Executive recommended that the Court
Administrator/Judicial Assistant salary be increased from the current flat rate
to a salary range equivalent to the top County Executive Director salary range;
and
WHEREAS the Finance and Personnel Committee reviewed the request in
November of 1996 and decided to postpone consideration of the issue until early
1997; and
WHEREAS the Circuit Court is requesting review and approval of the salary
issue at this time.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the adjustment in salary of the Court Administrator/Judicial Assistant
from the current 1997 flat rate of $86,992 to a salary range equivalent to the
top County Executive Director 1997 salary range, 4 year step, as shown below:
Base 1 Year 2 Year 3 Year 4 Year
82,066 85,006 87,939 90,883 93,818
BE IT FURTHER RESOLVED that the Fiscal Year 1997 and Fiscal Year 1998
Budget be amended as follows:
FY 1997 FY 1998
4-10100-909-01-00-9901 Salary Adjustment ($4,860) ($9,024)
4-10100-311-01-00-1001 Salaries 3,676 6,826
4-10100-311-01-00-2070 Fringe Benefits 1,184 2,198
-0- -0-
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 Law the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Millard, Moffitt, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Douglas, Garfield, Holbert, Huntoon, Jacobs. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97038
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/EQUALIZATION DIVISION - CREATION OF
TWO (2) EQUALIZATION APPRAISER I POSITIONS FOR THE TOWNSHIP OF OXFORD REAPPRAISAL
AND ASSESSING CONTRACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Township of Oxford does not have a certified assessor; and
WHEREAS the County has entered into a new contract with the Township of
Oxford to reappraise commercial, industrial and residential real property within
the township during 1997 and 1998 and prepare the annual assessment roles for
real and personal property for the period of January 1, 1997 through
June 30, 2002; and
WHEREAS the Township of Oxford has agreed to pay a fee of $13.00 annually
per real property description, $10.12 annually per personal property description
and a total of $345,650 (paid in five annual installments of $69,130) for the
Commissioners Minutes Continued. March 6, 1997
61
reappraisal project; and
WHEREAS provision of these services will require two additional
Equalization Appraiser I positions which will be fully funded by contract
revenue.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorize the creation of two (2) governmental funded Equalization Appraiser I
positions (Grade 9), effective 3/15/97.
BE IT FURTHER RESOLVED that the continuation of these positions will be
contingent upon contract funds to cover the full cost of the positions.
BE IT FURTHER RESOLVED that the 1997 and 1998 Budget is amended as follows:
1997 1998
Revenue:
3-10100-194-01-00-2510 Reimb. - Equalization $58,124 $93,059
Expenditure:
4-10100-194-01-00-1001 Salaries $32,491 $60,340
4-10100-194-01-00-2074 Fringe Benefits 14,263 26,489
4-10100-194-01-00-6360 Info Tech Operations 2,670 5,330
4-10100-194-01-00-6750 Telephone Expense 700 900
4-10100-194-01-00-9998 Misc. Capital Outlay 8,000 0
$58,124 $93,059
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 Johnson the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard,
Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: APPOINTMENTS TO THE JOB EVALUATION REVIEW PANEL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, reports in support of the General
Government Committee=s recommendations for appointments to the Job Evaluation
Review Panel for the term expiring December 31, 1997.
Chairperson, on behalf of the Finance and Personnel Committee, I submit the
foregoing report.
FINANCE AND PERSONNEL COMMITTEE
REPORT
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: JOB EVALUATION REVIEW PANEL APPOINTMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends the appointment of the
following individuals to the Job Evaluation Review Panel for terms ending
December 31, 1997:
Member Alternates
Circuit Court Judges Appointment Judy Cunningham
County Executive Appointment Douglas Williams Judy Eaton
Other Elected Officials Pat Dohany Glen Yrjanainen
Board of Commissioners Jeff Kingzett Nancy Dingeldey
Board of Commissioners Fran Amos Nancy Dingeldey
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. March 6, 1997
62
Copy of attachments on file in the County Clerk=s office.
Moved by Schmid supported by Moffitt the Finance and Personnel Committee
Report and the General Government Committee Report be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Schmid supported by Moffitt the appointment of the following
individuals to the Job Evaluation Review Panel for terms ending December 31, 1997
be confirmed:
Member Alternates
Circuit Court Judges Appointment Judy Cunningham
County Executive Appointment Douglas Williams Judy Eaton
Other Elected Officials Pat Dohany Glen Yrjanainen
Board of Commissioners Jeff Kingzett Nancy Dingeldey
Board of Commissioners Fran Amos Nancy Dingeldey
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt,
Obrecht, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointments were
confirmed.
REPORT (Misc. #97022)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: SUPPORT OF CONSORTIUM APPROACH TO BUSINESS DEVELOPMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed on February 24, 1997,
Miscellaneous Resolution #97022 entitled, ASupport of Consortium Approach to
Business Development@ reports with the recommendation that the resolution be
adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #97022
BY: Ruel McPherson, District 25; Gilda Jacobs, District 23; JoAnne Holbert,
District 6; Jeff Kingzett, District 7; Lawrence Pernick, District 20;
Eric Coleman, District 21; Eugene Kaczmar, District 24
IN RE: SUPPORT OF CONSORTIUM APPROACH TO BUSINESS DEVELOPMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Palace Sports and Entertainment had proposed to construct a one-
mile AIndy-style@ racetrack at the Michigan State Fairgrounds; and
WHEREAS due largely to opposition from neighborhood groups based on noise
and pollution issues, the project was shelved by Palace Sports and Entertainment;
and
WHEREAS there still remains a great deal of opportunity to develop other
revenue-creating projects for Oakland County venues, including the State
Fairgrounds area, which would be welcomed by neighborhood residents and
businesses.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
welcomes the opportunity to work with Palace Sports and Entertainment, or any
other private enterprise, to help determine the best possible location within
Oakland County for future projects.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners also
encourages the inclusion of municipal leaders and local neighborhood groups and
their respective state legislators when determining the viability of future
Commissioners Minutes Continued. March 6, 1997
63
projects which may affect their communities.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to all
Oakland County Legislators and the Governor.
Chairperson, I move the adoption of the foregoing resolution.
Ruel E. McPherson, Eugene Kaczmar,
Gilda Z. Jacobs, JoAnne Holbert,
Lawrence R. Pernick, Eric Coleman,
Jeff Kingzett
Moved by Schmid supported by Jacobs the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Jacobs the resolution be adopted.
Moved by Jacobs supported by McPherson the resolution be amended, to state
that copies be sent to all local municipalities, including City and Township
Clerks.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht,
Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Douglas,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar. (23)
NAYS: Garfield. (1)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #97023)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: SUPPORT OF CONTINUED (AND INCREASED) HEAD START FEDERAL PROGRAM FUNDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed on February 24, 1997,
Miscellaneous Resolution #97023 entitled, ASupport of Continued (and Increased)
Head Start Federal Program Funding@ reports with the recommendation that the
resolution be adopted with the RESOLVED paragraph amended to read:
RESOLVED that the Oakland County Board of Commissioners
supports this highly affective OLHSA program and urges Congress not
only to continue but to increase funding, thereby allowing the
Oakland Livingston Human Service Agency Head Start Program to serve
more eligible families throughout Oakland County and to empower
children and families to move toward self-sufficiency.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #97023
BY: Commissioner Nancy Dingeldey
IN RE: SUPPORT OF CONTINUED (AND INCREASED) HEAD START FEDERAL PROGRAM FUNDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland Livingston Human Service Agency Head Start Program
serves 1,567 low income children and families in Pontiac, Royal Oak, Home Base,
and fifteen school districts throughout Oakland County; and
WHEREAS Head Start provides services in areas including Education, Health,
Disabilities, Family Involvement, Family Services, Mental Health, and Career
Development to all enrolled children and families throughout the county in order
to empower children and families to move toward self-sufficiency; and
WHEREAS these services, provided through Head Start, have been documented
Commissioners Minutes Continued. March 6, 1997
64
through the High Scope Perry Preschool Report, completed in 1993, which assesses
the effectiveness of high quality, active learning preschool programs in
providing short and long term benefits to at risk children living in poverty; and
WHEREAS the results of this report indicated that there are many short and
long term benefits, such as higher literacy rate, higher earnings, lower arrest
rate, and higher level of schooling attained; and
WHEREAS the cost of providing these comprehensive services to children and
families by highly trained staff continues to escalate, while at the same time
the provision of these services by collaborating agencies or programs declines
because of funding cuts; and
WHEREAS current funding allows only one-half of the eligible families in
Oakland County to be served by the Oakland Livingston Human Service Agency Head
Start Program.
NOW THEREFORE BE IT RESOLVED that increased funding would allow the Oakland
Livingston Human Service Agency Head Start Program to serve more eligible
families throughout Oakland County, and to empower children and families to move
toward self-sufficiency.
Chairperson, I move the adoption of the foregoing resolution.
Nancy Dingeldey
Moved by Schmid supported by Jensen the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Jensen the resolution be adopted.
Moved by Schmid supported by Jensen the resolution be amended to coincide
with the recommendation in the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Douglas, Garfield,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #97027)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: DESIGNATION OF APRIL 24, 1997 AS ARMENIAN MARTYR=S DAY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed on February 24, 1997,
Miscellaneous Resolution #97027 entitled, ADesignation of April 24, 1997 as
Armenian Martyr=s Day,@ reports with the recommendation that the resolution be
adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #97027
BY: Commissioners John P. Garfield, District 9; David L. Moffitt, District 18
IN RE: DESIGNATION OF APRIL 24, 1997 AS ARMENIAN MARTYR=S DAY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 1915, the Ottoman Turkish Empire undertook a brutal, genocidal
campaign of hatred against the people of Armenian descent in that Empire; and
WHEREAS this attempted genocide claimed the lives of nearly 1.5 million
Armenians; and
WHEREAS the survivors of this massacre were forced from their homeland and
Commissioners Minutes Continued. March 6, 1997
65
scattered around the world; and
WHEREAS some 30,000 people of Armenian descent now reside in Southeast
Michigan; and
WHEREAS April 24, 1997 has been designated by community and religious
leaders as Armenian Martyr=s Day, a day of Memorial observance; and
WHEREAS the Oakland County Board of Commissioners desires to join in this
observance to commemorate the victims of these crimes against humanity and
express our desire that these horrors are never forgotten.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby declare April 24, 1997, and each subsequent anniversary, in
perpetuity, to be Armenian Martyr=s Day in Oakland County.
Chairperson, I move the adoption of the foregoing resolution.
John P. Garfield, David L. Moffitt
Moved by Schmid supported by Garfield the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Garfield the resolution be adopted.
AYES: McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick,
Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #97029)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: SUPPORT THE ACQUISITION OF THE POLLY ANN RAIL CORRIDOR FOR USE AS A
RECREATIONAL TRAIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed on February 24, 1997,
Miscellaneous Resolution #97029 entitled, ASupport the Acquisition of the
Polly Ann Rail Corridor for Use as a Recreational Trail@ reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #97029
BY: Lawrence A. Obrecht, County Commissioner, District #3
IN RE: SUPPORT THE ACQUISITION OF THE POLLY ANN RAIL CORRIDOR FOR USE AS A
RECREATIONAL TRAIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the northern townships of Oakland County have prioritized
protecting and maintaining open space and outdoor recreational facilities as
major goals; and
WHEREAS the Paint Creek Trail, encompassing both these objectives, has met
with great success; and
WHEREAS an opportunity now exists for the M.D.N.R. to acquire the old rail
corridor known as the Polly Ann; and
WHEREAS this extension can provide up to an additional 44 miles of
continuous bike, hiking and horse riding trail; and
WHEREAS this trail would connect the communities of Rochester, Rochester
Hills, Orion Township, the Village of Lake Orion, Oxford Township, the Village of
Oxford, Addison Township, and the Village of Leonard all within the County of
Oakland; and
WHEREAS this trail would extend into Lapeer County thereby connecting
additional communities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
Commissioners Minutes Continued. March 6, 1997
66
is in support of the M.D.N.R. acquiring the Polly Ann rail corridor for the
purpose of its use as a recreational trail.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the
Michigan Department of Natural Resources, Oakland County Parks, Lapeer County
Parks, and Rails to Trails Conservancy.
Chairperson, I move the adoption of the foregoing resolution.
Lawrence A. Obrecht
Moved by Schmid supported by Obrecht the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Obrecht the resolution be adopted.
AYES: McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Wolf, Amos, Coleman, Devine, Douglas, Garfield, Holbert, Huntoon,
Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #97010)
BY: Finance and Personnel Committee, Sue A. Douglas, Chairperson
IN RE: CIRCUIT COURT - AUTHORIZATION TO ENTER INTO CONTRACT FOR A FAMILY
DIVISION COORDINATOR
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, having reviewed the above-referenced
resolution, reports with the recommendation that the resolution be amended as
follows:
1) Replace the last WHEREAS paragraph with AWHEREAS a temporary 1,000
hour PTNE Attorney II position is recommended to provide
coordination of the Family Court reorganization.@
2) Replace the NOW THEREFORE BE IT RESOLVED paragraph with ANOW
THEREFORE BE IT RESOLVED that the Board of Commissioners authorize
the creation of one GOV 1,000 hour PTNE Attorney II position at the
four year salary step ($26.89/hr.).@
3) Replace the BE IT FURTHER RESOLVED paragraph with ABE IT FURTHER
RESOLVED that the temporary position be effective only through
August 1, 1997 (end of pay period closest to July 31, 1997).@
Chairperson, on behalf of the Finance and Personnel Committee, I move
adoption of the foregoing report.
FINANCE AND PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #97010
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: CIRCUIT COURT - AUTHORIZATION TO ENTER INTO CONTRACT FOR A FAMILY
DIVISION COORDINATOR
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 388 of 1996 requires implementation of a Family Division
within the Circuit Court effective January 1, 1998; and
WHEREAS the Act requires the Chief Judge of the Circuit Court and Chief
Judge of the Probate Court develop an agreement establishing a plan for operation
of the Family Division by July 1, 1997; and
WHEREAS given the limited time period provided by the Act for development
of the plan and implementation of the Family Division and the associated
management and staff time required to engage in these efforts, utilization of a
Family Division Coordinator will enhance the Circuit Court's, Probate Court's
and other affected offices' ability to meet the procedural requirements of the
Act in an acceptable time frame; and
Commissioners Minutes Continued. March 6, 1997
67
WHEREAS the Family Division Coordinator will assist the Chief Judges of the
Circuit and Probate Courts, and each court's respective management teams, in
developing recommendations for new court rules and changes to existing court
rules to accommodate implementation, analyze caseload data from each court to
determine the appropriate number of judges to be transferred into the Family
Division, develop caseflow patterns and mechanisms to ensure timely disposition
of cases under jurisdiction of the Family Division, assist in determining the
appropriate resources to aid Family Division judges in docket management and to
ensure the needs of litigants and clients are properly addressed, develop
recommendations regarding the operation and administration of the Family
Division, and provide other assistance as determined necessary; and
WHEREAS the cost to obtain the services of a Family Division Coordinator
are estimated to be $28.50 per hour and not to exceed $29,000 for a six month
term beginning February 1, 1997.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorize
Circuit Court to enter into a professional services contract with a Family
Division Coordinator for the purpose of assisting the chief judges of the Circuit
and Probate Courts in developing a plan for the operation of the Family Division
and its implementation.
BE IT FURTHER RESOLVED that the Circuit Court=s budget be amended to
include an appropriation of $29,000 commensurate with the terms of the
professional services contract.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (Misc. #97010)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: CIRCUIT COURT - AUTHORIZATION TO ENTER INTO CONTRACT FOR A FAMILY
DIVISION COORDINATOR
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 the above-referenced resolution and finds:
1) Public Act 388 of 1966 requires the Chief Judges of the Circuit and
Probate Courts to develop an agreement for the implementation of the
Family Division of Circuit Court effective January 1, 1998. A plan
for implementation is required by July 1, 1997.
2) The work to develop recommendations for court rules, analyze
caseload patterns, determine judicial and staff requirements of the
new division, develop docket management plans, and develop
recommendations regarding the operation and administration of the
Family Division in the allotted time would be greatly enhanced by
establishing a part-time non-eligible Attorney II position for a
period of six months to coordinate the efforts of the court=s
management teams.
3) The courts have requested a 1000 hour PTNE Attorney II position at
the four year salary step for a period six months to assist the
Chief Judges and their management teams in this effort. The
position costs are as described below.
4) That the Fiscal Year 1997 Budget be amended as follows:
FY 1997
4-10100-909-01-00-9900 Non-departmental -
Contingency Account ($29,498)
4-10100-311-01-00-1001 Salaries 26,890
4-10100-311-01-00-2070 Fringe benefits 2,608
-0-
FINANCE AND PERSONNEL COMMITTEE
Moved by Schmid supported by Pernick the Finance and Personnel Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Commissioners Minutes Continued. March 6, 1997
68
Moved by Schmid supported by Pernick the resolution be adopted.
Moved by Schmid supported by Pernick the resolution be amended to coincide
with the recommendation in the Finance and Personnel Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #97039
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: WATERFORD OAKS PARK HOUSE REMOVAL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission approved the
1997 Capital Improvement Projects Budget, which includes the Waterford Oaks
Waterpark Parking Lot Expansion Project; and
WHEREAS the County of Oakland, through its Parks and Recreation Commission,
owns the residence at 1796 Scott Lake Road, which is part of Waterford Oaks
County Park and adjacent to the Waterford Oaks Waterpark; and
WHEREAS the residence at 1796 Scott Lake Road is no longer a necessary part
of the master plan of Waterford Oaks; and
WHEREAS the approved expansion project for the Waterpark will include the
site on which the house is located; and
WHEREAS the Oakland County Parks and Recreation Commission believes it
would be advantageous to request bids for the sale and removal of the house at
1796 Scott Lake Road rather than demolishing it.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation
Commission authorizes staff to request Oakland County Purchasing to send bids for
sale and removal of the house at 1796 Scott Lake Road.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission authorizes staff to forward this resolution to the Oakland County
Planning and Building Committee and the Oakland County Board of Commissioners for
their approval.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of attachments on file in the County Clerk=s office.
Moved by Palmer supported by Schmid the resolution be adopted.
AYES: Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos,
Coleman, Devine, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97040
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - ACCEPTANCE OF GRANT AND AUTHORIZATION
Commissioners Minutes Continued. March 6, 1997
69
TO NEGOTIATE THE PURCHASE OF ADDITIONAL ACREAGE AT LYON OAKS COUNTY PARK (PART OF
TAX SIDWELL #22-06-300-001, 172.914 ACRES)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS upon recommendation of the Oakland County Parks and Recreation
Commission, the Oakland County Board of Commissioners accepted the first grant
from the Michigan Department of Natural Resources (DNR) for the acquisition of
property in Lyon Township for the Development of Lyon Oaks County Park and
Rookery through the adoption of Miscellaneous Resolution #90239; and
WHEREAS through the subsequent adoption of Miscellaneous Resolution #92147,
Oakland County acquired 672 acres of property in Lyon Township, enabled by the
grant from the Michigan Natural Resources Trust Fund, for the purpose of
establishing a county park in a section of the county not previously serviced by
the county park system; and through an additional DNR Grant and Parks and
Recreation funds, the Oakland County Board of Commissioners approved
Miscellaneous Resolution #94109, which allowed Oakland County to acquire an
additional 101 acres in Lyon Township; and
WHEREAS the Parks and Recreation Commission has been notified that it is
the recipient of another grant in the amount of $630,000 from the Michigan
Natural Resources Trust Fund to acquire additional adjacent property in Lyon
Township for the purpose of expanding recreational opportunities and preserving
open space for all residents of Oakland County; and
WHEREAS the Parks and Recreation Commission has acted to pursue the
purchase of this property; and
WHEREAS the Departments of Facilities Management and Corporation Counsel
have reviewed and approved the attached Offer to Purchase Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Oakland County Parks and Recreation Commission to accept said
grant in the amount of $630,000 which shall be used for the acquisition of
172.914 acres in Lyon Township as identified in the grant being part of Tax
Sidwell #22-06-300-001, and authorizes the negotiation for the acquisition of
said real property, as per the attached Offer to Purchase in the amount of
$850,000.
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes
its Chairperson to execute the appropriate and necessary documents to conclude
formal negotiations for the acquisition of this property in accordance with
Miscellaneous Resolution #91090.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Purchase Agreement on file in the County Clerk=s office.
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #97041
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - AUTHORIZATION TO NEGOTIATE THE
PURCHASE OF ADDITIONAL ACREAGE AT LYON OAKS COUNTY PARK (PART OF TAX SIDWELL #22-
06-300-001, 25.559 ACRES)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS upon recommendation of the Oakland County Parks and Recreation
Commission, the Oakland County Board of Commissioners accepted the first grant
from the Michigan Department of Natural Resources (DNR) for the acquisition of
property in Lyon Township for the Development of Lyon Oaks County Park and
Rookery through the adoption of Miscellaneous Resolution #90239; and
WHEREAS through the subsequent adoption of Miscellaneous Resolution #92147,
Oakland County acquired 672 acres of property in Lyon Township, enabled by the
grant from the Michigan Natural Resources Trust Fund, for the purpose of
establishing a county park in a section of the county not previously serviced by
the county park system; and through an additional DNR Grant and Parks and
Recreation funds, the Oakland County Board of Commissioners approved
Commissioners Minutes Continued. March 6, 1997
70
Miscellaneous Resolution #94109, which allowed Oakland County to acquire an
additional 101 acres in Lyon Township; and
WHEREAS in addition to the grant in the amount of $630,000 from the
Michigan Natural Resources Trust Fund to acquire additional adjacent property in
Lyon Township, the Parks and Recreation Commission has set aside $550,000 in
additional funds for the purchase of 25.559 acres; and
WHEREAS the Parks and Recreation Commission has acted to pursue the
purchase of this additional property; and
WHEREAS the Departments of Facilities Management and Corporation Counsel
have reviewed and approved the attached Offer to Purchase Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Oakland County Parks and Recreation Commission to undertake
negotiations for the acquisition of part of Tax Sidwell #22-06-300-001.
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes
its Chairperson to execute the appropriate and necessary documents to conclude
formal negotiations for the acquisition of this property in accordance with
Miscellaneous Resolution #91090, as per the attached Offer to Purchase Agreement.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Purchase Agreement on file in the County Clerk=s office.
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
REPORT (Misc. #97042)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: BOARD OF COMMISSIONERS - ADDITIONAL SPACE NEEDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on February 24, 1997, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #97042
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: BOARD OF COMMISSIONERS - ADDITIONAL SPACE NEEDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS originally constructed in the 1960's, the Auditorium Wing of the
Courthouse was designed to meet the needs of the Board of Supervisors; and
WHEREAS in the intervening decades, the entire structure and operation of
the legislative branch of County government has been revised by both the Courts
and the Legislature; and
WHEREAS with the creation of the Program Evaluation Unit in 1983,
additional space was secured from underutilized space in the Treasurer=s Office
to provide space for the Program Evaluation staff, creating two separate quarters
for the Administrative Unit and Program Evaluation; and
WHEREAS the current office space design is not conducive to efficient daily
operation and there is a total lack of private space for the Commissioners; and
WHEREAS the Planning and Building Committee established a Subcommittee in
1995 to work with Facilities Engineering to produce a plan for additional office,
meeting and work spaces for the Board of Commissioners; and
WHEREAS the attached plan represents the best of that previously designed
plan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the attached conceptual building expansion to maximize the use of
existing space and to meet the longstanding need for additional space to provide
Commissioners Minutes Continued. March 6, 1997
71
a suitable and professional facility for the Board of Commissioners.
BE IT FURTHER RESOLVED that the Board Chairperson will appoint an Ad Hoc
Committee to review the conceptual building expansion and finalize the details
with respect to the revisions for this proposed addition.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Proposed Board of Commissioner=s Alterations Ground Floor/West
Wing - Courthouse on file in the County Clerk=s office.
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #97043
BY: Public Services Committee, Shelley Taub, Chairperson
IN RE: PROSECUTING ATTORNEY - ACCEPTANCE OF STOP VIOLENCE AGAINST WOMEN GRANT
FROM HAVEN (HELP AGAINST VIOLENT ENCOUNTERS NOW)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS HAVEN (Help Against Violent Encounters Now) has received a 1996-
1997 Federal Stop Violence Against Women grant; and
WHEREAS included in the grant is $40,000 to fund Oakland County
Prosecutor=s office services for case prosecution, police training, coordination,
statistical research and other services; and
WHEREAS HAVEN has presented a proposal to award the County of Oakland
$40,000 for these services; and
WHEREAS the Prosecuting Attorney has agreed to provide these services; and
WHEREAS one (1) additional Assistant Prosecutor II will be required to
provide these services effective March 15, 1997; and
WHEREAS acceptance of this agreement does not obligate the County to any
future commitment; and
WHEREAS the contract has been approved by the County Executive=s Contract
Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the funding for the Stop Violence Against Women program in the amount of
$40,000 for the period October 1, 1996 through September 30, 1997, as detailed in
the attached Memorandum of Understanding.
BE IT FURTHER RESOLVED that one (1) full-time, special revenue funded,
Assistant Prosecutor II position be created in the Prosecuting Attorney
Litigation Division.
BE IT FURTHER RESOLVED that the level of service, including personnel, be
contingent upon continued grant funding.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Memorandum of Understanding Addendum on file in the County Clerk=s
office.
FISCAL NOTE (Misc. #97043)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: PROSECUTING ATTORNEY - ACCEPTANCE OF STOP VIOLENCE AGAINST WOMEN GRANT
FROM HAVEN (HELP AGAINST VIOLENT ENCOUNTERS NOW)
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 the above-referenced resolution and finds:
1. The resolution authorizes acceptance of a $40,000 grant from HAVEN
(Help Against Violent Encounters Now) for the provision of services
associated with a Federal Stop Violence Against Women Grant by the
Prosecuting Attorney=s office.
2. The resolution also authorizes one (1) additional full-time special
Commissioners Minutes Continued. March 6, 1997
72
revenue funded Assistant Prosecutor II position to perform these
duties at a total cost of $36,271 in salaries and fringe benefits
for the remainder of Fiscal Year 1997.
3. Should the grant be renewed in Fiscal Year 1998 without an increase
in funding, a grant match in the amount of $27,361 (at 1997 rates)
would be required to fully fund the position.
4. The resolution does not oblige the County to any future commitment
and the level of service, including
personnel, is contingent upon continued
funding.
6. BE IT FURTHER RESOLVED that the 1997 Budget is amended as follows:
Revenue
3-27XXX-412-01-00-2185 Grant Revenue $40,000
Expenditures
4-27XXX-412-01-00-1001 Salaries $25,206
4-27XXX-412-01-00-2074 Fringe Benefits 11,065
4-27XXX-412-01-00-3727 Training 3,729
$40,000
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by Moffitt the resolution be adopted.
AYES: Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Millard, Moffitt. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97044
BY: Public Services Committee, Shelley Taub, Chairperson
IN RE: PUBLIC SERVICES DEPARTMENT - THE EMPLOYMENT AND TRAINING DIVISION=S
BUDGET FOR PROGRAM YEAR 1996/1997
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS notice of allocation of Job Training Partnership Act (JTPA) and
other employment and training funds has been received from the Michigan Jobs
Commission and other entities, as outlined in Attachment A; and
WHEREAS the funding allocations as shown in Attachment A for the total
amount of $6,986,450 serve as an estimate of Program Year 1996/1997 fund
availability, subject to finalization of some allocations from the Michigan Jobs
Commission; and
WHEREAS the JTPA and other employment and training programs identified in
Attachment A are totally supported through federal and state funds and require no
financial match support from the Oakland County General Fund; and
WHEREAS Article II of the Balance of Oakland County Workforce Development
Board=s By-Laws stipulates that the Board shall "provide policy guidance for, and
exercise oversight with respect to, the Balance of Oakland County Service
Delivery Area=s activities under the JTPA@ in partnership with the government of
Oakland County; and
WHEREAS the Executive Committee of the Balance of Oakland County Workforce
Development Board has recommended the Employment and Training Division's
Administrative Budget for Program Year 1996/1997, as shown in Attachment B.
NOW THEREFORE BE IT RESOLVED that the Oakland County Employment and
Training Division's Budget for Program Year 1996/1997 be adopted for the total
amount of $6,986,450, as follows:
1. to establish an Administrative Budget of $864,205 for staff
salaries, fringe benefits, and related operating costs;
2. to establish an Administrative Budget of $434,525 for the
program contractors' administrative operating costs; and
3. to provide for an appropriation of $5,687,720 for employment
and training program operations and activities.
BE IT FURTHER RESOLVED that the Employment and Training Division will
prepare and present a written status report to the Public Services Committee on a
Commissioners Minutes Continued. March 6, 1997
73
yearly basis.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Attachments A and B on file in County Clerk=s office.
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #97045
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 (AMENDMENT #2)
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
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 three (3) Deputy II
(no-fill) resulting in a new total of six (6) Deputy II (no-fill) being
contracted and bring the total number of contracted deputies to twenty-two (22);
and
WHEREAS the Sheriff has agreed to add three (3) Deputy II (no-fill) 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
Deputy II (no-fill) from the three (3) to a new total of six (6).
BE IT FURTHER RESOLVED that three (3) Deputy II positions be created in the
Contracted Patrol Unit, Protective Services Division of the Sheriff's Department.
BE IT FURTHER RESOLVED that one (1) marked patrol vehicle (with mobile,
prep radio and MDT) be added to the County fleet.
BE IT FURTHER RESOLVED that this amendment will take effect on
March 22, 1997.
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 County Clerk=s office.
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #97046
BY: Public Services Committee, Shelley Taub, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - MENTAL HEALTH AUTHORITY TRANSITION FACILITATOR
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the timely, appropriate, efficient and cost-effective delivery of
community mental health services to the residents of Oakland County is a high
priority for Oakland County government; and
WHEREAS the State of Michigan has proposed and is implementing dramatic
changes in the way mental health services are funded, managed, and delivered to
state residents; and
WHEREAS by adoption of Miscellaneous Resolution #96260, the Oakland County
Board of Commissioners has recognized and determined that Oakland County=s
Community Mental Health Agency Program and its beneficiaries would greatly profit
from a reorganization that would allow the Program maximum flexibility in
Commissioners Minutes Continued. March 6, 1997
74
designing, financing, planning for and implementing mental health service
programs for Oakland County=s residents through the creation of a Community
Mental Health Authority (CMH Authority) as allowed under Section 205 of the
Michigan Mental Health Code, 1974 Public Act 258, as amended by 1995 Public
Act 290, effective March 28, 1996; and
WHEREAS as a condition precedent to the resolution creating the CMH
Authority becoming effective, the Board of Commissioners shall adopt a transition
plan; and
WHEREAS the formulation of this transition plan will require the input of
many heterogeneous individuals and groups and will require an objective,
independent facilitator to coordinate and guide the development of the proposed
transition plan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby allocates an amount not to exceed $25,000 for the hiring of a Community
Mental Health Transition Facilitator, to be selected by the Community Mental
Health Authority Task Force, formed by Miscellaneous Resolution #96286.
BE IT FURTHER RESOLVED that such Facilitator will be provided office space
and limited clerical support.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #97046)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - MENTAL HEALTH AUTHORITY TRANSITION FACILITATOR
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 the above-referenced resolution and finds:
1. The resolution allocates $25,000 for the hiring of a CMH
(Community Mental Health) Transition Facilitator.
2. Funds are available in the 1997 non-departmental Contingency
Account to cover the cost of this function, the
Fiscal Year 1997 Budget is amended as follows:
4-10100-909-01-00-9900 Contingency ($25,000)
4-10100-511-01-00-3128 Professional Svs 25,000
$ 0
3. The Director of the Department of Management and Budget is
instructed to review the availability of Community Mental
Health funds prior to the close of Fiscal Year 1997 books. If
a lapse of mental health funds is projected for Fiscal Year
1997, the Director of the Department of Management and Budget
may administratively charge Community Mental Health for the
cost incurred during the facilitation function, and replenish
the General Fund Contingency Account.
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by Amos the resolution be adopted.
AYES: Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine,
Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, Millard, Moffitt, Obrecht. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97020
BY: Strategic Planning Committee, Dennis Powers, Chairperson
Commissioners Minutes Continued. March 6, 1997
75
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - FOURTH QUARTER 1996 DEVELOPMENT
APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all data processing development cost is incorporated as a single
appropriation within the Department of Information Technology budget and then an
amount equal to the actual expense is transferred to the user department with a
summary report to the Strategic Planning Committee; and
WHEREAS the Department of Information Technology has determined the Fourth
Quarter 1996 data processing development charges to be $360,935 and the imaging
development charge to be $2,666 for the governmental fund County departments; and
WHEREAS direct charges to non-governmental fund departments and non-County
agencies are $534,068 for the Fourth Quarter 1996; and
WHEREAS an appropriation transfer to governmental fund County departments
is needed to fund these development charges.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
has reviewed the Fourth Quarter 1996 Data Processing Development and approves the
fourth quarter appropriation transfer.
Chairperson, on behalf of the Strategic Planning Committee, I move the
adoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
FISCAL NOTE (Misc. #97020)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - FOURTH QUARTER 1996 DEVELOPMENT
APPROPRIATION TRANSFER
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 the above-referenced resolution and finds:
1. Information Technology has completed fourth quarter Data Processing
Development for governmental fund County departments and requests an
appropriation transfer to the user departments.
2. The transfer has been reviewed by the Strategic Planning Committee.
3. The 1996 Budget should be amended, per the attached document
entitled Information Technology Data Processing Development Summary.
4. 1996 Fourth Quarter Development for the 100% Tax Payment Fund equals
$226,913. This amount reflects a direct reduction of the
Information Technology Professional Services line-item which was not
budgeted. The following budget amendment is required to restore the
line-item:
Revenue
3-63600-181-01-00-2349 Non-Govt. Develop. $226,913
Expense
4-63600-182-01-00-3128 Professional Serv. $226,913
$ -0-
FINANCE AND PERSONNEL COMMITTEE
Copy of Information Technology Data Processing Development Summary, 4th
Quarter 1996 on file in County Clerk=s office.
Moved by Powers supported by Wolf the resolution be adopted.
AYES: Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, McCulloch,
Millard, Moffitt, Obrecht, Palmer. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97021
BY: Strategic Planning Committee, Dennis Powers, Chairperson
Commissioners Minutes Continued. March 6, 1997
76
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - FOURTH QUARTER 1996 BUDGET
AMENDMENTS FOR APPROVED OFFICE AUTOMATION PROJECTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #94009 (Department of Computer Services -
Approval of Inventory Pool for Automation Equipment) specifies that, on a
quarterly basis, budget amendments will be presented in resolution form
summarizing the impact on Information Technology and user departments' budgets
for office automation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves amendments to the 1996, Fiscal Year 1997, Fiscal Year 1997/1998 Biennial
Budget as detailed in the attached Information Technology Office Automation
Schedule for projects approved in the fourth quarter of 1996.
Chairperson, on behalf of the Strategic Planning Committee, I move the
adoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
Copy of Information Technology=s Office Automation Schedule - Fourth
Quarter 1996, on file in the County Clerk=s office.
FISCAL NOTE (Misc. #97021)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - FOURTH QUARTER 1996 BUDGET
AMENDMENTS FOR APPROVED OFFICE AUTOMATION PROJECTS
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 the above-referenced resolution and finds:
1. The Strategic Planning Committee has approved various office
automation projects during the fourth quarter of 1996.
2. The cost, to the governmental funds, of implementing and operating
the new technology is $12,747 in 1996, $25,803 in Fiscal Year 1997,
and is projected to be $34,404 in Fiscal Year 1997/1998, as detailed
on the attached schedule.
3. Funds are available in the non-departmental Office Automation
account to cover the cost to the governmental funds. The 1996,
Fiscal Year 1997 and Fiscal Year 1998 budget should be amended, as
detailed on the attached schedule, to cover the cost of the approved
office automation projects.
FINANCE AND PERSONNEL COMMITTEE
Moved by Powers supported by Millard the resolution be adopted.
AYES: Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, Millard, Moffitt, Obrecht, Palmer, Pernick. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97047
BY: Strategic Planning Committee, Dennis Powers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - PURCHASE SERVICES TO COMPLY WITH
YEAR 2000 REQUIREMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Department of Information Technology's software portfolio
contains programs and data files with two-digit year dates and in the year 2000
or sooner these programs may not function correctly; and
WHEREAS the Department of Information Technology recommends establishment
of a fifteen (15) member Year 2000 Compliance Project Steering Committee,
composed of representatives of each and every County department; and
WHEREAS the Department of Information Technology has identified Compuware
Corporation of Farmington Hills, Michigan, as the preferred vendor as a result of
Commissioners Minutes Continued. March 6, 1997
77
the issuance of a request for proposal and evaluation of submitted proposals; and
WHEREAS the project is divided into two phases. Phase I - the Impact
Assessment Phase consists of preparation of a business plan to document the
tactical and strategic objectives for the Year 2000 conversion, an analysis of
current operating systems and risk assessment, as well as a detailed project plan
and cost for Phase II (Phase II - is the conversion of programs identified in
Phase I, testing and implementation of applications as Year 2000 compliant
systems); and
WHEREAS Phase I activities will be completed on a time and materials basis,
not to exceed the proposal price of $454,784 and the estimated cost of Phase II
is approximately $4.4 million; and
WHEREAS the County Executive recommends development of a plan to make
County software applications Year 2000 compliant.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Department of Information Technology to acquire a Professional
Services Contract in an amount not to exceed $454,784 for the purpose of
implementing Phase I of the Year 2000 Compliance Project.
BE IT FURTHER RESOLVED that the Department of Information Technology report
back the results of Phase I to the Strategic Planning Committee and request
additional authorization prior to proceeding with Phase II implementation.
Chairperson, on behalf of the Strategic Planning Committee, I move the
adoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
FISCAL NOTE (Misc. #97047)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - PURCHASE SERVICES TO COMPLY WITH
YEAR 2000 REQUIREMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, Finance and Personnel Committee has
reviewed the above-referenced resolution and finds:
1. In response to a Request for Proposal and subsequent evaluation, the
Department of Information Technology (DIT) recommends the selection
of Compuware Corporation of Farmington Hills, MI as the preferred
vendor to perform Phase I of the Year 2000 Compliance Project.
2. Phase I - the Impact Assessment Phase consists of preparation of a
business plan to document the tactical and strategic objectives of
the Year 2000 conversion, an analysis of current operating systems
and risk assessment, as well as a detailed project plan and cost for
Phase II. Phase II is the conversion of programs identified in
Phase I, testing and implementation of applications as Year 2000
compliant systems.
3. Phase I activities will be completed on a time and materials basis,
not to exceed the proposal price of $454,784 and the estimated cost
of Phase II is approximately $4.4 million.
4. The Finance and Personnel Committee finds the $454,784 for Phase I
contract available in the Professional Services Line-Item of the DIT
Budget, therefore no additional appropriation is necessary.
5. Results of Phase I will be reported back to the Strategic Planning
Committee with appropriate recommendations and request for
additional authorization before proceeding with Phase II.
FINANCE AND PERSONNEL COMMITTEE
Moved by Powers supported by Douglas the resolution be adopted.
AYES: Schmid, Taub, Wolf, Amos, Coleman, Devine, Douglas, Garfield,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
Millard, Moffitt, Obrecht, Palmer, Pernick, Powers. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97048
Commissioners Minutes Continued. March 6, 1997
78
BY: Strategic Planning Committee, Dennis Powers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - PURCHASE OF SERVICES TO DEVELOP
DISASTER RECOVERY PLAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Performance Evaluation and Operations Audit (PEOA) cites a
recommendation for implementation of a Disaster Recovery Plan to ensure continued
Information Technology operations in the event of a disaster; and
WHEREAS the Department of Information Technology has identified Dataguard
Recovery Services of Louisville, Kentucky as a result of the issuance of a
request for proposal and evaluation of submitted proposals; and
WHEREAS the estimated cost to develop the Disaster Recovery Plan is a total
of $490,170; and
WHEREAS there are available funds in the Information Technology Fund to
cover the cost of the Disaster Recovery Plan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Department of Information Technology to acquire a Professional
Services Contract for the purposes of developing a Disaster Recovery Plan.
Chairperson, on behalf of the Strategic Planning Committee, I move the
adoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #97049
BY: Charles E. Palmer, County Commissioner, District #16
IN RE: DISTRICT COURT - AMENDMENT TO RESOLUTION #96263, RENOVATION AND LEASE OF
THE CITY OF TROY COMMUNITY CENTER FOR THE 52-4 DISTRICT COURT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Planning and Building Committee, on September 17, 1996,
authorized Facilities Management to negotiate with the City of Troy for
renovation and lease of the City of Troy=s Community Center, located at 519 West
Big Beaver Road, Troy, Michigan, for reuse as the new location for the 52-4
Division of the District Court; and
WHEREAS the option to renovate the City of Troy=s Community Center, as
opposed to the County purchasing and constructing a new facility, was deemed the
most cost-effective alternative; and the City of Troy had also offered the use of
a City facility for the District Court for at least a 20-year period of time;
and
WHEREAS by the adoption of Miscellaneous Resolution #96263, Oakland County
authorized an agreement with the City of Troy for the City to proceed with
design, receipt of bids and award of a construction contract for the renovation
and expansion of the City=s Community Center for the new location of the 52-4
District Court in accordance with Attachment A (affixed to Miscellaneous
Resolution #96263), and that Oakland County fund the cost of site work,
construction, engineering fees and furniture and equipment costs, not to exceed
$4,700,000 including contingency, advanced funding of $306,000 for engineering
design services, appropriated from the Capital Improvement Program so project
design and bidding could proceed, and that Oakland County and the City of Troy to
enter into an agreement for the County to lease the new Court facility for 20
years, plus a 5-year option to renew the lease, in accordance with Attachment B
(affixed to Miscellaneous Resolution #96263); and
WHEREAS the term Anot to exceed@ $4,700,000 has not been acceptable to the
City of Troy, and to assure the City that the County will not withdraw from the
project if costs exceed this amount, it is necessary to adopt an amendment to
Miscellaneous Resolution #96263.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby amend Miscellaneous Resolution #96263 in the first BE IT FURTHER
RESOLVED paragraph to delete the words Anot to exceed@, insert the words
Aestimated at@ and, in addition, accepts the City of Troy=s written
recommendation that the Oakland County Board of Commissioners will either modify
the scope of the project so that it comes in on budget and/or provide additional
Commissioners Minutes Continued. March 6, 1997
79
funding for the project and in any event the property will be used as a
functional District Court facility.
BE IT FURTHER RESOLVED that all resolutions and parts of resolutions
insofar as they may conflict with this resolution are hereby rescinded in whole
or in part, and that Miscellaneous Resolution #96263, is hereby amended to
conform with this resolution.
Chairperson, I move the adoption of the foregoing resolution.
Charles E. Palmer,
County Commissioner, District #16
Copy of attachments on file in the County Clerk=s office.
Moved by Palmer supported by Schmid the resolution be adopted.
Discussion followed.
Moved by Law supported by Pernick the resolution be amended by changing the
NOW THEREFORE BE IT RESOLVED paragraph to read as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby amend Miscellaneous Resolution #96263 in
the first BE IT FURTHER RESOLVED paragraph to delete the words Anot
to exceed@, and insert in its place the words Aestimated at@; and
BE IT FURTHER RESOLVED that in the event the cost of the
construction project exceeds the estimated amount of $4,700,000,
then the Board of Commissioners, in accordance with the City of
Troy=s written recommendation identified as #2 in its letter of
February 24, 1997 to John P. McCulloch, the County Board of
Commissioners will modify the scope of the project so that it comes
in on budget and/or provide additional funding for the project; and
BE IT FURTHER RESOLVED that in any event, the property will be
used as a functional District Court facility; and
AYES: Jensen, Law, Moffitt, Pernick, Powers. (5)
NAYS: Taub, Wolf, Amos, Coleman, Devine, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Millard,
Obrecht, Palmer, Schmid. (19)
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution:
AYES: Wolf, Amos, Coleman, Devine, Douglas, Garfield, Holbert, Huntoon,
Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard,
Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioner Pernick gave a report on the recent NACO conference he
attended.
MISCELLANEOUS RESOLUTION #97050
BY: John Garfield, Commissioner, District No. 9
IN RE: COMMUNITY CORRECTIONS DIVISION/COMMUNITY SERVICE UNIT - USE OF COUNTY
LAND AND COMMUNITY SERVICE OFFENDERS SENTENCED TO PERFORM COMMUNITY SERVICE HOURS
FOR TREE DISTRIBUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the opportunity exists to provide trees, free of charge, to Oakland
County Parks, communities, schools, and other public entities in Oakland County;
and
WHEREAS there is land that is owned by Oakland County and its agencies that
is available for the storage of trees prior to their being distributed to the
requesting entities; and
Commissioners Minutes Continued. March 6, 1997
80
WHEREAS State statute provides that sentenced probationers over the age of
18 years who are capable of performing manual labor can perform work for non-
profit charitable organizations and can perform lawful labor for the benefit of
the County; and
WHEREAS the distribution and planting of trees throughout the County would
contribute to the welfare of the citizens of Oakland County; and
WHEREAS the utilization of the Community Corrections Division/Community
Service Unit promotes the development of good work habits which assist in
enhancing the employability of these individuals.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby request that land be made available for tree storage and that
Community Service participants be utilized for the distribution of these trees.
BE IT FURTHER RESOLVED that all seedlings supplied will be planted in
Oakland County Parks and all trees not utilized by Oakland County Parks will be
made available to municipalities within the County.
Chairperson, I move adoption of the foregoing resolution.
John Garfield, District No. 9
The Chairperson referred the resolution to the Public Services Committee
and the Planning and Building Committee. There were no objections.
The meeting adjourned at 11:50 A.M. to the call of the Chair or
March 20, 1997 at 9:30 A.M.
LYNN D. ALLEN JOHN McCULLOCH
Clerk Chairperson