HomeMy WebLinkAboutMinutes - 1998.03.05 - 8246
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OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 5, 1998
Meeting called to order by Chairperson John McCulloch at 10:07 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf. (25)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner Sue Ann Douglas.
Pledge of Allegiance to the Flag.
Moved by Wolf supported by Jensen the minutes of the February 12, 1998
Board meeting be approved.
A sufficient majority having voted therefor, the minutes were approved, as
printed.
Moved by Wolf supported by Jacobs the rules be suspended and the agenda be
amended, as follows:
ITEMS ON PRINTED AGENDA
PERSONNEL COMMITTEE
b. Department of Information Technology - Proposals to Address
Recruitment, Retention and Year 2000 Projects
PUBLIC SERVICES COMMITTEE
a. Prosecuting Attorney - Grand Jury Appropriation
STRATEGIC PLANNING COMMITTEE
a. Board of Commissioners - Performance Strategies, Inc. - Contract
Extension
(Reason for suspension of Personnel Committee item b., Public Services Committee
item a. and Strategic Planning Committee item a.: Suspend Rule XII.E. Direct
Referral to the Finance Committee)
ITEM NOT ON PRINTED AGENDA
GENERAL GOVERNMENT COMMITTEE
f. Board of Commissioners= Standing Committee Revised Membership for
1998
(Reason for suspension of General Government Committee item f: Suspend Rule III.
5 Day Rule)
Commissioners Minutes Continued. March 5, 1998
33
AYES: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Clerk Lynn D. Allen read a communication from Chairperson John McCulloch
appointing Bradford Wilson to the Oakland County Historical Commission for a
three-year term ending January 1, 2000. There being no objections, the
appointment was confirmed.
Clerk Lynn D. Allen read a communication from Chairperson John McCulloch
appointing the following individuals to serve on the Oakland County Community
Development Citizens= Advisory Council for one-year terms ending
December 31, 1998:
LOCAL OFFICIALS: Michael McReynolds, Collin Walls, Cindy Smith,
Jim Caswell, Ron Cook, Bill Richards, Jr.
CITIZENS: Mary Ann Verdi-Hus, Ruth Coss, David Duda, Barbara Eschker,
William Wagoner, Dennis Keat, Thomas Stowell, Mary Ann Miller, Dorothy Webb,
Michelle Poeppe
COMMISSIONERS: Ruth Johnson, CAC Chairperson, Gilda Jacobs,
Ruel McPherson, Charles Palmer
There being no objections, the appointments were confirmed.
Representatives from the Oakland County Parenting Awareness Coalition (PAM)
gave a presentation in observance of Parenting Awareness Month.
Robert Nitz and Carol Vainer addressed the Board.
Chairperson McCulloch asked Joellen Perlman (Program Evaluation Director)
to look into getting more information on House Resolution 3206.
Chairperson McCulloch and Commissioner Jacobs welcomed newly-elected
Commissioner Vincent Gregory to the Board.
Commissioner Amos presented a Community Mental Health Services Board
update.
MISCELLANEOUS RESOLUTION #98023
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: TREASURER'S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT
1997 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 Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
Moved by Douglas supported by Kaczmar the resolution be adopted.
AYES: Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert,
Huntoon, Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. March 5, 1998
34
MISCELLANEOUS RESOLUTION #98024
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: TREASURER'S OFFICE AUTHORIZATION TO BORROW AGAINST DELINQUENT 1997 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 1997 to the County and the local
units (collectively, the "taxing units") that will have remained unpaid on
March 1, 1998 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 1998 General
Obligation Limited Tax Notes, in one or more series, in accordance with
Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206 and on the terms and
conditions set forth below.
NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners
as follows:
I.
GENERAL PROVISIONS
101. Establishment of 1998 Revolving Fund. In order to implement the
continuation of the Revolving Fund Program and in accordance with Act 206, the
County hereby establishes a 1998 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 1998 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.
Commissioners Minutes Continued. March 5, 1998
35
(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 1998 Delinquent Tax
Project Account and thereafter used to fund the whole or a part of the County's
1998 Tax Payment Account, 1998 Note Reserve Account and/or 1998 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 1998 Tax Payment Account, 1998 Note Reserve Account
and/or 1998 Note Payment Account, as provided in Article VII.
105. Treasurer's Order Authorizing Notes and Establishing Delinquent
Taxes. At or prior to the time any Notes are issued pursuant to this resolution,
the Treasurer, as authorized by Act 206, may issue a written order specifying the
amount and character of the Delinquent Taxes, the Article or Articles under which
the Notes are being issued and any other matters subject to the Treasurers
control under either this resolution or Act 206.
II.
FIXED MATURITY NOTES
201. Authority. At the option of the Treasurer, exercisable by written
order, Notes may be issued in accordance with this Article II. All reference to
"Notes" in Article II refers only to Notes issued pursuant to Article II, unless
otherwise specified.
202. Date. The Notes shall be dated as of the date of issue or as of such
earlier date specified by written order of the Treasurer.
203. Maturity and Amounts. Notes issued pursuant to this Article II shall
be structured in accordance with subsections (a) or (b) below as determined by
the Treasurer pursuant to written order.
(a) The first maturity of the Notes or of a series of the Notes
shall be determined by the Treasurer pursuant to written order, but shall not be
later than two years after the date of issue. Later maturities of the Notes
shall be on the first anniversary of the preceding maturity or on such earlier
date as the Treasurer may specify by written order. The Notes shall be
structured with the number of maturities determined by the Treasurer to be
necessary or appropriate, and the last maturity shall be scheduled for no later
than the fourth anniversary of the date of issue. The amount of each maturity
shall be set by the Treasurer when the amount of Delinquent Taxes is determined
by the Treasurer or when a reliable estimate of the Delinquent Taxes is available
to the Treasurer. In determining the exact amount of each maturity the Treasurer
shall consider the schedule of delinquent tax collections prepared for the tax
years 1993, 1994, 1995, 1996 and, if available, 1997, and the corollary schedule
setting forth the anticipated rate of collection of those Delinquent Taxes which
Commissioners Minutes Continued. March 5, 1998
36
are pledged to the repayment of the Notes. The amount of each maturity and the
scheduled maturity dates of the Notes shall be established to take into account
the dates on which the Treasurer reasonably anticipates the collection of such
Delinquent Taxes and shall allow for no more than a 10% variance between the debt
service payable on each maturity date. The Notes, and the anticipated amount of
pledged monies available on such maturity date to make payment of such debt
service.
(b) Alternatively, the Notes or a series of the Notes may be
structured with a single stated maturity falling not later than the fourth
anniversary of the date of issue. Notes issued under this subsection (b) shall
be subject to redemption on such terms consistent with Section 209 as shall be
ordered by the Treasurer, but in no event shall such Notes be subject to
redemption less frequently than annually.
204. Interest Rate and Date of Record.
(a) Except as otherwise provided in this paragraph, Notes
issued pursuant to subsection (a) of Section 203 shall bear interest
payable semi-annually, with the first interest payment to be payable (i) on the
first date, after issuance, corresponding to the day and month on which the
maturity of such Notes falls, or (ii) if the Treasurer so orders, six months
before such date. In the event (i) any maturity of the Notes arises either less
than six months before the succeeding maturity date or less than six months after
the preceding maturity date and (ii) the Treasurer so orders in writing, interest
on the Notes shall be payable on such succeeding or preceding maturity date.
Subject to the following sentence, Notes issued pursuant to subsection (b) of
Section 203 shall, pursuant to written order of the Treasurer, bear interest
monthly, quarterly, or semiannually, as provided by written order of the
Treasurer. If Notes issued under this Article II are sold with a variable rate
feature as provided in Article IV, such Notes may, pursuant to written order of
the Treasurer, bear interest weekly, monthly, quarterly or on any put date, or
any combination of the foregoing, as provided by written order of the Treasurer.
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the registered
owner of each Note as of the applicable date of record, provided, however, that
the Treasurer may agree with the Registrar (as defined below) on a different
method of payment.
(d) Subject to Section 403 in the case of variable rate Notes, the
date of record shall be not fewer than 14 nor more than 31 days before the date
of payment, as designated by the Treasurer prior to the sale of the Notes.
205. Note Form. The form of Note shall be consistent with the
prescriptions of this resolution and shall reflect all material terms of the
Notes. Unless the Treasurer shall by written order specify the contrary, the
Notes shall be issued in fully registered form both as to principal and interest,
registrable upon the books of a note registrar (the "Registrar") to be named by
the Treasurer. If the Notes are issued in bearer form the Treasurer shall
appoint a paying agent (the "Paying Agent"). (The Registrar or Paying Agent so
named may be any bank or trust company or other entity, including the County,
offering the necessary services pertaining to the registration and transfer of
negotiable securities.)
206. Denominations and Numbers. The Notes shall be issued in one or more
denomination or denominations of $1,000 each or any integral multiple of $1,000
in excess of $1,000, as determined by the Treasurer. Notwithstanding the
foregoing, however, in the event the Notes are deposited under a book entry
depository trust arrangement pursuant to Section 208, the Notes shall, if
required by the depository trustee, be issued in denominations of $5,000 each or
any integral multiple of $5,000. The Notes shall be numbered from one upwards,
regardless of maturity, in such order as the Registrar shall determine.
207. Transfer or Exchange of Notes.
(a) Notes issued in registered form shall be transferrable on a
note register maintained with respect to the Notes upon surrender of the
transferred Note, together with an assignment executed by the registered owner or
his or her duly authorized attorney-in-fact in form satisfactory to the
Registrar. Upon receipt of a properly assigned Note, the Registrar shall
authenticate and deliver a new Note or Notes in equal aggregate principal amount
and like interest rate and maturity to the designated transferee or transferees.
Commissioners Minutes Continued. March 5, 1998
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(b) Notes may likewise be exchanged for one or more other Notes
with the same interest rate and maturity in authorized denominations aggregating
the same principal amount as the Note or Notes being exchanged, upon surrender of
the Note or Notes and the submission of written instructions to the Registrar or,
in the case of bearer Notes, to the Paying Agent. Upon receipt of a Note with
proper written instructions the Registrar or Paying Agent shall authenticate and
deliver a new Note or Notes to the owner thereof or to owner's attorney-in-fact.
(c) Any service charge made by the Registrar or Paying Agent for
any such registration, transfer or exchange shall be paid for by the County as an
expense of borrowing, unless otherwise agreed by the Treasurer and the Registrar
or Paying Agent. The Registrar or Paying Agent may, however, require payment by
a noteholder of a sum sufficient to cover any tax or other governmental charge
payable in connection with any such registration, transfer or exchange.
208. Book Entry Depository Trust. At the option of the Treasurer, and
notwithstanding any contrary provision of Section 212, the Notes may be
deposited, in whole or in part, with a depository trustee designated by the
Treasurer who shall transfer ownership of interests in the Notes by book entry
and who shall issue depository trust receipts or acknowledgments to owners of
interests in the Notes. Such book entry depository trust arrangement, and the
form of depository trust receipts or acknowledgments, shall be as determined by
the Treasurer after consultation with the depository trustee. The Treasurer is
authorized to enter into any depository trust agreement on behalf of the County
upon such terms and conditions as the Treasurer shall deem appropriate and not
otherwise prohibited by the terms of this resolution. The depository trustee may
be the same as the Registrar otherwise named by the Treasurer, and the Notes may
be transferred in part by depository trust and in part by transfer of physical
certificates as the Treasurer may determine.
209. Redemption.
(a) Subject to the authority granted the Treasurer pursuant to
subsection (c) of this Section (in the case of fixed rate Notes) and to the
authority granted the Treasurer pursuant to Section 404 (in the case of variable
rate Notes), the Notes or any maturity or maturities of the Notes shall be
subject to redemption prior to maturity on the terms set forth in subsection (b)
below.
(b) Notes scheduled to mature after the first date on which any
Notes of the series are scheduled to mature shall be subject to redemption, in
inverse order of maturity, on each interest payment date arising after the date
of issue.
(c) If the Treasurer shall determine such action necessary to
enhance the marketability of the Notes or to reduce the interest rate to be
offered by perspective purchasers on any maturity of the Notes, the Treasurer
may, by written order prior to the issuance of such Notes, (i) designate some or
all of the Notes as non-callable, regardless of their maturity date, and/or (ii)
delay the first date on which the redemption of callable Notes would otherwise be
authorized under subsection (b) above.
(d) Notes of any maturity subject to redemption may be redeemed
before their scheduled maturity date, in whole or in part, on any permitted
redemption date or dates, subject to the written order of the Treasurer. Notes
called for redemption shall be redeemed at par, plus accrued interest to the
redemption date, plus, if the Treasurer so orders, a premium of not more than 1%.
Redemption may be made by lot or pro rata, as shall be determined by the
Treasurer.
(e) With respect to partial redemptions, any portion of a Note
outstanding in a denomination larger than the minimum authorized denomination may
be redeemed, provided such portion as well as the amount not being redeemed
constitute authorized denominations. In the event less than the entire principal
amount of a Note is called for redemption, the Registrar or Paying Agent shall,
upon surrender of the Note by the owner thereof, authenticate and deliver to the
owner a new Note in the principal amount of the principal portion not redeemed.
(f) Notice of redemption shall be by first class mail 30 days
prior to the date fixed for redemption, or such shorter time prior to the date
fixed for redemption as may be consented to by the holders of all outstanding
Notes to be called for redemption. Such notice shall fix the date of record with
respect to the redemption if different than otherwise provided in this
resolution. Any defect in any notice shall not affect the validity of the
Commissioners Minutes Continued. March 5, 1998
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redemption proceedings. Notes so called for redemption shall not bear interest
after the date fixed for redemption, provided funds are on hand with a paying
agent to redeem the same.
210. Discount. At the option of the Treasurer, the Notes may be offered
for sale at a discount not to exceed 2%.
211. Public or Private Sale. The Treasurer may, at the Treasurer's
option, conduct a public sale of the Notes after which sale the Treasurer shall
either award the Notes to the lowest bidder or reject all bids. The conditions
of sale shall be as specified in a published Notice of Sale prepared by the
Treasurer announcing the principal terms of the Notes and the offering.
Alternatively, the Treasurer may, at the Treasurer's option, negotiate a private
sale of the Notes as provided in Act 206. If required by law, or if otherwise
determined by the Treasurer to be in the best interest of the County, (a) the
Notes shall be rated by a national rating agency selected by the Treasurer, (b) a
good faith deposit shall be required of the winning bidder, and/or (c) CUSIP
numbers shall be assigned to the Notes. If a public sale is conducted or if
otherwise required by law or the purchaser of the Notes, the Treasurer shall
prepare or cause to be prepared and disseminated an offering memorandum or
official statement containing all material terms of the offer and sale of the
Notes. Pursuant to any sale of the Notes, the County shall make such filings,
shall solicit such information and shall obtain such governmental approvals as
shall be required pursuant to any state or federal law respecting back-up income
tax withholding, securities regulation, original issue discount or other
regulated matter.
212. Execution and Delivery. The Treasurer is authorized and directed to
execute the Notes on behalf of the County by manual or facsimile signature,
provided that if the facsimile signature is used the Notes shall be authenticated
by the Registrar or any tender agent as may be appointed pursuant to
Section 801(c). The Notes shall be sealed with the County seal or imprinted with
a facsimile of such seal. The Treasurer is authorized and directed to then
deliver the Notes to the purchaser thereof upon receipt of the purchase price.
The Notes shall be delivered at the expense of the County in such city or cities
as may be designated by the Treasurer.
213. Renewal, Refunding or Advance Refunding Notes. If at any time it
appears to be in the best interests of the County, the Treasurer, by written
order, may authorize the issuance of renewal, refunding or advance refunding
Notes. The terms of such Notes, and the procedures incidental to their issuance,
shall be set subject to Section 309 and, in appropriate cases, Article X.
III.
SHORT TERM RENEWABLE NOTES
301. Authority. At the option of the Treasurer, exercisable by written
order, Notes may be issued in accordance with this Article III. All references
to "Notes" in Article III refer only to Notes issued pursuant to Article III,
unless otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of
issuance or any prior date selected by the Treasurer, and each issuance thereof
shall mature on such date or dates not exceeding one year from the date of their
issuance as may be specified by written order of the Treasurer.
303. Interest and Date of Record. The Notes shall bear interest payable
at maturity at such rate or rates as may be determined by the Treasurer not
exceeding the maximum rate of interest permitted by law on the date the Notes are
issued. The date of record shall be not fewer than two nor more than 31 days
before the date of payment, as designated by the Treasurer prior to the sale of
the Notes.
304. Note Form. The form of Note shall be consistent with the
prescriptions of this resolution and shall reflect all material terms of the
Notes. The Notes shall, in the discretion of the Treasurer and consistent with
Section 205, either be payable to bearer or be issued in registered form. If
issued in registered form, the Notes may be constituted as book-entry securities
consistent with Section 208, notwithstanding any contrary provision of
Section 308.
305. Denomination and Numbers. The Notes shall be issued in one or more
denomination or denominations, as determined by the Treasurer. The Notes shall
be numbered from one upwards in such order as the Treasurer determines.
306. Redemption. The Notes shall not be subject to redemption prior to
Commissioners Minutes Continued. March 5, 1998
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maturity.
307. Sale of Notes. The authority and obligations of the Treasurer set
forth in Sections 210 and 211 respecting Fixed Maturity Notes shall apply also to
Notes issued under Article III.
308. Execution and Delivery. The authority and obligations of the
Treasurer set forth in Section 212 respecting Fixed Maturity Notes shall also
apply to Notes issued under Article III.
309. Renewal or Refunding Notes.
(a) The Treasurer may by written order authorize the issuance of
renewal or refunding Notes (collectively the "Renewal Notes"). Renewal Notes
shall be sold on the maturity date of, and the proceeds of the Renewal Notes
shall be applied to the payment of debt service on, Notes to be renewed. The
maturities and repayment terms of the Renewal Notes shall be set by written order
of the Treasurer.
(b) In the order authorizing Renewal Notes, the Treasurer shall
specify whether the Notes shall be issued in accordance with this Article III, in
which event the provisions of Article III shall govern the issuance of the Notes,
or whether the Notes shall be issued in accordance with Article II, in which
event the provisions of Article II shall govern the issuance of the Notes. The
order shall also provide for and shall also govern with respect to:
(i) the aggregate amount of the Renewal Notes;
(ii) the date of the Renewal Notes;
(iii) the denominations of the Renewal Notes;
(iv) the interest payment dates of the Renewal Notes;
(v) the maturity or maturities of the Renewal Notes;
(vi) the terms of sale of the Renewal Notes;
(vii) whether any Renewal Notes issued in accordance with
Article II shall be subject to redemption and, if so, the
terms thereof; and
(viii) any other terms of the Renewal Notes consistent with, but
not specified in, Article II or Article III.
(c) Regardless of whether Renewal Notes need be approved by prior
order of the Department of Treasury, the Treasurer, pursuant to Section 89(5)(d)
of Act 206, shall promptly report to the Department of Treasury the issuance of
any Renewal Notes.
IV.
VARIABLE INTEREST RATE
401. Variable Rate Option. At the option of the Treasurer, exercisable by
written order, the Notes, whether issued pursuant to Article II or Article III,
may be issued with a variable interest rate, provided that the rate shall not
exceed the maximum rate of interest permitted by law.
402. Determination of Rate. The order of the Treasurer shall provide how
often the variable interest rate shall be subject to recalculation, the formula
or procedure for determining the variable interest rate, whether and on what
terms the rate shall be determined by a remarketing agent in the case of demand
obligations consistent with Section 801(d), and whether and on what terms a fixed
rate of interest may be converted to or from a variable rate of interest. Such
formula or procedure shall be as determined by the Treasurer, but shall track or
float within a specified percentage band around the rates generated by any one or
more of the following indices:
(i) Publicly reported prices or yields of obligations of the
United States of America;
(ii) An index of municipal obligations periodically reported
by a nationally recognized source;
(iii) The prime lending rate from time to time set by any bank
or trust company in the United States with unimpaired
capital and surplus exceeding $40,000,000;
(iv) Any other rate or index that may be designated by order
of the Treasurer provided such rate or index is set or
reported by a source which is independent of and not
controlled by the Treasurer or the County.
The procedure for determining the variable rate may involve one or more of the
above indices as alternatives or may involve the setting of the rate by a
municipal bond specialist provided such rate shall be within a stated percentage
range of one or more of the indices set forth above.
Commissioners Minutes Continued. March 5, 1998
40
403. Date of Record. The Date of Record shall be not fewer than one nor
more than 31 days before the date of payment, as designated by written order of
the Treasurer.
404. Redemption. Notwithstanding any contrary provision of subsections
(b) and (c) of Section 209, but subject to the last sentence of this Section 404,
Notes bearing interest at a variable rate may be subject to redemption by the
County and/or put by the holder at any time or times and in any order, as may be
determined pursuant to written order of the Treasurer. Notes shall not be
subject to redemption more frequently than monthly.
405. Remarketing, Repurchase and Resale.
(a) In the event Notes issued under this Article IV are
constituted as demand obligations, the interest rate on the Notes shall be
governed by, and shall be subject to, remarketing by a remarketing agent
appointed in accordance with Section 801(c), under the terms of a put agreement
employed in accordance with Section 801(d).
(b) The County shall be authorized, consistent with Act 206 and
pursuant to order of the Treasurer, to participate in the repurchase and resale
of Notes in order to reduce the cost of, or increase the revenue, attendant to
the establishment of the Revolving Fund and the issuance and discharge of the
Notes. Any purchase of Notes pursuant to this subsection (b) shall be made with
unpledged monies drawn from revolving funds established by the County in
connection with retired general obligation limited tax notes.
V.
MULTIPLE SERIES
501. Issuance of Multiple Series. At the option of the Treasurer,
exercisable by written order, the Notes issued under Article II, Article III or
Article X may be issued in two or more individually designated series. Each
series shall bear its own rate of interest, which may be fixed or variable in
accordance with Article IV. Various series need not be issued at the same time
and may be issued from time to time in the discretion of the Treasurer
exercisable by written order. In determining the dates of issuance of the
respective series, the Treasurer shall consider, among other pertinent factors,
the impact the dates selected may have on the marketability, rating and/or
qualification for credit support or liquidity support for, or insurance of, the
Notes. The Notes of each such series shall be issued according to this
resolution in all respects (and the term "Notes" shall be deemed to include each
series of Notes throughout this Resolution), provided that:
(a) The aggregate principal amount of the Notes of all series
shall not exceed the maximum aggregate amount permitted under Section 103;
(b) Each series shall be issued pursuant to Article II or
Article III, and different series may be issued pursuant to different Articles;
(c) Each series shall be issued pursuant to Section 502 or
Section 503, and different series may be issued pursuant to different Sections;
(d) A series may be issued under Article II for one, two, or three
of the annual maturities set forth in Article II with the balance of the annual
maturities being issued under Article II or under Article III in one or more
other series, provided that the minimum annual maturities set forth in
Section 203 shall be reduced and applied pro rata to all Notes so issued; and
(e) The Notes of all series issued pursuant to Article II above
shall not, in aggregate, mature in amounts or on dates exceeding the maximum
authorized maturities set forth in Section 203.
502. Series Secured Pari Passu. If the Notes are issued in multiple
series pursuant to this Article V, each series of Notes may, by written order of
the Treasurer, be secured pari passu with the other by the security described in
and the amounts pledged by Article VII below. Moreover, such security may,
pursuant to further order of the Treasurer, be segregated in accordance with the
following provisions.
(a) The Treasurer may by written order establish separate sub-
accounts in the County's 1998 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 1998 Note Payment Account for each series of Notes, and
Commissioners Minutes Continued. March 5, 1998
41
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 1998 Note Payment Account allocated to each
sub-account may be set equal to the percentage that Notes
issued in the corresponding series bears to all Notes
issued under this resolution or to any other percentage
designated by the Treasurer pursuant to written order;
provided that if the various series are issued at
different times or if the various series are structured
with different maturity dates, (I) sums deposited in the
Note Payment Account prior to the issuance of one or more
series may upon the issuance of each such series be
reallocated among the various sub-accounts established
under Subsection (b) above to achieve a balance among the
sub-accounts proportionate to the designated percentage
allocation, and/or (II) deposits to the Note Payment
Account may be allocated among the sub-accounts according
to the total amount of debt service that will actually be
paid from the respective sub-accounts.
(ii) Alternatively, the Treasurer may, by written order, rank
the sub-accounts established under Subsection (b) above
in order of priority, and specify that each such sub-
account shall receive deposits only after all sub-
accounts having a higher priority have received deposits
sufficient to discharge all (or any specified percentage
of) Notes whose series corresponds to any of the sub-
accounts having priority.
(d) In the absence of a written order of the Treasurer to the
contrary, the amounts in each sub-account established pursuant to
this Section 502 shall secure only the Notes issued in the series for which such
sub-account was established, until such Notes and interest on such Notes are paid
in full, after which the amounts in such sub-account may, pursuant to written
order of the Treasurer, be added pro rata to the amounts in the other sub-
accounts and thereafter used as part of such other sub-accounts to secure all
Notes and interest on such Notes for which such other sub-accounts were created,
until paid in full. Alternatively, amounts held in two or more sub-accounts
within either the Note Reserve Account or the Note Payment Account may be
commingled, and if commingled shall be held pari passu for the benefit of the
holders of each series of Notes pertaining to the relevant sub-accounts.
503. Series Independently Secured. If the Notes are issued in multiple
series pursuant to this Article V, each series of Notes may, by written order of
the Treasurer, be independently secured in accordance with this Section 503.
(a) Each series of Notes shall pertain to one or more taxing
units, as designated by the Treasurer pursuant to written order, and no two
series of Notes shall pertain to the same taxing unit. A school district,
intermediate school district, or community college district extending beyond the
boundaries of a city in which it is located may, pursuant to written order of the
Treasurer, be subdivided along the boundaries of one or more cities and each such
subdivision shall be deemed a taxing unit for purposes of this Section 503.
(b) Separate sub-accounts shall be established in the County's
1998 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
1998 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
Commissioners Minutes Continued. March 5, 1998
42
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
1998 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 1998 Delinquent Tax Project Account (the "Project
Account") shall be established by the Treasurer as a separate and distinct fund
of the County within its general fund. The Project Account shall receive all
proceeds from the sale of the Notes, including any premium or accrued interest
received at the time of sale. The Project Account shall be held in trust by an
escrow agent until the monies therein are disbursed in accordance with this
Article VII. The escrow agent shall be a commercial bank, shall be located in
Michigan, shall have authority to exercise trust powers, and shall have a net
worth in excess of $25,000,000. The form and content of the agreement between
the County and the escrow agent shall be approved by the Treasurer. Subject to
the following sentence, monies deposited in the Project Account shall be expended
only (i) for the purpose of funding the Tax Payment Account established under
Section 702 and (ii) to the extent permitted by Act 206, for the purpose of
paying the expenses of the offering of the Notes. In the event the Treasurer by
written order so directs, additional funding of the Project Account may be
undertaken, and any surplus proceeds remaining in the Project Account after the
Treasurer has completed the funding of the Tax Payment Account may be transferred
to either the 1998 Note Reserve Account created under Section 703 or the 1998
Note Payment Account created under Section 704. Monies in the Project Account
may be disbursed by the escrow agent to the County's 1998 Tax Payment Account at
any time and from time to time, upon receipt of a written requisition signed by
the Treasurer.
702. 1998 Tax Payment Account. The County's 1998 Tax Payment Account (the
"Tax Payment Account") is hereby established as a distinct account within the
Commissioners Minutes Continued. March 5, 1998
43
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. 1998 Note Reserve Account. In the event funding is provided as
described in this Section 703, the Treasurer shall establish a 1998 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 1998 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. 1998 Note Payment Account.
(a) The County's 1998 Note Payment Account is hereby established
as a distinct account within the Revolving Fund. (The County's 1998 Note Payment
Account, as supplemented by monies held in any interim account that are
designated for transfer to the 1998 Note Payment Account, is herein referred to
as the "Note Payment Account".) The Treasurer is directed to deposit into the
Note Payment Account, promptly on receipt, those amounts described below in
Paragraphs (i), (ii), (iv), and (v) that are not excluded pursuant to Subsection
(c) below. Furthermore, the Treasurer may, by written order, deposit into the
Note Payment Account all or any portion of the amounts described below in
Paragraph (iii).
(i) All Delinquent Taxes.
(ii) All statutory interest on the Delinquent Taxes.
(iii) All property tax administration fees on the Delinquent
Taxes, net of any amounts applied toward the expenses of
this borrowing.
(iv) Any amounts that are received by the Treasurer from the
taxing units within the County because of the
Commissioners Minutes Continued. March 5, 1998
44
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, 1998, and only those sums payable to the
Note Payment Account and received by the County after the
cut-off date shall be applied to the Note Payment
Account.
(d) The Treasurer may by written order provide that at such time as
sufficient funds shall have been deposited into the Note Payment Account to pay
all remaining amounts owed under the Notes the pledge on any additional monies
otherwise payable to the Note Payment Account shall be discharged and such monies
shall not be deposited into the Note Payment Account or otherwise pledged toward
payment of the Notes.
(e) The Treasurer may by written order provide that in the event
Notes are issued pursuant to Article III, amounts that would otherwise be
included in the Note Payment Account or the Note Reserve Account (or any sub-
account therein for a particular series of Notes) shall not include any amounts
received by the County prior to the latest maturity date of any series of Notes
previously issued under Article II and/or Article III.
705. Limited Tax General Obligation and Pledge.
(a) The Notes shall be the general obligation of the County,
backed by the County's full faith and credit, the County's tax obligation (within
applicable constitutional and statutory limits) and the County's general funds.
The County budget shall provide that if the pledged monies are not collected in
sufficient amounts to meet the payments of the principal and interest due on the
Notes, the County, before paying any other budgeted amounts, shall promptly
advance from its general funds sufficient monies to pay such principal and
interest.
(b) In addition, the monies listed below are pledged to the
repayment of the Notes and, subject to Section 901, shall be used solely for
repayment of the Notes until the principal of, premium (if any) and interest on
the Notes are paid in full:
(i) All amounts deposited or earned in any Project Account, until
disbursed in accordance with Section 701;
(ii) All net proceeds from the sale of the Notes deposited or
earned in the Tax Payment Account, until disbursed in
accordance with Section 702;
(iii) All amounts deposited in the Note Payment Account
pursuant to Section 704(a);
(iv) All amounts deposited in the Note Reserve Account;
(v) All amounts earned from the investment of monies held in the
Note Payment Account or the Note Reserve Account; and
(vi) Any supplemental monies placed in the Note Payment
Account and drawn in the discretion of the Treasurer from
Commissioners Minutes Continued. March 5, 1998
45
unpledged sums on the revolving funds, which pledge shall
be subject to such limitations or exceptions as shall be
set forth in the written order of the Treasurer.
(c) If the Notes shall be issued in various series pursuant to
Article V, this pledge shall in the case of any independently secured series
extend only to monies in accounts or sub-accounts pertaining to the particular
series.
(d) If the amounts so pledged are not sufficient to pay the
principal and interest when due, the County shall pay the same from its general
funds or other available sources. Pursuant to written order of the Treasurer,
the County may later reimburse itself for such payments from the Delinquent Taxes
collected.
706. Security for Renewal, Refunding or Advance Refunding Notes. Renewal,
refunding, or advance refunding Notes shall be secured by all or any portion of
the same security securing the Notes being renewed, refunded or advance refunded.
The monies pledged in Section 705 for the repayment of the Notes are also
pledged for the repayment of the principal of, premium, if any, and interest on
any renewal, refunding, or advance refunding Notes issued pursuant to this
resolution, and any such renewal, refunding, or advance refunding Notes shall be
the general obligation of the County, backed by its full faith and credit, which
shall include the tax obligation of the County, within applicable constitutional
and statutory limits.
707. Use of Funds after Full Payment or Provisions for Payment. After all
principal of, premium, if any, and interest on the Notes have been paid in full
or provision therefor by investments of pledged amounts in direct noncallable
obligations of the United States of America in amounts and with maturities
sufficient to pay all such principal, premium, if any, and interest when due, any
further collection of Delinquent Taxes and all excess monies in any fund or
account of the Revolving Fund, and any interest or income on any such amounts,
may, pursuant to written order of the Treasurer and subject to Article V, be used
for any proper purpose within the Revolving Fund including the securing of
subsequent issues of notes.
VIII.
SUPPLEMENTAL AGREEMENTS
801. Supplemental Agreements and Documents. The Treasurer, on behalf of
the County, is authorized to enter into any or all of the following agreements or
commitments as may, in the Treasurer's discretion, be necessary, desirable or
beneficial in connection with the issuance of the Notes, upon such terms and
conditions as the Treasurer may determine appropriate:
(a) A letter of credit, line of credit, repurchase agreement, note
insurance, or similar instrument, providing backup liquidity and/or credit
support for the Notes;
(b) A reimbursement agreement, revolving credit agreement,
revolving credit note, or similar instrument, setting forth repayments of and
security for amounts drawn under the letter of credit, line of credit, repurchase
agreement or similar instrument;
(c) A marketing, remarketing, placement, authenticating, paying or
tender agent agreement or dealer agreement designating a marketing, remarketing,
authenticating, paying, tender or placement agent or dealer and prescribing the
duties of such person or persons with respect to the Notes; and
(d) A put agreement or provision allowing the purchaser of the
Notes to require the County to repurchase the Notes upon demand at such times as
may be provided in such put agreement or provision.
(e) An agreement to use amounts formerly pledged to other years
borrowings as security for the Notes when no longer so pledged.
802. Revolving Credit Notes. If the Treasurer enters into a revolving
credit agreement (the "Agreement") pursuant to Section 801 above, the Agreement
may call for the issuance of one or more revolving credit notes (the "Revolving
Credit Notes") for the purpose of renewing all or part of maturing Notes or Notes
that have been put pursuant to a put agreement or provision. Such Revolving
Credit Notes shall be issued pursuant to Article II or III, as appropriate, and
in accordance with the following provisions:
(a) Interest on the Revolving Credit Notes may be payable on
maturity, on prior redemption, monthly, bi-monthly, quarterly, or as otherwise
Commissioners Minutes Continued. March 5, 1998
46
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 1998 Note Payment Account no
later than five weeks prior to the final maturity of the Notes. This Section 905
shall not be construed to limit the authority of the Treasurer under State law to
charge back under other circumstances or at other times.
907. Investments. The Treasurer is authorized to invest all monies in the
Project Account, in the Revolving Fund or in any account or sub-account therein
that is established pursuant to this resolution in any one or more of the
investments authorized as lawful investments for counties under Act No. 20,
Public Acts of 1943, as amended. The Treasurer is further authorized to enter
into a contract on behalf of the County under the Surplus Funds Investment Pool
Act, Act No. 367, Michigan Public Acts of 1982, as amended, and to invest in any
investment pool created thereby monies held in the Project Account, in the
Revolving Fund, or in any account or sub-account therein which is established
pursuant to this resolution.
908. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is
mutilated, lost, stolen, or destroyed, the Treasurer may, on behalf of the
County, execute and deliver, or order the Registrar or Paying Agent to
authenticate and deliver, a new Note having a number not then outstanding, of
like date, maturity and denomination as that mutilated, lost, stolen or
destroyed. In the case of a mutilated Note, a replacement Note shall not be
Commissioners Minutes Continued. March 5, 1998
47
delivered unless and until such mutilated Note is surrendered to the Treasurer or
the Registrar or Paying Agent. In the case of a lost, stolen, or destroyed Note,
a replacement Note shall not be delivered unless and until the Treasurer and the
Registrar or Paying Agent shall have received such proof of ownership and loss
and indemnity as they determine to be sufficient.
ARTICLE X.
TAX-EXEMPT NOTES OR REFUNDING
1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The
County acknowledges that the current state of Federal law precludes the issuance
of the Notes as obligations the interest on which is exempt from Federal income
tax. However, the County presently contemplates that anticipated amendments to
the Internal Revenue Code of 1986 (the "Code") and/or the Treasury Regulations
issued thereunder (the "Regulations") or a change in Michigan law changing the
character of the Notes may in the future permit the issuance of general
obligation limited tax notes on a tax-exempt basis, and, in view of
this expectation, the County, through the offices of the Treasurer, shall issue
tax-exempt notes or issue obligations to refund any or all outstanding Notes
issued as taxable obligations, at the time, on the terms, and to the extent set
forth in this Article X.
1002. Timing of Refunding. The aforementioned refunding obligations (the
"Refunding Notes") shall be issued after the effective date of any change in the
Code, Regulations, Internal Revenue Service pronouncements or judicial rulings
which, as confirmed by the written opinion of bond counsel, permit the refunding
of all or some of the outstanding Notes with proceeds from obligations the
interest on which is excluded from gross income for purposes of Federal income
tax.
1003. Extent of Refunding. Subject to the other provisions of this
Section 1003, the Refunding Notes shall refund all Notes outstanding at or after
the effective date of any change in the law described in Section 1002. This
Section 1003 shall not, however, be construed to require the refunding of any
Note prior to the time such Note may be refunded on a tax-exempt basis, nor shall
this Section 1003 be construed to require the refunding of any Note, if that
refunding would result in greater cost to the County (including interest expense,
professional fees and administrative outlays) than would arise if the Note were
to remain outstanding.
1004. Confirmatory Action. Subsequent to any change in the law described
in Section 1002, the Board shall convene to consider any terms of the Refunding
Bonds requiring specific ratification by the Board.
1005. Arbitrage Covenant and Tax Law Compliance. In the event tax-exempt
Notes or Refunding Notes are issued pursuant to this Article X, the following
covenants shall be observed by the County:
(i) the County will make no use of the proceeds of the Notes
or Refunding Notes and will undertake no other
intentional act with respect to the Notes or Refunding
Notes which, if such use or act had been reasonably
expected on the date of issuance of the Notes or
Refunding Notes or if such use or act were intentionally
made or undertaken after the date of issuance of the
Notes or Refunding Notes, would cause the Notes or
Refunding Notes to be "arbitrage bonds," as defined in
Section 148 of the Internal Revenue Code of 1986, as
amended (the "Code"), in the Regulations promulgated
under Sections 103 and 148 of the Code or in any
successor or supplementary provision of law hereinafter
promulgated,
(ii) the County will undertake all actions as shall be
necessary to maintain the Notes or Refunding Notes as
obligations the interest on which qualifies for the tax
exemption provided by Section 103(a) of the Code,
including, where appropriate and without limitation,
filing informational returns with the Secretary of
Treasury, keeping accurate account of all monies earned
in any fund, account or sub-account authorized by this
resolution or any resolution adopted in accordance with
Section 1004 above, certifying cumulative cash flow
Commissioners Minutes Continued. March 5, 1998
48
deficits of the County and the local units, and investing
any required portion of the gross proceeds of the Notes
or Refunding Notes, whether on behalf of the County or
the local units, in tax-exempt obligations or State and
Local Government Series obligations, and
(iii) the County will make timely payment to the United States
of any investment earnings, realized by the County on the
gross proceeds of the Notes or Refunding Notes, as may be
subject to rebate under Section 148(f) of the Code, and,
to the extent required under applicable law or deemed by
the Treasurer to be in the best interest of the County
pursuant to written order, the County's obligation to
make such payment to the United States shall also account
for excess investment earnings realized by local units on
all or a portion of the gross proceeds distributed to,
and held by, the local units pursuant to Section 702.
(iv) the Treasurer shall be directed to take such actions and
to enter into such agreements and certifications, on
behalf of the County, as the Treasurer shall deem
necessary or appropriate to comply with the foregoing
covenants.
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
Moved by Douglas supported by Gregory the resolution be adopted.
AYES: Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon,
Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt,
Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98025
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: PROSECUTING ATTORNEY - REQUEST TO PURCHASE CRIMINAL INVESTIGATION
EQUIPMENT WITH FORFEITED FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS funds in the amount of $84,959 (balance as of 1/31/98)
are currently deposited in the Prosecutor=s Law Enforcement Enhancement
account (41-231000-10000-2853-60054) from the reimbursement of expenses
associated with forfeiture proceedings; and
WHEREAS the Oakland County Prosecuting Attorney=s Office is requesting a
portion of these funds be used for the purchase of the equipment outlined on
Attachment A; and
WHEREAS this equipment will be utilized by the Prosecuting Attorney=s
Office to enhance law enforcement efforts.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
appropriates $4,448 from the Prosecuting Attorney=s Law Enforcement Enhancement
Account (41-231000-10000-2853-60054) and transfers same to the Prosecuting
Attorney=s Fiscal Year 1998 Adopted Budget as follows:
GENERAL FUND
Revenue
41-110000-30000-2340 Misc. Revenue $4,448
$4,448
Expenditure
41-213000-30000-2001 Expendable Equipment $1,823
41-213000-30000-9169 Misc. Capital Outlay 2,625
$4,448
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
Commissioners Minutes Continued. March 5, 1998
49
FINANCE COMMITTEE
Copy of Attachment A on file in the County Clerk=s office.
Moved by Douglas supported by Powers the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht,
Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98026
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF====S DEPARTMENT - 1998 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #95098, the Sheriff Department
applied to the Automobile Theft Prevention Authority (ATPA) for $450,362 in grant
funding for the period January 1, through December 31, 1998; and
WHEREAS the ATPA has awarded Oakland County with a calendar year 1998 grant
in the amount of $423,764 or 94% of the application amount; and
WHEREAS as detailed on the attached schedule, of the total award, $350,382
will fund Oakland County operations including four (4) Deputy II positions, this
is the same staffing level as the 1997 award; and
WHEREAS the remaining $73,482 will fund one (1) Police Officer and vehicle
for the City of Pontiac; and
WHEREAS the total program effort of $423,764 is funded by a $317,823 grant
from ATPA, $87,570 match from Oakland County and a $18,371 match from the City of
Pontiac; 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 acceptance of this grant does not obligate the County to any future
commitment; and
WHEREAS the grant agreement has been approved through the County
Executive=s Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the 1998 Automobile Theft Prevention Authority Grant in the amount of
$423,764 with a County match of $87,570 and a participating jurisdiction match of
$18,371.
BE IT FURTHER RESOLVED that the 1998 Grant Revenue and Expenditure Budget
be amended to reflect the 1998 award as detailed on the attached Schedule B.
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, including
personnel, is contingent upon continued grant funding for this program.
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
Copy of attached Schedules A and B on file in the County Clerk=s office.
Moved by Douglas supported by Coleman the resolution be adopted.
AYES: Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. March 5, 1998
50
MISCELLANEOUS RESOLUTION #98027
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: CIRCUIT COURT - USE OF MEDIATION FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #90177, the Board of Commissioners
established the Circuit Court Civil Mediation Fund; and
WHEREAS the fund is to be used to help pay for Circuit Court enhancements
and improvements as requested by the Circuit Court and approved by the Board of
Commissioners; and
WHEREAS the Court seeks to utilize the Mediation Fund for the following
purposes:
QUANTITY ITEM COST
1 Jury Room Tables 841.40
42 Jury Room Chairs 11,426.70
14 Juror Chairs (Courtroom) 7,412.86
2 Furniture for Judges= Chambers 22,307.35
3 Furniture for Judges= Secretaries 8,387.89
3 Furniture for Judges= Clerks 17,080.80
2 Furniture for Judges=
Judicial Staff Attorneys 715.78
1 Furniture for Judges= Court Reporters 4,015.00
4 Courtroom Furniture 4,875.06
1 Furniture for Court Administrator 2,395.00
1 Furniture for Video Clerk 4,015.00
7 Bookcases 4,808.23
8 File Cabinets 2,471.10
1 Jury Office Furniture 308.00
6 Wall Tracks & Tackboard 517.90
1 Articulating Keyboard 227.67
OCBA - Mediation Program Assistance 7,800.00
Bench/Bar Retreat 2,000.00
TOTAL MEDIATION FUND REQUEST $101,605.74
WHEREAS the total Civil Mediation Fund transfer for the above-referenced
items is estimated to be $101,606.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the use of $101,606 from the Circuit Court Civil Mediation Fund for the
above-referenced items.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT (Misc. #98001)
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: SENATE BILL 113 (SUPPORT) STRENGTHENING CHILD ABUSE LAW
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on February 23, 1998, 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
REPORT (Misc. #98001)
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: SENATE BILL 113 (SUPPORT) STRENGTHENING CHILD ABUSE LAWS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the above-referenced
resolution on February 24, 1998, recommends that the resolution be adopted urging
the State Legislature to strengthen child abuse laws and support Senate Bill 113
Commissioners Minutes Continued. March 5, 1998
51
in concept only.
Chairperson, on behalf of the Public Services Committee, I move the
acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION #98001
BY: Dennis Powers, District #10; Shelley Taub, District #12
IN RE: SENATE BILL 113 (SUPPORT) STRENGTHENING CHILD ABUSE LAWS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS developments in the last several decades have moved child abuse and
neglect from societal denial to a prominent place on the public agenda; and
WHEREAS in recognizing the physical and psychological damage caused to
children by abusive acts or failure to prevent those acts, our legislature has
created statutes to protect our children from harm; and
WHEREAS Senate Bill 113, sponsored by Senator Michael Bouchard, strengthens
law enforcement=s ability to arrest and prosecute those people who abuse and
neglect children, particularly those individuals who have a duty and
responsibility to protect and care for the children they abuse; and
WHEREAS Oakland County Prosecutor, David Gorcyca, has solicited our
assistance in petitioning the State Legislature to pass Senate Bill 113, so that
his office can more aggressively prosecute child abusers and those who recklessly
place children in harm=s way.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby request the State Legislature to act immediately to pass Senate
Bill 113.
BE IT FURTHER RESOLVED that certified copies of this resolution be sent to
all Oakland County Legislators, Governor Engler, Lt. Governor Binsfeld, Michigan
Association of Counties and the County=s legislative agents.
Chairperson, I move the adoption of the foregoing resolution.
Dennis N. Powers, Shelley G. Taub
Moved by Dingeldey supported by Taub the General Government Committee
Report and the Public Services Committee Report be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Dingeldey supported by Taub the resolution be adopted.
AYES: Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #98022)
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: BOARD OF COMMISSIONERS - (SUPPORT) COMMUNITY SERVICES BLOCK GRANT
REAUTHORIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on February 23, 1998, recommends approval of the attached suggested
resolution with the following amendment:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby support the reauthorization of the
Community Services Block Grant Program FOR FISCAL YEARS 1999-2002,
AS PREVIOUSLY AUTHORIZED AND ADMINISTERED, as a necessary component
to help implement welfare reform in our communities and urges the
Michigan Association of Counties and the National Association of
Counties to also support the reauthorization of the Community
Services Block Grant Program.
Chairperson, on behalf of the General Government Committee, I move the
Commissioners Minutes Continued. March 5, 1998
52
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #98022
BY: Donn Wolf, District #19; Nancy Dingeldey, District #11; Shelley Taub,
District #12; Ruel McPherson, District #25
IN RE: BOARD OF COMMISSIONERS - (SUPPORT) COMMUNITY SERVICES BLOCK GRANT
REAUTHORIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there are more than 1,135 local Community Action Agencies (CAA=s),
primarily private non-profit, serving more than 96% of all counties nationwide;
and
WHEREAS Community Action Agencies received $489.6 million in Community
Services Block Grant (CSBG) funding in Fiscal Year 1997; and
WHEREAS Community Action Agencies leveraged nearly $4 of state, local and
private resources for every $1 of CSBG funding; and
WHEREAS Community Action Agencies provide service to as many as 27% of
Americans living in poverty including individuals, families, children, working
poor or retired worker families; and
WHEREAS the Community Action Agency network utilized 25 million hours of
volunteer service, equivalent to more than 12,250 full time employees, which
would be worth in excess of $100 million at 1995 minimum wage levels; and
WHEREAS Community Action Agencies are required to have a tri-partite board
consisting of equal parts of private sector, public sector and low income
community representatives in order to collaborate on developing responses to
local needs; and
WHEREAS counties depend on the low-income services provided by the
Community Services Block Grant and the CSBG network, primarily community action
agencies, in assisting low-income individuals to achieve self-sufficiency.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby support the reauthorization of the Community Services Block Grant
Program as a necessary component to help implement welfare reform in our
communities and urges the Michigan Association of Counties and the National
Association of Counties to also support the reauthorization of the Community
Services Block Grant Program.
BE IT FURTHER RESOLVED that copies of this resolution be sent to Oakland
County=s Federal and State Legislators, NACo, MAC, OLHSA and the County=s
Legislative Agencies.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
Donn Wolf, Nancy Dingeldey,
Shelley Taub, Ruel McPherson
Moved by Dingeldey supported by McPherson the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Dingeldey supported by McPherson the resolution be adopted.
Moved by Dingeldey supported by McPherson the resolution be amended to
coincide with the recommendation in the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
AYES: Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers,
Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT
BY: General Government Committee, Nancy Dingeldey, Chairperson
Commissioners Minutes Continued. March 5, 1998
53
IN RE: APPOINTMENTS TO THE COMMUNITY MENTAL HEALTH SERVICES BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed vacancies on the
Community Mental Health Services Board, hereby recommends that the following
three individuals be re-appointed for 3-year terms of April 1, 1998 -
March 31, 2001.
JoAnne Holbert
Judith Summers
Steven Hill
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Dingeldey supported by Palmer the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Dingeldey supported by Palmer the reappointment of JoAnne Holbert,
Judith Summers and Steven Hill to the Community Mental Health Services Board for
3-year terms of April 1, 1998 - March 31, 2001 be confirmed.
AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos,
Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory. (24)
NAYS: McPherson. (1)
A sufficient majority having voted therefor, the reappointments of
JoAnne Holbert, Judith Summers and Steven Hill to the Community Mental Health
Services Board were confirmed.
REPORT
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: APPOINTMENT TO THE AREA AGENCY ON AGING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends that Connie Richards be
re-appointed as an alternate to the Area Agency on Aging for a two-year term
through 12/31/99.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Dingeldey supported by McCulloch the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Dingeldey supported by McCulloch the reappointment of
Connie Richards as an alternate to the Area Agency on Aging for a two-year term
ending December 31, 1999 be confirmed.
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos,
Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the reappointment of
Connie Richards as an alternate to the Area Agency on Aging was confirmed.
REPORT
BY: General Government Committee, Nancy Dingeldey, Chairperson
Commissioners Minutes Continued. March 5, 1998
54
IN RE: BOARD OF COMMISSIONERS==== STANDING COMMITTEE REVISED MEMBERSHIP FOR 1998
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends revised appointments to
the Board of Commissioners= Standing Committees for 1998, per the attached sheet.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Dingeldey supported by Jacobs the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Dingeldey supported by Jacobs the appointments to the Board of
Commissioners= Standing Committees for 1998 be revised as follows:
FINANCE COMMITTEE: Douglas (Chair), Jensen (Republican Vice Chair),
Kingzett (Democratic Vice Chair), Palmer, Garfield, Taub, Amos, Kaczmar, Coleman.
GENERAL GOVERNMENT COMMITTEE: Dingeldey (Chair), Garfield (Republican
Vice Chair), McPherson (Democratic Vice Chair), Wolf, Schmid, Taub, Holbert.
PLANNING AND BUILDING COMMITTEE: Palmer (Chair), Huntoon (Republican
Vice Chair), Kaczmar (Democratic Vice Chair), Johnson, Amos, Rep.- Vacant,
Kingzett.
PUBLIC SERVICES COMMITTEE: Moffitt (Chair), Millard (Republican
Vice Chair), Jacobs (Democratic Vice Chair), Huntoon, Obrecht, Dingeldey,
McPherson.
PERSONNEL COMMITTEE: Law (Chair), Devine (Republican Vice Chair), Holbert
(Democratic Vice Chair), Obrecht, Millard, Rep - Vacant, Gregory.
STRATEGIC PLANNING COMMITTEE: Powers (Chair), Johnson (Republican
Vice Chair), Coleman (Democratic Vice Chair), Jensen, Devine, Gregory.
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos,
Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the revised appointments to
the Board of Commissioners= Standing Committees for 1998 were confirmed.
MISCELLANEOUS RESOLUTION #98028
BY: Personnel Committee, Thomas Law, Chairperson
IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION FIRST QUARTERLY REPORT FOR
FISCAL YEAR 1998
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 Salary Administration First Quarterly Report for Fiscal
Year 1998 was submitted to the Personnel Committee identifying the reviews
requested and the salary grade changes recommended by the Personnel Department
after completion of this review process; and
WHEREAS funding is available to implement the recommended salary grade
changes for the General Fund/General Purpose positions in the Classification and
Rate Change Account; and
WHEREAS funding is available for the Special Revenue/Proprietary position
in Information Technology funds; and
WHEREAS the Personnel Committee has reviewed and approved this report.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes implementation of the Salary Administration First Quarterly Report for
Commissioners Minutes Continued. March 5, 1998
55
Fiscal Year 1998 which includes the following personnel actions:
Salary Grade
Classification From: To: Location-Position
Clerk III 5 6 31201-02443
(Reclassify 3 positions to new class 31201-01306
titled Warrant Clerk, Non-Exempt) 31201-05371
Pretrial Services Supv. 14 16 17402-06232
(Retitle to new class titled
Supv. Community Corrections, Exempt)
Supv.-Office Automation 13 16 18201-05269
Support Services
(Retitle to new class titled
Supv. Project Office and Software
Training, Exempt)
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT (Misc. #98029)
BY: Strategic Planning Committee, Dennis N. Powers, Chairperson
IN RE: INFORMATION TECHNOLOGY - PROPOSALS TO ADDRESS RECRUITMENT, RETENTION AND
YEAR 2000 PROJECTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Strategic Planning Committee, having reviewed on February 26, 1998, the
resolution entitled, Information Technology - Proposals to Address Recruitment,
Retention and Year 2000 Projects, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the Strategic Planning Committee, I move
acceptance of the foregoing report.
STRATEGIC PLANNING COMMITTEE
MISCELLANEOUS RESOLUTION #98029
BY: Personnel Committee, Thomas Law, Chairperson
IN RE: INFORMATION TECHNOLOGY - PROPOSALS TO ADDRESS RECRUITMENT, RETENTION AND
YEAR 2000 PROJECTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS a critical labor shortage of information technology (I.T.)
professionals exists throughout the world; and
WHEREAS the labor market conditions have had a dramatic affect on wages
currently being offered I.T. professionals, resulting in wages for computer
professionals that significantly exceed salary levels in years past; and
WHEREAS Oakland County=s specific efforts to recruit entry level I.T.
professionals at current salary levels have provided inadequate results; and
WHEREAS it is apparent that organizations who fail to anticipate and
address I.T. recruitment and retention issues risk failing to meet their
organization=s information technology needs; and
WHEREAS the Personnel Department has worked with Information Technology
to identify those classifications which are most critical to the organization
and most difficult to recruit and retain, and have compared them to salary survey
data which supports a 10% increase; and
WHEREAS since the proposed salary increases are in response to market
conditions, it will be necessary that these classifications be exceptions to the
County=s Salary Administration Plan; and
WHEREAS in addition to salary range adjustments to certain classifications,
it is proposed that exempt employees in Information Technology be allowed to
receive additional compensation at a straight time hourly rate for specifically
Commissioners Minutes Continued. March 5, 1998
56
approved work performed on Year 2000 projects occurring beyond their normal work
week; and
WHEREAS the information technology industry is currently paying premiums to
employees with specific hot technology skills , and there is a need to address
user department employees possessing and applying these skills; and
WHEREAS a mechanism to provide temporary additional compensation for hot
technology skills is desirable in order to retain employees with these skills.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the following Information Technology classifications be made exceptions
to the Salary Administration Plan and that the salary ranges of these
classifications be increased by 10%, effective with the beginning of the pay
period following the passage of this resolution:
1. Customer Service Supervisor
2. DP Equipment Operator Supervisor
3. Mgr-Data Center Operations
4. Application Analyst/Programmer I
5. Application Analyst/Programmer II
6. Application Analyst/Programmer III
7. Chief-Systems Development
8. Data Base Administrator
9. Mgr-Systems Development & Support
10. Supv I-Systems Development
11. Supv II-Systems Development
12. Network System Analyst II
13. Network System Specialist
14. System Software Specialist
15. Supv-Distributed Computing Technology
16. Chief-Technical Services
17. Mgr-Technical Systems & Networking
BE IT FURTHER RESOLVED that exempt employees in Information Technology be
authorized to receive additional compensation at a straight time hourly rate for
specifically approved work performed on Year 2000 projects occurring beyond their
normal work week.
BE IT FURTHER RESOLVED that employees in user departments with approved
designated hot skills be authorized to receive temporary additional
compensation (employees who qualify will be eligible to receive 5% of
compensation during the first twelve months the skill is determined to be hot ,
3% during the second twelve months and 0% thereafter) based on the following
criteria:
1) The employee has been identified by the department as a department
system specialist in a designated hot skills area (as determined
by the I.T. and Personnel Departments) such as Data Warehousing,
Relational Database Management, Oracle Products, Distributed System
Management, PeopleSoft Application Implementation and Performance
Series Application Implementation; and
2) The employee has successfully completed specialized training in a
designated hot skill area; and
3) The employee consistently applies the acquired hot skill in the
performance of their job duties as determined by their department;
and
4) The employee has received approval by their Department, with
concurrence by Information Technology and the Personnel Department,
to receive additional compensation for their hot skill .
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (Misc. #98029)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - PROPOSALS TO ADDRESS RECRUITMENT,
RETENTION AND YEAR 2000 PROJECTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
Commissioners Minutes Continued. March 5, 1998
57
1. In order to retain skilled employees to implement Year 2000 and
other changes to the County=s Information Technology system, the
Personnel Department and Information Technology propose the
following:
a. Increase the current salary range of seventeen (17) selected
Information Technology classifications by ten (10) percent;
b. Allow Information Technology employees, who are currently
exempt from overtime, to receive compensation for work
performed on Year 2000 projects, beyond the normal work week,
at a straight time hourly rate;
c. Allow employees in other County departments, who possess hot
technology skills to receive additional compensation.
2. Total annual cost of the 10% salary range increase equals
$296,300, of which $227,900 is salary increase and $68,400 is
related fringe benefits.
3. Cost of the 10% salary range increase for the balance of Fiscal
Year 1998 equals $239,300 of which $184,100 is salary increase
and $55,200 is related fringe benefits.
4. Funds will be drawn from the Information Technology Fund balance
to cover the Fiscal Year 1998 portion of the increase, the Fiscal
Year 1998 Budget shall be amended as follows:
INFORMATION TECHNOLOGY FUND
18-636113-10000-8005 Changes in Fund Equity $(239,300)
18-636142-15000-2001 Data Center - Salaries 9,600
18-636142-15000-2075 Data Center - Fringes 2,900
18-636122-15000-2001 Systems Development - Sa. 110,500
18-636122-15000-2075 Systems Development - FB 33,400
18-636162-15000-2001 Technical Systems - Sal. 36,500
18-636162-15000-2075 Technical Systems - FB 10,900
18-xxxxxx-xxxxx-xxxx Operating Transfer Out 35,500
$ 0
CLEMIS FUND
Revenue
18-635121-15000-1701 Operating Transfer In $ 35,500
Expense
18-635122-15000-2001 Systems Development - Sal $ 27,500
18-635122-15000-2075 Systems Development - FB 8,000
$ 35,500
$ 0
5. Cost beyond Fiscal Year 1998 will be built into the rates charged
by the Information Technology Fund to the operating departments.
These charges will be included in the County Executive=s Fiscal
Year 1999 and Fiscal Year 2000 Recommended Budget.
6. It is uncertain as to how many straight time hours will be worked
by Information Technology exempt staff, on Year 2000 projects.
As with the 10% salary range increase, any additional Fiscal Year
1998 cost will be covered by the Information Technology Fund
balances. Cost beyond Fiscal Year 1998 will be included in rates
charged by the Information Technology Fund and become part of the
County Executive=s Fiscal Year 1999 and Fiscal Year 2000
Recommended Budget.
7. There is also uncertainty as to how many County staff possess
hot technology skills for which they may receive additional
compensation. Once a number and amount is determined, sources of
funding will be identified and budget amendments recommended
under separate resolution.
FINANCE COMMITTEE
Moved by Law supported by Coleman the Strategic Planning Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Law supported by Coleman the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Commissioners Minutes Continued. March 5, 1998
58
Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98030
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: DEPARTMENT OF PERSONNEL/LABOR RELATIONS - CHANGE TO MERIT SYSTEM
RULE 4.3.2 INTER-DEPARTMENTAL TRANSFER OF A PRESENT COUNTY EMPLOYEE
To the Oakland County Board of Commissioners
Chairperson, Ladies, Gentlemen:
WHEREAS Section IV, Subsection A of the Merit System Resolution requires
that all changes in the rules and regulations of the Merit System shall be
submitted to the Board of Commissioners at a regular meeting of the Board and
shall become effective thirty (30) days after such meeting unless objection is
received in writing by the Chairperson of the Board of Commissioners, in which
case the objection shall become a matter of business at the next meeting of the
Board; and
WHEREAS it has become desirable to make changes to Merit Rule 4.3.2
regarding the Inter-Departmental Transfer of a Present County Employee as spelled
out in the attachments to this resolution; and
WHEREAS this revision involves discontinuing the practice of forwarding
employee transfer requests to current department heads; and
WHEREAS this practice is very costly, inefficient and paperwork intensive;
and
WHEREAS it is the responsibility of the employee to notify their department
head of their desire to transfer when being considered for another employment
opportunity within the County.
NOW THEREFORE BE IT RESOLVED that the reading of this notice and the
attached copies of the proposed changes to Merit Rule 4.3.2, to all commissioners
present and absent, be considered as the official submission to the Board of
Commissioners of the described changes to Merit Rule 4.3.2.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Proposed Change in Merit System Rule on file in the County Clerk=s
office.
The Chairperson stated that by statute the resolution shall layover for
30 days.
MISCELLANEOUS RESOLUTION #98031
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1996-1999 COMMAND OFFICER====S ASSOCIATION OF
MICHIGAN AND ITS AFFILIATE, THE OAKLAND COUNTY COMMAND OFFICER====S ASSOCIATION
(COA)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Command Officer=s Association, have
been negotiating a contract covering approximately 85 employees; and
WHEREAS a 4-year agreement has been reached for the period January 1, 1996
through September 30, 1999, and said agreement has been reduced to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee, which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County
of Oakland and the Command Officer=s Association, covering the period of
January 1, 1996 through September 30, 1999, is approved and that the Board
Chairperson, on behalf of the County of Oakland, is authorized to execute said
agreement as attached.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Collective Bargaining Agreement 1996-1999 between the County of
Commissioners Minutes Continued. March 5, 1998
59
Oakland and the Oakland County Command Officer=s Association on file in the
County Clerk=s office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #98007
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1998 WAGE AND BENEFIT REOPENER FOR EMPLOYEES
REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF====S ASSOCIATION (OCDSA)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Oakland County Deputy Sheriff=s
Association, have been negotiating a 1998 Wage and Benefit reopener pursuant to
Appendix A and Appendix B of the 1995 - 1998 Collective Bargaining Agreement; and
WHEREAS an agreement has been reached regarding the 1998 Wage provisions
covering approximately 569 Sheriff Department employees and said agreement has
been reduced to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee, which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County
of Oakland and the Oakland County Deputy Sheriff=s Association, covering the
period of January 1, 1998 through September 30, 1998, is approved and that the
Board Chairperson, on behalf of the County of Oakland, is authorized to execute
said agreement as attached.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Memorandum of Agreement on file in the County Clerk=s office.
FISCAL NOTE (Misc. #98007)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1998 WAGE AND BENEFIT REOPENER FOR EMPLOYEES
REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF=S ASSOCIATION (OCDSA)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. A wage agreement has been reached with the OCSDA regarding the 1998
Wage and Benefit reopener that includes a 3.5% wage increase
effective December 20, 1997, for all classifications represented by
the bargaining unit. It also includes an agreement to send two
additional deputies to the police academy in the 1998 calendar year,
providing academy vacancies are available.
2. The cost of the 3.5% salary increase and resulting fringe benefit
increase covering the period between January 1, 1998 and
September 30, 1998 is $868,743. The cost to send two additional
deputies to the police academy will be absorbed by the Sheriff=s
Department.
3. Sufficient revenue and expenditures have been included in the
Fiscal Year 1998/Fiscal Year 1999 Biennial Budget to cover the terms
of the proposed contract, no additional appropriation is required.
FINANCE COMMITTEE
Moved by Law supported by Kingzett the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard,
Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine,
Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98008
Commissioners Minutes Continued. March 5, 1998
60
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1998-2000 LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE POLICE OFFICERS LABOR COUNCIL (CIRCUIT COURT SERVICE OFFICERS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Circuit Court Service Officers, have
been negotiating a contract covering approximately 6 employees; and
WHEREAS a 3-year agreement has been reached for the period January 1, 1998
through September 30, 2000, and said agreement has been reduced to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee, which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County
of Oakland and the Police Officers Labor Council, covering the period of
January 1, 1998 through September 30, 2000 is approved and that the Board
Chairperson, on behalf of the County of Oakland, is authorized to execute said
agreement as attached.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of the Collective Bargaining Agreement 1998-2000 on file in the County
Clerk=s office.
FISCAL NOTE (Misc. #98008)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1998-2000 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED
BY THE POLICE OFFICERS LABOR COUNCIL (CIRCUIT COURT SERVICE OFFICERS)
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 contract covers a three year period from 1998-2000 for 6 Circuit
Court Service Officers.
2. The 3.5% wage increase amounts to an additional $8,271 in wages and
$1,100 in associated fringe benefits. The increase was included in
the Fiscal Year 1998 Budget. The 1999 and 2000 increase will be
incorporated into those respective budgets.
3. The contract calls for overtime pay when service officers are
required to be on-call. These duties were previously performed by
non-union employees at similar rates. The Fiscal Year 1998 Budget
provides funds for these on-call hours.
4. No additional appropriation is required.
FINANCE COMMITTEE
Moved by Law supported by Devine the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt,
Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey,
Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98032
BY: Public Services Committee, David Moffitt, Chairperson
IN RE: PROSECUTING ATTORNEY - GRAND JURY APPROPRIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS upon petition of the Oakland County Office of the Prosecuting
Attorney, the Oakland County Circuit Court authorized a 17-member Citizens Grand
Jury which is to begin on the date that the Grand Jury takes the oath as grand
jurors in accordance with MCL 767.9. for a six-month term with an option to
extend the term an additional six months; and
WHEREAS the Grand Jury is empowered to investigate unsolved murders, the
Commissioners Minutes Continued. March 5, 1998
61
illegal possession, distribution, manufacture, and/or delivery of controlled
substances, and conspiracies or attempts to commit these offenses; and
WHEREAS the Office of the Prosecuting Attorney shall be responsible for all
costs for the implementation and convening of the Citizens= Grand Jury; and
WHEREAS a budget appropriation of $75,000 for operating expenses will be
necessary to conduct the Grand Jury proceedings as estimated by the Prosecuting
Attorney.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
recognizes the establishment of a Citizens= Grand Jury and authorizes the
transfer of $75,000 to defray operating expenses for such purpose.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #98032)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: PROSECUTING ATTORNEY - GRAND JURY APPROPRIATION
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. Upon request of the Oakland County Office of the Prosecuting
Attorney, the Oakland County Circuit Court authorized the convening
of a 17-member Citizens= Grand Jury to begin operation on the date
that the Grand Jury takes the oath as grand jurors in accordance
with M.C.L. 767.9" for a six-month term with an option to extend the
term an additional six months.
2. The authorization directs that the Office of the Prosecuting
Attorney is responsible for all costs related to convening the
Grand Jury.
3. The Prosecuting Attorney=s Office is requesting recognition of the
establishment of a
Citizen=s Grand Jury and
a budget adjustment of
$75,000 to cover
operating expenses.
4. The Fiscal Year 1998 Budget shall be amended as follows:
GENERAL FUND FY 1998
Expenditure
90-290000-25000-2564 Contingency ($75,000)
41-215000-20000-2640 Defense Attorney Fees 4,700
41-215000-20000-3016 Juror Fees & Mileage 16,000
41-215000-20000-3348 Professional Services 2,000
41-215000-20000-3484 Reporter & Steno Services 36,000
41-215000-20000-3836 Witness Fees & Mileage 16,000
41-215000-20000-4292 Provisions 300
$ 0
FINANCE COMMITTEE
Moved by Moffitt supported by Garfield the resolution be adopted.
AYES: Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht,
Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas,
Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #98020)
BY: Public Service Committee, David L. Moffitt, Chairperson
IN RE: SHERIFF====S DEPARTMENT - REQUEST FOR UNIFORMED DEPUTY PRESENCE AT 48TH
DISTRICT COURT - BLOOMFIELD TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the above-referenced
Commissioners Minutes Continued. March 5, 1998
62
resolution on February 24, 1998, recommends that the resolution be adopted with
the following amendment:
Add, BE IT FURTHER RESOLVED that subsequent requests for courthouse
security be full time positions only.
Chairperson, on behalf of the Public Services Committee, I move the
acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
REPORT (Misc. #98020)
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: SHERIFF=S DEPARTMENT - REQUEST FOR UNIFORMED DEPUTY PRESENCE AT 48TH
DISTRICT COURT - BLOOMFIELD TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution on
February 18, 1998, recommends that the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #98020
BY: Commissioners Dan Devine, District #14; Nancy Dingeldey, District #11;
Donald Jensen, District #15; Thomas Law, District #13; Shelley Taub, District #12
IN RE: SHERIFF=S DEPARTMENT - REQUEST FOR UNIFORMED DEPUTY PRESENCE AT 48TH
DISTRICT COURT - BLOOMFIELD TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Courthouse Security program, under the direction of the Sheriff
was instituted in late 1992 at the Circuit Court; and
WHEREAS since 1992 this program has expanded to include security for the
District Courts in Rochester Hills and Clarkston as Novi already had Court
Security; and
WHEREAS in 1996 the Friend of Court Division requested and received Court
Security; and
WHEREAS the 48th District Court in Bloomfield Township has requested that
the Sheriff provide security to the Court with PTNE Court Security Deputies; and
WHEREAS a uniformed law enforcement presence would provide the ability to
quickly respond to and control situations, minimizing the risk to both the public
and District Court staff; and
WHEREAS the Sheriff, under request from the 48th District Court, will
require staff to provide security at their location; and
WHEREAS a contract to reimburse the County for this service will be
necessary (see attached contract and Schedule A); and
WHEREAS the Sheriff requests that two (2) PTNE Deputy positions will be
necessary to provide adequate coverage at the 48th District Court location.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorize the creation of two (2) PTNE 1,000 hrs/yr Court Deputy positions in the
Sheriff/Corrective Services-Satellites/Court Detention Unit (43412).
BE IT FURTHER RESOLVED that the Chairperson of the Board be authorized to
enter into a contract with the 48th District Court for this service.
BE IT FURTHER RESOLVED that one portable hand held radio be added.
Chairperson, we move the adoption of the foregoing resolution.
Dan Devine, Nancy Dingeldey,
Donald Jensen, Thomas Law,
Shelley Taub
Copy of Schedule A, Cost for Uniformed PTNE Deputies at 48th District Court
and Contract to Provide Courthouse Security on file in County Clerk=s office.
Commissioners Minutes Continued. March 5, 1998
63
FISCAL NOTE (Misc. #98020)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF=S DEPARTMENT - REQUEST FOR UNIFORMED DEPUTY PRESENCE AT 48TH
DISTRICT COURT - BLOOMFIELD HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. The 48th District Court in Bloomfield Hills has requested that the
Sheriff provide security to the Court with PTNE Court Security
Deputies.
2. The Sheriff Department recommends, with the concurrence of the
Personnel Committee and the Public Services Committee, the creation
of two (2) part-time non-eligible Court Deputy positions to cover
the 48th District Court needs.
3. The Sheriff also recommends, with the Public Services Committee
concurrence, that the Chairperson of the Board enter into a contract
with the 48th District Court to reimburse Oakland County the
personnel costs and operating costs incurred for providing this
service.
4. For the balance of Fiscal Year 1998 the personnel costs and
operating costs equal $17,643; the costs for Fiscal Year 1999 equal
$32,175.
5. One-time capital cost for the related radio equipment equals $2,066.
This will come from the contingency account.
6. The Fiscal Year 1998 and Fiscal Year 1999 budgets for the Sheriff=s
Department, Corrective Services Satellite Division - Court Detention
Unit should be amended, as specified on the attached schedule.
FINANCE COMMITTEE
Copy of attached schedule on file in County Clerk=s office.
Moved by Moffitt supported by Law the Public Services Committee and the
Personnel Committee Reports be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Millard supported by Obrecht the resolution be amended by adding a
BE IT FURTHER RESOLVED paragraph, to read as follows:
BE IT FURTHER RESOLVED that any future requests for courthouse
security, after the 48th District Court in Bloomfield Township and
52nd-4th in Troy requests, be for full time positions only.
Discussion followed.
The Chairperson stated a >YES= vote will add the paragraph to the
resolution and a >NO= vote will not.
Vote on amendment:
AYES: McPherson, Millard, Obrecht, Douglas, Gregory, Huntoon, Kaczmar.
(7)
NAYS: McCulloch, Moffitt, Palmer, Powers, Schmid, Taub, Wolf, Amos,
Coleman, Devine, Dingeldey, Garfield, Holbert, Jacobs, Jensen, Johnson, Kingzett.
(17)
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution:
AYES: Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos,
Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen,
Johnson, Kaczmar, McCulloch. (21)
NAYS: McPherson, Coleman, Kingzett. (3)
Commissioners Minutes Continued. March 5, 1998
64
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #97283)
BY: Public Service Committee, David L. Moffitt, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - AMENDMENT TO THE SANITARY
CODE APPEAL BOARD MEMBERSHIP AND MEETING TIME FRAME
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the above-referenced
resolution on February 24, 1998, recommends that the resolution be adopted
(including the proposed amendment of February 12, 1998) after the required Public
Hearing.
Chairperson, on behalf of the Public Services Committee, I move the
acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
REPORT (Misc. #97283)
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - AMENDMENT TO THE SANITARY
CODE APPEAL BOARD MEMBERSHIP AND MEETING TIME FRAME
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed Miscellaneous
Resolution #97283 on February 3, 1998, reports with the recommendation that the
resolution be adopted with the following amendment:
Change the NOW THEREFORE BE IT RESOLVED paragraph after AT LEAST
TWO to read: but not more than three members shall be an Oakland
County Commissioner, with at least one (1) such Commissioner from a
non-majority party; ....
Chairperson, on behalf of the Public Services Committee, I move the
acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION #97283
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - AMENDMENT TO THE SANITARY
CODE APPEAL BOARD MEMBERSHIP AND MEETING TIME FRAME
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the Oakland County Sanitary Code, the Sanitary
Code Appeal Board consists of 5 members who must convene within forty-five days
of the filing of an appeal; and
WHEREAS it has become increasingly difficult to convene meetings of the
membership within this time frame; and
WHEREAS membership attendance is important to the timely review and
disposition of appeals; and
WHEREAS concern has been expressed that increased participation by non-
governmental citizen members would facilitate the orderly discharge of appeals
brought before the Sanitary Code Appeal Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby amend the Sanitary Code, Article V., Section 1, as follows: The
Oakland County Sanitary Code Appeal Board shall consist of five (5) members.
At least two but not more than three members shall be from the Oakland County
Board of Commissioners, with no more than two (2) members from any one political
party; the remaining members shall be non-governmental citizens. All members are
to be appointed by the Chairperson of the Board of Commissioners with the
approval of the Board of Commissioners. In the first instance one member shall
be appointed for a term ending December 31, 1975; two members appointed for a
term ending December 31, 1977. Thereafter, each member shall be appointed for a
term of three (3) years. Each term shall expire at midnight December 31, but
each member shall hold office until his successor is appointed.
BE IT FURTHER RESOLVED that this amendment be adopted following the
required Public Hearing conducted by the Health Division.
Chairperson, on behalf of the General Government Committee, I move adoption
of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. March 5, 1998
65
The Chairperson stated the resolution would be held over until the
April 2, 1998 Board meeting, to allow the Health Department to hold a Public
Hearing. There were no objections.
MISCELLANEOUS RESOLUTION #98033
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: COMMUNITY MENTAL HEALTH PURCHASING AND CONTRACTING POLICIES - APPROVAL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Mental Health Board did approve an
initial set of purchasing policies on November 20, 1997; and
WHEREAS through prior resolutions, the Oakland County Community Mental
Health Board has communicated the intent to complete and forward a set of
complete purchasing and contracting policies for Community Mental Health to the
Oakland County Board of Commissioners for consideration; and
WHEREAS these policies, as initially drafted and reviewed by several
committees of both Boards, have received certain solicited input from consumers
and community persons, some of this input having been incorporated as feasible
into the final documents and summarized as attached; and
WHEREAS committees of both Boards have also reviewed a Comparison of
Current County Purchasing Policies with Proposed Community Mental Health Policy
dated October 1997; and
WHEREAS the implementation of the approved Community Mental Health Board
policies may occur as written through a transition process with the Oakland
County Department of Management and Budget as initiated through the 1/21/97
approved resolution, Transfer of Financial Function and Positions from Management
and Budget to Community Mental Health; and
WHEREAS the Public Services Committee had reviewed these policies in
December 1997, in the form that had been approved by the Oakland County Community
Mental Health Board on 11/20/97, and adjourned consideration at that time for
90 days pending any final revisions or reconsiderations by the Oakland County
Community Mental Health Board; and
WHEREAS the Community Mental Health Board has now approved a final revised
set of policies and has submitted these policies to the Oakland County Board of
Commissioners for approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the adoption of the attached Community Mental Health Purchasing and
Contracting Policies for all Community Mental Health purchasing activities.
BE IT FURTHER RESOLVED that the attached Community Mental Health Purchasing
and Contracting Policies shall be solely effective and exclusively binding upon
Community Mental Health upon the final approval of this resolution.
BE IT FURTHER RESOLVED that the intent of this resolution is to completely
separate the applicable purchasing activities, policies and rules governing the
activities of Community Mental Health from those Department of Management and
Budget - Purchasing Division Policies, and this resolution shall not otherwise
effect the application of any Purchasing Division rules or policies to any other
County Department.
BE IT FURTHER RESOLVED that the attached Community Mental Health Purchasing
and Contracting Policies shall hereafter exclusively govern the activities of all
Community Mental Health purchasing activities and that any and all other specific
Department of Management and Budget - Purchasing Division Policies and/or prior
resolutions of the Oakland County Board of Commissioners applying specific
Purchasing Division procedures and rules for purchasing, competitive bidding,
and/or authorization of contracts shall no longer be binding upon Community
Mental Health.
BE IT FURTHER RESOLVED that nothing in this resolution shall supersede or
have any effect upon any other Oakland County Board of Commissioner=s policy or
resolution which does not apply any specific Department of Management and Budget
- Purchasing Division Policy to the purchasing activities of Community Mental
Health.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. March 5, 1998
66
Copy of Community Mental Health Purchasing and Contracting Policies on file
in County Clerk=s office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #98015
BY: Public Services Committee, David Moffitt, 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 by Miscellaneous Resolution #97043 the Board of Commissioners
accepted $40,000 in funding from HAVEN (Help Against Violent Encounters Now) and
created one (1) full-time, special revenue funded, Assistant Prosecutor II
position for the Stop Violence Against Women program; and
WHEREAS HAVEN has received a 1997-1998 Federal Stop Violence Against Women
grant; and
WHEREAS HAVEN wishes to continue funding in the amount of $40,000 for
Oakland County Prosecutor=s office services involving case prosecution, police
training, coordination, statistical research and other services; and
WHEREAS the Prosecuting Attorney has agreed to continue to provide these
services; and
WHEREAS acceptance of this agreement does not obligate the County to any
future commitment; and
WHEREAS the 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 continued funding of the Stop Violence Against Women program in the
amount of $40,000 for the period October 1, 1997 through September 30, 1998.
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
FISCAL NOTE (Misc. #98015)
BY: Finance 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) to continue funding of one (1)
Assistant Prosecutor II position for the provision of services
associated with a Federal Stop Violence Against Women Grant by the
Prosecuting Attorney=s office.
2. The total cost of the program is $68,089. A grant match in the
amount of $28,089 is required to fully fund the program. Funding for
the grant match was included in the Fiscal Year 1998 Budget.
3. The resolution does not oblige the County to any future commitment
and the level of service, including
personnel, is contingent upon continued
funding.
4. The Fiscal Year 1998 Budget shall be amended as follows:
SPECIAL REVENUE
Revenue
41-194608-10000-0113 Grants - Federal $40,000
41-194608-10000-0167 Grant Match 28,089
$68,089
Commissioners Minutes Continued. March 5, 1998
67
Expenditure
41-294618-10000-2001 Salaries $47,858
41-294628-10000-2074 Fringe Benefits 17,231
41-294638-10000-3704 Training 3,000
$68,089
FINANCE COMMITTEE
Moved by Moffitt supported by Jensen the resolution be adopted.
AYES: McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Douglas, Garfield, Gregory, Huntoon, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, McCulloch. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98010
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: SHERIFF====S DEPARTMENT - ESTABLISHMENT OF JAIL BOARDING FEES -
JANUARY 1, 1999 THROUGH DECEMBER 31, 2003
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #95179, the Oakland County
Board of Commissioners established daily jail boarding fee rates of $73.81 for
1996, $76.07 for 1997 and $78.39 for 1998; and
WHEREAS by adoption of Miscellaneous Resolution #95179, the Board of
Commissioners also continued the policy of not charging a daily jail boarding fee
rate in 1996, 1997 and 1998 for the housing of prisoners for local units of
government within Oakland County; and
WHEREAS cost to house prisoners at the Oakland County Jail from 1999
through 2003 have been estimated to correspond to the increase in the Law
Enforcement Patrol Services Contract rates.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
establishes jail boarding fee rates for the housing of out-of-County prisoners at
the Oakland County Jail of $77.29 per day for 1999, $79.61 per day for 2000,
$81.84 per day for 2001, $84.30 per day for 2002, and $86.83 per day for 2003.
BE IT FURTHER RESOLVED that the Board of Commissioners continues the policy
of not charging a daily rate for the housing of prisoners at the Oakland County
Jail for local units of government within Oakland County for the period
January 1, 1999 through December 31, 2003.
Chairperson, on behalf of the Public Services Committee, I move adoption of
the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #98010)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF=S DEPARTMENT - ESTABLISHMENT OF JAIL BOARDING FEES -
JANUARY 1, 1999 THROUGH DECEMBER 31, 2003
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds that the effect of the rate adjustments
will be included in the Fiscal Year 1999 and Fiscal Year 2000 County Executive
Recommended Budget, no amendments are required at this time.
FINANCE COMMITTEE
Moved by Moffitt supported by Millard the resolution be adopted.
AYES: Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos,
Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson. (24)
NAYS: None. (0)
Commissioners Minutes Continued. March 5, 1998
68
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98011
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES
CONTRACT RATES - JANUARY 1, 1999 THROUGH DECEMBER 31, 2003
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to
permit the Sheriff's Department to enter into contracts with townships, villages
and cities for the purpose of providing Sheriff patrol services; and
WHEREAS new contract rates have been developed for the 60-month period
commencing January 1, 1999, through December 31, 2003, consistent with the
attached schedule.
NOW THEREFORE BE IT RESOLVED that the following rates be established per
officer for Law Enforcement Services for the period January 1, 1999, through
December 31, 2003.
Contract 1999 2000 2001 2002 2003
Captain $107,224 $110,292 $113,300 $116,700 $120,199
Lieutenant 96,806 99,690 102,479 105,554 108,720
Patrol Sergeant 91,175 93,864 96,454 99,348 102,328
Det. Sergeant 90,131 92,815 95,431 98,295 101,244
Dep II(w/fill) 91,281 93,976 96,566 99,462 102,444
Dep II(no-fill) 80,699 83,076 85,340 87,899 90,534
Dep II(no-fill/
no vehicle) 73,237 75,434 77,698 80,028 82,427
Patrol Inv. 79,655 82,027 84,317 86,486 89,450
Dep I(no-fill) 65,148 67,073 68,871 70,939 73,065
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the
Chairperson of the Board, Sheriff and County Executive to sign agreements for Law
Enforcement Services at these established standard rates.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Sheriff=s Department 1999-2003 Law Enforcement
Services Agreement on file in the County Clerk=s office.
FISCAL NOTE (Misc. #98011)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF=S DEPARTMENT - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES
CONTRACT RATES - JANUARY 1, 1999 THROUGH DECEMBER 31, 2003
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds that the effect of the rate adjustments
will be included in the Fiscal Year 1999 and Fiscal Year 2000 County Executive
Recommended Budget, no amendments are required at this time.
FINANCE COMMITTEE
Moved by Moffitt supported by Powers the resolution be adopted.
AYES: Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine,
Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, McCulloch, McPherson, Millard, Moffitt. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98012
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT
OVERTIME RATES - JANUARY 1, 1999 THROUGH DECEMBER 31, 2003
To the Oakland County Board of Commissioners
Commissioners Minutes Continued. March 5, 1998
69
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to
authorize the Sheriff Department to enter into contractual agreements with
various communities and organizations for the purpose of providing deputies for
traffic and security assignments for various activities and events; and
WHEREAS the Sheriff Department will provide assistance based on the
availability of officers at the appropriate overtime rate and will invoice the
requesting agency at rates established by the Board of Commissioners; and
WHEREAS overtime rates have been developed for the period January 1, 1999
through December 31, 2003; and
WHEREAS the Board of Commissioners desires to have rates consistent with
the Law Enforcement Patrol Services Contract rates for governmental units within
Oakland County as a service to its citizenry, and rates which conform to
estimated costs for all non-Oakland County communities and organizations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
establishes the following hourly overtime rates for the period January 1, 1999,
through December 31, 2003, for each officer for the purpose of providing
contracted traffic and security services:
Oakland County Communities All Other Organizations
Contract 1999 2000 2001 2002 2003 1999 2000 2001 2002 2003
Lieutenant 52.51 54.08 55.70 57.38 59.10 54.07 55.69 57.36 59.08 60.85
Sergeant 48.64 50.10 51.60 53.15 54.74 49.69 51.18 52.72 54.30 55.93
Deputy II 41.17 42.40 43.67 44.98 46.33 44.13 45.45 46.81 48.22 49.67
Deputy I 30.47 31.38 32.33 33.29 34.29 40.83 42.05 43.31 44.61 45.95
BE IT FURTHER RESOLVED that each contract between the Sheriff's Department
and participating communities or organizations be approved by the Board of
Commissioners prior to implementation of the agreement, with the exception of
communities already under contractual agreement for Sheriff's Law Enforcement
Patrol Services.
BE IT FURTHER RESOLVED that contracts for Sheriff's Traffic and Security
Assistance for activities and events within a community which is under
contractual agreement for Sheriff's Law Enforcement Patrol Services, may be
entered into at the prevailing, established contract overtime rates, upon the
review and approval of the Management and Budget Department. Such approval or
disapproval of mini-contracts will be provided to the Public Services Committee
on a semi-annual basis.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #98012)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF=S DEPARTMENT - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES
CONTRACT OVERTIME RATES - JANUARY 1, 1999 THROUGH DECEMBER 31, 2003
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds that the effect of the rate adjustments
will be included in the Fiscal Year 1999 and Fiscal Year 2000 County Executive
Recommended Budget, no amendments are required at this time.
FINANCE COMMITTEE
Moved by Moffitt supported by Obrecht the resolution be adopted.
AYES: Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey,
Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, McCulloch, McPherson, Millard, Moffitt, Obrecht. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98013
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF DISPATCH SERVICES CONTRACT RATES
- JANUARY 1, 1999 THROUGH DECEMBER 31, 2003
Commissioners Minutes Continued. March 5, 1998
70
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to
authorize the Sheriff Department to enter into contractual agreements with
various communities and organizations for the purpose of providing dispatch
services; and
WHEREAS dispatch costs have been estimated for the period 1999 through 2003
pursuant to the increase in the Law Enforcement Contract rates; and
WHEREAS the Board of Commissioners desires to have rates consistent with
the Law Enforcement Patrol Services Contract rates for governmental units within
Oakland County as a service to its citizenry, and rates which conform to
estimated costs for all non-Oakland County communities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
establishes the following per call dispatch service rates for the period
January 1, 1999, through December 31, 2003:
Contract Unit 1999 2000 2001 2002
2003
Oakland County
Communities $13.98 $14.40 $14.80 $15.25 $15.70
Non-Oakland County
Communities $15.40 $15.86 $16.31 $16.80 $17.30
BE IT FURTHER RESOLVED that each contract between the Sheriff Department
and additional communities and organizations be approved by the Board of
Commissioners prior to implementation of the agreement.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #98013)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF=S DEPARTMENT - ESTABLISHMENT OF DISPATCH SERVICES CONTRACT RATES
- JANUARY 1, 1999 THROUGH DECEMBER 31, 2003
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds that the effect of the rate adjustments
will be included in the Fiscal Year 1999 and Fiscal Year 2000 County Executive
Recommended Budget, no amendments are required at this time.
FINANCE COMMITTEE
Moved by Moffitt supported by Huntoon the resolution be adopted.
AYES: Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas,
Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett,
McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98014
BY: Public Services Committee, David Moffitt, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - CONSULTANT TO STUDY,
ANALYZE AND PROPOSE PLANS TO REDUCE THE COSTS OF HEALTH CARE IN THE COUNTY JAIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #97102, adopted on May 8, 1997, the
Oakland County Board of Commissioners established a Jail Inmate Health Care Task
Force; and
WHEREAS the Jail Inmate Health Care Task Force was charged with the task of
developing a Request for Proposal (RFP) for a consultant to study, analyze, and
propose plan(s) to control, limit and/or reduce the costs of inmate health care;
and
WHEREAS an RFP was issued and proposals were evaluated by an RFP Review
Panel consisting of representatives from the Health Division, Sheriff's
Department, Fiscal Services, and Purchasing Division; and
Commissioners Minutes Continued. March 5, 1998
71
WHEREAS the RFP Review Panel has identified a qualified vendor to conduct
the Jail Health Care Cost Study; and
WHEREAS the estimated cost of the study will not exceed $136,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Oakland County Health Division to proceed with a consultant to
study, analyze, and propose plans to reduce the costs of health care in the
County Jail.
BE IT FURTHER RESOLVED that a report be presented to the Public Services
Committee upon completion of the study.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #98014)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - CONSULTANT TO STUDY,
ANALYZE AND PROPOSE PLANS TO REDUCE THE COSTS OF HEALTH CARE IN THE COUNTY JAIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1) An RFP has been issued by the Jail Inmate Health Care Task Force for
a consultant to study, analyze and propose plan(s) to control, limit
and/or reduce the costs of inmate health care.
2) An RFP Review Panel, consisting of representatives from Health
Division, Sheriff=s Department, Fiscal Services and Purchasing
Division, has identified a qualified vendor to conduct the Jail
Health Care Cost Study.
3) The estimated cost is not to exceed $136,000.
4) Funds are available from favorable variances as estimated in the
1st Quarter Forecast for Fiscal Year 1998.
5) The following budget amendment is recommended to cover the cost:
CHILDREN=S VILLAGE (JUVENILE MAINTENANCE FUND)
REVENUE
16 501100 10000 0755 Out County Board and Care
$136,000
90 450000 31000 1701 Operating Transfer In-General Fund (
136,000)
Total $ 0
GENERAL FUND
EXPENDITURE
90 310000 35000 8001 Op. Transfer Out-Childrens= Village
($136,000)
90 310000 33000 8001 Operating Transfer Out-Health Fund
136,000
Total $ 0
HEALTH FUND
REVENUE
90 430000 31000 1701 Operating Transfer In-General Fund
$136,000
EXPENDITURE
16 201200 10000 3348 Professional Services-Health Division
136,000
Total $ 0
FINANCE COMMITTEE
Moved by Moffitt supported by Douglas the resolution be adopted.
AYES: Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield,
Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch,
Millard, Moffitt, Obrecht, Powers, Schmid. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. March 5, 1998
72
MISCELLANEOUS RESOLUTION #98016
BY: Public Services Committee, David Moffitt, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - EARNED REVENUE CONTRACT WITH MICHIGAN
DEPARTMENT OF COMMUNITY HEALTH
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Community Health has requested approval
of Earned Revenue contracts with the Board for the first quarter of 1997/1998
Fiscal Year; and
WHEREAS the Earned Revenue contracts provide for reimbursement of Community
Mental Health costs for pre-admissions and continued stay reviews of inpatient
and day hospital services under the State=s Medicaid Managed Care program; and
WHEREAS the maximum billable cap amounts have been adjusted based upon the
7/97 expansion; and
WHEREAS the terms of the proposed Earned Revenue contracts have been
reviewed by the Oakland County Corporation Counsel and are acceptable to the
Administration; and
WHEREAS on December 16, 1997, the Oakland County Community Mental Health
Services Board approved a resolution regarding Earned Revenue Contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the attached agreement with the Michigan Department of Community Health
to be effective from October 1, 1997 through December 31, 1997.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Agreement between The Michigan Department of Community Health and
The Oakland County Community Mental Health Services Program on file in the County
Clerk=s office.
FISCAL NOTE (Misc. #98016)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: COMMUNITY MENTAL HEALTH BOARD EARNED REVENUE CONTRACT WITH THE MICHIGAN
DEPARTMENT OF COMMUNITY HEALTH
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1) The resolution approves an agreement that allows for reimbursement
of Community Mental Health costs for pre-admissions and continued
stay reviews of inpatient and day hospital services under the
State=s Medicaid Managed Care program.
2) The Fiscal Year 1998 and Fiscal Year 1999 Budgets contemplated
approval of the subject agreement, therefore budget amendments are
not required.
FINANCE COMMITTEE
Moved by Moffitt supported by Holbert the resolution be adopted.
AYES: Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, Millard,
Moffitt, Obrecht, Palmer, Powers, Schmid, Taub. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98034
BY: Strategic Planning Committee, Dennis N. Powers, Chairperson
IN RE: BOARD OF COMMISSIONERS - PERFORMANCE STRATEGIES, INC. CONTRACT EXTENSION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners initiated a process of
strategic planning in 1996 to enable County departments to eventually operate at
the highest possible level; and
Commissioners Minutes Continued. March 5, 1998
73
WHEREAS as the result of a competitive bidding process, Performance
Strategies, Inc. (contractor) was hired to facilitate the strategic planning
process for Oakland County; and
WHEREAS the initial term and price of the contract with Performance
Strategies, Inc. have proven to be insufficient to allow the contractor to
complete its tasks; and
WHEREAS it is estimated that an additional term of six months, and an
additional amount of $12,500 will be necessary for the contractor to complete the
current strategic planning facilitation for the Board of Commissioners and the
Library Board; and
WHEREAS it is recommended that an additional $12,500 be reserved for other
departments which decide to utilize this contractor for their strategic planning
process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby directs that the contract with Performance Strategies, Inc., Blanket
Purchase Order #BP000752, be extended to June 30, 1998.
BE IT FURTHER RESOLVED that the not to exceed amount of the above contract
be amended to $54,598.00.
Chairperson, on behalf of the Strategic Planning Committee, I move the
adoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
FISCAL NOTE (Misc. #98034)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS - PERFORMANCE STRATEGIES, INC. CONTRACT EXTENSION
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 Oakland County Board of Commissioners selected Performance
Strategies Inc., via the competitive bidding process, to facilitate
the strategic planning process for Oakland County.
2. The resolution allows for a contract extension for six months at an
amount not to exceed $25,000. Of this total, $12,500 will be used
to complete the Board of Commissioners= and Library Board=s
strategic plan and $12,500 will be set aside for other departments
who wish to use this contract to complete a strategic plan.
3. Funds exists within the Designated Fund Balance for Strategic
Planning (#9407-15000) to cover the increase in the contract, the
following budget amendment is recommended:
GENERAL FUND
Revenue FY 1998
90-190000-14000-1582 Prior Years Balance $25,000
Expenditure
51-212000-11000-3348 Professional Services 25,000
TOTAL 0
FINANCE COMMITTEE
Moved by Powers supported by Schmid the resolution be adopted.
AYES: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98035
BY: Strategic Planning Committee, Dennis Powers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - FIRST QUARTER 1998 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
Commissioners Minutes Continued. March 5, 1998
74
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 First
Quarter 1998 data processing development charges to be $698,327 and the imaging
development charge to be $2,158 for the governmental fund County departments; and
WHEREAS direct charges to non-governmental fund departments are $160,478
and non-County agencies are $15,384 for the First Quarter 1998; 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 First Quarter 1998 Data Processing Development and approves the
first quarter appropriation transfer.
Chairperson, on behalf of the Strategic Planning Committee, I move the
adoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
Copy of Information Technology Data Processing Development Summary, 1st
Quarter 1998, and Information Technology - Reserve Fund, Development/Support
Detail, First Quarter, Fiscal Year 1998, on file in County Clerk=s office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #98017
BY: Strategic Planning Committee, Dennis Powers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - 1998 BUDGET AMENDMENTS FOR
APPROVED OFFICE AUTOMATION PROJECTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #94009 (Department of Information
Technology - 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 Fiscal Year 1998, Fiscal Year 1999, Biennial Budget as
detailed in the attached Information Technology Office Automation Schedule for
projects approved in the first quarter of 1998.
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, First Quarter,
Fiscal Year 1998, on file in County Clerk=s office.
FISCAL NOTE (Misc. #98017)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - FIRST QUARTER 1998 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 first quarter of 1998.
2. The cost, to the governmental funds, of implementing and operating
the new technology is $430,224 in Fiscal Year 1998, $430,224 in
Fiscal Year 1999, 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 1998 and
1999 budget should be amended, as detailed on the attached Schedule,
to cover the cost of the approved office automation projects.
FINANCE COMMITTEE
Commissioners Minutes Continued. March 5, 1998
75
Moved by Powers supported by Kaczmar the resolution be adopted.
AYES: Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, Millard, Moffitt,
Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98036
BY: Commissioners John P. McCulloch, District #22; Gilda Z. Jacobs,
District #23; Eugene Kaczmar #24; Donald W. Jensen, District #15
IN RE: HEALTH DIVISION - DOWNSPOUT ASSESSMENT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 12-Town Drain Retention Facility, located in the most urbanized
portion of Oakland County, includes the municipalities of Berkley, Beverly Hills,
Birmingham, Clawson, Ferndale, Hazel Park, Huntington Woods, Madison Heights,
Oak Park, Pleasant Ridge, Royal Oak, Royal Oak Township, Southfield, and Troy;
and
WHEREAS heavy rainstorms cause the Facility to overflow, spilling sewage
and storm water, which end up in Lake St. Clair, contributing to the
contamination of the lake and beaches, and in order to reduce the negative
environmental impact from this facility, a multi-faceted approach is necessary;
and
WHEREAS one such approach is to physically inspect all businesses and
residences in the 14 communities to ascertain compliance with local rainwater
runoff ordinances through a Downspout Assessment Programs; and
WHEREAS the Oakland County Health Division, with the addition of six (6)
non-eligible positions in the student summer program, would be able to identify
downspout violations which discharge rainwater directly to the sewer system as
well as identify the need for sewer restricter replacements.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby establish the attached Downspout Assessment program in the Health
Division to provide assistance to the 14 12-Town communities in identifying for
the local building officials those businesses and residences which are not in
compliance with downspout regulations.
BE IT FURTHER RESOLVED that the cost of the five temporary FTNE student
sanitarian positions, and the one temporary PTNE Coordinator, and the educational
material for the Downspout Assessment Program shall not exceed $160,000.
Chairperson, we move the adoption of the foregoing resolution.
John P. McCulloch, Gilda Z. Jacobs,
Donald W. Jensen, Eugene Kaczmar
Copy of Downspout Assessment Program on file in County Clerk=s office.
The Chairperson referred the resolution to the Public Services Committee,
Personnel Committee and Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #98037
BY: Commissioners Jeff Kingzett, District #7 and Shelley G. Taub, District #12
IN RE: SUPPORT FOR HOUSE RESOLUTION 3260 - EXCLUDING LAKE CHAMPLAIN AS A
GREAT LAKE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS United States Senator Patrick Leahy (D-Vermont) amended the
National Sea Grant College Program Reauthorization Act of 1998 (S. 927) to
include designating Lake Champlain in Vermont as the sixth Great Lake; and
WHEREAS the truly Great Lakes embracing the State of Michigan are: Lake
Michigan, Lake Huron, Lake Superior, Lake Erie and Lake Ontario. The smallest of
which is Lake Ontario, measuring an impressive 7,340 square miles; and
WHEREAS Lake Champlain, although beautiful and historic, is not great --
measuring a mere 490 square miles; and
WHEREAS United States Representative Fred Upton (R-St. Joseph) introduced
Commissioners Minutes Continued. March 5, 1998
76
House Resolution 3260 to amend the National Sea Grant College Program
Reauthorization Act of 1998 to exclude Vermont=s Lake Champlain from the
definition of Great Lakes; and
WHEREAS it would be unconscionable and would set a bad precedent to alter
the historic definition of the Great Lakes. Further, to expand the definition
would greatly impede the ability of the Michigan Great Lakes to adequately fund
the conservation and management of our marine resources.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby support House Resolution 3260 - to exclude Lake Champlain from the
definition of the Great Lakes, which was added by the National Sea Grant College
Program Reauthorization Act of 1998.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges
the nations leaders to support this legislation and opposes any efforts to alter
the historic definition of the Great Lakes.
BE IT FINALLY RESOLVED that copies of this resolution be forwarded to the
President of the United States, the United States Senators, the United States
Representatives, Oakland County Legislators, the Governor, the Michigan
Association of Counties, and to Oakland County=s Legislative Agents.
Chairperson, we move the adoption of the foregoing Resolution.
Jeff Kingzett, Shelley G. Taub
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #98038
BY: Commissioners Ruth Johnson, District #1 and Dennis Powers, District #10
IN RE: SUPPORT OF HOUSE BILL 5284, REGARDING FREE FLOW OF SOLID WASTE AMONG
MICHIGAN COUNTIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the management of solid waste in the state of Michigan, under
existing Act 451, restricts the free market in serving residents and businesses
by limiting the free flow of waste for communities within the State of Michigan;
and
WHEREAS the U.S. Supreme Court has ruled that Michigan counties may not
impose restrictions upon the free flow of waste from out of state and out of
country sources, although Michigan residents and businesses are not afforded the
same benefit within Michigan; and
WHEREAS this current law, also completely eliminates a competitive market
for Michigan citizens while out of state/out of county disposal in Michigan
enjoys free flow/free market conditions; and
WHEREAS the net result of these factors is that while the waste stream
disposal from Michigan residents and businesses is restricted, Michigan landfill
capacity is being heavily utilized by out of state and out of country waste-more
than 12% of all waste disposed of in Michigan is currently being imported, while
this capacity is not widely available to all Michigan citizens and businesses;
and
WHEREAS these factors result in the possible forced sitings of landfills in
communities within the State of Michigan and increased costs for Michigan
residents; and
WHEREAS House Bill 5284 would address these problems by establishing a free
market system, allowing local communities to be more responsive to their
individual waste disposal needs, as well as allowing a free competitive market to
Michigan residents and businesses, reducing the need for forced landfill sitings.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby support the enactment of Michigan House Bill 5284.
BE IT FURTHER RESOLVED that copies of this resolution be sent to all State
Legislators from Oakland County, and to the County=s State Legislative Liaison,
the Michigan Association of Counties, the Michigan Townships Association, the
Michigan Municipal League, all other counties in this State, and to all Oakland
County municipalities.
Chairperson, we move the adoption of the foregoing resolution.
Commissioners Minutes Continued. March 5, 1998
77
Ruth Johnson, Dennis Powers,
Lawrence Obrecht, Donna Huntoon,
Frank Millard, Jeff Kingzett,
John Garfield, Eric Coleman,
David Moffitt, Sue Ann Douglas
The Chairperson referred the resolution to the Planning and Building
Committee and the General Government Committee. There were no objections.
MISCELLANEOUS RESOLUTION #98039
By: Commissioners David L. Moffitt, Thomas A. Law, Frank Millard, Dennis Powers,
Donna Huntoon, Fran Amos, Ruel McPherson, Lawrence Obrecht and Eugene Kaczmar
IN RE: BOARD OF COMMISSIONERS - AMEND BOARD RULES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Article X, of the Rules of the Oakland County Board of
Commissioners, adopted January 6, 1998, defines the membership and the reporting
relationship of the Standing Committees of the Board; and
WHEREAS in defining the responsibilities of each Committee, the Board Rules
establish liaison responsibilities based primarily on analogous functions and
inter-related programs, and secondarily on the basis of an equalized workload;
and
WHEREAS until 1996 the Public Services Committee was liaison to all
criminal justice and justice administration programs, including all Court
functions, and likewise the community mental health function, as a part of the
legislative section of the budget, were grouped with the other Board of
Commissioners= functions under the liaison responsibilities of the General
Government Committee; and
WHEREAS to insure that this Board of Commissioners makes the most efficient
use of its resources in the conduct of its business, it is necessary to
restructure the Standing Committees responsibilities to more productively reflect
homogeneous governmental operations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby amend Article X, B, 2. of its Rules as follows:
B. GENERAL GOVERNMENT COMMITTEE
(2) To receive, review and recommend to the Board of Commissioners
all matters referred to it by the Chairperson, and to provide
liaison to the Board with:
(a) Board of Commissioners (Includes Libraries)
(b) Clerk/Register of Deeds
(c) County Executive Administrative Offices (Excludes the
Internal Auditing Division)
(d) Corporation Counsel
(e) Oakland Livingston Human Service Agency
(f) Area Agency on Aging
(g) Cultural Council
(h) Historical Commission
(i) County Departments and Offices to which no Committee has
been named
(j) Circuit Court, including Friend of the Court
(k) District Court
(l) Probate Court
(m) Family Court
(n) Circuit Court Probation
(j) Community Mental Health
(3) Review all public transportation policies affecting Oakland
County residents. Annually review the needs for funding
County road improvements and recommend to the Finance
Committee at the onset of its budget review process the
inclusion of specific dollar amounts for County participation
in funding County transportation requirements, and shall
provide liaison to:
(a) Road Commission for Oakland County
(b) County Aviation Division
(c) Airport Committee
Commissioners Minutes Continued. March 5, 1998
78
(d) Mass Transportation (SMART)
(e) 196 Transportation Authority.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does
hereby amend Article X, D, 1. of its Rules as follows:
D. PUBLIC SERVICES COMMITTEE
(1) To receive, review and recommend to the Board of Commissioners
all matters referred to it by the Chairperson, and to provide
liaison to the Board with:
(a) Department of Public Services (excluding including
Circuit Court Probation)
(b) Prosecuting Attorney
(c) Sheriff
(d) Local Law Enforcement Agencies
(e) Medical Examiner
(f) EMS
(g) Department of Human Services Administration
(h) Community Mental Health
(h) Health Division
(i) Medical Care Facility
(j) Family Independence Agency
(k) Children=s Village
(l) Circuit Court, including Friend of the Court
(m) District Court
(n) Probate Court
(o) Family Court
Chairperson, we move the adoption of the foregoing resolution.
David L. Moffitt, Thomas A. Law,
Ruel McPherson, Lawrence Obrecht,
Frank Millard, Donna Huntoon,
Fran Amos, Dennis Powers,
Eugene Kaczmar
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
In accordance with Rule XXII, the Chairperson made the following referrals:
GENERAL GOVERNMENT COMMITTEE
a. Carmen Talbot - Proposed Legislative Regarding Well Inspections
b. Tim McGuire (MAC) - Senate Bill 632 Mental Health Authority
c. Tim McGuire (MAC) - House Bill 5039 Mental Health Authority
d. Midland County Board of Commissioners - Oppose Proposed Changes in
Sentencing Guidelines
e. James Haveman (Michigan Department of Community Health) - Community
Mental Health Authority
f. Gail Novak - 9-1-1 Update
g. Oceana County Board of Commissioners - Amend Dog Law of 1919"
PUBLIC SERVICES COMMITTEE
a. Springfield Township Fire Department - Support Purchasing Helicopter
b. Corporation Counsel - DCH Proposed PASARR Contract Extension
c. Michigan State Court Administrator - Court Equity Fund
d. City of Southfield - PSAPS
e. Carmen Talbot - Proposed Legislative Regarding Well Inspections
f. Tim McGuire (MAC) - Senate Bill 632 Mental Health Authority
g. Tim McGuire (MAC) - House Bill 5039 Mental Health Authority
h. Midland County Board of Commissioners - Oppose Proposed Changes in
Sentencing Guidelines
i. Gail Novak - 9-1-1 Update
OTHERS
9-1-1 Task Force
a. Gail Novak - 9-1-1 Update
b. City of Southfield - PSAPS
Gerry Poisson
a. James Haveman (Michigan Department of Community Health) - Community
Commissioners Minutes Continued. March 5, 1998
79
Mental Health Authority
There were no objections to the referrals.
The Board adjourned at 11:37 A.M. to the call of the Chair or
March 19, 1998 at 9:30 A.M.
LYNN D. ALLEN JOHN McCULLOCH
Clerk Chairperson