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HomeMy WebLinkAboutMinutes - 1999.02.04 - 8265 17 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES February 4, 1999 Meeting called to order by Chairperson John McCulloch at 9:49 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub. (25) ABSENT: None. (0) Quorum present. A moment of silence was observed in memory of Commissioner Melton=s father, who passed away recently. Invocation given by Commissioner Millard. Pledge of Allegiance to the Flag. Moved by Taub supported by Galloway the minutes of the January 21, 1999 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Devine supported by Coleman the rules be suspended and the agenda be amended, as follows: ITEMS ON PRINTED AGENDA GENERAL GOVERNMENT COMMITTEE b. Special Election - 13th State Senate District f. Department of Human Services - Human Services Coordinating Council - Fiscal Year 1998/1999 MICHILD Grant Application and Acceptance g. Department of Human Services - Human Services Coordinating Council - Fiscal Year 1998/1999 Services to Children Age 0-3 Grant Application and Acceptance h. Department of Human Services - Human Services Coordinating Council - Fiscal Year 1998/1999 Strong Families/Safe Children Grant Application and Acceptance i. Department of Human Services - Human Services Coordinating Council - Fiscal Year 1998/1999 Child Protection Grant Application and Acceptance PERSONNEL COMMITTEE b. Sheriff - Reorganization of Sheriff=s Office (Reason for suspension of General Government Committee, items b, f, g, h and i and Personnel Committee, item b: Waive Rule XIII - Referred Directly to Finance Committee; the Personnel Committee, item b was also referred to the Public Services Committee) Commissioners Minutes Continued. February 4, 1999 18 Vote on suspension: AYES: Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Suarez, Taub. (23) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. County Clerk G. William Caddell read a communication from Chairperson John McCulloch appointing the following individuals to serve on the Public Transportation Authority, for a term ending December 31, 2000: Kevin Lapham, Charles Moss, James Merritt, Patricia Paruch, Michael Wooley. In addition, Andrew Haliw, E. Ann Hiner, Jeffrey Bathlow and Dr. Dennis Papazian were appointed as alternates. There being no objections, the appointments were confirmed. County Clerk G. William Caddell read a communication from Chairperson John McCulloch appointing the following individuals to serve on the Community Development Citizens Advisory Council, for a term ending December 31, 1999: LOCAL OFFICIALS Jim Caswell, Milford Township Supervisor Rod Cook, City of South Lyon Manager Cindy Hall, Holly Township Clerk Bill Richards, Jr., City of Farmington Bonnie Elliott, White Lake Township Clerk Gary Carey, Hazel Park Community Development Director COMMISSIONERS Ruel E. McPherson, Chairperson William R. Patterson, Vice Chairperson Charles E. Palmer Eric Coleman CITIZENS-AT-LARGE David Duda, Rochester Hills Barbara Eschker, Clarkston Dennis Keat, Rochester Mary Ann Miller, Auburn Hills Michael McReynolds, Oak Park Michelle Myles, Ortonville Thomas Stowell, Pontiac Mary Ann Verdi-Hus, Beverly Hills William Wagoner, Royal Oak Dorothy Webb, Ferndale There being no objections, the appointments were confirmed. MISCELLANEOUS RESOLUTION #99008 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER====S OFFICE - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT 1998 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, Subsection (3), to cover administrative expenses. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Causey-Mitchell the resolution be adopted. Commissioners Minutes Continued. February 4, 1999 19 AYES: Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99009 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER'S OFFICE AUTHORIZATION TO BORROW AGAINST DELINQUENT 1998 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 1998 to the County and the local units (collectively, the "taxing units") that will have remained unpaid on March 1, 1999 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 1999 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 1999 Revolving Fund. In order to implement the continuation of the Revolving Fund Program and in accordance with Act 206, the County hereby establishes a 1999 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 1999 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, Commissioners Minutes Continued. February 4, 1999 20 payable in whole or in part from the Delinquent Taxes and/or from the other sources specified below. 103. Aggregate Amount of Notes. (a) The Notes shall be issued in an aggregate amount to be determined by the Treasurer in accordance with this section. (b) The aggregate amount of the Notes shall not be less than the amount by which the actual or estimated Delinquent Taxes exceeds (i) the County's participating share of Delinquent Taxes, and (ii) any sums otherwise available to fund the Tax Payment Account established under Section 702 (including any monies held in respect of Section 704(c)). (c) The aggregate amount of the Notes shall not be greater than the sum of (i) the actual amount of the Delinquent Taxes pledged to the payment of debt service on the Notes, plus (ii) the amount determined by the Treasurer to be allocated to a reserve fund. Original proceeds of the Notes devoted to a reserve fund shall not exceed the lesser of (A) the amount reasonably required for those of the Notes secured by the reserve fund, (B) 10% of the proceeds of such Notes, (c) the maximum amount of annual debt service on such Notes, or (D) 125% of average annual debt service on such Notes. (d) The aggregate amount of the Notes shall be designated by the Treasurer by written order after (i) the amount of the Delinquent Taxes, or the amount of Delinquent Taxes to be funded by the issuance of the Notes, has been estimated or determined, and (ii) the amount of the reasonably required reserve fund has been calculated. Delinquent Taxes shall be estimated based on delinquencies experienced during the past three fiscal years and on demographic and economic data relevant to the current tax year, and shall be determined based on certification from each of the taxing units. The amount of the reasonably required reserve fund shall be calculated pursuant to such analyses and certificates as the Treasurer may request. 104. Proceeds. If the Notes are issued and sold before the Treasurer has received certification from the taxing units of the amount of the Delinquent Taxes and if such certification is not reasonably anticipated to occur to allow distribution of the proceeds of the Notes within 20 days after the date of issue, the proceeds of the Notes shall be deposited in the County's 1999 Delinquent Tax Project Account and thereafter used to fund the whole or a part of the County's 1999 Tax Payment Account, 1999 Note Reserve Account and/or 1999 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 1999 Tax Payment Account, 1999 Note Reserve Account and/or 1999 Note Payment Account, as provided in Article VII. 105. Treasurer's Order Authorizing Notes and Establishing Delinquent Taxes. At or prior to the time any Notes are issued pursuant to this resolution, the Treasurer, as authorized by Act 206, may issue a written order specifying the amount and character of the Delinquent Taxes, the Article or Articles under which the Notes are being issued and any other matters subject to the Treasurer=s control under either this resolution or Act 206. II. FIXED MATURITY NOTES 201. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued in accordance with this Article II. All reference to "Notes" in Article II refers only to Notes issued pursuant to Article II, unless otherwise specified. 202. Date. The Notes shall be dated as of the date of issue or as of such earlier date specified by written order of the Treasurer. 203. Maturity and Amounts. Notes issued pursuant to this Article II shall be structured in accordance with subsections (a) or (b) below as determined by the Treasurer pursuant to written order. (a) The first maturity of the Notes or of a series of the Notes shall be determined by the Treasurer pursuant to written order, but shall not be later than two years after the date of issue. Later maturities of the Notes shall be on the first anniversary of the preceding maturity or on such earlier date as the Treasurer may specify by written order. The Notes shall be structured with the number of maturities determined by the Treasurer to be necessary or appropriate, and the last maturity shall be scheduled for no later than the fourth anniversary of the date of issue. The amount of each maturity shall be set by the Treasurer when the amount of Delinquent Taxes is determined Commissioners Minutes Continued. February 4, 1999 21 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 ending December 31, 1998, and the corollary schedule setting forth the anticipated rate of collection of those Delinquent Taxes which are pledged to the repayment of the Notes. The amount of each maturity and the scheduled maturity dates of the Notes shall be established to take into account the dates on which the Treasurer reasonably anticipates the collection of such Delinquent Taxes and shall allow for no more than a 10% variance between the debt service payable on each maturity date. The Notes, and the anticipated amount of pledged monies available on such maturity date to make payment of such debt service. (b) Alternatively, the Notes or a series of the Notes may be structured with a single stated maturity falling not later than the fourth anniversary of the date of issue. Notes issued under this subsection (b) shall be subject to redemption on such terms consistent with Section 209 as shall be ordered by the Treasurer, but in no event shall such Notes be subject to redemption less frequently than annually. 204. Interest Rate and Date of Record. (a) Except as otherwise provided in this paragraph, Notes issued pursuant to subsection (a) of Section 203 shall bear interest payable semi-annually, with the first interest payment to be payable (i) on the first date, after issuance, corresponding to the day and month on which the maturity of such Notes falls, or (ii) if the Treasurer so orders, six months before such date. In the event (i) any maturity of the Notes arises either less than six months before the succeeding maturity date or less than six months after the preceding maturity date and (ii) the Treasurer so orders in writing, interest on the Notes shall be payable on such succeeding or preceding maturity date. Subject to the following sentence, Notes issued pursuant to subsection (b) of Section 203 shall, pursuant to written order of the Treasurer, bear interest monthly, quarterly, or semi-annually, 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 Commissioners Minutes Continued. February 4, 1999 22 Registrar. Upon receipt of a properly assigned Note, the Registrar shall authenticate and deliver a new Note or Notes in equal aggregate principal amount and like interest rate and maturity to the designated transferee or transferees. (b) Notes may likewise be exchanged for one or more other Notes with the same interest rate and maturity in authorized denominations aggregating the same principal amount as the Note or Notes being exchanged, upon surrender of the Note or Notes and the submission of written instructions to the Registrar or, in the case of bearer Notes, to the Paying Agent. Upon receipt of a Note with proper written instructions the Registrar or Paying Agent shall authenticate and deliver a new Note or Notes to the owner thereof or to owner's attorney-in-fact. (c) Any service charge made by the Registrar or Paying Agent for any such registration, transfer or exchange shall be paid for by the County as an expense of borrowing, unless otherwise agreed by the Treasurer and the Registrar or Paying Agent. The Registrar or Paying Agent may, however, require payment by a noteholder of a sum sufficient to cover any tax or other governmental charge payable in connection with any such registration, transfer or exchange. 208. Book Entry Depository Trust. At the option of the Treasurer, and notwithstanding any contrary provision of Section 212, the Notes may be deposited, in whole or in part, with a depository trustee designated by the Treasurer who shall transfer ownership of interests in the Notes by book entry and who shall issue depository trust receipts or acknowledgments to owners of interests in the Notes. Such book entry depository trust arrangement, and the form of depository trust receipts or acknowledgments, shall be as determined by the Treasurer after consultation with the depository trustee. The Treasurer is authorized to enter into any depository trust agreement on behalf of the County upon such terms and conditions as the Treasurer shall deem appropriate and not otherwise prohibited by the terms of this resolution. The depository trustee may be the same as the Registrar otherwise named by the Treasurer, and the Notes may be transferred in part by depository trust and in part by transfer of physical certificates as the Treasurer may determine. 209. Redemption. (a) Subject to the authority granted the Treasurer pursuant to subsection (c) of this Section (in the case of fixed rate Notes) and to the authority granted the Treasurer pursuant to Section 404 (in the case of variable rate Notes), the Notes or any maturity or maturities of the Notes shall be subject to redemption prior to maturity on the terms set forth in subsection (b) below. (b) Notes scheduled to mature after the first date on which any Notes of the series are scheduled to mature shall be subject to redemption, in inverse order of maturity, on each interest payment date arising after the date of issue. (c) If the Treasurer shall determine such action necessary to enhance the marketability of the Notes or to reduce the interest rate to be offered by perspective purchasers on any maturity of the Notes, the Treasurer may, by written order prior to the issuance of such Notes, (i) designate some or all of the Notes as non-callable, regardless of their maturity date, and/or (ii) delay the first date on which the redemption of callable Notes would otherwise be authorized under subsection (b) above. (d) Notes of any maturity subject to redemption may be redeemed before their scheduled maturity date, in whole or in part, on any permitted redemption date or dates, subject to the written order of the Treasurer. Notes called for redemption shall be redeemed at par, plus accrued interest to the redemption date, plus, if the Treasurer so orders, a premium of not more than 1%. Redemption may be made by lot or pro rata, as shall be determined by the Treasurer. (e) With respect to partial redemptions, any portion of a Note outstanding in a denomination larger than the minimum authorized denomination may be redeemed, provided such portion as well as the amount not being redeemed constitute authorized denominations. In the event less than the entire principal amount of a Note is called for redemption, the Registrar or Paying Agent shall, upon surrender of the Note by the owner thereof, authenticate and deliver to the owner a new Note in the principal amount of the principal portion not redeemed. (f) Notice of redemption shall be by first class mail 30 days prior to the date fixed for redemption, or such shorter time prior to the date fixed for redemption as may be consented to by the holders of all outstanding Notes to Commissioners Minutes Continued. February 4, 1999 23 be called for redemption. Such notice shall fix the date of record with respect to the redemption if different than otherwise provided in this resolution. Any defect in any notice shall not affect the validity of the redemption proceedings. Notes so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with a paying agent to redeem the same. 210. Discount. At the option of the Treasurer, the Notes may be offered for sale at a discount not to exceed 2%. 211. Public or Private Sale. The Treasurer may, at the Treasurer's option, conduct a public sale of the Notes after which sale the Treasurer shall either award the Notes to the lowest bidder or reject all bids. The conditions of sale shall be as specified in a published Notice of Sale prepared by the Treasurer announcing the principal terms of the Notes and the offering. Alternatively, the Treasurer may, at the Treasurer's option, negotiate a private sale of the Notes as provided in Act 206. If required by law, or if otherwise determined by the Treasurer to be in the best interest of the County, (a) the Notes shall be rated by a national rating agency selected by the Treasurer, (b) a good faith deposit shall be required of the winning bidder, and/or (c) CUSIP numbers shall be assigned to the Notes. If a public sale is conducted or if otherwise required by law or the purchaser of the Notes, the Treasurer shall prepare or cause to be prepared and disseminated an offering memorandum or official statement containing all material terms of the offer and sale of the Notes. Pursuant to any sale of the Notes, the County shall make such filings, shall solicit such information and shall obtain such governmental approvals as shall be required pursuant to any State or Federal law respecting back-up income tax withholding, securities regulation, original issue discount or other regulated matter. 212. Execution and Delivery. The Treasurer is authorized and directed to execute the Notes on behalf of the County by manual or facsimile signature, provided that if the facsimile signature is used the Notes shall be authenticated by the Registrar or any tender agent as may be appointed pursuant to Section 801(c). The Notes shall be sealed with the County seal or imprinted with a facsimile of such seal. The Treasurer is authorized and directed to then deliver the Notes to the purchaser thereof upon receipt of the purchase price. The Notes shall be delivered at the expense of the County in such city or cities as may be designated by the Treasurer. 213. Renewal, Refunding or Advance Refunding Notes. If at any time it appears to be in the best interests of the County, the Treasurer, by written order, may authorize the issuance of renewal, refunding or advance refunding Notes. The terms of such Notes, and the procedures incidental to their issuance, shall be set subject to Section 309 and, in appropriate cases, Article X. III. SHORT TERM RENEWABLE NOTES 301. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued in accordance with this Article III. All references to "Notes" in Article III refer only to Notes issued pursuant to Article III, unless otherwise specified. 302. Date and Maturity. The Notes shall be dated as of their date of issuance or any prior date selected by the Treasurer, and each issuance thereof shall mature on such date or dates not exceeding one year from the date of their issuance as may be specified by written order of the Treasurer. 303. Interest and Date of Record. The Notes shall bear interest payable at maturity at such rate or rates as may be determined by the Treasurer not exceeding the maximum rate of interest permitted by law on the date the Notes are issued. The date of record shall be not fewer than two nor more than 31 days before the date of payment, as designated by the Treasurer prior to the sale of the Notes. 304. Note Form. The form of Note shall be consistent with the prescriptions of this resolution and shall reflect all material terms of the Notes. The Notes shall, in the discretion of the Treasurer and consistent with Section 205, either be payable to bearer or be issued in registered form. If issued in registered form, the Notes may be constituted as book-entry securities consistent with Section 208, notwithstanding any contrary provision of Section 308. 305. Denomination and Numbers. The Notes shall be issued in one or more denomination or denominations, as determined by the Treasurer. The Notes shall be numbered from one upwards in such order as the Treasurer determines. Commissioners Minutes Continued. February 4, 1999 24 306. Redemption. The Notes shall not be subject to redemption prior to maturity. 307. Sale of Notes. The authority and obligations of the Treasurer set forth in Sections 210 and 211 respecting Fixed Maturity Notes shall apply also to Notes issued under Article III. 308. Execution and Delivery. The authority and obligations of the Treasurer set forth in Section 212 respecting Fixed Maturity Notes shall also apply to Notes issued under Article III. 309. Renewal or Refunding Notes. (a) The Treasurer may by written order authorize the issuance of renewal or refunding Notes (collectively the "Renewal Notes"). Renewal Notes shall be sold on the maturity date of, and the proceeds of the Renewal Notes shall be applied to the payment of debt service on, Notes to be renewed. The maturities and repayment terms of the Renewal Notes shall be set by written order of the Treasurer. (b) In the order authorizing Renewal Notes, the Treasurer shall specify whether the Notes shall be issued in accordance with this Article III, in which event the provisions of Article III shall govern the issuance of the Notes, or whether the Notes shall be issued in accordance with Article II, in which event the provisions of Article II shall govern the issuance of the Notes. The order shall also provide for and shall also govern with respect to: (i) the aggregate amount of the Renewal Notes; (ii) the date of the Renewal Notes; (iii) the denominations of the Renewal Notes; (iv) the interest payment dates of the Renewal Notes; (v) the maturity or maturities of the Renewal Notes; (vi) the terms of sale of the Renewal Notes; (vii) whether any Renewal Notes issued in accordance with Article II shall be subject to redemption and, if so, the terms thereof; and (viii)any other terms of the Renewal Notes consistent with, but not specified in, Article II or Article III. (c) Regardless of whether Renewal Notes need be approved by prior order of the Department of Treasury, the Treasurer, pursuant to Section 89(5)(d) of Act 206, shall promptly report to the Department of Treasury the issuance of any Renewal Notes. IV. VARIABLE INTEREST RATE 401. Variable Rate Option. At the option of the Treasurer, exercisable by written order, the Notes, whether issued pursuant to Article II or Article III, may be issued with a variable interest rate, provided that the rate shall not exceed the maximum rate of interest permitted by law. 402. Determination of Rate. The order of the Treasurer shall provide how often the variable interest rate shall be subject to recalculation, the formula or procedure for determining the variable interest rate, whether and on what terms the rate shall be determined by a remarketing agent in the case of demand obligations consistent with Section 801(d), and whether and on what terms a fixed rate of interest may be converted to or from a variable rate of interest. Such formula or procedure shall be as determined by the Treasurer, but shall track or float within a specified percentage band around the rates generated by any one or more of the following indices: (i) Publicly reported prices or yields of obligations of the United States of America; (ii) An index of municipal obligations periodically reported by a nationally recognized source; (iii) The prime lending rate from time to time set by any bank or trust company in the United States with unimpaired capital and surplus exceeding $40,000,000; (iv) Any other rate or index that may be designated by order of the Treasurer provided such rate or index is set or reported by a source which is independent of and not controlled by the Treasurer or the County. The procedure for determining the variable rate may involve one or more of the above indices as alternatives or may involve the setting of the rate by a municipal bond specialist provided such rate shall be within a stated percentage range of one or more of the indices set forth above. Commissioners Minutes Continued. February 4, 1999 25 403. 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 1999 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 1999 Note Payment Account for each series of Notes, and all amounts deposited in the Note Payment Account shall be allocated to the sub-accounts. Commissioners Minutes Continued. February 4, 1999 26 (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 1999 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 1999 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 1999 Note Reserve Account for each series of Notes, into which shall be deposited the amount determined by the Treasurer under Section 103 or Section 703 with respect to the series. Each sub-account shall secure one and only one series. (e) A separate sub-account shall be established in the County's 1999 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 Commissioners Minutes Continued. February 4, 1999 27 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 1999 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 1999 Note Reserve Account created under Section 703 or the 1999 Note Payment Account created under Section 704. Monies in the Project Account may be disbursed by the escrow agent to the County's 1999 Tax Payment Account at any time and from time to time, upon receipt of a written requisition signed by the Treasurer. 702. 1999 Tax Payment Account. The County's 1999 Tax Payment Account (the "Tax Payment Account") is hereby established as a distinct account within the Revolving Fund. The Treasurer shall designate all or a portion of the proceeds of the Notes, not to exceed the amount of Delinquent Taxes, for deposit in the Tax Payment Account. If, however, the proceeds of the Notes are initially deposited in the Project Account pursuant to Section 701, the Treasurer is instead authorized and directed to transfer monies included in the Project Account in accordance with the procedures set forth in Section 701. The County shall apply the monies in the Tax Payment Account to the payment of the Delinquent Taxes or expenses of the borrowing in accordance with Act 206. The allocation of monies from the Tax Payment Account may be made pursuant to a single, comprehensive disbursement or may instead be made from time to time, within the time constraints of Act 206, to particular taxing units as monies are Commissioners Minutes Continued. February 4, 1999 28 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. 1999 Note Reserve Account. In the event funding is provided as described in this Section 703, the Treasurer shall establish a 1999 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 1999 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. 1999 Note Payment Account. (a) The County's 1999 Note Payment Account is hereby established as a distinct account within the Revolving Fund. (The County's 1999 Note Payment Account, as supplemented by monies held in any interim account that are designated for transfer to the 1999 Note Payment Account, is herein referred to as the "Note Payment Account".) The Treasurer is directed to deposit into the Note Payment Account, promptly on receipt, those amounts described below in Paragraphs (i), (ii), (iv), and (v) that are not excluded pursuant to Subsection (c) below. Furthermore, the Treasurer may, by written order, deposit into the Note Payment Account all or any portion of the amounts described below in Paragraph (iii). (i) All Delinquent Taxes. (ii) All statutory interest on the Delinquent Taxes. (iii) All property tax administration fees on the Delinquent Taxes, net of any amounts applied toward the expenses of this borrowing. (iv) Any amounts that are received by the Treasurer from the taxing units within the County because of the uncollectability of the Delinquent Taxes. (v) Any amounts remaining in the Project Account after the transfers to the Tax Payment Account and Note Reserve Account have been made as specified in Sections 702 and 703. (b) Monies in the Note Payment Account shall be used by the County to pay principal of, premium, if any, and interest on the Notes as the same become due and payable. (c) (i) The Treasurer may by written order provide that only a portion of the sums described above in Subsection (a) shall be deposited into the Note Payment Account and applied toward the payment of debt service on the Notes, in which event those sums which are withheld from the Note Payment Account shall be deposited into the Tax Payment Account or, pursuant to further order of the Treasurer, applied toward any other purpose consistent with Act 206. The portion of any sums described in Subsection (a) which are withheld from the Note Payment Commissioners Minutes Continued. February 4, 1999 29 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, 1999, and only those sums payable to the Note Payment Account and received by the County after the cut-off date shall be applied to the Note Payment Account. (d) The Treasurer may by written order provide that at such time as sufficient funds shall have been deposited into the Note Payment Account to pay all remaining amounts owed under the Notes the pledge on any additional monies otherwise payable to the Note Payment Account shall be discharged and such monies shall not be deposited into the Note Payment Account or otherwise pledged toward payment of the Notes. (e) The Treasurer may by written order provide that in the event Notes are issued pursuant to Article III, amounts that would otherwise be included in the Note Payment Account or the Note Reserve Account (or any sub-account therein for a particular series of Notes) shall not include any amounts received by the County prior to the latest maturity date of any series of Notes previously issued under Article II and/or Article III. 705. Limited Tax General Obligation and Pledge. (a) The Notes shall be the general obligation of the County, backed by the County's full faith and credit, the County's tax obligation (within applicable constitutional and statutory limits) and the County's general funds. The County budget shall provide that if the pledged monies are not collected in sufficient amounts to meet the payments of the principal and interest due on the Notes, the County, before paying any other budgeted amounts, shall promptly advance from its general funds sufficient monies to pay such principal and interest. (b) In addition, the monies listed below are pledged to the repayment of the Notes and, subject to Section 901, shall be used solely for repayment of the Notes until the principal of, premium (if any) and interest on the Notes are paid in full: (i) All amounts deposited or earned in any Project Account, until disbursed in accordance with Section 701; (ii) All net proceeds from the sale of the Notes deposited or earned in the Tax Payment Account, until disbursed in accordance with Section 702; (iii) All amounts deposited in the Note Payment Account pursuant to Section 704(a); (iv) All amounts deposited in the Note Reserve Account; (v) All amounts earned from the investment of monies held in the Note Payment Account or the Note Reserve Account; and (vi) Any supplemental monies placed in the Note Payment Account and drawn in the discretion of the Treasurer from unpledged sums on the revolving funds, which pledge shall be subject to such limitations or exceptions as shall be set forth in the written order of the Treasurer. (c) If the Notes shall be issued in various series pursuant to Article V, this pledge shall in the case of any independently secured series extend only to monies in accounts or sub-accounts pertaining to the particular series. (d) If the amounts so pledged are not sufficient to pay the principal and interest when due, the County shall pay the same from its general funds or other available sources. Pursuant to written order of the Treasurer, the County may later reimburse itself for such payments from the Delinquent Taxes collected. 706. Security for Renewal, Refunding or Advance Refunding Notes. Renewal, refunding, or advance refunding Notes shall be secured by all or any portion of the same security securing the Notes being renewed, refunded or advance refunded. The monies pledged in Section 705 for the repayment of the Notes are also pledged for the repayment of the principal of, premium, if any, and interest on any renewal, refunding, or advance refunding Notes issued pursuant to this Resolution, and any such renewal, refunding, or advance refunding Notes shall be the general obligation of the County, backed by its full faith and credit, which shall include the tax obligation of the County, within applicable constitutional and statutory limits. Commissioners Minutes Continued. February 4, 1999 30 707. 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 made therefor by investments of pledged amounts in direct noncallable obligations of the United States of America in amounts and with maturities sufficient to pay all such principal, premium, if any, and interest when due, any further collection of Delinquent Taxes and all excess monies in any fund or account of the Revolving Fund, and any interest or income on any such amounts, may, pursuant to written order of the Treasurer and subject to Article V, be used for any proper purpose within the Revolving Fund including the securing of subsequent issues of notes. VIII. SUPPLEMENTAL AGREEMENTS 801. Supplemental Agreements and Documents. The Treasurer, on behalf of the County, is authorized to enter into any or all of the following agreements or commitments as may, in the Treasurer's discretion, be necessary, desirable or beneficial in connection with the issuance of the Notes, upon such terms and conditions as the Treasurer may determine appropriate: (a) A letter of credit, line of credit, repurchase agreement, note insurance, or similar instrument, providing backup liquidity and/or credit support for the Notes; (b) A reimbursement agreement, revolving credit agreement, revolving credit note, or similar instrument, setting forth repayments of and security for amounts drawn under the letter of credit, line of credit, repurchase agreement or similar instrument; (c) A marketing, remarketing, placement, authenticating, paying or tender agent agreement or dealer agreement designating a marketing, remarketing, authenticating, paying, tender or placement agent or dealer and prescribing the duties of such person or persons with respect to the Notes; and (d) A put agreement or provision allowing the purchaser of the Notes to require the County to repurchase the Notes upon demand at such times as may be provided in such put agreement or provision. (e) An agreement to use amounts formerly pledged to other years borrowings as security for the Notes when no longer so pledged. 802. Revolving Credit Notes. If the Treasurer enters into a revolving credit agreement (the "Agreement") pursuant to Section 801 above, the Agreement may call for the issuance of one or more revolving credit notes (the "Revolving Credit Notes") for the purpose of renewing all or part of maturing Notes or Notes that have been put pursuant to a put agreement or provision. Such Revolving Credit Notes shall be issued pursuant to Article II or III, as appropriate, and in accordance with the following provisions: (a) Interest on the Revolving Credit Notes may be payable on maturity, on prior redemption, monthly, bi-monthly, quarterly, or as otherwise provided in the Agreement. (b) The Revolving Credit Notes may mature on one or more date or dates not later than the final maturity date of the Notes, as provided in the Agreement. (c) The Treasurer may, at the time of the original issuance of the Notes, execute and deliver one Revolving Credit Note in a maximum principal amount not exceeding the lending commitment under the Agreement from time to time in force (and may substitute one such Note in a lesser principal amount for another in the event the lending commitment is reduced), provided that a schedule shall be attached to such Note on which loans and repayments of principal and interest are evidenced and further provided that the making of a loan and the evidencing of such loan on the schedule of any such Note shall constitute the issuance of a renewal Note for purposes of this Resolution. IX. MISCELLANEOUS PROVISIONS 901. Expenses. Expenses incurred in connection with the Notes shall be paid from the property tax administration fees collected on the Delinquent Taxes and, if so ordered by the Treasurer, from any earnings on the proceeds of the offering or from other monies available to the County. 902. Application to Department of Treasury. The Treasurer 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 Commissioners Minutes Continued. February 4, 1999 31 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 1999 Note Payment Account no later than five weeks prior to the final maturity of the Notes. This Section 905 shall not be construed to limit the authority of the Treasurer under State law to charge back under other circumstances or at other times. 907. Investments. The Treasurer is authorized to invest all monies in the Project Account, in the Revolving Fund or in any account or sub-account therein that is established pursuant to this resolution in any one or more of the investments authorized as lawful investments for counties under Act No. 20, Public Acts of 1943, as amended. The Treasurer is further authorized to enter into a contract on behalf of the County under the Surplus Funds Investment Pool Act, Act No. 367, Michigan Public Acts of 1982, as amended, and to invest in any investment pool created thereby monies held in the Project Account, in the Revolving Fund, or in any account or sub-account therein which is established pursuant to this resolution. 908. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is mutilated, lost, stolen, or destroyed, the Treasurer may, on behalf of the County, execute and deliver, or order the Registrar or Paying Agent to authenticate and deliver, a new Note having a number not then outstanding, of like date, maturity and denomination as that mutilated, lost, stolen or destroyed. In the case of a mutilated Note, a replacement Note shall not be delivered unless and until such mutilated Note is surrendered to the Treasurer or the Registrar or Paying Agent. In the case of a lost, stolen, or destroyed Note, a replacement Note shall not be delivered unless and until the Treasurer and the Registrar or Paying Agent shall have received such proof of ownership and loss and indemnity as they determine to be sufficient. ARTICLE X. TAX-EXEMPT NOTES OR REFUNDING 1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The County acknowledges that the current state of Federal law precludes the issuance of the Notes as obligations the interest on which is exempt from Federal income tax. However, the County presently contemplates that anticipated amendments to the Internal Revenue Code of 1986 (the "Code") and/or the Treasury Regulations issued thereunder (the "Regulations") or a change in Michigan law changing the character of the Notes may in the future permit the issuance of general obligation limited tax notes on a tax-exempt basis, and, in view of this expectation, the County, through the offices of the Treasurer, shall issue tax-exempt notes or issue obligations to refund any or all outstanding Notes issued as taxable obligations, at the time, on the terms, and to the extent set forth in this Article X. 1002. Timing of Refunding. The aforementioned refunding obligations (the "Refunding Notes") shall be issued after the effective date of any change in the Code, Regulations, Internal Revenue Service pronouncements or judicial rulings Commissioners Minutes Continued. February 4, 1999 32 which, as confirmed by the written opinion of bond counsel, permit the refunding of all or some of the outstanding Notes with proceeds from obligations the interest on which is excluded from gross income for purposes of Federal income tax. 1003. Extent of Refunding. Subject to the other provisions of this Section 1003, the Refunding Notes shall refund all Notes outstanding at or after the effective date of any change in the law described in Section 1002. This Section 1003 shall not, however, be construed to require the refunding of any Note prior to the time such Note may be refunded on a tax-exempt basis, nor shall this Section 1003 be construed to require the refunding of any Note, if that refunding would result in greater cost to the County (including interest expense, professional fees and administrative outlays) than would arise if the Note were to remain outstanding. 1004. Confirmatory Action. Subsequent to any change in the law described in Section 1002, the Board shall convene to consider any terms of the Refunding Bonds requiring specific ratification by the Board. 1005. Arbitrage Covenant and Tax Law Compliance. In the event tax-exempt Notes or Refunding Notes are issued pursuant to this Article X, the following covenants shall be observed by the County: (i) the County will make no use of the proceeds of the Notes or Refunding Notes and will undertake no other intentional act with respect to the Notes or Refunding Notes which, if such use or act had been reasonably expected on the date of issuance of the Notes or Refunding Notes or if such use or act were intentionally made or undertaken after the date of issuance of the Notes or Refunding Notes, would cause the Notes or Refunding Notes to be "arbitrage bonds," as defined in Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), in the Regulations promulgated under Sections 103 and 148 of the Code or in any successor or supplementary provision of law hereinafter promulgated, (ii) the County will undertake all actions as shall be necessary to maintain the Notes or Refunding Notes as obligations the interest on which qualifies for the tax exemption provided by Section 103(a) of the Code, including, where appropriate and without limitation, filing informational returns with the Secretary of Treasury, keeping accurate account of all monies earned in any fund, account or sub-account authorized by this resolution or any resolution adopted in accordance with Section 1004 above, certifying cumulative cash flow deficits of the County and the local units, and investing any required portion of the gross proceeds of the Notes or Refunding Notes, whether on behalf of the County or the local units, in tax-exempt obligations or State and Local Government Series obligations, and (iii) the County will make timely payment to the United States of any investment earnings, realized by the County on the gross proceeds of the Notes or Refunding Notes, as may be subject to rebate under Section 148(f) of the Code, and, to the extent required under applicable law or deemed by the Treasurer to be in the best interest of the County pursuant to written order, the County's obligation to make such payment to the United States shall also account for excess investment earnings realized by local units on all or a portion of the gross proceeds distributed to, and held by, the local units pursuant to Section 702. (iv) the Treasurer shall be directed to take such actions and to enter into such agreements and certifications, on behalf of the County, as the Treasurer shall deem necessary or appropriate to comply with the foregoing covenants. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Suarez the resolution be adopted. AYES: Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99010 Commissioners Minutes Continued. February 4, 1999 33 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER====S OFFICE - TAX INCREMENT FINANCING DISTRICT REVIEW POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners strongly supports the economic growth of Oakland County; and WHEREAS one of the tools used to promote this economic growth is Tax Increment Financing in the form of Downtown Development Authorities (DDA=s), Tax Increment Finance Authorities (TIFA=s) and Local Development Finance Authorities (LDFA=s); and WHEREAS twenty-eight (28) of the County=s cities, villages and townships are using Tax Increment Financing as a tool to promote their economic growth; and WHEREAS in 1999 Oakland County will contribute nearly $4,000,000 in incremental revenue to these programs; and WHEREAS until amendments to these Tax Increment Financing programs were adopted in 1994 by the State Legislature, the County could not exempt itself from participating in these authorities; and WHEREAS the Board of Commissioners desires to study the implications of future capture of County tax dollars; and WHEREAS the Board of Commissioners now has the option of exempting its property taxes from capture by any newly created or expanded Tax Increment Financing District (DDA=s, TIFA=s or LDFA=s). NOW THEREFORE BE IT RESOLVED the County Treasurer shall continue to represent the County=s interests in all current and future Tax Increment Finance programs per Miscellaneous Resolutions 90144 and 97157. BE IT FURTHER RESOLVED that upon notice of the creation of a new or expanded Tax Increment Financing District (DDA, TIFA, or LDFA), the Oakland County Treasurer shall notify the Chairperson of the Board of Commissioners and the Chairperson of the Finance Committee of the Oakland County Board of Commissioners, who shall convene an Ad Hoc Review Committee consisting of the Chairperson of the Finance Committee, a representative of the County Treasurer, the Equalization Department, the Economic Development Department, and Corporation Counsel. BE IT FURTHER RESOLVED that the County Commissioner or Commissioners representing the requesting community be invited to take part in the Ad Hoc Review Committee process as non-voting participants. BE IT FURTHER RESOLVED that the Ad Hoc Review Committee shall evaluate the proposed district as to its consistency with State statute(s) and the impact of the projected revenue loss to the County and may negotiate recommended agreements on the County=s behalf. BE IT FURTHER RESOLVED that the Ad Hoc Review Committee shall submit its recommendations, including negotiated agreements, to the Finance Committee of the Oakland County Board of Commissioners. BE IT FURTHER RESOLVED that the Finance Committee shall evaluate the recommendations of the Ad Hoc Review Committee and may recommend that the Oakland County Board of Commissioners exempt itself from the proposed district, approve negotiated terms, or take no action and allow the Oakland County Treasurer to represent the County under Miscellaneous Resolutions 90144 and 97157. BE IT FURTHER RESOLVED that the minutes of the Ad Hoc Review Committee be distributed to all Committee Chairs. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. Commissioners Minutes Continued. February 4, 1999 34 MISCELLANEOUS RESOLUTION #99011 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - DISTRIBUTION OF USED COMPUTER EQUIPMENT TO GOVERNMENTS AND QUASI-GOVERNMENTAL ORGANIZATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS with the advancement of technology, Oakland County is necessarily replacing otherwise usable computer equipment with new equipment that is required to accommodate advanced systems' software; and WHEREAS the net effect of this phenomenon is an increasing inventory of used computer equipment that may be disposed of at public auction long before attaining its useful life or held by the Department of Information Technology for an unspecified future use; and WHEREAS the resultant surplus of used computer equipment often matches the operating needs of other governmental and quasi-governmental organizations throughout the County that could effectively employ this hardware in the pursuit of their public purposes; and WHEREAS the transfer of this surplus used computer equipment frees up storage space at the Department of Information Technology and manpower requirements to properly warehouse this equipment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the loaning of used computer equipment under the terms herein specified to governments and quasi-governmental organizations within Oakland County that serve a public purpose, provided that the used equipment is truly surplus and would otherwise be disposed of at public auction. BE IT FURTHER RESOLVED that the term of the loan shall be no longer than five years and bear a rental rate of $1.00 per year to be paid by the benefitting governments and quasi-governmental organizations. BE IT FURTHER RESOLVED that any equipment loans that take place under this policy be reported to the Finance Committee as a part of the Quarterly Financial Forecast. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99012 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: AUTHORIZATION TO RE-ESTABLISH CORRECTIONS STAFFING STUDY TASK FORCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Fiscal Year 1998 Budget and General Appropriations Act created five (5) Deputy I positions for a one-year period to staff an additional post at the Frank Greenan Detention Facility, with continuation of those positions beyond September 30, 1998, subject to review during the 1999 Budget process following the completion of a Corrections Staffing Study conducted through establishment of a Project Steering Committee; and WHEREAS Miscellaneous Resolution #97206 established the Corrections Staffing Study Project Steering Committee and provided authorization for selection and funding of a qualified vendor to assist in conducting the study; and WHEREAS following the Project Steering Committee's selection of a qualified vendor through the competitive bidding process, Miscellaneous Resolution #98054 authorized an additional $20,450 to complete the study and to adjust the study's completion date from March, 1998, to June 30, 1998; and WHEREAS the selected vendor, Allied Correctional Services of Lakewood, Co., presented its final findings and recommendations to the Project Steering Committee on July 14, 1998; and WHEREAS based on the consultant=s report, as well as additional analysis by the Project Steering Committee, the Project Steering Committee prepared and submitted its findings and recommendations to the Public Services Committee on August 25, 1998; and Commissioners Minutes Continued. February 4, 1999 35 WHEREAS Miscellaneous Resolution #98210 accepted and concurred with the Project Steering Committee's final report to implement a phased approach whereby Phase I recommendations would be incorporated into the Fiscal Year 1999 Budget process with Phase II recommendations to be considered during the Fiscal Year 2000 Budget process; and WHEREAS Miscellaneous Resolution #98210 also continued the Project Steering Committee through the balance of 1998 and recommended that it again be established during the next session of the Board to evaluate Phase I in order to formulate recommendations for Phase II; and WHEREAS Phase I was implemented as part of the Fiscal Year 1999 General Appropriations Act and contains 15 recommendations, including the establishment of thirty-five (35) new positions for the Main Jail and Annex, and is to be evaluated as to the reduction of department overtime, following a six month time frame (January - June, 1999). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the creation of a Corrections Staffing Study Task Force whose charge shall be to evaluate Phase I and report its recommendations for implementation of Phase II to the appropriate standing committees of the Board in a timely manner sufficient for consideration during the Fiscal Year 2000 Budget process. BE IT FURTHER RESOLVED that Task Force members shall be appointed by the Board Chairperson, with Board concurrence, and shall be composed of the following: (1) Board of Commissioners' Finance Committee member; (1) Board of Commissioners' Personnel Committee member; (1) Board of Commissioners' Public Services Committee member; (2) Sheriff Department staff, appointed by the Sheriff; (2) Personnel Department staff, appointed by the County Executive; (2) Department of Management and Budget staff, appointed by the County Executive. Chairperson, I move adoption of the foregoing resolution. FINANCE COMMITTEE The Chairperson referred the resolution to the Public Services Committee. There were no objections. MISCELLANEOUS RESOLUTION #99013 BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: FIFTY-SECOND DISTRICT COURT - APPROVAL OF MAGISTRATE NANCY TOLWIN CARNIAK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has provided for Magistrates for the Fifty-Second District Court; and WHEREAS the Judges of the Fifty-Second District Court have appointed Nancy T. Carniak to serve as a Magistrate for the Fifty-Second District Court; and WHEREAS MCL 600.8501(1) provides that Magistrate appointments be approved by the County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the appointment of Nancy T. Carniak to act as a Magistrate for the Fifty-Second District Court be approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Taub supported by Patterson the resolution be adopted. AYES: Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. February 4, 1999 36 MISCELLANEOUS RESOLUTION #99014 BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: SPECIAL ELECTION - 13TH STATE SENATE DISTRICT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a vacancy exists in the office of State Senator - 13th District, caused by the resignation of Senator Michael Bouchard; and WHEREAS pursuant to Section 168.634 of the Michigan Compiled Laws, the Governor has issued a call for a Special Primary and Special Election in the 13th State Senate District and has directed the County Clerk to initiate the necessary procedures provided by law to accomplish this call; and WHEREAS to implement the attached schedule, budgetary amendments must be made to the County Clerk/Register of Deeds budget to pay for a Special Primary Election on February 23, 1999, and a Special Election to be held on March 16, 1999, to fill said vacancy. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners amend the 1999 Oakland County Budget in an amount sufficient to fund the above special elections. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Letter from Governor John Engler to Candice S. Miller, Secretary of State, on file in the County Clerk=s office. FISCAL NOTE (Misc. #99014) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SPECIAL ELECTION - 13TH STATE SENATE DISTRICT 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 vacancy exists in the office of State Senator - 13th District, caused by the resignation of Senator Michael Bouchard. A Special Primary and Special Election in the 13th State Senate District is necessary in order to fill the vacancy. 2. Due to the unforseen nature of this vacancy, sufficient funds are not available in the Election Division=s budget to cover the cost of the special elections. 3. The following budget amendment is recommended: County Clerk/Register of Deeds - Elections Division Account Number Description FY1999 21-230100-01000-4084 Election Supplies $128,000 90-290000-25000-2564 Contingency ( 128,000) TOTAL $ 0 FINANCE COMMITTEE Moved by Taub supported by Devine the resolution be adopted. AYES: Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. February 4, 1999 37 REPORT BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: APPOINTMENT OF ALTERNATES TO SEMCOG To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee recommends the following individuals be appointed as Alternates to SEMCOG for the period of January 1, 1999 through December 31, 1999: Carmen V. Talbot for David Moffitt Lawrence A. Obrecht for Nancy Dingeldey David N. Galloway for Kay Schmid Michelle Friedman Appel for Eric Coleman Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Taub supported by Appel the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Appel the appointments of the following Alternates to SEMCOG, for the period of January 1, 1999 through December 31, 1999, be confirmed: Carmen V. Talbot for David Moffitt Lawrence A. Obrecht for Nancy Dingeldey David N. Galloway for Kay Schmid Michelle Friedman Appel for Eric Coleman AYES: Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson. (25) NAYS: None. (0) A sufficient majority having voted therefor, the appointments were confirmed. REPORT (Misc. #99015) BY: Planning And Building Committee, Charles E. Palmer, Chairperson IN RE: PARKS AND RECREATION COMMISSION - LYON OAKS COUNTY PARK 60-FT RIGHT-OF- WAY REQUEST FOR THE ROAD COMMISSION FOR OAKLAND COUNTY (PART OF TAX SIDWELL NOS. 21-01-100-001 AND 21-01-200-001) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution on January 26, 1999, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #99015 BY: General Government Committee, Shelley Taub, Chairperson IN RE: PARKS AND RECREATION COMMISSION - LYON OAKS COUNTY PARK 60-FT RIGHT-OF- WAY REQUEST FOR THE ROAD COMMISSION FOR OAKLAND COUNTY (PART OF TAX SIDWELL NOS. 21-01-100-001 AND 21-01-200-001) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland owns property located along Pontiac Trail Road, Lyon Township, Michigan, known as Lyon Oaks County Park; and WHEREAS the Western Oakland County Trailway Management Council is requesting the 60-ft. future right-of-way be transferred by quit claim deed to the Road Commission for Oakland County to be dedicated as a permanent easement on County-owned property at the Lyon Oaks County Park, and identified as part of Tax Commissioners Minutes Continued. February 4, 1999 38 Sidwell Nos. 21-01-100-001 and 21-01-200-001, for the installation of a safety path; and WHEREAS the Oakland County Parks and Recreation Commission, as a standard practice, locates perimeter fencing on the proposed right-of-way as requested by the Road Commission for Oakland County; and WHEREAS the Oakland County Parks and Recreation Commission transfers future rights-of-way to the Road Commission for Oakland County as required for special improvements; and WHEREAS this transfer conveys all future liabilities to the Road Commission for Oakland County; and WHEREAS the Parks Administration and Parks and Recreation Commission have reviewed and recommend the dedication of this right-of-way. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the transfer of this 60-ft. right-of-way to the Road Commission for Oakland County for the improvement and future right-of-way of County-owned property identified as part of Tax Sidwell Nos. 21-01-100-001 and 21-01-200-001. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners directs its Chairperson to execute the necessary documents to effect the same. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Taub supported by Colasanti the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Colasanti the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99016 BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - GRANT APPLICATION FOR FETAL-INFANT MORTALITY REVIEW INITIATIVE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding is available from the Michigan Department of Community Health (MDCH) for the development of local teams to review fetal and infant deaths in communities where infant mortality rates are higher than the State average; and WHEREAS the infant mortality rate for the City of Pontiac significantly exceeds the rates for both the State and the County; and WHEREAS the Oakland County Health Division (OCHD) is applying for funds in the amount of $10,000 to assess fetal-infant mortality within the City of Pontiac; and WHEREAS the OCHD will partner with community agencies to assess data and to develop a service delivery model that educates and targets vulnerable and hard- to-reach pregnant women and parents of newborns; and WHEREAS application does not obligate the County of Oakland to any future commitment; and WHEREAS no additional personnel are being requested; and WHEREAS grant applications are due to MDCH on January 25, 1999, and the grant period ends September 29, 1999; and WHEREAS the grant application is being submitted to MDCH pending simultaneous review by the Oakland County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the application to the Michigan Department of Community Health for grant Commissioners Minutes Continued. February 4, 1999 39 funding in the amount of $10,000 to develop a fetal-infant mortality review initiative. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Taub supported by Melton the resolution be adopted. AYES: Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99017 BY: General Government Committee, Shelley Taub, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL - FISCAL YEAR 1998/1999 MICHILD GRANT APPLICATION AND ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #98337, adopted December 10, 1998, the Board of Commissioners established the Human Services Coordinating Council Unit in the Administration Division of the Department of Human Services, to provide on-going support for the activities of the Oakland County Human Services Coordinating Council (HSCC) including functioning as the administrator for any grants received; and WHEREAS the Michigan Department of Community Health (MDCH) has offered the Oakland County HSCC grant funding under the MICHILD program, for the period October 1, 1998 through September 30, 1999, in the amount of $45,000; and WHEREAS grant funds will cover 100% of the program cost, no additional County resources, including personnel, are required; and WHEREAS acceptance of this grant does not bind the County to any future commitment; and WHEREAS this grant has been submitted through the County Executive=s Grant Agreement Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 1998/1999 MIChild Grant funding in the amount of $45,000. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen (15) percent of the original award, which are consistent with original agreement, as approved. BE IT FURTHER RESOLVED that continuation of this program, including personnel, is contingent upon continuation of State funding for this effort. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #99017) BY: Finance Committee, Commissioner Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL - FISCAL YEAR 1998/1999 MICHILD GRANT APPLICATION AND ACCEPTANCE 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 Human Services Coordinating Council Unit, established by the Board of Commissioners per Miscellaneous Resolution #98337, is to provide on-going support for the activities of the Oakland County Human Services Coordinating Council, including functioning as the administrator for any grant received. 2) The Michigan Department of Community Health (MDCH) has awarded the County of Oakland, HSCC grant funding under the MICHILD program in Commissioners Minutes Continued. February 4, 1999 40 the amount of $45,000 for the period of October 1, 1998 through September 30, 1999. 3) The grant covers 100% of the program cost. No additional County resources, including personnel, are requested. FINANCE COMMITTEE Moved by Taub supported by Gregory the resolution be adopted. AYES: Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99018 BY: General Government Committee, Shelley Taub, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL - FISCAL YEAR 1998/99 SERVICES TO CHILDREN AGE 0-3 GRANT APPLICATION AND ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #98337, adopted December 10, 1998, the Board of Commissioners established the Human Services Coordinating Council Unit in the Administration Division of the Department of Human Services, to provide on-going support for the activities of the Oakland County Human Services Coordinating Council (HSCC) including functioning as the administrator for any grants received; and WHEREAS the Michigan Family Independence Agency (FIA) has offered the Oakland County HSCC grant funding under the Services to Children Age 0-3 program, for the period October 1,1998 through September 30, 1999, in the amount of $194,820; and WHEREAS grant funds will cover 100% of the program cost, no additional County resources, including personnel, are required; and WHEREAS acceptance of this grant does not bind the County to any future commitment; and WHEREAS this grant has been submitted through the County Executive=s Grant Agreement Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 1998/1999 Services to Children Age 0-3 Grant funding in the amount of $194,820. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen (15) percent of the original award, which are consistent with original agreement as approved. BE IT FURTHER RESOLVED that continuation of this program, including personnel, is contingent upon continuation of State funding for this effort. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #99018) BY: Finance Committee, Commissioner Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL - FISCAL YEAR 1998/1999 SERVICES TO CHILDREN AGE 0-3 GRANT APPLICATION AND ACCEPTANCE 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 Human Services Coordinating Council Unit, established by the Board of Commissioners per Miscellaneous Resolution #98337, is to provide on-going support for the activities of the Oakland County Human Services Coordinating Council, including functioning as the administrator for any grants received. Commissioners Minutes Continued. February 4, 1999 41 2) The Michigan Family Independence Agency (FIA) has awarded Oakland County HSCC grant funding under the Services to Children Age 0-3 program, in the amount of $194,820, for the period of October 1, 1998 through September 30, 1999. 3) The grant covers 100% of the program cost. No additional County resources, including personnel, are requested. FINANCE COMMITTEE Moved by Taub supported by Dingeldey the resolution be adopted. AYES: Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99019 BY: General Government Committee, Shelley Taub, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL - FISCAL YEAR 1998/99 STRONG FAMILIES/SAFE CHILDREN GRANT APPLICATION AND ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #98337, adopted December 10, 1998, the Board of Commissioners established the Human Services Coordinating Council Unit in the Administration Division of the Department of Human Services, to provide on-going support for the activities of the Oakland County Human Services Coordinating Council (HSCC) including functioning as the administrator for any grants received; and WHEREAS the Michigan Family Independence Agency (FIA) has offered the Oakland County HSCC grant funding under the Strong Families/Safe Children program, for the period October 1,1998 through September 30, 1999, in the amount of $501,244; and WHEREAS grant funds will cover 100% of the program cost, no additional County resources, including personnel, are required; and WHEREAS acceptance of this grant does not bind the County to any future commitment; and WHEREAS this grant has been submitted through the County Executive=s Grant Agreement Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 1998/1999 Strong Families/Safe Children Grant funding in the amount of $501,244. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen (15) percent of the original award, which are consistent with original agreement as approved. BE IT FURTHER RESOLVED that continuation of this program, including personnel, is contingent upon continuation of State funding for this effort. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #99019) BY: Finance Committee, Commissioner Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL - FISCAL YEAR 1998/1999 STRONG FAMILIES/SAFE CHILDREN GRANT APPLICATION AND ACCEPTANCE 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 Human Services Coordinating Council Unit, established by the Board of Commissioners per Miscellaneous Resolution #98337, is to provide on-going support for the activities of the Oakland County Commissioners Minutes Continued. February 4, 1999 42 Human Services Coordinating Council, including functioning as the administrator for any grant received. 2) The Michigan Family Independence Agency (FIA) has awarded the County of Oakland, HSCC grant funding under the Strong Families/Safe Children program in the amount of $501,244 for the period of October 1, 1998 through September 30, 1999. 3) The grant covers 100% of the program cost. No additional County resources, including personnel, are requested. FINANCE COMMITTEE Moved by Taub supported by Moffitt the resolution be adopted. AYES: Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield. (25) NONE: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99020 BY: General Government Committee, Shelley Taub, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL - FISCAL YEAR 1998/1999 CHILD PROTECTION GRANT APPLICATION AND ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #98337, adopted December 10, 1998, the Board of Commissioners established the Human Services Coordinating Council Unit in the Administration Division of the Department of Human Services, to provide on-going support for the activities of the Oakland County Human Services Coordinating Council (HSCC) including functioning as the administrator for any grants received; and WHEREAS the Michigan Family Independence Agency (FIA) has offered the Oakland County HSCC grant funding under the Child Protection program, for the period December 17, 1998 through September 30, 1999, in the amount of $281,170; and WHEREAS grant funds will cover 100% of the program cost, no additional County resources, including personnel, are required; and WHEREAS acceptance of this grant does not bind the County to any future commitment; and WHEREAS this grant has been submitted through the County Executive=s Grant Agreement Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 1998/1999 Child Protection Grant funding in the amount of $281,170. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen (15) percent of the original award, which are consistent with original agreement as approved. BE IT FURTHER RESOLVED that continuation of this program, including personnel, is contingent upon continuation of State funding for this effort. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #99020) BY: Finance Committee, Commissioner Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL - FISCAL YEAR 1998/1999 CHILD PROTECTION GRANT APPLICATION AND ACCEPTANCE 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. February 4, 1999 43 1) The Human Services Coordinating Council Unit, established by the Board of Commissioners per Miscellaneous Resolution #98337, is to provide on-going support for the activities of the Oakland County Human Services Coordinating Council, including functioning as the administrator for any grant received. 2) The Michigan Family Independence Agency (FIA) has awarded the County of Oakland, HSCC grant funding under the Child Protection program in the amount of $281,170 for the period of December 17, 1998 through September 30, 1999. 3) The grant covers 100% of the program cost. No additional County resources, including personnel, are requested. FINANCE COMMITTEE Moved by Taub supported by Sever the resolution be adopted. AYES: Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99021 BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO BOARD RULES: CLARIFICATION OF STANDING COMMITTEE RESPONSIBILITIES ON PERSONNEL MATTERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on January 5, 1999, the Board of Commissioners did adopt the Rules of Procedure for the Oakland County Board of Commissioners, 1999 Edition; and WHEREAS as adopted, the rules exclude standing committees, other than the Personnel Committee, from reviewing and recommending on the creation of new positions or reorganizations within departments to which the standing committees have liaison responsibility; and WHEREAS in order to clarify the responsibility of the Personnel Committee in relation to the other standing committees, amendments to the Board Rules are necessary. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby amend the Rules of Procedure for the Oakland County Board of Commissioners, 1999 Edition as follows: Rule XI, STANDING COMMITTEES= RESPONSIBILITIES C. PERSONNEL 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) Personnel Department (b) Oakland County Retirement Commission (c) Deferred Compensation Board (2) To prepare specific rules and to carry out the provisions and intent of policies established pursuant to the Oakland County Merit System, and provisions of all employee fringe benefit programs. (3) To review and make recommendations to the Board of Commissioners on personnel matters, including positions, wages, fringe benefits, changes in position classifications, departmental reorganizations and salary adjustments. In addition, to receive and review the annual affirmative action reports for all departments. TO REVIEW AND MAKE RECOMMENDATION(S) TO THE BOARD OF COMMISSIONERS ON PERSONNEL MATTERS, INCLUDING WAGES, FRINGE BENEFITS, CHANGES IN POSITION CLASSIFICATIONS AND SALARY ADJUSTMENTS. TO RECEIVE AND REVIEW THE ANNUAL AFFIRMATIVE ACTION REPORTS FOR ALL DEPARTMENTS. Commissioners Minutes Continued. February 4, 1999 44 (4) TO REVIEW AND REPORT TO THE BOARD OF COMMISSIONERS ON LIAISON COMMITTEE RECOMMENDATIONS FOR NEW POSITIONS AND/OR DEPARTMENTAL REORGANIZATIONS. (45) To meet with the Oakland County Retirement Commission concerning all matters contemplated in Section 12-a of Act 156 of the Public Acts of 1851, as amended, prescribing the duties and defining the powers of the Board of Commissioners.; and BE IT FURTHER RESOLVED that Rule XI be amended to insert the following language as A.(2) under the Finance Committee, as B.(3) under the General Government Committee, as D.(2) under the Planning and Building Committee, and as E. (2) under the Public Services Committee: TO RECEIVE AND REVIEW, ALL REQUESTS FOR NEW POSITIONS AND/OR DEPARTMENTAL REORGANIZATIONS FROM LIAISON DEPARTMENTS. and that all subparagraphs be appropriately renumbered. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Taub supported by Law the resolution be adopted. AYES: Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioner Law requested a Public Hearing be scheduled for the purpose of allowing public comment on the County Executive - Departmental Reorganization/Transfer of Employment and Training and Equalization Divisions. The Chairperson scheduled the hearing for February 25, 1999 at 10:00 A.M. in the Board of Commissioners= Auditorium. MISCELLANEOUS RESOLUTION #99022 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: COUNTY EXECUTIVE - DEPARTMENTAL REORGANIZATION/TRANSFER OF EMPLOYMENT AND TRAINING AND EQUALIZATION DIVISIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 14(a) of Public Act 139 of 1973, the Unified Form of County Government Act under which Oakland County government is organized, specifies ...the board of county commissioners may: ...transfer a function from one department to another upon the affirmative recommendation of the ...county executive and following a public hearing.; and WHEREAS to improve the effectiveness and efficiency of service delivery to the public by consolidating like functions, i.e., service functions of business expansion and job creation and training and the regulatory functions of budget and taxation, the County Executive recommends the following transfer of functions: 1) Employment and Training Division from the Department of Public Services (172) to the Department of Community and Economic Development (193); and 2) Equalization Division from the Department of Community and Economic Development (194) to the Department of Management and Budget (125); and WHEREAS in order to more accurately reflect their function, the County Executive recommends that the name of the Employment and Training Division be changed to the Workforce Development Division. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the transfer of functions, work units, staff and operating budgets as follows: Commissioners Minutes Continued. February 4, 1999 45 1) Employment and Training Division from the Department of Public Services (172) to the Department of Community and Economic Development (193); and 2) Equalization Division from the Department of Community and Economic Development (194) to the Department of Management and Budget (125). BE IT FURTHER RESOLVED that at the time of transfer the name of the Employment and Training Division be changed to the Workforce Development Division. Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Planning and Building, Public Services and Finance Committees. There were no objections. REPORT (Misc. #99023) BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF - REORGANIZATION OF SHERIFF'S OFFICE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having considered the above-referenced resolution on January 26, 1999, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #99023 By: Personnel Committee, Thomas A. Law, Chairperson IN RE: SHERIFF - REORGANIZATION OF SHERIFF=S OFFICE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a new Sheriff has assumed office and has reviewed the current organizational structure of the Sheriff Department; and WHEREAS the Sheriff has proposed a reorganization of certain departmental functions to increase effectiveness and meet needs efficiently under his new direction; and WHEREAS this proposal includes the deletion of the Major position which will free up funds to be reallocated to cover a significant portion of this reorganization; and WHEREAS one Captain position is proposed to be upwardly reclassified to a new classification titled Captain-Chief of Staff to recognize that this position will assume some of the duties previously performed by the Major; and WHEREAS two new classifications and positions titled Sheriff Community Liaison and Sheriff State and Federal Coordinator are proposed to be created within the Sheriff=s Office to function as liaison for the Sheriff with Oakland County communities and State and Federal governments; and WHEREAS the Protective Services Division is proposed to be retitled to Patrol Services Division. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the reorganization of the Sheriff=s Office which includes the following actions. BE IT FURTHER RESOLVED to delete the position and classification of Major (#43101-01497). BE IT FURTHER RESOLVED to create a new classification titled Captain-Chief of Staff, Overtime Exempt, with a flat annual salary rate of $68,767/yr and to reclassify one Captain position (#43101-02272) to this new classification. BE IT FURTHER RESOLVED to transfer the Business Manager-Sheriff position (#43201-05426) from Administrative Services to the Sheriff=s Office. BE IT FURTHER RESOLVED to create a new classification titled Sheriff Community Liaison at salary grade 11, Overtime Exempt, and one GF/GP position in this classification located in the Sheriff=s Office. BE IT FURTHER RESOLVED to create a new classification titled Sheriff State and Federal Coordinator at salary grade 11, Overtime Exempt, and one GF/GP position in this classification located in the Sheriff=s Office. Commissioners Minutes Continued. February 4, 1999 46 BE IT FURTHER RESOLVED to retitle the Sheriff/Protective Services Division to Sheriff/Patrol Services. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (Misc. #99023) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: REORGANIZATION OF SHERIFF=S OFFICE 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 Sheriff=s Department has requested a reorganization of their front office, including the creation of two (2) new General Fund/General Purpose positions, an increase for the Captain-Chief of Staff position, and the deletion of the vacant Major position, as stipulated in the resolution. 2. Due to the fact that the Major position is currently vacant, and that the proposed upgrades will not occur until Board approval, sufficient funds exist in the Fiscal Year 1999 Sheriff=s budget to cover this change for the balance of Fiscal Year 1999. However, the Fiscal Year 2000 budget requires the following amendment: General Fund 43 23101 20001 2001 Salaries $4,964 43 23101 20001 2074 Fringes ( 1,014) 43 23201 20002 3784 Uniform Replace. ( 3,950) $ 0 FINANCE COMMITTEE Moved by Law supported by Moffitt the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Law supported by Moffitt the resolution be adopted. AYES: McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law. (24) NAYS: Melton. (1) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99024 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PERSONNEL DEPARTMENT - LABOR AGREEMENT CONTRACT EXTENSION FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (BOARD OF COMMISSIONERS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a labor agreement between the County of Oakland and the American Federation of State, County and Municipal Employees (AFSCME) has been negotiated covering approximately three (3) employees of the Board of Commissioners; and WHEREAS an agreement has been reached to extend the labor agreement currently in effect through September 30, 1999, and said agreement has been reduced to writing; and WHEREAS the agreement is based on a me too with the general non- represented employees for Fiscal Year 1998 and Fiscal Year 1999 wages and benefits. NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County of Oakland and the American Federation of State, County and Municipal Employees, covering the period of January 1, 1998 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. Commissioners Minutes Continued. February 4, 1999 47 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 County Clerk=s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99025 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PERSONNEL DEPARTMENT - 1999-2001 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (PROSECUTOR INVESTIGATORS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the American Federation of State, County and Municipal Employees (AFSCME) has been negotiating a labor agreement covering approximately four (4) Prosecutor Investigator=s; and WHEREAS a 3-year agreement has been reached for the period January 1, 1999 through September 30, 2001; and WHEREAS the agreement has been reduced to writing and reviewed by your Personnel Committee, which recommends approval of the agreement; and WHEREAS the agreement is based on a me too with the general non- represented employees for Fiscal Year 1999, Fiscal Year 2000 and Fiscal Year 2001 wages and benefits. NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County of Oakland and the American Federation of State, County and Municipal Employees, covering the period of January 1, 1999 through September 30, 2001, 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 County of Oakland and The Oakland County Prosecutor and Local 3075, Michigan Council 25 American Federation of State, County and Municipal Employees, Prosecutor=s Investigators, Collective Bargaining Agreement, 1999-2001, on file in County Clerk=s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99026 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PERSONNEL DEPARTMENT - 1999-2001 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION (PUBLIC HEALTH NURSES) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Michigan Nurses Association have been negotiating a contract covering approximately 124 Public Health Nurses in the Health Division; and WHEREAS a 3-year agreement has been reached for the period January 1, 1999 through September 30, 2001; and WHEREAS this agreement has been reduced to writing and 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 Michigan Nurses Association, covering the period of January 1, 1999 through September 30, 2001, 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 Commissioners Minutes Continued. February 4, 1999 48 Copy of The County of Oakland and Michigan Nurses Association Collective Bargaining Agreement, 1999-2001, on file in County Clerk=s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Moved by Garfield supported by Douglas to reconsider Miscellaneous Resolution #99023, SHERIFF - REORGANIZATION OF SHERIFF=S OFFICE, to change his vote to NO . A sufficient majority having voted therefor, the motion to reconsider carried and Miscellaneous Resolution #99023, SHERIFF - REORGANIZATION OF SHERIFF=S OFFICE, was before the Board. Moved by Law supported by Moffitt the resolution be adopted. AYES: McPherson, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Gregory, Jensen, Law, McCulloch. (23) NAYS: Melton, Garfield. (2) A sufficient majority having voted therefor, Miscellaneous Resolution #99023 was adopted. REPORT (Misc. #99003) BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF DEPARTMENT COMPLEX: DEDICATION AS THE JOHN F. NICHOLS LAW ENFORCEMENT COMPLEX To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above-referenced resolution on January 26, 1999, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE REPORT (Misc. #99003) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: SHERIFF DEPARTMENT COMPLEX: DEDICATION AS THE JOHN F. NICHOLS LAW ENFORCEMENT COMPLEX To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution on January 26, 1999, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE REPORT (Misc. #99003) BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF DEPARTMENT COMPLEX: DEDICATION AS THE JOHN F. NICHOLS LAW ENFORCEMENT COMPLEX To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on January 11, 1999, recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. February 4, 1999 49 MISCELLANEOUS RESOLUTION #99003 BY: Frank H. Millard, Jr., Commissioner, District 4 IN RE: SHERIFF DEPARTMENT COMPLEX: DEDICATION AS "THE JOHN F. NICHOLS LAW ENFORCEMENT COMPLEX" To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the passing of John Francis Nichols on December 18, 1998, brought to a close a brilliant law enforcement career spanning 56 years, including service for the City of Detroit where he rose through the ranks from police officer to Police Commissioner, the City of Farmington Hills where he served as Chief of Police, and as Sheriff of the County of Oakland from 1984 to his death; and WHEREAS Sheriff Nichols was a man among men, a man who never shrank from his duty and whose dedication to public service has brought honor to his name and respect to those law enforcement agencies and personnel who have had the privilege of serving with him; and WHEREAS it is fitting to honor the legacy of Sheriff John Francis Nichols by assuring that his dedication and sacrifices as a law enforcement professional are not forgotten through the passage of time and that his name be memorialized in tribute to this true and faithful servant. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby dedicate and direct that the Oakland County government building now known as the "Law Enforcement Complex" located at 1201 N. Telegraph Road, Pontiac, Michigan, be renamed and shall hereinafter be known as and referred to as "The John F. Nichols Law Enforcement Complex." BE IT FURTHER RESOLVED that the Board of Commissioners further directs that the appropriate department be directed to design, create and affix a monument and/or plaque to the law enforcement complex in keeping with the intent of this resolution forthwith. Chairperson, I move the adoption of the foregoing resolution. Frank H. Millard, Jr., David Galloway, Dan Devine, David L. Moffitt, Ruel McPherson, Don Jensen, Nancy Dingeldey, Vincent Gregory, Ron Colasanti, Lawrence A. Obrecht, William R. Patterson, Thomas A. Law, John P. Garfield, George W. Suarez, Michelle Friedman Appel, Tim Melton, John McCulloch, Shelley Taub, Kay Schmid, Fran Amos, Terry Sever, Eric Coleman, Sue Ann Douglas, Brenda A. Causey-Mitchell Moved by Millard supported by Schmid the Public Services Committee, Planning and Building Committee and General Government Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Millard supported by Schmid the resolution be adopted. AYES: Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. February 4, 1999 50 MISCELLANEOUS RESOLUTION #99027 BY: Public Services Committee, Frank Millard, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - ACCEPTANCE OF ACCESS AND VISITATION GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Friend of the Court, a part of the Family Division of the Circuit Court, is responsible for enforcing parenting time (visitation) orders issued by the Family Division judges; and WHEREAS the Friend of the Court/Family Division of Circuit Court have used HAVEN to provide services for the Friend of the Court/Family Division for supervised parenting time in appropriate cases; and WHEREAS Federal grant money has been made available to the State Court Administrative Office for services and programs to foster and enhance parenting time programs; and WHEREAS these grants can only be made available to agencies such as HAVEN by partnering with the Friend of the Court; and WHEREAS the Oakland County Friend of the Court applied for and was awarded a grant for 1999 in the amount of $55,224.00; and WHEREAS HAVEN will supply any and all matching funding to receive this grant at no expense to the County; and WHEREAS the grant funds will be used by HAVEN to expand and add parenting time services to clients referred to HAVEN by the Friend of the Court/Family Division judges; and WHEREAS the $55,224.00 grant will be paid to the Oakland County Friend of the Court for transfer to HAVEN to implement the expanded program with no costs to the County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the Access and Visitation Grant in the amount of $55,224.00. BE IT FURTHER RESOLVED that no County funding is appropriated to receive this grant and any matching funding will be provided by HAVEN. BE IT FURTHER RESOLVED that upon receipt of the grant funds they will be paid to HAVEN for providing expanded and additional parenting time services in accordance with the grant application. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Fran Amos presented a Community Mental Health update. MISCELLANEOUS RESOLUTION #99028 BY: Commissioner Eric Coleman, District #21 IN RE: OAKLAND COUNTY====S RANDOM ACTS OF KINDNESS MONTH AND TEDDY BEAR CAMPAIGN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is when we step outside of the comfortable boundaries of our daily lives that our good deeds, too, move beyond the routine and enter into the realm of the extraordinary and indeed become embodiments of compassion; and WHEREAS recognizing the power of gratuitous goodness, Random Acts of Kindness has become a national campaign and celebration established as a counterbalance to the anger and random acts of violence that permeates our society. The Random Acts of Kindness Campaign seeks to increase self-esteem and deepen our connection with others through the practice of simple, day-to-day kindness to our fellow humankind; and WHEREAS the Oakland County Board of Commissioners encourages everyone to participate in Random Acts of Kindness, for it is in engaging in these spontaneous, kind deeds towards those whose names, faces and true circumstances you will never really know, that we can transform not only the world, but ourselves. Commissioners Minutes Continued. February 4, 1999 51 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby proclaims the month of February to be Random Acts of Kindness Month and kick-off for the Teddy Bear Campaign in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in conjunction with the Oakland County Sheriff=s Department, hereby establishes an annual County-wide Teddy Bear Campaign to collect teddy bears to give to children in distress. BE IT FURTHER RESOLVED that the Oakland County Sheriff=s Department is charged with the responsibility of coordinating the collection and disbursement of the donated teddy bears to individual children, and to local police departments and community organizations that also encounter needy children within Oakland County. BE IT FINALLY RESOLVED that the Oakland County Board of Commissioners urges people, community organizations and businesses throughout Oakland County to participate in the celebration of Random Acts of Kindness by engaging in a small, yet powerful good deed of donating to the Teddy Bear Campaign, thus ensuring throughout the year that every traumatized child in Oakland County receives a new teddy bear to love. Chairperson, I move the adoption of the foregoing resolution. Eric Coleman, David L. Moffitt Moved by Moffitt supported by Dingeldey to suspend the rules to immediately consider the resolution and cast a unanimous vote. Douglas objected to immediate consideration of the resolution. Discussion followed. The Chairperson asked Moffitt to withdraw his motion; he agreed. The Chairperson asked Dingeldey to withdraw her support; she agreed. Captain Michael McCabe addressed the Board to state the Sheriff supports the resolution. Discussion followed. Moved by Moffitt supported by Coleman to let the motion for immediate consideration stand. Discussion followed. The Chairperson stated a YES vote would waive the Rules and a NO vote would send the resolution through the normal process. AYES: Millard, Moffitt, Patterson, Schmid, Appel, Coleman, Dingeldey, Galloway, Garfield, Gregory, Law, McPherson. (12) NAYS: Obrecht, Palmer, Sever, Suarez, Taub, Amos, Causey-Mitchell, Devine, Douglas, Jensen, McCulloch, Melton. (12) A sufficient majority not having voted therefor, the motion failed. The Chairperson referred the resolution to the Public Services Committee. There were no objections. In accordance with Rule XXII G , the Chairperson made the following referrals: FINANCE COMMITTEE a. City of Novi - Notice of Public Hearing to Establish a Downtown Development Authority GENERAL GOVERNMENT COMMITTEE a. Clean Water Action - Groundwater Maps PLANNING AND BUILDING COMMITTEE a. Hamburg Township - Upper Huron River Watershed Protection Program Commissioners Minutes Continued. February 4, 1999 52 PUBLIC SERVICES COMMITTEE a. Michigan Supreme Court - Quarterly Equity Fund b. Department of State Police - FEMA Snow Emergency Grant Application OTHERS Brent Bair a. Department of State Police - FEMA Snow Emergency Grant Application County Treasurer & Kay Schmid a. City of Novi - Notice of Public Hearing to Establish a Downtown Development Authority There were no objections to the referrals. The Board meeting adjourned at 10:40 A.M. to the call of the Chair or February 25, 1999 at 9:30 A.M. G. WILLIAM CADDELL JOHN McCULLOCH Clerk Chairperson