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ANTRIM COUNTY BOARD OF COMMISSIONERS Thursday, January 9, 2003 |
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The Chairman called the meeting to order at 9:00 a.m. |
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Present - Robert McLeod, Eugene Dawson, Larry Bargy, Jack White, David Howelman,
Michael Crawford, Laura Stanek,
Bernard Blackmore, Joseph Allen. Absent: None |
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The Pledge of Allegiance was given. |
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The Chairman called for Public Comment. Kent McNeil questioned the permitting
process on environmental issues. Ed
Martel questioned the permitting process particularly concerning the DEQ, informed
that he had made a freedom of information request for telephone bills for the
Register of Deeds, Equalization Department, and Prosecuting Attorney, and
commented on environmental terrorists.
Public Comment ended at 9:07 a.m. |
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It was moved by Stanek, seconded
by Crawford that the minutes of December 12, 2002 be approved. Motion carried all members present voting
yes. |
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It was moved by Stanek, seconded
by McLeod that, due to an Emergency Services Department 2002 budget deficit
of $1,000, the Capital Outlay budget of the Emergency Services Department be
reduced by $1,000. Motion carried by a
yea and nay vote as follows: Yes - McLeod, Dawson, Bargy,
White, Howelman, Crawford, Stanek,
Blackmore, Allen; No - None; Absent - None. |
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It was moved by Stanek, seconded
by McLeod that the Sheriff purchase two vehicles as budgeted - one out of the
general capital outlay for $21,000 and one 4-wheel drive vehicle out of
Secondary Roads for $27,000. Motion
carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman,
Crawford, Stanek, Blackmore,
Allen; No - None; Absent - None. |
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It was moved by Stanek, seconded
by McLeod that the Sheriff purchase a snowmobile with accessories as budgeted
for $6,715. Motion carried by a yea
and nay vote as follows: Yes - McLeod, Dawson, Bargy,
White, Howelman, Crawford, Stanek,
Blackmore, Allen; No - None; Absent - None. |
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It was moved by Stanek, seconded
by McLeod that the Sheriff purchase three dry suits
as budgeted for $3,617.40. Motion
carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman,
Crawford, Stanek, Blackmore,
Allen; No - None; Absent - None. |
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It was moved by Stanek, seconded
by McLeod that Fund #225 - Animal Control donations - be established and the
Sheriff have discretion to spend up to $500; any anticipated purchases
exceeding $500 to be approved by the Finance Committee. Motion carried by a yea and nay vote as
follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None. |
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It was moved by Stanek, seconded
by Bargy that the claims and accounts totaling
$91,084.51 be approved and paid.
Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson,
Bargy, White, Howelman,
Crawford, Stanek, Blackmore,
Allen; No - None; |
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Absent - None. |
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It was moved by McLeod, seconded by Crawford that changes
in the following benefits be made for the Undersheriff
and the Jail Nurse: change the buy
back for the personal days from 75% to 100% and the vacation from the schedule
observed by the Unrepresented and the General Unit to the vacation schedule
outlined in the bargaining contract of the Command Unit in the Sheriff
Department. Motion carried by a yea
and nay vote as follows: Yes - McLeod, Dawson, Bargy,
White, Howelman, Crawford, Stanek,
Blackmore, Allen; No - None; Absent - None. |
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Mr. McLeod reported that an agreement on wage increases
had been reached with the Unrepresented. |
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It was moved by McLeod, seconded by Crawford that, in
accordance with the agreement with the Unrepresented, the following salaries
and wages be approved: |
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January 1 |
July 1 |
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Abstractor $ 37,801 38,935 |
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Airport Manager 38,094 |
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Asst. Prosecuting Attorney To be determined |
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Associate Planner 31,820 |
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Building Official 41,518 42,348 |
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Chief Asst. Prosecuting Attorney 48,602 50,060 |
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Commission on Aging Director 36,202 36,926 |
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Coordinator/Planner 48,276 49,242 |
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Coordinator - Administrative Assistant 15.15/hr 15.60/hr |
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Coordinator - Secretary
11.25/hr to be
determined |
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Dial-a-Ride Director 43,257 44,122 |
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Dial-a-Ride - Secretary 11.63/hr |
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Emergency Services Coordinator
14.20/hr
14.62/hr |
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Equalization Director 44,898 46,245 |
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Housing Director 15.67/hr |
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Jail Nurse 45,340 |
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Maintenance Director 31,541 32,014 |
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Parks Manager 13.96/hr |
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Prosecuting Atty. - Administrative Asst.
14.92
15.36 |
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Undersheriff 45,535 46,446 |
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Veterans Counselor 10.29 |
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Victims Rights
13.20
13.39 |
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County Clerk 44,117 44,779 |
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County Treasurer 43,304 43,954 |
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Drain Commissioner 7,172 |
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Prosecuting Attorney 70,471 71,528 |
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Register of Deeds 40,514 41,122 |
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Sheriff 49,783 50,530 |
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and the percentages that are received by the Prosecuting Attorney, Commission on Aging Director, County Clerk, and Sheriff shall also be applied to the supplements received by those officers that are not directly reimbursed by grants and the 2003 Budgets be amended to reflect these increases. Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None.
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It was moved by McLeod, seconded by Crawford that Scott Reed be hired as Field Appraiser in the Equalization Department. Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None. |
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The Chairman appointed Fred Hunt to the Road Commission. |
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It was moved by McLeod, seconded by Crawford that the
appointment of Fred Hunt to the Road Commission, term to expire 12/31/2008 be
approved. Motion carried by a yea and
nay vote as follows: Yes - McLeod, Dawson, Bargy,
White, Howelman, Crawford, Stanek,
Blackmore, Allen; No - None; Absent - None. |
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Peter Garwood presented the 2003 Remonumentation Grant for
funds totaling $38,741. |
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It was moved by McLeod, seconded by Howelman
that the Chairman and Coordinator/Planner be authorized to sign the
Remonumentation Grant Agreement.
Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson,
Bargy, White, Howelman,
Crawford, Stanek, Blackmore,
Allen; No - None; Absent - None. |
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The Chairman made the following appointments: |
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Transportation Liaison Robert
Straw |
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Conservation Resource Alliance Representative Eugene Dawson |
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Northern Michigan Counties Association |
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Delegate Robert McLeod |
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Alternate Jack White |
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Community Corrections Advisory Board |
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Representative Robert McLeod |
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Alternate Larry Bargy |
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Northern MI Substance Abuse Representative Donald Schuiteman |
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NW MI Workforce Development Board James Barnard |
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(terms expire
12/31/2002) Jerald
Rives |
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It was moved by McLeod, seconded by Crawford that the
above named appointments be approved.
Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson,
Bargy, White, Howelman,
Crawford, Stanek, Blackmore,
Allen; No - None; Absent - None. |
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RESOLUTION #07-03 by Eugene Dawson, seconded by Laura Stanek |
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WHEREAS, pursuant to Act No. 51 of the Public Acts of
1951, as amended (Act 51), it is necessary for the Antrim County Board of
Commissioners (hereby known as THE APPLICANT) established under Act 94-1935,
to provide a local transportation program for the state fiscal year of 2004
and, therefore, apply for state financial assistance under provisions of Act
51; and |
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WHEREAS, it is necessary for THE APPLICANT, to name an
official representative for all public transportation matters, who is
authorized to provide such information as deemed necessary by the State
Transportation Commission or department for its administration of Act 51; and |
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WHEREAS, it is necessary to certify that no changes in
eligibility documentation have occurred during the past state fiscal year;
and |
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WHEREAS, the performance indicators for this agency have
been reviewed and approved by THE APPLICANT; and |
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WHEREAS, THE APPLICANT, has reviewed and approved the
proposed balanced (surplus) budget, and funding sources of estimated federal
funds $64,550, estimated state funds $258,200, estimated local funds $47,000,
estimated farebox $182,300, estimated other funds
$37,450, with total estimated expenses of $589,500. |
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NOW, THEREFORE, BE IT RESOLVED that THE APPLICANT hereby
makes its intentions known to provide public transportation services and to
apply for state financial assistance with this annual plan, in accordance
with Act 51; and |
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HEREBY, appoints Robert Straw, as the Transportation
Coordinator, for all public transportation matters, who is authorized to
provide such information as deemed necessary by the State Transportation
Commission or department for its administration of Act 51 for 2004. |
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Yes - McLeod, Dawson, Bargy,
White, Howelman, Crawford, Stanek,
Blackmore, Allen; |
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No - None; |
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Absent - None. |
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RESOLUTION #07-03 DECLARED ADOPTED. |
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Howard Yamaguchi reported that at the 911 meeting
discussion was held on standardized mapping throughout the county with the
coordination of 911, Road Commission, Equalization, Planning Department, and
any other agencies using mapping.
There was a question concerning funding. 911 Funds could cover part of the cost -
other sources of funding would be needed. |
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Ed Martel talked about possible liability situations as
far as the issuance of permits for wetlands areas. |
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The Planning Commission recommended creating an ad-hoc
committee consisting of members from the Board of Commissioners, the Health
Department, and the Planning Commission to look at improving county septic
systems. The Chairman requested the
Health and Public Safety Committee to meet with Health Department
representatives concerning this issue. |
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Mike Crawford spoke on the dangers to the public utilizing
the frozen lakes for recreational purposes created by aerators (bubblers)
softening the ice and requested suggestions on local ordinances or other
means to address the situation. The
matter was referred to the Health and Public Safety Committee. |
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RESOLUTION #08-03 by Robert McLeod, seconded by Bernard Blackmore |
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Resolution to borrow against anticipated
delinquent 2002 real property taxes. |
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WHEREAS, the Board of Commissioners of the County of
Antrim (the “County”) has heretofore adopted a resolution establishing the
Antrim County Delinquent Tax Revolving Fund (the “Fund”) pursuant to Section
87b of Act No. 206, Public Acts of Michigan, 1893, as amended (“Act
206"); and |
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WHEREAS, the
purpose of the Fund is to allow the Antrim County Treasurer (the “County
Treasurer”) to pay from the Fund any or all delinquent real property taxes
that are due and payable to the County and any school district, intermediate
school district, community college district, city, township, special assessment
district, the State of Michigan or any other political unit for which
delinquent tax payments are due; and |
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WHEREAS, it is hereby determined to be necessary for the County to borrow money and issue its notes for the purposed authorized by Act 206, particularly Sections 87c, 87d and 89 thereof; and |
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WHEREAS, it is estimated that the total amount of unpaid
2002 delinquent real property taxes (the “delinquent taxes”) outstanding on
March 1, 2003, will be approximately $4.0 million, exclusive of interest, fees
and penalties. |
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NOW, THEREFORE, BE IT RESOLVED by the Board of
Commissioners of the County of Antrim, State of Michigan, as follows: |
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Authorization
of Borrowing |
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1. Pursuant
to and in accordance with the provisions of Act 206, Public Acts of Michigan,
1893, as amended, and especially Sections 87c, 87d and 89 thereof, the County
shall borrow the sum of not to exceed three million dollars ($3,000,000) and
issue its notes (the “notes”) therefore for the purpose of continuing the
Fund for the 2002 tax year. The exact
amount to be borrowed shall not exceed the amount of delinquent taxes
outstanding on March 1, 2003, exclusive of interest, fees and penalties. The County Treasurer shall designate the
exact amount to be borrowed after the amount of the 2002 delinquent taxes
outstanding on March 1, 2003, or the portion of the 2002 delinquent taxes
against which the County shall borrow, has been determined. |
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Note
Details |
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2. Pursuant to provisions of applicable law and an order of the County Treasurer, which order is hereby authorized, the notes may be issued in one or more series; shall be known as “General Obligation Limited Tax Notes, Series 2003"; shall be in fully registered form in denominations not exceeding the aggregate principal amounts for each maturity of the notes; shall be sold for not less than 98% of the face amount of the notes; shall bear interest at fixed or variable rates not to exceed the maximum interest rate permitted by applicable law; shall be dated, payable as to interest and in principal amounts, be subject to redemption in whole or in part prior to maturity, including any redemption premiums, and be subject to renewal, at such times and in such amounts, as shall be designated in the order of the County Treasurer. Notes or portions of notes called for redemption shall not bear interest after the redemption date, provided funds are on hand with the note registrar and paying agent to redeem the same. Notice of redemption shall be given in the manner prescribed by the County Treasurer. If any notes of any series are to bear interest at a variable rate or rates, the County Treasurer is hereby further authorized to establish by order, and in accordance with law, a means by which interest on such notes may be set, reset or calculated prior to maturity, provided that such rate or rates shall at no time be in excess of the maximum interest rate permitted by applicable law. Such rates may be established by reference to the minimum rate that would be necessary to sell the notes at par; by a formula that is determined with respect to an index or indices of municipal obligations, reported prices or yields on obligations of the United States or the prime rate or rates of a bank or banks selected by the County Treasurer; or by any other method selected by the County Treasurer. |
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Payment of
Principal and Interest |
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3. The
principal of and interest on the notes shall be payable in lawful money of
the United States from such funds and accounts as provided herein. Principal shall be payable upon presentation
and surrender of the notes to the note registrar and paying agent when and as
the same shall become due, whether at maturity or earlier redemption. Interest shall be paid to the owner shown
as the registered owner on the registration books at the close of business on
such date prior to the date such interest payment is due, as is provided in
the order of the County Treasurer.
Interest on the notes shall be paid when due by check or draft drawn
upon and mailed by the note registrar and paying agent to the registered
owner at the registered address. |
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Note
Registrar and Paying Agent |
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4. The County
Treasurer shall designate, and may enter into an agreement with, a note
registrar and paying agent for each series of notes that shall be the County
Treasurer or a bank or trust company that is qualified to act in such
capacity under the laws of the United States of America or the State of
Michigan. The County Treasurer may
from time to time designate a similarly qualified successor note registrar
and paying agent. |
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Disposition
of Note Proceeds |
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5. The
proceeds of the sale of the notes shall be deposited into a separate account
in the Fund (the “2003 Account”) and shall be used to continue the Fund. The County Treasurer shall pay therefrom and from unpledged funds
in the Fund, uncommitted funds in the County General Fund and/or any other
legally available funds, if the notes are sold at a discount, the full amount
of the delinquent tax roll against which the County has borrowed, delivered
as uncollected by any tax collector in the County and that is outstanding and
unpaid on or after March 1, 2003, in accordance with the provisions of Act
206. |
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2003
Collection Account |
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6. There is
hereby established as part of the Fund an account (hereby designated the
“2003 Collection Account”) into which account the County Treasurer shall
place delinquent taxes against which the County has borrowed, and interest
thereon, collected on and after March 1, 2003, all County property tax
administration fees on such delinquent taxes, after expenses of issuance of
the notes have been paid, and any amounts received by the County Treasurer
from the County and any taxing unit within the County, because of the
uncollectibility of such delinquent taxes.
The foregoing are hereby established as funds
pledged to note repayment. |
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Note
Reserve Fund |
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7. There is hereby authorized to be established by the County Treasurer a note reserve fund for the notes (the “2003 Note Reserve Fund”), if the County Treasurer deems it to be reasonable required as a reserve and advisable in selling the notes at public or private sale. The County Treasurer is authorized to deposit in the 2003 Note Reserve Fund from proceeds of the sale of the notes, unpledged moneys in the Fund, uncommitted funds in the County General Fund and/or any other legally available funds, an amount not exceeding ten percent (10%) of the face amount of the notes. |
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Security
for Payment of Notes |
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8. All of the
moneys in the 2003 Collection Account and the 2003 Note Reserve Fund, if
established, and all interest earned thereon, are hereby pledged equally and
ratable as to each series to the payment of the principal of and interest on
the notes and shall be used solely for that purpose until such principal and
interest have been paid in full. When
moneys in the 2003 Note Reserve Fund, if established, are sufficient to pay
the outstanding principal of the notes and the interest accrued thereon, such
moneys may be used to retire the notes. |
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Additional
Security |
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9. Each
series of notes, in addition, shall be a general obligation of the County,
secured by its full faith and credit, which shall include the County’s
limited tax obligation, within applicable constitutional and statutory
limits, and its general funds. The
county budget shall provide that if the pledged delinquent taxes and any
other pledged amounts are not collected in sufficient amounts to meet the
payment of principal and interest due on each series of notes, the County,
before paying any other budgeted amounts, will promptly advance from its
general funds sufficient moneys to pay that principal and interest. The County shall not have the power to
impose taxes for payment of the notes in excess of constitutional or
statutory limitations. If |
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moneys in the 2003 Collection Account and the 2003 Note
Reserve Fund, if established, are not sufficient to pay the principal of and
interest on the notes, when due, the County shall pay the same in accordance
with this section, and may thereafter reimburse itself from the delinquent
taxes collected. |
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Release of Pledge of
2003 Collection Account |
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10. Upon the
investment of moneys in the 2003 Collection Account in direct noncallable obligations of the United States of America
in amounts and with maturities that are sufficient to pay in full the principal
of and interest on the notes when due, any moneys in the 2003 Collection
Account thereafter remaining may be released from such pledge created
pursuant to Section 8 hereof and may be used to pay any or all delinquent
real property taxes that are due the County and any school district,
intermediate school district, community college district, city, township,
special assessment district, the State of Michigan or any other political
unit to which delinquent tax payments are due for any other year or for any
other purpose permitted by law. |
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Sale
of Notes |
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11. The County Treasurer is hereby authorized to offer the notes at public or private sale as determined by order of the County Treasurer and to do all things necessary to effectuate the sale, delivery, transfer and exchange of the notes in accordance with the provisions of this resolution. Notes of one series may be offered for sale and sold separately from notes of another series. If the notes are to be sold publicly, sealed proposals for the purchase of the notes shall be received by the County Treasurer for such public sale to be held at such time as shall be determined by the County Treasurer and notice thereof shall be published in accordance with law, once in The Bond Buyer or the Detroit Legal News, both of which are hereby designated as being a publication printed in the English language and circulated in this State that carries as a part of its regular service, notices of sale of municipal bonds. Such notice shall be in the form prescribed by the County Treasurer. |
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The County Treasurer is hereby authorized to cause the
preparation of an official statement for the notes for the purpose of
enabling compliance with SEC Rule 15c2-12 (the “Rule”) and to do all other
things necessary to enable compliance with the Rule. After the award of the notes, the County
will provide copies of a final official statement (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable
quantity as requested by the successful bidder or bidders to enable such
successful bidder or bidders to comply with paragraph (b)(4) of the Rule and
the rules of the Municipal Securities Rulemaking Board. |
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Continuing
Disclosure |
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12. The County
Treasurer is hereby authorized to execute and deliver in the name and on
behalf of the County (I) a certificate of the County to comply with the
requirements for a continuing disclosure undertaking of the County pursuant
to subsection (b)(5) or (d)(2) of the Rule, as applicable, and (ii)
amendments to such certificate from time to time in accordance with the terms
of such certificate (the certificate and any amendments thereto are
collectively referred to herein as the “Continuing Disclosure
Certificate”). The County hereby
covenants and agrees that it will comply with and carry out all of the
provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County
to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein. |
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Execution
and Delivery of Notes |
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13. The County
Treasurer is hereby authorized and directed to execute the notes for the
County by manual or facsimile signature and the County Treasurer shall cause
the County seal or a facsimile thereof to be impressed or imprinted on the
notes. Unless the County Treasurer
shall specify otherwise in writing, fully registered notes shall be
authenticated by the manual signature of the note registrar and paying
agent. After the notes have been
executed and authenticated, if applicable, for delivery to the original
purchaser thereof, the County Treasurer shall deliver the notes to the
purchaser or purchasers thereof upon receipt of the purchase price. Additional notes bearing the manual or
facsimile signature of the County Treasurer and upon which the seal of the
County or a facsimile thereof is impressed or imprinted may be delivered to
the note registrar and paying agent for authentication, if applicable, and
delivery in connection with the exchange or transfer of fully registered
notes. The note registrar and paying
agent shall indicate on each note that it authenticates the date of its
authentication. The notes shall be
delivered with the approving legal opinion of Dickinson Wright PLLC,
attorneys of Detroit, Michigan. |
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Exchange
and Transfer of Fully Registered Notes |
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14.. Any fully
registered note, upon surrender thereof to the note registrar and paying
agent with a written instrument of transfer satisfactory to the note
registrar and paying agent duly executed by the registered owner or his or
her duly authorized attorney, at the option of the registered owner thereof,
may be exchanged for notes of any other authorized denominations of the same
aggregate principal amount and maturity date and bearing the same rate of
interest as the surrendered note. |
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Each note shall be transferable only upon the books of the County, which shall be kept for that purpose by the note registrar and paying agent, upon surrender of such note together with a written instrument of transfer satisfactory to the note registrar and paying agent duly executed by the registered owner or his or her duly authorized attorney. |
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Upon the exchange or transfer of any note, the note
registrar and paying agent on behalf of the County shall cancel the
surrendered note and shall authenticate, if applicable, and deliver to the
transferee a new note or notes of any authorized denomination of the same
aggregate principal amount and maturity date and bearing the same rate of
interest as the surrendered note. If,
at the time the note registrar and paying agent authenticates, if applicable,
and delivers a new note pursuant to this section, payment of interest on the
notes is in default, the note registrar and paying agent shall endorse upon
the new note the following: “Payment of interest on this note is in
default. The last date to which
interest has been paid is .” |
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The County and the note registrar and paying agent may
deem and treat the person in whose name any note shall be registered upon the
books of the County as the absolute owner of such note, whether such note
shall be overdue or not, for the purpose of receiving payment of the
principal of and interest on such note and for all other purposes, and all
payments made to any such registered owner, or upon his or her order, in
accordance with the provisions of Section 3 hereof shall be valid and
effectual to satisfy and discharge the liability upon such note to the extent
of the sum or sums so paid, and neither the County nor the note registrar and
paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the
note registrar and paying agent harmless from and against any and all loss,
cost, charge, expense, judgment or liability incurred by it, acting in good
faith and without negligence hereunder, in so treating such registered owner. |
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For every exchange or transfer of notes, the County or the
note registrar and paying agent may make a charge sufficient to reimburse it
for any tax, fee or other governmental charge required to be paid with
respect to such exchange or transfer, which sum or sums shall be paid by the
person requesting such exchange or transfer as a condition precedent to the
exercise of the privilege of making such exchange or transfer. |
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The note registrar and paying agent shall not be required
to transfer or exchange notes or portions of notes that have been selected
for redemption. |
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Book
Entry System |
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15. At the
option of the County Treasurer and notwithstanding any provisions of this
resolution to the contrary, the County Treasurer is hereby authorized to
enter into an agreement with a custodian or trustee for the purpose of
establishing a “book entry” system for registration |
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of notes to be fully
registered. Pursuant to provisions of
such agreement, the notes may be registered in the name of the custodian or
trustee for the benefit of other persons or entities. Such agreement shall provide for the
keeping of accurate records and prompt transfer of funds by the custodian or
trustee on behalf of such persons or entities. The agreement may provide for the issuance
by the custodian or trustee of certificates evidencing beneficial ownership
of the notes by such persons or entities.
For the purpose of payment of the principal of and interest on the
notes, the county may deem payment of such principal and interest, whether
overdue or not, to the custodian or trustee as payment to the absolute owner
of such note. Pursuant to provisions
of such agreement, the book entry system for the notes may be used for
registration of all or a portion of the notes and such system may be
discontinued at any time by the County.
The note registrar and paying agent for the notes may act as custodian
or trustee for such purposes. |
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Issuance
Expenses |
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16. Expenses
incurred in connection with the issuance of the notes, including without
limitation any premiums for any insurance obtained for the notes, note rating
agency fees, travel and printing expenses, fees for agreements for lines of
credit, letters of credit, commitments to purchase the notes, remarketing
agreements, reimbursement agreements, purchase or sales agreements or
commitments, or agreements to provide security to assure timely payment of
the notes, fees for the setting of interest rates on the notes and bond
counsel, financial advisor, paying agent and registrar fees, all of which are
hereby authorized, shall be paid by the County Treasurer from County property
tax administration fees on the delinquent taxes, from any other moneys in the
Fund not pledged to the repayment of notes and general funds of the County
that are hereby authorized to be expended for that purpose. |
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Replacement
of Notes |
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17. Upon
receipt by the County Treasurer of satisfactory evidence that any outstanding
note has been mutilated, destroyed, lost or stolen, and of security or
indemnity complying with applicable law and satisfactory to the County
Treasurer, the County Treasurer may execute or authorize the imprinting of
the County Treasurer’s facsimile signature thereon and thereupon, and if
applicable, a note registrar or paying agent shall authenticate and the
County shall deliver a new note of like tenor as the note mutilated,
destroyed, lost or stolen. Such new
note shall be issued and delivered in exchange and substitution for, and upon
surrender and cancellation of, the mutilated note or in lieu of and in
substitution for the note so destroyed, lost or stolen in compliance with
applicable law. For the replacement of
authenticated notes, the note registrar and paying agent shall, for each new
note authenticated and delivered as provided above, require the payment of
expenses, including counsel fees, which may be incurred by the note registrar
and paying agent and the County in the premises. Any note issued under the provisions of
this section in lieu of any note alleged to be destroyed, lost or stolen
shall be on an equal basis with the note in substitution for which such note
was issued. |
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Issuance
of Refunding Notes |
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18. The county shall refund all or part of the notes authorized hereunder and/or notes previously issued by the County to continue the fund for prior tax years if and as authorized by order of the County Treasurer through the issuance of refunding notes (the “Refunding Notes”) in an amount to be determined by order of the County Treasurer. Proceeds of the Refunding Notes may be used to redeem such notes and to pay issuance expenses of the Refunding Notes as authorized and described in Section 16 hereof. The County Treasurer shall have all the authority with respect to the Refunding Notes as is granted to the County Treasurer with respect to the notes by the other Sections hereof, including the authority to select a note registrar and paying agent to apply to the Michigan Department of Treasury for approval to issue the Refunding Notes, if necessary, to cause the preparation of an official statement and to do all other things necessary to sell, execute and deliver the Refunding Notes. The Refunding Notes shall contain the provisions, shall be payable as to principal and interest and shall be secured as set forth herein and as further ordered by the County Treasurer. The Refunding Notes may be sold as a separate issue or may be combined in a single issue with other obligations of the County issued pursuant to the provisions of Act 206 as shall be determined by the County Treasurer. The County Treasurer is authorized to prescribe the form of Refunding Note and the form of notice of sale, if any, for the sale of Refunding Notes. |
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Form
of Notes |
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19. The notes
shall be in the form approved by the County Treasurer, which approval shall
be evidenced by the County Treasurer’s execution thereof. |
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Yes - McLeod, Dawson, Bargy,
White, Howelman, Crawford, Stanek,
Blackmore, Allen. |
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No - None; |
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Absent - None. |
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RESOLUTION #08-02 DECLARED ADOPTED. |
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Laurie Stanek reported that
various training sessions for Board members would be offered throughout the
year: dates and times to be determined later. |
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The meeting adjourned at 10:30 a.m. to the Call of the Chair. |
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____________________________________ |
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Jack White, Chairman |
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Laura Sexton, County Clerk |