Board of Commissioners Rooms- Courthouse

Mason -7:30 p.m.

July 26, 2005

CALL TO ORDER:

The July 26, 2005 meeting of the Ingham County Board of Commissioners was called to order by Chairperson Grebner at 7:33 p.m. Roll was called and all Commissioners were present except Commissioner Thomas.

PLEDGE OF ALLEGIANCE:

Chairperson Grebner led the Board in the Pledge of Allegiance and a few moments of silence were observed for meditation.

APPROVAL OF THE MINUTES:

Moved by Commissioner Celentino, supported by Commissioner Dedden to approve the Minutes of the June 28, 2005 meeting, as submitted. Motion carried unanimously. Absent: Commissioner Thomas.

ADDITIONS TO THE AGENDA:

Commissioner Celentino indicated there would be a substitute for Agenda Item No. 17 – Resolution Authorizing an Amendment to the Contract with HTC Global Services for Indexing Services for Register of Deeds Records. This was accepted by the Chair without objection by the body.

Commissioner Celentino indicated there would be a substitute for Agenda Item No. 21 – Resolution to exempt County property tax revenues from capture in the Expanded East Lansing Downtown Development Authority District. This was accepted by the Chair without objection by the body.

Commissioner Holman requested the addition of a late resolution honoring George Haley. This was accepted by the Chair and added as Agenda Item No. 40.

Jean McDonald, member of the Road Commission spoke on the report submitted to the Board of Commissioners.

PETITIONS AND COMMUNICATIONS;

Resolution from Lake County regarding Protecting Children’s Services in the community. Received and placed on file.

Resolution from Lake County opposing budget cuts to MI Choice Program. Received and placed on file.

Resolution from Lake County opposing any partial PILT payments by the State of Michigan. Received and placed on file.

Resolution from Washtenaw County urging the 109^th Congress of the United States to reject House Resolution 2726 as introduced by Congressman Pete Sessions on May 26, 2005. Referred to the County Services Committee.

Michigan Department of Environmental Quality, Air Quality Division’s pending new source review application report. Received and placed on file.

Letter from United States Senator Debbie Stabenow regarding the Violence Against Women Act 2005. Received and placed on file.

Resolution from Clare County to reduce State spending on corrections and shift the money saved to other State budgets by increasing the use of parole to the extent consistent with public safety. Referred to the Law Enforcement Committee.

Ingham County Road Commission 2004 Annual Report. Received and placed on file.

Controller’s 2004 Annual Report. Received and placed on file.

LIMITED PUBLIC COMMENT:

Dallas Henney from the Agricultural Preservation Board talked on the Resolution before the Board tonight for approval.

Cheryl Fritze, Okemos resident, addressed the Board regarding the Road Commission board members.

Leonard Provencha, Haslett resident, addressed the Board regarding the Road Commission board members.

CONSIDERATION OF CONSENT AGENDA:

Moved by Commissioner Schafer, supported by Commissioner Nolan to adopt a consent agenda consisting of all items except 14, 15, 16, 19, 21, 38. Commissioner Holman also requested that item 40 be pulled from the consent agenda. Motion carried unanimously. Absent Commissioner Thomas. Items on the consent agenda were adopted by a unanimous roll call vote. Items voted on separately are so noted in the minutes. Absent: Commissioner Thomas.

COMMITTEE REPORTS AND RESOLUTIONS:

The following resolution was introduced by the County Services Committee:

RESOLUTION SUPPORTING WIRELESS INTERNET THROUGH COUNTIES

RESOLUTION #05-173

WHEREAS, several counties are developing programs and initiatives to offer wireless internet to their citizens free of charge through bidding processes with internet providers; and

WHEREAS, the goal of these initiatives is to prepare counties and their workforce for the jobs and technology of tomorrow and enhance the ability to attract and retain high-tech jobs; and

WHEREAS, these initiatives will blanket the counties with wireless internet service and provide free high speed internet access to every resident business and visitor in the County; and

WHEREAS, these initiatives will attempt to address the "digital divide" and provide low-cost or no-cost personal computers and technology training to underserved population groups; and

WHEREAS, this will support a growing mobile workforce and elevate the technical knowledge of the current and future workforces; and

WHEREAS, this initiative will play a key role in the transformation of government services throughout Michigan and support the continued provision of Ingham County's Government services well into the future; and

WHEREAS, these county wireless programs do not use public tax dollars and grant monies to subsidize the creation of the network and do not in any way create government control over private business; and

WHEREAS, current programs have private partners that will be selected in a competitive bid process and shall not have any permanent or exclusive rights, and wireless network will be installed, owned and operated by private partners; and

WHEREAS, this system facilitates a competitive public-private partnership that encourages the development of new businesses, as well as creative new opportunities for information service delivery; and

WHEREAS, these initiatives will be a tremendous asset for attracting and retaining businesses and for fostering job creation in local communities throughout Michigan; and

WHEREAS, members of the State House Energy and Technology Committee have made inaccurate claims that the Wireless Oakland initiative, which is the first developed initiative in Michigan, is anti-competitive and gets local government too deeply into the private sector and has proposed a moratorium on wireless expansion in the State of Michigan in order to stall or derail this project.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby affirms its support for the local county programs creating wireless service.

BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners is opposed to any effort by the State Legislature to place a moratorium on the expansion of all wireless technology in the State of Michigan.

BE IT FURTHER RESOLVED, that the Ingham County Clerk is to forward a copy of this adopted resolution to the members of the House Energy and Technology Committee, the Ingham County delegation to the State Legislature, and the Michigan Association of Counties.

COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Vickers

Nays: None Absent: Severino Approved 7/19/05

Adopted as part of the consent agenda.

The following resolution was introduced by the County Services Committee:

RESOLUTION HONORING REVEREND WALTER REID ON THE EVENT OF HIS 50TH ANNIVERSARY WITH THE AFRICAN METHODIST EPISCOPAL CHURCH

RESOLUTION #05-174

WHEREAS, Reverend Walter Winstead Reid, Sr. is the Pastor of Trinity African Methodist Episcopal Church who has given more than 50 years of life service to the African Methodist Episcopal Church as the Pastorate for thirteen churches located in the States of Kentucky, Tennessee, Indiana, and Michigan; and

WHEREAS, Reverend Reid, Sr. completed his undergraduate studies at Wilberforce University, and his graduate studies at Payne Theological Seminary, at Wilberforce University, and later was ordained in 1957 by Bishop Ernest Lawrence Hickman; and

WHEREAS, Reverend Reid, Sr. was actively involved with General Conference Delegate – Quadrenniums since 1964, has been elected to the National General Board for the African Methodist Episcopal Church since 1972, has chaired the Board of Examiners in the Tennessee Annual Conference, served as a member of the Board of Examiners in the Michigan and Indiana Annual Conferences; serves as the Secretary of the Michigan Annual Conference Board of Trustees, and has earned many other great distinctions in the African Methodist Episcopal Church Family; and

WHEREAS, Reverend Reid, Sr. was actively involved in the community; improving the lives of his congregation and others both spiritually, and socially, impeding upon many minds the importance of voting; an understanding of the social issues of the day; the need of maintaining personal health; and simply empowering man and women to improve their lives, as well as others; and

WHEREAS, Reverend Reid is celebrating his 50^th Anniversary with the African Methodist Episcopal Church, the last 13 years at Trinity A.M.E Church in Lansing, Michigan.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby congratulates Reverend Walter Winstead Reid, Sr. on the event of his 50^th anniversary and expresses it sincere appreciation to Reverend Reid for steadfast service to society, and his many contributions to promote the African Methodist Episcopal Church.

BE IT FURTHER RESOLVED, that the Board wishes him continued success in the years to come.

COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Vickers

Nays: None Absent: Severino Approved 7/19/05

Adopted as part of the consent agenda.

The following resolution was introduced by the County Services and Finance Committees:

RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN ICEA PARK’S UNIT AND COUNTY BOARD OF COMMISSIONERS

RESOLUTION #05-175

WHEREAS, an agreement has been reached between the ICEA Parks bargaining unit and County Board of Commissioners; and

WHEREAS, the terms of this agreement are from January 1, 2004 through December 31, 2007; and

WHEREAS, the provisions of this agreement are consistent with Board guidelines.

THEREFORE BE IT RESOLVED, that the Board of Commissioners approves the collective bargaining agreement with the ICEA Parks unit.

BE IT FURTHER RESOLVED, that no retro-pay shall be paid until the contract has been signed by both parties.

COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers

Nays: None Absent: None Approved 7/19/05

FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Dougan

Nays: None Absent: Thomas Approved 7/20/05

Adopted as part of the consent agenda.

The following resolution was introduced by the County Services and Finance Committees:

RESOLUTION CERTIFYING REPRESENTATIVES FOR THE MERS ANNUAL MEETING

RESOLUTION #05-176

WHEREAS, the Municipal Employees’ Retirement System will hold its 59^th Annual Meeting at the Hyatt Regency, Dearborn Michigan, September 20 - 22, 2005; and

WHEREAS, the governing body of each member municipality must certify an employee delegate who has been elected by the other employee members, and appoint an officer delegate of the governing body; and

WHEREAS, Ingham County will pay the expenses of the Officer Delegate and Employee Delegate pursuant to the County’s mileage policy to a maximum of $900.

THEREFORE BE IT RESOLVED, that the following persons are hereby certified as Ingham County’s representatives for the MERS annual meeting:

Officer Delegate: Harold Hailey

Employee Delegate: Christine Chingman

COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers

Nays: None Absent: None Approved 7/19/05

FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Dougan

Nays: None Absent: Thomas Approved 7/20/05

Adopted as part of the consent agenda.

The following resolution was introduced by the County Services and Finance Committees:

RESOLUTION PLEDGING FULL FAITH AND CREDIT FOR THE TOWAR GARDENS & BRANCHES DRAIN DRAINAGE DISTRICT 2005 DRAINAGE DISTRICT BONDS

RESOLUTION #05-177

WHEREAS, Act 40, Public Acts of Michigan, 1956, as amended (the “Drain Code”), authorizes any county to pledge its full faith and credit for the payment of obligations issued there under, if the Board of Commissioners of the county has adopted a resolution by a majority vote of its members-elect to that effect; and

WHEREAS, pursuant to the Drain Code proceedings that are being undertaken by the Ingham County Drain Commissioner for the construction and financing of an intracounty drainage project designated as TOWAR GARDENS & BRANCHES DRAIN, said project having been determined to be necessary for the public health; and

WHEREAS, pursuant to said proceedings, a special assessment roll has been or will be prepared and duly confirmed by the Drain Commissioner in the aggregate principal amount of not to exceed $5,000,000, being the amount of total estimated financed share cost of the project, which assessments are payable in annual installments over a period of twenty (20) years, commencing 2005, by the Charter Township of Meridian, the Board of County Road Commissioners of the County of Ingham, and benefited lands, according to apportionments to be duly determined by the Drain Commissioner acting pursuant to Section 262 of the Drain Code, said installments bearing interest at such rate of interest as may be necessary to pay interest on obligations payable there from; and

WHEREAS, pursuant to the authorization provided in the Drain Code, the Drain Commissioner, by order, will authorize and provide for the issuance of bonds by the Towar Gardens & Branches Drain Drainage District payable from the collection of said special assessments against the Charter Township of Meridian, the Board of County Road Commissioners of the County of Ingham, and the benefited lands on said Roll, said bonds being designated 2005 DRAINAGE DISTRICT BONDS (GENERAL OBLIGATION LIMITED TAX) (the “Bonds”), in the aggregate principal amount of not to exceed $5,000,000, to provide funds to pay part of the costs of the project; and

WHEREAS, the said drainage project is immediately necessary to protect and preserve the public health, and it is to the best interest of the County of Ingham (the “County”) that the Bonds, in order to be sold at the lowest and most favorable interest cost possible to obtain, be secured by a pledge of the full faith and credit of the County as authorized by the Section 276 of the Drain Code.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners:

1. That pursuant to the authorization provided in the Drain Code the Board of Commissioners of the County does hereby irrevocably pledge the full faith and credit of the County for the prompt payment of the principal of and interest on the Bonds when due, and pursuant to said pledge, in the event that the collection of special assessments on said roll is insufficient to pay the Bonds or interest thereon when due, the amount unpaid shall be promptly advanced from County funds as a first budget obligation, and the County Treasurer is directed to immediately make such advancement to the extent necessary.

2. That in the event that pursuant to said pledge of its full faith and credit the County advances out of County funds all or any part of said installments and interest, it shall be the duty of the County Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid, including without limitation the reassessment by the Drain Commissioner of the special assessment roll as provided in Section 276 of the Drain Code.

3. That all resolutions and parts of resolution insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board of Commissioners of the County of Ingham, Michigan, at its regular meeting held on July 26, 2005, at 7:30 p.m., Eastern Daylight Time, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meeting Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act.

I further certify that the following Commissioners were present at said meeting Celentino, Copedge, Dedden, De Leon, Dougan, Grebner, Hertel, Holman, Nolan, Schafer, Schor, Severino, Swope, Vickers, Weatherwax-Grant and that the following Commissioner was absent Thomas.

I further certify that Commissioner Celentino moved adoption of said resolution and that Commissioner De Leon supported said motion.

I further certify that the following Commissioners voted for adoption of said resolution: Celentino, Copedge, Dedden, De Leon, Dougan, Grebner, Hertel, Holman, Nolan, Schafer, Schor, Severino, Swope, Vickers, Weatherwax-Grant and that the following Commissioner voted against adoption of said resolution: None.

________________________________

County Clerk

COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers

Nays: None Absent: None Approved 7/19/05

FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Dougan

Nays: None Absent: Thomas Approved 7/20/05

Moved by Commissioner Celentino, supported by Commissioner De Leon to adopt the resolution. Motion carried by unanimous roll call vote. Absent: Commissioner Thomas.

The following resolution was introduced by the County Services and Finance Committees:

RESOLUTION PLEDGING FULL FAITH AND CREDIT FOR THE TOWAR SNELL DRAIN DRAINAGE DISTRICT 2005 DRAINAGE DISTRICT BONDS

RESOLUTION #05-178

WHEREAS, Act 40, Public Acts of Michigan, 1956, as amended (the “Drain Code”), authorizes any county to

pledge its full faith and credit for the payment of obligations issued there under, if the Board of Commissioners

of the county has adopted a resolution by a majority vote of its members-elect to that effect; and

WHEREAS, pursuant to the Drain Code proceedings that are being undertaken by the Ingham County Drain Commissioner for the construction and financing of an intracounty drainage project designated as TOWAR SNELL DRAIN, said project having been determined to be necessary for the public health; and

WHEREAS, pursuant to said proceedings, a special assessment roll has been or will be prepared and duly confirmed by the Drain Commissioner in the aggregate principal amount of not to exceed $1,550,000, being the amount of total estimated financed share cost of the project, which assessments are payable in annual installments over a period of twenty (20) years, commencing 2005, by the City of East Lansing, the Charter Township of Meridian, the Board of County Road Commissioners of the County of Ingham, and benefited lands, according to apportionments to be duly determined by the Drain Commissioner acting pursuant to Section 262 of the Drain Code, said installments bearing interest at such rate of interest as may be necessary to pay interest on obligations payable there from; and

WHEREAS, pursuant to the authorization provided in the Drain Code, the Drain Commissioner, by order, will authorize and provide for the issuance of bonds by the Towar Snell Drain Drainage District payable from the collection of said special assessments against the City of East Lansing, the Charter Township Meridian, the Board of County Road Commissioners of the County of Ingham and the benefited lands on said Roll, said bonds being designated 2005 DRAINAGE DISTRICT BONDS (GENERAL OBLIGATION LIMITED TAX) (the “Bonds”), in the aggregate principal amount of not to exceed $1,550,000, to provide funds to pay part of the costs of the project; and

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners:

3. That all resolutions and parts of resolution insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

I further certify that Commissioner Celentino moved adoption of said resolution and that Commissioner Schafer supported said motion.

________________________________

County Clerk

COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers

Nays: None Absent: None Approved 7/19/05

FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Dougan

Nays: None Absent: Thomas Approved 7/20/05

Moved by Commissioner Celentino, supported by Commissioner Schafer to adopt the resolution. Motion carried on a unanimous roll call vote. Absent: Commissioner Thomas.

The following resolution was introduced by the County Services and Finance Committees:

RESOLUTION APPROVING DRAIN COMMISSIONER’S SPECIAL ASSESSMENT ROLL FOR LAKE LANSING LAKE LEVEL SPECIAL ASSESSMENT DISTRICT

RESOLUTION #05-179

WHEREAS, the normal seasonal lake levels for Lake Lansing, and the Lake Lansing Lake Level Special Assessment District, were established by Order of the Ingham County Circuit Court of July 24, 1975; and

WHEREAS, the Board of Commissioners requested the Drain Commissioner to seek modifications of the seasonal lake levels from the Circuit Court; and

WHEREAS, the Circuit Court granted the requested modifications in an Order dated February 26, 2003; and

WHEREAS, the Ingham County Drain Commissioner, as the County’s delegated authority, has incurred costs for establishing and maintaining the normal lake levels of Lake Lansing, including the costs for the court action requested by the Board of Commissioners, for weekly monitoring of the dam structure, and for legally required triennial inspections by a professional engineer; and

WHEREAS, pursuant to part 307 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, the Ingham County Drain Commissioner has prepared a special assessment roll in order to spread the costs incurred among the benefited properties within the Lake Lansing Lake Level Special Assessment District; and

WHEREAS, on June 30, 2005, the Ingham County Drain Commissioner held a hearing, with proper notice, for the review of the proposed apportionment of benefits on the lands within the Lake Lansing Lake Level Special Assessment District; and

WHEREAS, the Ingham County Drain Commissioner has, based on the hearing, modified the proposed roll, has now presented the special assessment roll for approval by the Board of Commissioners, and has attached the roll to this Resolution and incorporated it by reference as Exhibit 1, all as required by Part 307.

THEREFORE BE IT RESOLVED, that the Board of Commissioners hereby approves the special assessment roll prepared by the Drain Commissioner for the apportionment for benefits on the lands within the Lake Lansing Lake Level Special Assessment District, as set forth in Exhibit 1.

BE IT FURTHER RESOLVED, that this special assessment roll with the assessments listed shall be final and conclusive unless appealed in the Ingham County Circuit Court within 15 days after County Board approval.

COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers

Nays: None Absent: None Approved 7/19/05

FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Dougan

Nays: None Absent: Thomas Approved 7/20/05

Moved by Commissioner Celentino, supported by Commissioner Schafer to adopt the resolution. Motion carried on a unanimous roll call vote. Absent: Commissioner Thomas.

The following resolution was introduced by the County Services and Finance Committees:

RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH HTC GLOBAL SERVICES FOR INDEXING SERVICES FOR REGISTER OF DEEDS RECORDS

RESOLUTION #05-180

WHEREAS, through Resolution #03-312 the Board of Commissioners authorized a contract with HTC Global Services for indexing certain records in the Register of Deeds Office in the amount of $57,195.94; and

WHEREAS, unexpected work was required to be performed as a result of the existence of two additional indexing systems within the known indexing system; and

WHEREAS, HTC has invoiced the Register of Deeds for an additional $89,493 as a result of performing the additional work, which was performed with the knowledge of the Register of Deeds; and

WHEREAS, the Register of Deeds has reviewed the invoice and is recommending that it be paid; and

WHEREAS, there are sufficient funds in the Register of Deeds Automation Fund to pay for the additional work.

THEREFORE BE IT RESOLVED, that the Board of Commissioners authorizes a contract amendment for the additional work in the amount of $89,493.

BE IT FURTHER RESOLVED, that the invoice in the total amount of $146,688.94 is approved for payment, to be paid from the Register of Deeds Automation Fund.

BE IT FURTHER RESOLVED, that the Controller is authorized to make the necessary budget adjustments to the Register of Deeds Automation Fund.

BE IT FURTHER RESOLVED, that the Board Chairperson and County Clerk are authorized to sign any necessary documents after approval as to form by the County Attorney.

COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers

Nays: None Absent: None Approved 7/19/05

FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Dougan

Nays: None Absent: Thomas Approved 7/20/05

Adopted as part of the consent agenda.

The following resolution was introduced by the County Services and Finance Committees:

RESOLUTION AUTHORIZING THE COUNTY TREASURER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE LAND BANK FAST TRACK AUTHORITY TO CREATE THE INGHAM COUNTY LAND BANK FAST TRACK AUTHORITY, AND TO PROVIDE FOR THE EXERCISE OF THE POWERS, DUTIES, FUNCTIONS AND RESPONSIBILITIES OF A LAND BANK FAST TRACK AUTHORITY

RESOLUTION #05-181

WHEREAS, the Land Bank Fast Track Act, 2003 PA 258, being MCL 124.751 et seq., establishes the State Land Bank Fast Track Authority which, among other things, has for its purpose the assembly and clearance of title to tax reverted property in a coordinated manner; and

WHEREAS, the Act allows a foreclosing governmental unit, such as the Ingham County Treasurer, to enter into an intergovernmental agreement with the State Land Bank Fast Track Authority providing for the exercise of the powers, duties, functions, and responsibilities of an authority under the Act, and for the creation of a County Land Bank Fast Track Authority to exercise those functions, subject to the approval of the County Board of Commissioners; and

WHEREAS, there exist in Michigan and Ingham County a continuing need to strengthen and revitalize the economy and it is in the best interest of the State of Michigan, Ingham County, and local units of government to strategically manage tax reverted and other property to foster the development of that property and to promote economic growth in the State of Michigan, Ingham County, and local units of government; and

WHEREAS, the Ingham County Treasurer has requested approval to enter into such an intergovernmental agreement under the Act, a copy of which is attached and incorporated by reference as Exhibit 1; and

WHEREAS, the County Board of Commissioners deems it expedient to approve the creation of the Ingham County Land Bank Fast Track Authority, under the control of a Board of Directors consisting of five members appointed by the Board of Commissioners, including the Ingham County Treasurer as Chair of the Board of Directors.

THEREFORE BE IT RESOLVED, that the Board of Commissioners authorizes the County Treasurer to enter into an intergovernmental agreement with the State Land Bank Fast Track Authority, provided that the agreement is in final form substantially as provided in Exhibit 1.

BE IT FURTHER RESOLVED, that the County Treasurer is authorized to sign the final intergovernmental agreement as approved by the County Attorney for conformance to this resolution.

COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Vickers

Nays: None Absent: Severino Approved 7/19/05

FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Dougan

Nays: None Absent: Thomas Approved 7/20/05

Adopted as part of the consent agenda.

INTERGOVERNMENTAL AGREEMENT

BETWEEN THE

Michigan Land Bank Fast Track Authority

(a Michigan public body corporate and politic)

AND THE

Treasurer of the County of Ingham, Michigan

CREATING THE

Ingham County Land Bank Fast Track Authority

(a Michigan public body corporate)

This Agreement is entered into under Section 5 of Article 3 and Section 28 of Article 7 of the Michigan Constitution of 1963 and the Land Bank Fast Track Act, 2003 PA 258, MCL 124.751 to 124.774, between the Michigan Land Bank Fast Track authority, a Michigan public body corporate and politic, and the Treasurer of the County of Ingham, Michigan, for the purpose of establishing and creating the Ingham county Land Bank Fast Track Authority, a separate legal entity and public body corporate to administer and execute the purposes and objectives of this Agreement.

RECITALS

A. In enacting the Land Bank Fast Track Act, 2003 PA 258, MCL 124.751 to 124.774, the 92nd Michigan Legislature found that there exists in the State of Michigan a continuing need to strengthen and revitalize the economy of the State of Michigan and local units of government in this state and that it is in the best interests of the State of Michigan and local units of government in this state to assemble or dispose of public property, including tax reverted property, in a coordinated manner to foster the development of that property and to promote economic growth in the State of Michigan and local units of government in this state.

B. The Michigan Land Bank Fast Track Authority is created as a public body corporate and politic within the Michigan Department of Labor and Economic Growth, a principal department of the executive branch of state government, under the Land Bank Fast Track Act, 2003 PA 258, MCL 124.751 to 124.774, and is authorized to enter into an intergovernmental agreement with a county foreclosing governmental unit providing for the creation of a county authority to exercise the powers, duties, functions, and responsibilities of an authority under that act.

C. The Treasurer of the County of Ingham, Michigan is a foreclosing governmental unit under the Land Bank Fast Tract Act, 2003 PA 258, MCL 124.751 to 124.774, and Section 78 of The General Property Tax Act, 1893 PA 206, MCL 211.78.

D. It is the intent of the Michigan Land Bank Fast Track Authority and the Treasurer of the County of Ingham, Michigan to establish a county authority as a separate legal entity and as a public body corporate under the Land Bank Fast Track Act, 2003 PA 258, MCL 124.751 to 124.774, to exercise within Ingham County, Michigan the powers, duties, functions, and responsibilities of an authority under the Land Bank Fast Track Act, consistent with this agreement.

Accordingly, the Michigan Land Bank Fast Track Authority and the Treasurer of the County of Ingham, Michigan agree to the following:

ARTICLE I

DEFINITIONS

As used in this Agreement:

Section 1.01. "Act 7" means the Urban Cooperation Act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.

Section 1.02. "Agreement" means this intergovernmental agreement between the Michigan Land Bank Fast Track Authority, a Michigan public body corporate and politic, and the Treasurer of the County of Ingham, Michigan.

Section 1.03. "Budget Act" means the Uniform Budgeting and Accounting Act, 1968 PA 2, MCL 141.421 to 141.440a.

Section 1.04. "City of Lansing" means the City of Lansing, County of Ingham, Michigan, a Michigan municipal corporation.

Section 1.05. "County Authority" means the Ingham County Land Bank Fast Track Authority, the public body corporate created under this Agreement pursuant to the Land Bank Act.

Section 1.06. "County Authority Board" means the board of directors of the county authority created under Article IV.

Section 1.07. "County Board" means the Board of Commissioners for the County of Ingham, Michigan.

Section 1.08. "Executive Director" means an executive director of the County Authority selected under Section 4.12.

Section 1.09. "Effective Date" means the date upon which all of the following are satisfied, as provided under Section 23 of the Land Bank Act:

(a) The Agreement is entered into by the Treasurer.

(b) The Agreement is approved by the County Board.

(d) The Agreement is filed with the County Clerk for the County of Ingham, Michigan.

Section 1.10. "Fiscal Year" means the fiscal year of the County Authority, which shall begin on January 1 of each year and end on the following December 31.

Section 1.11. "FOIA" means the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246.

Section 1.12. "Foreclosing Governmental Unit" means that term as defined under Section 3(f) of the Land Bank Act, and Section 78 of The General Property Tax Act, 1893 PA 206, MCL 211.78.

Section 1.13. "Ingham County" means the County of Ingham, Michigan.

Section 1.14. "Land Bank Act" means the Land Bank Fast Track Act, 2003 PA 258, MCL 124.751 to 124.774.

Section 1.15. "OMA" means the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275.

Section 1.16. "Party" or "Parties " means either individually or collectively as applicable, the State Authority or the Treasurer as each is a signatory to this Agreement.

Section 1.17. "Person" means an individual, authority, limited liability company, partnership, firm, corporation, organization, association, joint venture, trust, governmental entity, or other legal entity.

Section 1.18. "State" means the State of Michigan.

Section 1.19. "State Authority" means the Michigan Land Bank Fast Track Authority, a Michigan public body corporate and politic created under the Land Bank Act.

Section 1.20. "Tax Reverted Property" means that term as defined under Section 3(q) of the Land Bank Fast Track Act, 2003 PA 258, MCL 124.753(3)(q).

Section 1.21. "Treasurer" means the Ingham County Treasurer.

ARTICLE II

PURPOSE

Section 2.01. Purpose. The purpose of this Agreement is to create and empower the County Authority to exercise the powers, duties, functions and responsibilities of an authority under the Land Bank Act.

Section 2.02. Programs and Functions. The County Authority shall endeavor to carry out the powers, duties, functions, and responsibilities of an authority under the Land Bank Act consistent with this Agreement, including, but not limited to, the power, privilege, and authority to acquire, manage, and dispose of interests in property, and doing all other things necessary or convenient to implement the purposes, objectives, and provisions of the Land Bank Act and the purposes, objectives, and powers delegated to a County Authority under other laws or executive orders.

ARTICLE III

CREATION OF COUNTY AUTHORITY

Section 3.01. Creation and Legal Status of County Authority. The County Authority is established as a separate legal entity and public body corporate to be known as the "Ingham County Land Bank Fast Track Authority" for the purposes of acting as an authority under the Land Bank Act and administering and executing this Agreement.

Section 3.02. Articles of Incorporation. At its initial meeting, the County Authority Board shall adopt articles of incorporation consistent with the provisions of this Agreement and the Land Bank Act at its initial meeting.

Section 3.03. Principal Office. The principal office of the County Authority is at the location or locations within the City of Mason, as determined by the County Authority Board.

Section 3.04. Title to County Authority Assets. Except as otherwise provided in this Agreement, the County Authority shall have exclusive title to all of its property and no Party shall have an ownership interest in County Authority property.

Section 3.05. Tax‑exempt Status. The County Authority shall not be operated for profit. No earnings of the County Authority shall inure to the benefit of a Person other than the County Authority or the Parties. The Parties intend the activities of the County Authority to be governmental functions carried out by an instrumentality or political subdivision of government as described in Section 115 of Internal Revenue Code of 1986, 26 USC §115, or any corresponding provisions of any future tax code. The Parties also intend the activities of the County Authority to be governmental functions carried out by a political subdivision of this State, exempt to the extent provided under Michigan law from taxation by this State, including, but not limited to, the single business tax under the Single Business Tax Act, 1975 PA 228, MCL 208.1 to 208.145, and property taxes under the General Property Tax Act, 1893 PA 206, MCL 211.1 to 211.157 or corresponding provisions of future State tax laws. The property of the County Authority and its income and operations are exempt from all taxation by the State or its political subdivisions under Section 4(5) of the Land Bank Act.

Section 3.06. Compliance with Law. The County Authority shall comply with all federal and State laws, rules, regulations, and orders applicable to this Agreement.

Section 3.07. Relationship of Parties. The Parties agree that no Party shall be responsible, in whole or in part, for the acts of the employees, agents, and servants of any other Party or the County Authority, whether acting separately or in conjunction with the implementation of this Agreement. The Parties shall only be bound and obligated under this Agreement as expressly agreed to by each Party. No Party may obligate any other Party. No employee, agent, or servant of the County Authority shall be or shall be deemed to be an employee, agent, or servant of the State for any reason.

Section 3.08. No Third‑Party Beneficiaries. Except as otherwise specifically provided, this Agreement does not create in any Person, other than a Party, and is not intended to create by implication or otherwise, any direct or indirect benefit, obligation, duty, promise, right to be indemnified (such as contractually, legally, equitably, or by implication), right to be subrogated to any Party’s rights under this Agreement, and/or any other right or benefit.

ARTICLE IV

COUNTY AUTHORITY BOARD AND EXECUTIVE DIRECTOR

Section 4.01. County Authority Board Composition. The County Authority shall be governed by the County Authority Board, a board of directors that shall be appointed within thirty (30) calendar days of the Effective Date. Elected officials and other public officers are eligible to serve as members of the County Authority Board to the extent permitted under Michigan law. The County Authority Board shall consist of the following members, except as provided in Section 4.02:

(a) The County Treasurer.

(b) Four (4) residents of Ingham County, appointed by the County Board at large, one of whom shall be appointed to represent the interest of the City of Lansing, and one to represent the interest of the other units of local government in Ingham County.

Section 4.02. Appointments by Elected County Executive. If Ingham County adopts a unified form of county government providing for an elected county executive under 1973 PA 139, MCL 45.551 to 45.573, or if Ingham County adopts a county charter providing for an elected county executive under 1966 PA 293, MCL 45.501 to 45.521, the appointments under Sections 4.01(b) shall be made by the elected county executive.

Section 4.03. Term of Office. Except as otherwise provided under this section, the members of the County Authority Board appointed under Sections 4.01(b) shall be appointed for a term of four (4) years. To provide for staggered terms, of the members initially appointed under Sections 4.01(b) one (1) member shall be appointed for a term of four (4) years, one (1) member shall be appointed for a term of three (3) years, one (1) member shall be appointed for a term of two (2) years, one (1) member shall be appointed for a term of one (1) year, as determined by the County Board. After the expiration of the initial terms, members appointed under Sections 4.01(b) shall be appointed for terms of four (4) years.

Section 4.04. Removal. A member of the County Authority Board appointed under Sections 4.01(b) may be removed for cause by the County Board.

Section 4.05. Vacancies. A vacancy among the appointed members of the County Authority Board appointed under Sections 4.01(b), caused by the death, resignation, or removal of a County Authority Board member, shall be filled in the same manner as the original appointment for the balance of the unexpired term.

Section 4.06. Meetings. The County Authority Board shall conduct its first meeting no later than forty‑five (45) calendar days after the Effective Date, provided that a quorum of the County Authority Board has been appointed. The County Authority Board shall meet at least annually and hold such other meetings at the place, date, and time as the County Authority Board shall determine. All meetings of the County Authority Board shall comply with the OMA. Public notice of the time, date, and place of the meetings shall be given in the manner required by the OMA.

Section 4.07. Quorum and Voting. A majority of the County Authority Board shall be required to constitute a quorum for the transaction of business. The County Authority Board shall act by a majority vote at a meeting at which a quorum is present. A quorum shall be necessary for the transaction of business by the County Authority Board. Presence in person for both quorum and voting at a meeting may include electronic communication by which such member of the County Authority Board is both seen and heard by the members of the County Authority Board and any members of the public at the meeting.

Section 4.08. County Authority Board Responsibilities. The County Authority Board shall do all of the following by a majority vote of its members appointed and serving:

(a) Consistent with this Agreement and the Land Bank Act, adopt amendments to the initial articles of incorporation adopted under Section 3.02 and adopt subsequent amendments to the articles of incorporation as deemed necessary by the County Authority Board.

(b) Adopt bylaws, rules, and procedures governing the County Authority Board and its actions and meetings. Initial bylaws shall be adopted within six (6) months of the first meeting of the County Authority Board.

(e) Elect officers. Initial officers shall be elected within thirty (30) days of the first meeting of the County Authority Board.

(f) Approve policies to implement day‑to‑day operation of the County Authority, including policies governing any staff of the County Authority.

(g) Provide for a system of accounts to conform to a uniform system required by law, and review and approve the County Authority’s budget to assure that the budgets are approved and administered in accordance with the Budget Act.

(h) Provide for an annual audit in accordance with the Budget Act.

(i) Adopt personnel policies and procedures.

(j) Adopt policies and procedures for contracting and procurement.

(k) Adopt an investment policy in accordance with 1943 PA 20, MCL 129.91 to 129.96, and establish banking arrangements for the County Authority.

(l) Take such other actions and steps as shall be necessary or advisable to accomplish the purposes of this Agreement.

Section 4.09. Fiduciary Duty. Subject to any paramount duties owed to a party by a public servant of that Party, as defined in 1968 PA 317, MCL 15.321 to 15.330, the members of the County Authority Board are under a fiduciary duty to conduct the activities and affairs of the County Authority in the best interests of the County Authority, including the safekeeping and use of all County Authority monies and assets. The members of the County Authority Board shall discharge their duties in good faith, with the care an ordinarily prudent individual in a like position would exercise under similar circumstances.

Section 4.10. Chairman. The County Treasurer shall be the Chairman of the County Authority Board.

Section 4.11. Compensation. Pursuant to Section 4(1)(h) of the Land Bank Act, the members of the County Authority Board shall receive no compensation for the performance of their duties, but shall be reimbursed for actual and necessary expenses incurred in the discharge of their official duties subject to available appropriations. A County Authority Board member may engage in private or public employment, or in a profession or business, except to the extent prohibited by law.

Section 4.12. Executive Director. The County Authority Board may select and retain an Executive Director. An Executive Director selected and retained by the County Authority Board shall administer the County Authority in accordance with the operating budget adopted by the County Authority Board, general policy guidelines established by the County Authority Board, other applicable governmental procedures and policies, and this Agreement. The Executive Director shall be responsible for the day‑to‑day operations of the County Authority, the control, management, and oversight of the County Authority’s functions, and supervision of all County Authority employees. All terms and conditions of the Executive Director’s length of service shall be specified in a written contract between the Executive Director and the County Authority Board, provided that the Executive Director shall serve at the pleasure of the County Authority Board.

Section 4.13. Ethics. Within six (6) months of the first meeting of the County Authority Board, the County Authority Board shall adopt ethics policies governing the conduct of County Authority Board members, officers, appointees, and employees as required under Section 4(9) of the Land Bank Act. The policies shall be no less stringent than those provided for public officers and employees under 1973 PA 196, MCL 15.341 to 15.348.

Section 4.14. Conflicts of Interest. Members of the County Authority Board and officers, appointees, and employees of the County Authority shall be deemed to be public servants for the purposes of 1968 PA 317, MCL 15.321 to 15.330, and are subject to any other applicable law with respect to conflicts of interest. As required under Section 4(10) of the Land Bank Act, the County Authority shall establish, within six (6) months of the first meeting, policies and procedures requiring the disclosure of relationships that may give rise to a conflict of interest. The County Authority Board shall require that any member of the County Authority Board with a direct or indirect interest in any matter before the County Authority Board disclose the member's interest before the Board takes any action on the matter.

Section 4.15. Relationship to County. The County Authority shall exercise its powers, duties, functions, and responsibilities independently of the County Board. Subject to available appropriations, Ingham County may provide the County Authority staff and other support, including, but not limited to legal, clerical, and information technology services.

ARTICLE V

GENERAL POWERS OF COUNTY AUTHORITY

Section 5.01. General Powers Under Land Bank Act. The County Authority may exercise all of the powers, duties, functions, and responsibilities of an authority under the Land Bank Act, including, but not limited to, each of the following:

(a) Adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business.

(b) Sue and be sued in its own name and plead and be impleaded, including, but not limited to, defending the County Authority in an action to clear title to property conveyed by the County Authority.

(d) Enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers, including, but not limited to, interlocal agreements under Act 7, for the joint exercise of powers under the Land Bank Act.

(e) Solicit and accept gifts, grants, labor, loans, and other aid from any person, or the federal government, the State, or a political subdivision of the State or any agency of the federal government, the State, a political subdivision of the State, or an intergovernmental entity created under the laws of the State or participate in any other way in a program of the federal government, the State, a political subdivision of the State, or an intergovernmental entity created under the laws of the State.

(f) Procure insurance against loss in connection with the property, assets, or activities of the County Authority.

(g) Invest money of the County Authority, at the discretion of the County Authority Board, in instruments, obligations, securities, or property determined proper by the County Authority Board and name and use depositories for County Authority money.

(h) Employ legal and technical experts, other officers, agents, or employees, permanent or temporary, paid from the funds of the County Authority. The County Authority shall determine the qualifications, duties, and compensation of those it employs. The County Authority Board may delegate to 1 or more members, officers, agents, or employees any powers or duties it considers proper.

(i) Contract for goods and services and engage personnel as necessary and engage the services of private consultants, managers, legal counsel, engineers, accountants, and auditors for rendering professional financial assistance and advice payable out of any money of the County Authority.

(j) Study, develop, and prepare the reports or plans the County Authority considers necessary to assist it in the exercise of its powers under the Land Bank Act and to monitor and evaluate progress under the Land Bank Act.

(k) Enter into contracts for the management of, the collection of rent from, or the sale of real property held by an authority.

(l) Do all other things necessary or convenient to achieve the objectives and purposes of the County Authority under the Land Bank Act or other laws that relate to the purposes and responsibilities of the County Authority.

Section 5.02. Bonds or Notes. The County Authority shall not issue any type of bond in its own name except as authorized by the Land Bank Act. The County Authority shall not possess the power to in any way indebt a Party. Bonds or notes issued by the County Authority are the debt of the County Authority and not of the Parties. Bonds or notes issued by the County Authority are for an essential public and governmental purpose. Pursuant to Section 24(7) of the Land Bank Act, bonds or notes, together with the interest on the bonds or notes and income from the bonds or notes, are exempt from all taxes by the State or any political subdivision of the State.

Section 5.03. Casino Development Prohibited. Pursuant to Section 4(6) of the Land Bank Act, the County Authority shall not assist or expend any funds for, or related to, the development of a casino.

Section 5.04. Tax Limitation. Pursuant to Section 4(7) of the Land Bank Act, the County Authority shall not levy any type of tax or special assessment.

Section 5.05. Condemnation Prohibited. The County Authority is prohibited, under Section 4(8) of the Land Bank Act, from exercising the power of eminent domain or condemning property.

Section 5.06. Limitation on Political Activities. The County Authority shall not spend any public funds on political activities. Subject to the foregoing, this section is not intended to prohibit the County Authority from engaging in activities authorized by applicable law.

Section 5.07. No Waiver of Governmental Immunity. The Parties agree that no provision of the Agreement is intended, nor shall it be construed, as a waiver by any Party of any governmental immunity provided under any applicable law.

Section 5.08. Non‑Discrimination. The County Authority shall comply with all applicable Federal, State and local laws, ordinances, rules, regulations and policies prohibiting discrimination, including but not limited to the following:

A. The Elliott‑Larsen Civil Rights Act, 1976 PA 453, as amended.

B. The Persons With Disabilities Civil Rights Act, 1976 PA 220, as amended.

C. Section 504 of the Federal Rehabilitation Act of 1973, P.L. 93‑112, 87 Stat 355, as amended, and regulations adopted thereunder.

D. The Americans with Disabilities Act of 1990, P.L. 101‑336, 104 Stat 327 (42 USC §12101 et seq.), as amended, and regulations promulgated thereunder.

E. Title VI of the Civil Rights Act of 1964.

F. Ingham County Equal Opportunity Employment/Nondiscrimination Policy set forth in Ingham County Board of Commissioners Resolution No. 02‑283, as amended.

The County Authority shall not fail or refuse to hire, recruit, or promote; demote; discharge; or otherwise discriminate against a person with respect to employment, compensation, or a term, condition, or privilege of employment because of religion, race, color, national origin, age, sex, sexual orientation, gender identity, height, weight, marital status, partisan considerations, or a disability or genetic information that is unrelated to the person's ability to perform the duties of a particular job or position.

The County Authority shall not limit, segregate, or classify an employee or applicant for employment in a way that deprives or tends to deprive the employee or applicant of an employment opportunity or otherwise adversely affects the status of an employee or applicant because of religion, race, color, national origin, age, sex, sexual orientation, gender identity, height, weight, marital status, partisan considerations, or a disability or genetic information that is unrelated to the person's ability to perform the duties of a particular job or position.

The County Authority shall not provide services in a manner that discriminates against a person with respect to employment, compensation, or a term, condition, or privilege of employment because of religion, race, color, national origin, age, sex, sexual orientation, gender identity, height, weight, marital status, partisan considerations, or a disability or genetic information that is unrelated to the person's ability to receive services from the County Authority.

Breach of this section shall be regarded as a material breach of this Agreement.

ARTICLE VI

SPECIFIC POWERS OF THE COUNTY AUTHORITY

Section 6.01. Acquisition of Property. Except as otherwise provided in this Agreement or under the Land Bank Act, the County Authority may acquire by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise real or personal property, or rights or interests in real or personal property, on terms and conditions and in a manner the County Authority considers proper. Real property acquired by the County Authority by purchase may be by purchase contract, lease purchase agreement, installment sales contract, land contract, or otherwise. The County Authority may acquire real property or rights or interests in real property for any purpose the County Authority considers necessary to carry out the purposes of the Land Bank Act.

Section 6.02. Deeds In Lieu of Foreclosure. The County Authority may accept from a Person with an interest in a tax delinquent property or Tax Reverted Property a deed conveying that Person’s interest in the property in lieu of the foreclosure or sale of the property as provided under Section 6 of the Land Bank Act.

Section 6.03. Expedited Quiet Title and Foreclosure Actions. The County Authority may initiate an expedited quiet title and foreclosure action to quiet title to interests in real property held by the County Authority, as provided under Section 9 of the Land Bank Act.

Section 6.04. Execution of Legal Documents Relating to Property. All deeds, mortgages, contracts, leases, purchases, or other agreements regarding property of the County Authority, including agreements to acquire or dispose of real property, shall be approved by and executed in the name of the County Authority.

Section 6.05. Holding and Managing Property. The County Authority may hold and own in its name any property acquired by the County Authority or conveyed to the County Authority by the State, a Foreclosing Governmental Unit, a local unit of government, an intergovernmental entity created under the laws of the State, or any other public or private person, including, but not limited to, Tax Reverted Property and property with or without clear title. The County Authority may, without the approval of a local unit of government in which property held by the County Authority is located, control, hold, manage, maintain, operate, repair, lease as lessor, secure, prevent the waste or deterioration of, demolish, and take all other actions necessary to preserve the value of the property it holds or owns. All real property held by the County Authority shall be inventoried and classified by the County Authority according to title status of the property and suitability for use. The County Authority may take or perform the following with respect to property held or owned by the County Authority:

(a) Grant or acquire a license, easement, or option with respect to property as the County Authority determines is reasonably necessary to achieve the purposes of this Agreement and the Land Bank Act.

(b) Fix, charge, and collect rents, fees, and charges for use of property under the control of the County Authority or for services provided by the County Authority.

(d) Take any action, provide any notice, or institute any proceeding required to clear or quiet title to property held by the County Authority in order to establish ownership by and vest title to property in the County Authority, including, but not limited to, an expedited quiet title and foreclosure action under Section 9 of the Land Bank Act.

(e) Remediate environmental contamination on any property held by the County Authority.

Section 6.06. Civil Action to Protect County Authority Property. The County Authority may institute a civil action to prevent, restrain, or enjoin the waste of or unlawful removal of any property from Tax Reverted Property or other real property held by the County Authority, as provided under Section 11 of the Land Bank Act.

Section 6.07. Environmental Contamination. If the County Authority has reason to believe that property held by the County Authority may be the site of environmental contamination, the County Authority shall provide the Michigan Department of Environmental Quality with any information in the possession of the County Authority that suggests that the property may be the site of environmental contamination, as required under Section 10 of the Land Bank Act. The County Authority shall cooperate with the Michigan Department of Environmental Quality with regard to any request made or action taken by the Department under Section 10 of the Land Bank Act.

Section 6.08. Transfer of Interests in Property by County Authority. Pursuant to Section 7 of the Land Bank Act, on terms and conditions, and in a manner and for an amount of consideration the County Authority considers proper, fair, and valuable, including for no monetary consideration, the County Authority may convey, sell, transfer, exchange, lease as lessor, or otherwise dispose of property or rights or interests in property in which the County Authority holds a legal interest to any public or private person for value determined by the County Authority.

Section 6.09. Disposition of Proceeds. Any proceeds from the sale or transfer of property by the County Authority shall be retained by the County Authority, or expended or transferred by the County Authority consistent with the provisions of the Land Bank Act and pursuant to a plan adopted by the County Authority Board. Any transfer or other disposition of property or interests in property by the County Authority shall be in accordance with guidelines established by the County Authority Board.

Section 6.10. Collective Bargaining. The County Authority shall have the right to bargain collectively and enter into agreements with labor organizations. The County Authority shall fulfill its responsibilities as a public employer subject to 1947 PA 336, MCL 423.201 to 423.217 with respect to all its employees.

Section 6.11. Municipal Employee Retirement System. To the extent permitted under Michigan law, the County Authority Board may elect to become a participating municipality on behalf of County Authority employees, but only pursuant to Section 2c(2) of the Municipal Employees Retirement Act of 1984, 1984 PA 427, MCL 38.1501 to 38.1558.

ARTICLE VII

BOOKS, RECORDS, AND FINANCES

Section 7.01. County Authority Records. The County Authority shall keep and maintain at the principal office of the County Authority, all documents and records of the County Authority. The records of the County Authority, which shall be available to the Parties, shall include, but not be limited to, a copy of this Agreement along with any amendments to the Agreement. The records and documents shall be maintained until the termination of this Agreement and shall be delivered to any successor entity or, if none, to the Treasurer or any successor agency of the Treasurer.

Section 7.02. Financial Statements and Reports. The County Authority shall cause to be prepared, at County Authority expense, audited financial statements (balance sheet, statement of revenue and expense, statement of cash flows, and changes in fund balance) on an annual basis. Such financial statements shall be prepared in accordance with generally accepted accounting principles and accompanied by a written opinion of an independent certified public accounting firm. A copy of the annual financial statement and report shall be filed with the Michigan Department of Treasury, or any successor agency, and shall be made available to each of the Parties.

Section 7.03. Audits. The County Authority shall provide for the conduct of audits in accordance with Sections 6 to 13 of the Budget Act, which shall be made available at the request of any Party. The County Authority Board shall establish a dedicated audit committee of the County Authority Board for the purpose of overseeing the accounting and financial reporting processes of the County Authority and audits of its financial statements. The County Authority shall establish specific duties and obligations of the audit committee and standards and qualifications for membership on the audit committee. The County Authority may require at least one member to be specifically knowledgeable about financial reports.

Section 7.04. Freedom of Information Act. The County Authority shall be subject to and comply with the FOIA.

Section 7.05. Uniform Budgeting and Accounting Act. The County Authority shall be subject to and comply with the Budget Act. The Executive Director annually shall prepare, and the County Authority Board shall approve, a budget for the County Authority for each Fiscal Year. Each budget shall be approved by the December 1^st immediately preceding the beginning of the Fiscal Year of the County Authority.