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HomeMy WebLinkAboutResolutions - 1995.03.02 - 24504MISCELLANEOUS RESOLUTION MAW March 2, 1995 By: Public Services Committee, Lawrence A. Obrecht, Chairperson XN RE: GYPSY MOTH SUPPRESSION PROGRAM COMMUNITY SPRAY CONTRACTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the gypsy moth infestation presents the potential for immense damage to the many forested and tree filled landscapes within Oakland County; and WHEREAS many local governmental units within Oakland County have sought the Ccunty's assistance in coordinating a large scale treatment program to help suppress the gypsy moth infestation in which the local units chose to participate; and WHEREAS the County has chosen to assist qualifying local units by participating in a state-wide treatment program developed by the Michigan Department of Agriculture (MDA);and WHEREAS the MDA program offers the expertise and experience of the MDA in suppressing the gypsy moth infeStation plus the possibility of federal and/or state cost sharing for program expenses through a state grant entitled the, "1995 mirhigAn nppartmpnt nf Agriculture Cooperative GVDSV Moth Suppression Prog=1"; and WHEREAS the County provides local units an opportunity to join this County- wide program and realize economies of scale, cost savings, and possible cost sharing through the MDA grant that local units could not achieve independently; and WHEREAS the 1995 program is a cooperative effort between the County and local units which provides that specifically designated areas of qualified forested municipal acreage will be aerially sprayed with an MDA selected insecticide by an MDA qualified and approved agricultural pesticide spray contractor in an attempt to minimize municipal tree damage; and WHEREAS, the governing bodies of the Township of Addison, Village of Beverly Hills, Township of Commerce, Village of Franklin, City of Farmington Hills, Charter Township of Independence, Township cf Oakland, City of Orchard Lake Village, Charter Township of Springfield, City of Rochester Hills, City of Troy and the City of Wixom have each adopted resolutions entering into the MUNICIPALITY PARTICIPATION AGREEMENT-1995 OAKLAND COUNTY GYPSY MOTH PROGRAM with the County cf Oakland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraphs, agrees to be bound by the terms and conditions contained in each of the following Agreements: MUNICIPALITY PROGRAM with MUNICIPALITY PROGRAM with MUNICIPALITY PROGRAM with MUNICIPALITY PROGRAM with MUNICIPALITY PROGRAM with MUNICIPALITY PROGRAM with MUNICIPALITY PROGRAM with PARTICIPATION AGREEMENT - 1995 OAKLAND COUNTY GYPSY MOTH TOWNSHIP OF ADDISON PARTICIPATION AGREEMENT - 1995 OAKLAND COUNTY GYPSY MOTH VILLAGE OF BEVERLY HILLS PARTICIPATION AGREEMENT - 1995 OAKLAND COUNTY GYPSY MOTH TOWNSHIP OF COMMERCE PARTICIPATION AGREEMENT - 2.995 OAKLAND COUNTY GYPSY MOTH VILLAGE OF FRANKLIN PARTICIPATION AGREEMENT - 1995 OAKLAND COUNTY GYPSY MOTH CITY OF FARMINGTON HILLS PARTICIPATION AGREEMENT - 1995 OAKLAND COUNTY GYPSY MOTH CHARTER TOWNSHIP OF INDEPENDENCE PARTICIPATION AGREEMENT - 1995 OAKLAND COUNTY GYPSY MOTH TOWNSHIP OP OAKLAND OAKLAND COUNTY GYPSY MOTH OAKLAND COUNTY GYPSY MOTH OAKLAND COUNTY GYPSY MOTH OAKLAND COUNTY GYPSY MOTH OAKLAND COUNTY GYPSY MOTH OAKLAND COUNTY GYPSY MOTH MUNICIPALITY PROGRAM with MUNICIPALITY PROGRAM with MUNICIPALITY PROGRAM with MUNICIPALITY PROGRAM with MUNICIPALITY PROGRAM with MUNICIPALITY PROGRAM with PARTICIPATION AGREEMENT - 1995 THE CITY OF ORCHARD LAKE VILLAGE PARTICIPATION AGREEMENT - 1995 CHARTER TOWNSHIP OF SPRINGFIELD PARTICIPATION AGREEMENT - 1995 THE CITY OF ROCHESTER HILLS PARTICIPATION AGREEMENT - 1995 THE CITY OF TROY PARTICIPATION AGREEMENT - 1995 THE CITY OF WIXOM PARTICIPATION AGREEMENT - 1995 THE CITY OF BLOOMFIELD HILLS BE IT FURTHER RESOLVED that upon receipt of a final, executed MUNICIPALITY PARTICIPATION AGREEMENT-1995 OAKLAND COUNTY GYPSY MOTH PROGRAM from each of the above parties, accompanied by a certified copy of the resolution of their respective governing bodies accepting the Agreement, the Oakland County Board of Commissioners authorizes the Oakland County Executive to execute and enter into each of these Agreements on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Agreement for the Charter Township of Independence is to be interpreted as provided for in the attached letter of understanding from their attorney, dated February 15, 1995. BE IT FURTHER RESOLVED that the Agreement for the Charter Township of Springfield is to be interpreted as provided for in the attached letter of understanding from their attorney, dated February 15, 1995, BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain and file each of the above Agreements upon receipt of a final, executed copy of any of the above Agreements. Chairperson, on behalf of the Public adoption of the foregoing resolution. Services / PUBIIICSERVICES COMMI EE It'U'itt,44 1 Committee, I move the FEB-15-'95 15:07 ID: TEL NO: 4501 P02 1451.9500 .10'140041.44,4 February 15, 1995 VIA FACSIMILE St U.S, MAIL (4110) 1141411C4)3 GAMY L. DoivIlL KOHL. SECREST. WARDLE. LYNCH. CLARK AND HAMPTON couNstLoRs AT LAW 30901 NOIRT4wESTE Apt HIGHWAY P.O. .Oz 30,20 FARMINOTON HILLS. MICKIGAM 46333-3040 igiMam 04 14ACO.K41 PLACIL MT. CLIFMLY4S, MI 416043.78.041 (11112}465.71.0 TtLet.G111141LE (SIM 466-0473 73311. %NEST IHIPC DR, worm 303 LAMSINg MI 41101,-117.4 (617; sltV-10111 1-ELErAcSiP411.4 C17) 427,1118 7 5,3 KENMOOR 10111VE, 0otA.0 mAr105, MI.1**00-f373 (4111} ill. 043 TRI.SFAC3IMILIC 30411 C0p414 CPC L 0111+0E P.O.1104 411011 •0T plUmom, 141 410410,9e (1I0)305.06118 TtLirACtiMiLE (410 345-050/ B787 114111111.49NE LAKE GOA° SUIT( 11410 1141GrIT0p4. MI e1ii11•1904 (410) 24941170 TELICRACElimiLE (0101 iter507. Oakland County Corporation Counsel Attention: Michael D. Blaszczak 1200 North Telegraph Road Pontiac, Michigan 48341-0419 RE: 1995 Gypsy Moth Municipality Participation Agreement Letter of Understanding Our Client: Charter Township of Independence Dear Mr. Blaszczak: At its January 24, 1995 meeting, the Township Board of Trustees authorized the Township Supervisor to execute the County's Proposed Participation Agreement. By separate motion, our office wag requested to work with the Township Supervisor toward a letter of understanding with Oakland County, confirming the Township's interpretation and understanding of certain portions of the Agreement. In addition to the understandings regarding Paragraphs 22, 27, 41 and 42 as set forth in the February 15, 1995 letter to you by Gregory K. Need, the attorney for Springfield Township, Independence Township requests that the County confirm the following. Paragraph 16, Sentence 3. When the Township is required to provide telephone numbers is addressed in Section 17. Paragraph 17, Sentence s. The notice by the County of property owner exclusions will be in writing. Paragraph 21, Sentence 1. Mobile radios will be considered to satisfy the cellular telephone requirement. Very t5],erpsonrs, GARY L. FEB-15-'95 1500 IL: Oakland County Corporation Counsel Attention: Michael D. Blassczak February 15, 1995 Page -2- TEL NO: #501 P03 KOHL. SECRIZST, WAHOLK. LYNCH. CLARK AND HAMPTON If the Board of Commissioners approves this Letter of Understanding, the Township Board's directive to the Supervisor and this office will have been carried out and there would be no other outstanding issues, amendments Or agreements necessary. OLD/v1f cc: Dale Stuart, Supervisor Gerald A. Fisher, Esq. 001.1Gi.AS W. 100111 ci gi111-1 •ibt) C•Lv1.4 PATTEINSON (1h13-19•1) FEB-I5-1995 09:31 FROM BOOTH PATTERSON LEE ET AL TO 965910003 P.03/05 PAPVII4 vcc, pi 71 IdeSTWY PATTCPCSOM 9.001 0 r. LEE 41444.01irIC. rs1140 rmiwo G. ^P.034P1 ALLALN T, WOTiwr OCCAlmillADA C+IWiST LAW Orrices BOOTH, PATTERSON, LEE. NEED E4 ADKISON •ACres40,3hi•1, iQQ WCY MUPqON STUCCT wArourcrao, •40co4Il3Ar4 48132.-3 ,33 yci.u•HoNc two) 681-1100 rAm. (ato) sa1-1 7 S4 February 15, 1995 Mr. Michael D. Blasczak Assistant Corporation Counsel 1200 N. Telegraph Road Dept. 419 Pontiac, MI 48341-0419 Re: Springfield Township-Oakland County Gypsy Moth Contract - Letter of Understanding Dear Mr. Blazczak: As you know, I represent the Charter Township of Springfield. At their January Board meeting the Township Board approved participation in the Municipality Participation Agreement with Oakland County subject ti5 resolution of various concerns to the satisfaction of the Township Supervisor and Township attorney. What follows in this letter of understanding are those issues material to the Township, and the proposed resolution of those issues, by clarification, explanation, and interpretation, as we discussed_ 1. Paragraph 2?, Sentence 1 - states that "The 16.72VICIPALITY is responsible for insuring that all reasonable and necessary safety precautions are exercised at all times for the protection of persons and property in or near any MUNICIPALITY SPRAY CLOCK from any 2995 PROGRAK related hazards. This sentence is not intended to include any Township obligation for safety precautions which are under the exclusive control and supervision of any other garvernmsntal agency or entity such as the Federal Aviation Administration, the Michigan Department of Agriculture, or under the sole and exclusive control of the pesticide applicator. 2. Paragraph 22 Sentence .4, - states that: "In this regard the MUNICIPALITY shall secure al1 necessary certificates and permits from such public authorities as may be required for AERIAL SPRAYING in the MUNICIPALITY." It is the intent of the parties that this sentence shall be interpreted as creating a duty on Springfield Township to assist and cooperate in obtaining all necessary certificates from public authorities. It is understood that even with their assistance and cooperation, public authorities, other than Springfield Township, may still refuse to issue a necessary permits and under such circumstances Springfield Township would not be responsible. As an example, Low-altitude Flying Permits are issued by the Federal Aviation Administration (FAA). Springfield Township agrees to cooperate with the Pesticide FE-i5-1995 0931 FRom BOOTH PATTERSON LEE ET AL TO 98581003 P.04/05 Mr. Michael D. Blazczak February 15, 1995 Page 2 Applicator in attempting to secure such a permit, but is not responsible should the FAA refuse to iesue such a permit. 3. Paragra01 ay - states that: "The MUNICIPALITY shall insure that no member of the legislature of the State of Michigan or any individual employed by the State shall be permitted to share in any REIMBURSEMENT from the ICA GRANT or any benefit that arises therefrom." This paragraph does not intend that Springfield Township would be responsible for the employment practices of any other MUNICIPALITY participating in this program. The intent is that Springfield Township will be responsible only for those persons employed and/or paid by Springfield Township and not by any other MUNICIPALITY or the County." 4. Paragraph .41 - states that: "The MUNICIPALITY acknowledges that its decision to participate in the 1995 P,ROORAM and enter this AGREEMENT is voluntary and with full knowledge, and that it is under no obligation to participate- In making this decision, the MUNICIPALITY has relied entirely upon its own investigation, and/or has had ample opportunity to conduct such an investigation, of all material facts, applicable laws, and all such other circumstances that might influence upon the MUNICIPALITY'S decision to enter this AGREEMENT. The MUNICIPALITY warrants that it has completely satisfied itself in all aspects of the 2995 PROGRAM and the AERIAL SPRAYING." It is the intent of the parties that the County will make all documentation it has, in any way related to the Gypsy Moth program, available to Springfield Township officials for their review. With regard to the last sentence of this paragraph, it is not the intent of this sentence that Springfield Township shall undertake any affirmative duty to review any other documents or records related to this program beyond those provided or otherwise available from the County. 5. 22LagrAph_12 - states that "The MuNICIPALITY agrees that the major operational components of the 1.995 PROGRAM, including, but not limited to, the decision to use AERIAL SPRAYING for the delivery of insecticide, the choice of insecticide, the insecticide application rates, the timing of such applications, etc., have been established under the terms of the /IDA GRANT in which the MUNICIPALITY has voluntarily consented to participate and assume all risks" It is the intent of the parties that "all risks" referred to at the end of this Sentence are meant to include only "all risks where and as outlined in this AGREEMENT." 6. The Township has still not seen the revised maps or drawing showing the areas to be sprayed, which are to be attached to the participation agreement as attachment "A". Township FEB-15-1995 09 1 32 FROM BOOTH PATTERSON LEE ET AL TO 985E11003 P.05/05 Mr. Michael D. B1azczak February 15, 1995 Page 3 participation in the agreement is contingent upon the final maps and attachment "„X" being submitted which do not show more than 820 acres to be sprayed. If the Board of Commissioners approves this Letter of Understanding the condition of Tawmshj4) Board approval would be met and the Township will execute the participation agreement. There would be no other outstanding issues, amendments or agreements to finalize Township participation, except for the agreement, as signed by the Township, and this Letter of Understanding. Very truly yours, goomi, PATTERSON, LEE, NEED & ADKISON, P.C. Need In Testimony Wherent, I have hereunto set my hand and,Afixed the seal 4 li the County of Oakland at Pontiac, Michigan this 2nd day o D. Allen, County Clerk .1Zth Date Resolution #95059 March 2, 1995 Moved by Obrecht supported by Garfield the resolution be adopted. Moved by Obrecht supported by Jensen the resolution be amended in the last WHEREAS paragraph by adding the words "and the City of Bloomfield Hills" after the words "the City of Wixom". A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Quarles, Schmid, Taub, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Perniek, Powers. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. HEfiz59PROVE 0REGcsouiTION 440 I I 0, 11 IP 7 I Brooks Patters n , ounty Executive STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 2, 1995 with the original record thereof now remaining in my office.