HomeMy WebLinkAboutResolutions - 2001.10.11 - 26601NING AND BUILDING COMMITTEE
October 11, 2001
MISCELLANEOUS RESOLUTION #01263
By: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - 120-DAY EXTENSION OF INTERLOCAL AGREEMENT
FOR OPERATIONS AND MAINTENANCE - LYON TOWNSHIP SEWAGE DISPOSAL SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentleman:
WHEREAS, pursuant to Miscellaneous Resolution No. #01164 the
Oakland County Drain Commissioner was authorized to assist the Charter
Township of Lyon (Township) regarding the operations of its sewage
disposal system for a period of 120-days;
WHEREAS, this 120-day agreement will expire on October 22, 2001;
WHEREAS, for the last 120 days, the Township has been negotiating
an agreement regarding the ownership and operations of the a
wastewater treatment facility with the present owner of the facility;
WHEREAS, this agreement is not finalized;
WEHREAS, the Drain Commissioner has proposed and presented for
the Township's consideration that the Township petition under Chapter
20 of the Drain Code of 1956, MCL 280.461 et seq. to create a separate
public corporation that could not only operate and maintain the sewage
disposal system, but to comprehensively address drainage and other
water quality issues with in the Township;
WHEREAS, the Township, by resolution dated September 20, 2001 has
directed it Supervisor to meet with the Township's bond Counsel to
develop, for the Board's consideration a petition for the creation of
a Chapter 20 Drain District for the purpose of acquiring, operating
and maintaining the sewage disposal system, and to comprehensively
address the drain and water quality issues within the Township;
WHEREAS,the Township requests that the County of Oakland extend
the current operating agreement for the sewage disposal system for an
additional 120 days in order to allow the Township to receive
recommendations of counsel regarding the option of creating a Chapter
20 Drainage District to operate and maintain the sewage disposal
system;
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners
hereby agrees to extend the current operating agreement between the
County and the Charter Township of Lyon for a period of 120-days in
order to allow the Township to receive and act upon recommendations of
counsel regarding the option of creating a Chapter 20 Drainage
District to operate and maintain the sewage disposal system;
Chairperson, on behalf of the Planning and Building Committee, I
move the adoption of the foregoing resolution.
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote
OgLAND cOIJNTY DRAIN COM
• ._."" Aum.4(1 11-
09/25/01 15:17 FAX ;48 858 1066
2002
1413 002
CHARTER TOWNSHIP OF LYON
RESOLUTION 2001-17
This esolution was proposed by Trustee PranswaY and seconded by
Trustee Xoung at a special meeting of the Charter Township of Lyon Board of
Trustees held on September 20, 2001 as follows:
WHEREAS, on June 21,2001 Oakland County and the Charter Township of Lyon
entered into a 120-day agreement whereby the County, through its Drain Commissioner
agreed to operate and maintain the township's sewage disposal system, including the
wastewater treatment plant (WWTP);
WHEREAS, the this agreement was put in place to assist the Township as it
negotiated a permanent agreement regarding the ownership and operations of the WW'TP
which is presently owned by Park Place Environznental, Inc.;
WHEREAS, the agreement with the County will expire on October 22, 2001;
WHE.REAS, the County officials have expressed their unwillingless to continue
operating and maintairitt g this system if the WWTP remains under the ownership and
control of a private entity;
WHEREAS, the Drain Commissioner has proposed and presented for the
Township's consideration that the Township petition under Chapter 20 of the Drain Code
of 1956, MCL 280.461 et seq. to create a separate public corporation that could not only
operate and maintain the sewage disposal system, but to comprehensively address
drainage and other water quality issues with in the Township;
wffEREAS, Chapter 20 of the Drain Code provides that projects maybe funded.
through ad valorem taxation, special assessments and user or connections charges;
NOW, THEREFORE, the Township hereby directs the Township Supervisor to
meet with Bond Counsel to develop, for the Board's consideration a petition for the
creation of a Chapter 20 Drain District for the purpose of acquiring, operating and
maintaining the sewage disposal system, and to comprehensively address the drain and
water quality issues within the Township;
FURTHER, the Township hereby requests that the County of Oakland for and
extension of the current operating agreement for the sewage disposal system for an
additional 120 days in order to allow the Township to receive recommendations of
counsel regarding the option of creating a Chapter 20 Drainage District to operate and
maintain the sewage disposal system;
_ 09/25/01 15:17 FAX 248 858 1066 OAKLAND COUNTY DRAIN COM . Zoo3
4 , .44o...y4.1 • 4..LVO "11111,11414
,... • .
la 003
Present: Trustee Bisio, Trustee Fransway, Trustee Cash, Treasurer Carcone, Clerk
Johnson, Trustee Young, Supervisor Shigley
Voting Aye: Johnson, Shigley, Young, Bisio, Carcone, Cash, Franswa-y
Voting Nay: None
Resolution declared adopted_
Certification of Clerk
I hereby certify that the foregoing is a true and complete copy of a Resolution which was
passed at a special meeting of the Board of of the Charter Township of Lyon
held 011 Thursday, September 20, 2001.
. ......
extension will allow recommendations of counsel 5. The
FISCAL NOTE (MISC. #01263) October 11, 2001
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - TO AUTHORIZE THE DRAIN COMMISSIONER TO
ENTER INTO A 120 DAY EXTENSION OF THE INTERIM INTERLOCAL AGREEMENT TO
ASSIST CHARTER TOWNHIP OF LYON IN ITS OPERATION AND MAINTENANCE OF
THEIR SEWAGE DISPOSAL SYSTEM
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Drain Commissioner requests authorization to enter a
120-day extension with Charter Township of Lyon.
2. The extension of the contract with Charter Township of Lyon
will be effective on October 22, 2001 and end February 18,
2002.
of Lyon has not finalized its agreement
owner of the Waste Water Treatment Plant
3. Charter Township
with the private
(WWTP).
4. With the extension, Drain
Lyon Township to consider
the Drain Code to create a
Commissioner staff has proposed
to petition under Chapter 20 of
separate public corporation.
regarding the option of creating a Chapter 20 Drainage
District.
6. The following budget amendment is recommended to the FY
2002 budget to recognize anticipated additional revenue and
expense to be incurred during the 120-day extension:
Dept OCA PCA Object
Revenues
61 121317
Expenditures
61 227317 47000 2572 Contracted Services $80,000
$0
FY 2002
47000 0839 Rebilled charges $80,000
L ----—
FIN CE COMMITTEE ...--) ,
Cl....‹_
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Douglas absent.
HE FOREC (::'
erson, County Executive
o RESOLUTION
Date
I HEREBY
rooks
Resolution #01263 October 11, 2001
Moved by Palmer supported by Webster the resolution be adopted.
AYES: Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield,
Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer,
Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley, Causey-
Mitchell. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 October 11, 2001 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 11,Ap dayi6f October
G7 William Caddell, County Clerk