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HomeMy WebLinkAboutResolutions - 2002.07.18 - 26810MISCELLANEOUS RESOLUTION 102153 June 13, 2002 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: County Executive/Sheriffs Office -Contract Arrearage Repayment Schedule for Law Enforcement Services in the Charter Township of Royal Oak 1999-2003 To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS Charter Township of Royal Oak ("Township") contracted with the Oakland County Sheriffs Department to provide Law Enforcement Services for the Township (M.R.#99133); and WHEREAS the Charter Township of Royal Oak remains in arrears in its payment obligations for these contracted Deputy Services; and WHEREAS this arrearage was $303,047.95 as of May 23, 2002, and WHEREAS the Township at a May 14, 2002 meeting of its Board of Trustees approved (Copy Attached) a payment plan that would provide that the County hereafter receive its " . . . regularly scheduled monthly payment and, further, that the Township will pay an additional amount of $100,000.00 immediately, and then monthly payments of $10,000.00 until all delinquent amounts are fully paid and satisfied or 20 within months", and WHEREAS the Oakland County Board of Commissioners, under these circumstances, find this proposed repayment proposal acceptable. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners agrees to allow the Charter Township of Royal Oak to repay its Law Enforcement Services Agreement arrearages as follows: I. The Township shall pay all future monthly Law Enforcement Services Agreement amounts due to the County as and when such payments become due and owing under the Law Enforcement Services Agreement; and 2. The Township, on or before June 15, 2002, shall tender to the County an additional amount of $100,000.00 to be applied against the current arrearages; and 3. The Township, beginning in July 2002, and each month thereafter, shall remit to the County an additional payment of at least $10,000.00 per month, to be applied against the current arrearages, until all delinquent amounts are fully paid and satisfied. BE IT FURTHER RESOLVED that in the event that the Township fails to meet any one of the three payment obligations described in the previous paragraph, the matter shall come before the Oakland County Board of Commissioners within 45 days for cure or cancellation. BE IT FURTHER RESOLVED that a certified copy of this resolution along with written notification required in the contract be sent to the Charter Township of Royal Oak by the Chairperson of this Board, forthwith. BE IT FURTHER RESOLVED that in the event this Law Enforcement Services Agreement is cancelled, the Sheriff Department's budget shall be adjusted accordingly. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried on a roll call vote with Moffitt absent and Obrecht and Garfield voting no. RESOLUTION DECLARED ADOPTED. YEAS: 5 NAYS: 0 BY: rry %Adler, Supervisor CHARTER TOWNSHIP OF ROYAL OAK A RESOLUTION TO MODIFY INTERGOVERNMENTAL CONTRACT FOR POLICE SERVICES WHEREAS, the Charter Township of Royal Oak and the County of Oakland entered into an intergovernmental contract for Police/Sheriff services; and WHEREFORE, it has been determined that the Township is in the arrearage and delinquent in its payment to Oakland County, (by calculations of) $302,000.00 and according to the Charter Township of Royal Oak (by calculations of) $260,621.45. WHEREAS, on April 23, 2002, representation for the Township appeared before the Honorable Oakland County Public Service Committee to negotiate the terms and conditions upon which the Township is to pay arrearages and monthly payment; and WHEREAS, the Oakland County Public Service Committee and the County of Oakland is requested to accept the following payment plan. 1. Regular scheduled payments 2. $100,000.00 immediately 3. $10,000.00 monthly payments for 20 months. NOW THEREFORE, BE IT RESOLVED that the Board of Trustees for the Charter Township of Royal Oak hereby approves the payment plan of the regularly scheduled monthly payment and, further, that the Township will pay an additional amount of $100,000.00 immediately, and then monthly payments of $10,000.00 until all delinquent amounts are fully paid and satisfied or 20 within months, CHARTER TOWNSHIP OF ROYAL OAK I, GWENDOLYN TURNER, being duly elected Clerk of the Charter Township of Royal Oak, so swear that the above is a true and correct copy of a Resolution adopted at a Regular Board Meeting, held on 05-1 4 , 2002 at the Township Hall, located at 21075 Wyoming Avenue, Ferndale" Michigan 48220. Gwendolyn Turn , Cleric : ..4.0604~.0 Willie Mayo, CP Financial Analyst for th-i Township of Royal Oak WILLIE MAYO CPA PAGE 01 U4r1brzoliz VJ:4/ 24eJbUb325 Willie Mayo & Co.,P.C. Certified Pithily Accountants 15565 No11111E1,4 Drive $201E Southfield, Michigan 45075 (24$) 424-5670 (Phone) (2411) 424-5671 (Fax) Via Facsimile April 25, 2002 To Attorney Wallace Parker, General Counsel Chartered Township of Royal Oak 21075 Wyoming Avenue Ferndale, Michigan 48220 It is my understanding that a meeting was held on April 23, 2002 with the Oakland County Public Service Committee for the purpose of discussing the payment of the arreamges on the Oakland County Sheriff's contract. We will need additional time to prepare cash flow projections in order to determine the amount the Township can pay monthly on the arrearage of this contract and remain current for the 2002 year. It is our estimation that we will be able to complete our analysis and make a recommendation to the Trustee Board on or about May 6, 2002. Cc. Trustee of Township of Royal Oak Kce4 `1.7 ,Vem 200 44,41/25z_a?..eg _ 64,-5,13:5z_74/.? April 26, 2002 Ms. Judith Cunningham, Corporation Counsel for the CO\anty of Oakland 1200 N. Tele0aph Road Pontiac, Michigan 4$341 RE: Charter Township of Royal Oak Payment Schedule and Arrearage Dear Ms. Cunningham: I wish first to thank you for the opportunity to meet with your committee regarding police services for the above-referenced Township. As evidenced by the attendance and attention given at the Regular Board Meeting of the Township, this matter is given and deserves all of the attention, which possibly can be given. At the Board Meeting, I presented a Resolution for the Board of Trustees to execute. This matter (after a lengthy discussions) was tabled until the CPA/Financial Analyst can assure the Board that funds will be available to make the regularly scheduled payments and $20,000.00 monthly payments towards the arrearage. As you can see from the attached letter, Mr. Mayo is requesting until May 6, 2002, to complete his evaluation and to properly advise the Board. Ms. Judith Cunningham Page 2. April 26, 2002 Based upon my information and belief, I am of the opinion that this two- week delay will not pose a hardship for the parties concerned or involved herein. The Resolution needed by the Township for presentment to the County should be delivered on May, 10, 2002. Should you have any questions, please do not hesitate to contact me at the above number. Sincerely, BLOOMFIELOI LAW CENTER, P.C. / H. Wallace Parker, Attorney for the Charter Township of Royal Oak HWP/aw Enclosure cc: Oakland County Commissioners, Public Safety Committee Mr. Jerry L. Saddler, Supervisor for the Charter Township of Royal Oak Board of Trustees for the Charter Township of Royal Oak Mr. Willie Mayo, CPA Captain Michael McCabe, Oakland County Sheriff's Department Sincerely Bloomfield Law Center,-R 'allace Parker ieke —Chat Caen& f , 44060 O'(dearei, Otite 200 .ffleaewlekt [kik. :912.7 - 4-8302 .ffewe (2-18) 332-0222A. 0,459 832- 7-1/2 May 10, 2002 Oakland County Commissioners Public Safety Commission Board 1200 N. Telegraph Road Pontiac, Michigan 48341-0419 RE: Charter Township of Royal Oak/Oakland County Sheriff Department Intergovernmental Contract for Police services Gentleman: The Board of Trustees for the Charter Township of Royal Oak requested that I provide you with notice that additional time is necessary in order to provide you with a Resolution approving payment of any delinquent services regarding the Police Contract. The Board of Trustees of the Township, did in fact place on this agenda the issue of the delinquent payment for the Sheriffs contract at its Board meeting on May 9, 2002. Further, the C.P.A. /Financial Analyst was also present and requested additional time as he was concerned that the Township may not be able to pay the amount of $20,000.00 (Twenty Thousand Dollars) per month and stay current with its current contract full monthly payment. Therefore, the Board of Trustee for the Charter Township of Royal Oak is advising that you should anticipate receiving an executed Resolution on May 15, 2002. Thank you for anticipated cooperation Hwp/dmm cc: Civil Counsel Willie Mayo Captain McCabe Oakland County Sheriff Board of Trustees Charter Township of Royal Oak C; Resolution #02153 June 13, 2002 The Chairperson referred the resolution to the Finance Committee. There were no objections. July 18, 2002 FISCAL NOTE (M.R. #02153) BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: COUNTY EXECUTIVE/SHERIFF'S OFFICE-CONTRACT ARREARAGE REPAYMENT SCHEDULE FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ROYAL OAK 1999-2003 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 Miscellaneous Resolution and finds: 1. The Charter Township of Royal Oak contracted with the Oakland County Sheriff's Department to provide Law Enforcement Services for the Township (M.R.#99133) 2. The Charter Township of Royal Oak remains in arrears in its payment obligations for these contracted Deputy Services. The arrearage was $279,665.01 as of July 2, 2002 (See attachment A). 3. The Charter Township of Royal Oak has agreed to a repayment plan as follows: 1) Pay all future monthly Law Enforcement Services Agreement amounts as and when such payments are due and owing under the Law Enforcement Services Agreement. 2) The Township on or before June 15, 2002 shall remit to the County an additional amount of $100,000 to be applied against current arrearages. 3) The Township, beginning July 2002, and each month thereafter, shall remit to the County an additional amount of at least $10,000 per month, to be applied against all current arrearages until all delinquent amounts are fully paid and satisfied. 4. In the event that the Township of Royal Oak fails to meet any of the three- (3) payment obligations, the matter shall come before the Oakland County Board of Commissioners within forty-five (45) days for cure or cancellation. 5. In the event of cancellation and assuming a termination date of July 1, 2002, lost Revenues and associated Expenditures are estimated to be $229,258.32 for FY 2002, $1,015,219.69 for FY 2003, and $1,023,239.10 for FY 2004 (see attachment B). FINANCE COMMITTEE Finance Committee Vote: Motion carried on unanimous roll call vote with Causey-Mitchell absent L Brooks Pa ,- rson, County Executive Date G. William Caddell, County Clerk Resolution #02153 July 18, 2002 Moved by Crawford supported by Webster the resolution be adopted. AYES: Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. I HEREBY dopy, -/-iE FOREGOING 1SC3.UTION 7/z 27o7- ft* 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 July 18, 2002, 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 18th day of July, 2002.