HomeMy WebLinkAboutInterlocal Agreements - 2008.09.04 - 5872OFFICIAL PROCEEDINGS
PONTIAC CITY COUNCIL
A regular meeting of the City Council of Pontiac, Michigan was held in the City Hall,
Thursday, July 10, 2008 at 7:30 p.m. Daylight Savings Time.
ONE HUNDRED SEVENTY SEVENTH SESSION OF THE SEVENTH COUNCIL
Invocation by Pastor Douglas P. Jones
Pledge of Allegiance
Present: President Pro-Tem Hansen
Councilpersons: Bowman, Jones, E. Seay, Shoemaker
Excused: McClellan, M. Seay
M. Seay arrived at 7:55 P.M.
Clerk announced a quorum present
Present: Clarence Phillips-Mayor and Mark Hotz-Director of Law.
Journals of June 26, 2008 and July 3, 2008 were approved.
Special Presentation by Kyle Hayes.
Special Presentation regarding North Oakland Community Health Services.
08-487 Public Hearing was held to convey the property of the Pontiac
Silverdome.
President Pro-Tem opened the public hearing. Comments and
questions were heard from the public and the City Council. President Pro-Tem
declared the Public Hearing closed.
WHEREAS, the City has received offers to purchase the real property
and personal property located thereon related to the municipality’s interest in what is
commonly referred to as the Silverdome, 1200 Featherstone located in the City of
Pontiac; and
WHEREAS, a public hearing must be held before the City’s right, title
or interest, if any, in personal and real property is disposed of pursuant to Section 3.113
of the Home Rule Charter of the City of Pontiac, Michigan.
NOW, THEREFORE, BE IT RESOLVED, that a public hearing on the
disposition of the City’s right, title or interest, if any, in the real property as described
above along with the personal property located thereon was held at the City Council
meeting on Thursday, July 10, 2008, and that notice was given thereof as required by
law.
BE IT FURTHER RESOLVED that the offer to acquire the City’s right,
title or interest, if any, in said personal and real property that is accepted and approved
is described as follows:
• The municipality’s interest in what is commonly referred to as the Silverdome,
1200 Featherstone located in the City of Pontiac shall be conveyed to the Silver
Stallion Development Corporation at a total price of $20,000,000.00 along with
other good and valuable consideration payable upon certain contingencies.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to
execute on behalf of the municipality an Agreement of Purchase or Sale confirming the
terms of the anticipated conveyance(s) and a Warranty Deed(s) with the Silver Stallion
Development Corporation for said real and the personal property located thereon for
and on behalf of the City, and upon final approval of both the Agreement of Purchase
and Sale and Warranty Deed and any additional terms or property restrictions required
by Special Legal Counsel to the City, the Legislative Auditor and the Law Department,
the municipality’s Special Legal Counsel is authorized to close said transaction(s) upon
payment of the aforementioned sum for acquisition of the City’s right, title or interest,
if any, in said personal and real estate.
BE IT FUTHER RESOLVED, the city does not oppose the use of the
Silverdome property for casino gaming or horse track gaming purposes, subject to the
following: 1) Developer shall comply with all applicable city land use and zoning
ordinances and regulations, and 2) Developer shall comply with all applicable federal
and state gaming and horse track laws and regulations.
Moved by Councilperson Jones, supported by Councilperson M. Seay
Ayes: Hansen, Jones, E. Seay, M. Seay
No: Bowman, Shoemaker
Motion carried.
08-488 Eastern District Court of Michigan Summons, Germaine Bomar –vs-
City of Pontiac, Case No. 2:08-cv-12629-JF-MJH, was received and referred to the
Department of Law.
08-489 Report was received from the Mayor requesting a public hearing to
approve the application of General Motors Corporation for an exemption from the
collection of taxes for the new personal property to be installed at 220 E. Columbia,
Pontiac, Michigan on July 24, 2008.
WHEREAS, General Motors Corporation — Pontiac Metal Center has
requested that it be granted an Exemption of New Personal Property pursuant to Public
Act 328 of 1998 (MCLA 211.9f); and
WHEREAS, the Application of General Motors Corporation — Pontiac
Metal Center for Exemption of New Personal Property pursuant to Public Act 328 of
1998 (MCLA 211 9f), as amended, (‘Public Act 328”) pertains to new personal
property including but not limited to one (1) AA IHI Metal Stamping Press and the
necessary supporting equipment consisting of a new servo feed rail system, press
cushions and side plates to be installed 220 E. Columbia pursuant to Public Act 328, as
amended
WHEREAS, a public hearing must be held before an Exemption of New
Personal Property pursuant to Public Act 328 of 1998 (MCLA 211 9f) can be granted.
NOW, THEREFORE, BE IT RESOLVED, that a public hearing relative
to granting an Exemption of New Personal Property pursuant to Public Act 328 of 1998
(MCLA 211.9f) be held at the City Council meeting at 7:00 P.M. on Thursday, July 24,
2008 and that notice be given thereof as required by law.
BE IT FURTHER RESOLVED that the public hearing for the granting
of the Exemption of New Personal Property pursuant to Public Act 328 of 1998
(MCLA 211.9f) pertains to the following described land:
Land situated in the City of Pontiac, County of Oakland, State of
Michigan, to wit.
Moved by Councilperson Shoemaker, supported by Councilperson M.
Seay
Ayes: Bowman, Hansen, Jones, E. Seay, M. Seay, Shoemaker
No: None
Motion carried.
08-490 Report was received from the Mayor requesting City Council
acknowledge former Pontiac Police Officer Kyle Hayes for locating and apprehending
a hit & run driver responsible for the death of a small child on June 24, 2008.
WHEREAS, Mayor Clarence E. Phillips and the Pontiac City Council
wish to acknowledge those citizens who choose to get involved and make a difference
in the City of Pontiac; and
WHEREAS, a small child was struck and killed by a Hit & Run Driver
on Kimball Street on June 24, 2008, and
WHEREAS, former Pontiac Police Officer, Kyle Hayes, became aware
of the driver’s whereabouts; and
WHEREAS, without any regard for his own safety, he took the
necessary measures to apprehend the Hit & Run driver; and
WHEREAS, there are heroes who walk among us never looking for
glory or praise, and they do not seek recognition for their thoughtful, caring ways.
Those individuals living lives of deep commitment, providing for those they hold dear,
remain steadfast with a quiet strength through times of laughter and tears. A person
like that; to us, is a most selfless individual by far. We would like to thank you, Mr.
Hayes, for being a HERO.
NOW, THEREFORE, BE IT RESOLVED that Mayor Clarence E.
Phillips and the Pontiac City Council hereby acknowledge the selfless and heroic acts
of Former Pontiac Police Officer Kyle Hayes and commends Kyle Hayes for his
bravery and persistence in apprehending this suspect.
08-491 Resolution was received regarding a contract for Oakland County
Equalization Division Assistance Services (Personal and Real Property Assessing
Services) for a one (1) year period of the Agreement.
WHEREAS, representatives of the Executive Office and the Finance
Department for the City of Pontiac desire to enter into a Contract for Oakland County
Equalization Division Assistance Services (Personal and Real Property Assessing
Services), the terms of which have been reviewed and approved by the appropriate
representatives of the municipality, and;
WHEREAS, under the scope of services the County will provide
Assessing Services and ongoing support for the City of Pontiac which assessing
services and support Oakland County has provided to the municipality since 1995, and
WHEREAS, the cost for these services will be billed at a rate of $14.90
for each real property description and $13.30 for each personal property description
during the one (1) year term of the Agreement..
NOW, THEREFORE, BE IT RESOLVED that the Pontiac City Council
hereby acknowledges the need for and approves of the professional services described
in the proposed Contract for Oakland County Equalization Division Assistance
Services (Personal and Real Property Assessing Services) between the City of Pontiac
and Oakland County and authorizes the Mayor and the appropriate representatives of
the Executive Branch to execute on behalf of the City the proposed Contract.
Moved by Councilperson Bowman, supported by Councilperson Jones
Ayes: Bowman, Hansen, Jones, M. Seay, Shoemaker
No: None
Motion carried.
Councilperson E. Seay temporarily excused.
08-492 Resolution was received regarding the revised Petition regarding the
Daly Drain reflecting that there are now two (2) municipalities served by the existing
Daly Drain (City of Pontiac and Township of Bloomfield).
WHEREAS, pursuant to Public Act 425 of the Public Acts of 1984, as
amended (MCL 124.21) the Township of Bloomfield and the City of Pontiac both
municipal entities located in the State of Michigan, entered into an Agreement for the
Conditional Transfer of Property situated in the Township; and
WHEREAS, the land in question was conditionally transferred from the
Township to the City and is the site of a mixed use development currently under
construction commonly referred to as Bloomfield Park; and
WHEREAS, pursuant to Chapter 20 of the Drain Code of 1956, as
amended (1956 P.A. 40, MCL 280.461 et. seq., “Chapter 20”) on or about August 25,
1975, the Township petitioned the Drain Commissioner of the County of Oakland for
the location and establishment of an intracounty drain to service certain lands located
within the Township including but not limited to the real property conditionally
transferred to the City; and
WHEREAS, as a result of the conditional transfer of the land located in
the Township to the City it is necessary to revise the previous petition to properly
reflect that there are now two (2) municipal corporations, the Township of Bloomfield
and the City of Pontiac served by the existing Daly Drain; and
WHEREAS, the public corporation signing the revised petition, the City
of Pontiac will be subject to assessments to pay the costs for the design, finance,
construction, operation and maintenance of that portion of the Daly Drain that services
the real property conditionally transferred from the Township to the City; and
WHEREAS, the City of Pontiac desires to submit and sign the revised
petition attached to this Resolution and marked as Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of Pontiac authorizes the Mayor to sign the revised petition attached to this Resolution
and marked as Exhibit “A” and to then submit it to the Drainage Board for the Daly
Drain, County of Oakland, State of Michigan; and
BE IT FURTHER RESOLVED that the City Clerk shall transmit a
certified copy of this resolution and the attached Exhibit “A” consisting of the signed
Revised Petition to the Drainage Board for the Daly Drain, County of Oakland, State of
Michigan.
Moved by Councilperson Bowman, supported by Councilperson
Shoemaker
Ayes: Bowman, Hansen, Jones, E. Seay, M. Seay, Shoemaker
No: None
Motion carried.
08-493 By Councilperson E. Seay, supported by Councilperson Shoemaker,
Resolved, that the rules be suspended to allow the following Resolution to be read by
Title Only.
Ayes: Bowman, Hansen, Jones, E. Seay, Shoemaker
No: M. Seay
Motion carried.
08-494 Resolution was received regarding the request from the Developers of
the Bloomfield Park project in regards to an MBT Brownfield Credit from the State of
Michigan.
WHEREAS, the Bloomfield Park Project Development and
Reimbursement Agreement between the City of Pontiac, the City of Pontiac Brownfield
Redevelopment Authority and, by assignment, Coventry II DDR Harbor Bloomfield
Phase 1 LLC and Coventry II DDR Harbor Bloomfield Phase 2 LLC in Section 6.6 (a)
regarding “Limitation on Capture of Taxes” provides as follows: “There shall be no
capture of income taxes or personal property taxes. In addition, Developer shall not be
entitled to claim the benefit of other State/local tax incentives without the City’s prior
written approval. Provided however, the parties agree to reasonably cooperate, if
requested by Developer at a later date, to obtain additional State and/or federal financial
assistance, including but not limited to, obtaining State of Michigan Single Business
Tax Credits for the Project.”; and
WHEREAS, the Developer desires to request an MBT Brownfield
Credit for the Project; and
WHEREAS, recognizing that such request will not adversely affect
current or future tax revenues of the City of Pontiac; and
WHEREAS, the Developer is requesting that the Mayor on behalf of the
City sign correspondence confirming that the municipality approves and consents to the
Developer requesting the MBT Brownfield Credit for the Project from the State of
Michigan and its agencies.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor on
behalf of the City is authorized to sign correspondence confirming that the municipality
approves and consents to the Developer requesting the MBT Brownfield Credit for the
Project from the State of Michigan and its agencies; and
BE IT FURTHER RESOLVED, that the Mayor shall not sign and
deliver correspondence confirming that the City approves and consents to the
Developer requesting the MBT Brownfield Credit for the Project from the State of
Michigan and its agencies until such time as the City of Pontiac Brownfield
Redevelopment Authority approves of the request from the Developer and adopts a
Resolution confirming that action.
Moved by Councilperson M. Seay, supported by Councilperson
Shoemaker
Ayes: Bowman, Hansen, Jones, E. Seay, M. Seay, Shoemaker
No: None
Motion carried.
08-495 By Councilperson Shoemaker, supported by Councilperson Bowman,
Resolved, that the rules be suspended to allow the following Resolutions (Item #6-9) to
be read by Title Only.
Ayes: Bowman, Hansen, Jones, E. Seay, Shoemaker
No: M. Seay
Motion carried.
08-496 Report was received from the Mayor recommending awarding Janitorial
Contract #1 to Giant Janitorial Services, Inc. Contract #1 is a one-year contract with a
one-year extension option for janitorial services at City Hall.
WHEREAS, The City of Pontiac advertised to accept bids for various
janitorial services on June 9, 2008 and
WHEREAS, Four bidders submitted bids to selected contracts; and
WHEREAS, Giant Janitorial Services, Inc. submitted the lowest
acceptable bid in the amount of $3,900.00 per month for one year with a one year
extension option for (Contract #1 City Hall), inclusive of labor, supplies, equipment,
and overhead for specified services; and
WHEREAS, Fund 101-165 has budgeted for contract #1 in FY08-09;
and
WHEREAS, Giant Janitorial Services, Inc has performed janitorial
services in a satisfactory manner for Pontiac in the past;
NOW, THEREFORE, BE IT RESOLVED, that the Pontiac City Council
authorizes the Mayor to enter into a contract with Giant Janitorial Services, Inc. for
Contract #1 City Hall for one year beginning July 1, 2008 with one year extension
option subject to Council appropriating the mayor requested adequate funding in the
08-09 and 09-10 budget years.
Moved by Councilperson E. Seay, supported by Councilperson Jones
Ayes: Bowman, Hansen, Jones, E. Seay, M. Seay, Shoemaker
No: None
Motion carried.
08-497 Report was received from the Mayor recommending awarding Janitorial
Contract #2 to Giant Janitorial Services, Inc. Contract #2 is a one-year contract with a
one-year extension option for janitorial services at the Library Building.
WHEREAS, The City of Pontiac advertised to accept bids for various
janitorial services on June 9, 2008 and
WHEREAS, Four bidders submitted bids to selected contracts; and
WHEREAS, Giant Janitorial Services, Inc. submitted the lowest
acceptable bid in the amount of $1,700.00 per month for one year with a one year
extension option for (Contract #2 Library), inclusive of labor, supplies, equipment, and
overhead for specified services; and
WHEREAS, The Library Fund has budgeted for contract #2 in FY08-09;
and
WHEREAS, Giant Janitorial Services, Inc. has performed janitorial
services in a satisfactory manner for Pontiac in the past;
NOW, THEREFORE, BE IF RESOLVED, that the Pontiac City Council
authorizes the Mayor to enter into a contract with Giant Janitorial Services, Inc. for
(Contract #2 Library) for one year beginning July 1, 2008 with one year extension
option subject to Council appropriating the mayor requested adequate Library finding
in the 08-09 and 09-10 budget years.
Moved by Councilperson Jones, supported by Councilperson Shoemaker
Ayes: Bowman, Hansen, Jones, E. Seay, Shoemaker
No: M. Seay
Motion carried.
08-498 Report was received from the Mayor recommending awarding Janitorial
Contract #3 to Giant Janitorial Services, Inc. Contract #3 is a one-year contract with a
one-year extension option for janitorial services at the Police Department.
WHEREAS, The City of Pontiac advertised to accept bids for various
janitorial services on June 9, 2008 and
WHEREAS, Four bidders submitted bids to selected contracts; and
WHEREAS, Giant Janitorial Services, Inc. submitted the lowest
acceptable bid in the amount of $5,200 per month for one year with a one year
extension option for (Contract #3 Police), inclusive of labor, supplies, equipment, and
overhead for specified services; and
WHEREAS, Fund 101-165 has budgeted for contract #3 in FY08-09;
and
WHEREAS, Giant Janitorial Services, Inc has performed janitorial
services in a satisfactory manner for Pontiac in the past;
NOW, THEREFORE, BE IT RESOLVED, that the Pontiac City Council
authorizes the Mayor to enter into a contract with Giant Janitorial Services, Inc. for
Contract #3 Police for one year beginning July 1, 2008 with one year extension option
subject to Council appropriating the mayor requested adequate finding in the 08-09 and
09-10 budget years.
Moved by Councilperson Bowman, supported by Councilperson Jones
Ayes: Bowman, Hansen, Jones, E. Seay, M. Seay, Shoemaker
No: None
Motion carried.
08-499 Report was received from the Mayor recommending awarding Janitorial
Contract #5 to Giant Janitorial Services, Inc. Contract #5 is a one-year contract with a
one-year extension option for janitorial services at the DPW Building.
WHEREAS, The City of Pontiac advertised to accept bids for various
janitorial services on June 9, 2008 and
WHEREAS, Four bidders submitted bids to selected contracts; and
WHEREAS, Giant Janitorial Services, Inc. submitted the lowest
acceptable bid in the amount of $2,200 per month for one year with a one year
extension option for (Contract #5 DPW), inclusive of labor, supplies, equipment, and
overhead for specified services; and
WHEREAS, Fund 101-165 has budgeted for contract #5 in FY08-09;
and
WHEREAS, Giant Janitorial Services, Inc. has performed janitorial
services in a satisfactory manner for Pontiac in the past;
NOW, THEREFORE, BE IT RESOLVED, that the Pontiac City Council
authorizes the Mayor to enter into a contract with Giant Janitorial Services, Inc. for
Contract #5 DPW for one year beginning July 1, 2008 with one year extension option
subject to Council appropriating the mayor requested adequate funding in the 08-09 and
09-10 budget years.
Moved by Councilperson Shoemaker, supported by Councilperson E.
Seay
Ayes: Bowman, Hansen, Jones, E. Seay, M. Seay, Shoemaker
No: None
Motion carried.
08-500 Report was received from the Mayor recommending award of
“Demolition of Vacant/Abandoned Houses” contracts to Ferguson Enterprises.
WHEREAS, The City of Pontiac received and publicly opened bids for
city wide “Demolition of Vacant/Abandoned Houses” on Thursday, June 12, 2008; and,
WHEREAS, a total of two (2) bids were received for the project in the
amounts as follows:
1. Ferguson Enterprises Total Contract $ 378,000 00
2. North American
Dismantling Total Contract $631,000.00; and,
WHEREAS, Funding for the project is identified in the City’s FY ‘08 -
‘09 CDBG budget for this work; and,
WHEREAS, The Department of Public Works and Utilities has
reviewed and verified qualifications and references for all three bidders from a
performance standpoint and all three bidders are qualified for the work; and,
WHEREAS, The bid-tabulation and further verification/analysis of bids
revealed the City would have the best value if the contract work was assigned between
both bidders based on awarding Cities of Promise Target Areas 1 and 2 to Ferguson
Enterprises; and,
WHEREAS, it is the Mayor’s recommendation that a contract for
“Demolition of Vacant/Abandoned Houses” be awarded to Ferguson Enterprises based
work in Cities of Promise Target Areas 1 and 2.
NOW, THEREFORE, BE IT RESOLVED, that the Pontiac City Council
hereby authorizes Mayor Clarence E Phillips to award a contract for “Demolition of
Vacant/Abandoned Houses” to Ferguson Enterprises, assigning Cities of Promise
Target Areas 1 and 2 demolition work to them.
Moved by Councilperson E. Seay, supported by Councilperson Jones
Ayes: Bowman, Hansen, Jones, E. Seay, M. Seay, Shoemaker
No: None
Motion carried.
08-501 Report was received from the Mayor recommending approval of
intergovernmental agreement between the Charter Township of Waterford and the City
of Pontiac for the operation and maintenance of a metered interconnection for the
provision of water service in the event of an emergency.
WHEREAS, the City operates and maintains a public water pumping
and distribution system for the means of providing the community a source of safe
water supply, and;
WHEREAS, the City of Detroit, Water and Sewerage Department
provides the City of Pontiac public water for distribution within the City, and;
WHEREAS, the City maintains a community well system as a primary
back up, in the event of power and/ or major pressure loss from the DWSD system,
and;
WHEREAS, the City of Pontiac and the Charter Township of Waterford,
desire to improve redundancy and reliability within each of their water supply systems,
via an interconnection for emergency purposes, and;
WHEREAS, a contract is needed which outlines the ownership,
operation and maintenance, and billing of water use within the interconnection for
emergency purposes, and;
NOW, THEREFORE BE IT RESOLVED, that the Pontiac City Council
approves the intergovernmental agreement between the Charter Township of Waterford
and the City, and further authorize the Mayor and City Clerk to sign this contract
agreement on behalf of the City.
Moved by Councilperson Jones, supported by Councilperson M. Seay
Ayes: Hansen, Jones, E. Seay, M. Seay, Shoemaker
No: None
Motion carried.
Councilperson Bowman was temporarily excused.
08-502 Report was received from the Mayor to approve the expenditure of
$1,469,505.00 for replacing and/or extending approximately 9,100 linear feet of water
main, along with fire hydrants, pipe fittings, gate valves and water service lines to be
performed by Bricco Excavating.
WHEREAS, in July 2008, the FY 08/09 budget became effective,
including appropriated funds for the repair; replacement, extension, maintenance,
construction and improvements to the City’s water distribution infrastructure; and
WHEREAS, large portions of the water distribution system were built
many years ago, some water mains being over one hundred years old; and
WHEREAS, nine (9) sealed bids were received from qualified bidders
and opened on Match 4, 2008 to perform the 2008 Water Distribution System
Improvement Program; and
WHEREAS, over these one hundred years, the standard size of water
mains has been increased to accommodate the present day demand for water; as well as
to provide improved fire protection; and
WHEREAS, the Department of Public Works and Utilities and the
Pontiac Fire Department have together recognized the desirability of upgrading the
size, and extending certain water mains, valves and hydrants; and
WHEREAS, the Michigan Department of Environmental Quality
oversees the operation of all Public Water Supplies in the State of Michigan, and has
reviewed and approved Pontiac’s plan to replace and extend selected water mains, to
assure conformance with all regulations; and
WHEREAS, to comply with the plans approved by the Michigan
Department of Environmental Quality, the City of Pontiac has advertised for contract
work, taken bids, and selected the low bidder, Bricco Excavating, to replace or extend
approximately 9,100 linear feet of water mains, along with valves, hydrants and water
service lines; and
NOW, THEREFORE l IT RESOLVED, that the Pontiac City Council
approves the expenditure of $1,469,505 .00 for the 2008 WATER DISTRIBUTION
SYSTEM IMPROVEMENT PROGRAM to be performed by Bricco Excavating Co,
LLC of 2l20l Meyers Road, Oak Park, Michigan.
Moved by Councilperson E. Seay, supported by Councilperson Bowman
Ayes: Bowman, Hansen, Jones, E. Seay, M. Seay, Shoemaker
No: None
Motion carried.
08-503 By Councilperson Shoemaker, supported by Councilperson Bowman,
Resolved, that the rules be suspended to allow the following Resolution to be read by
Title Only.
Ayes: Bowman, Hansen, Jones, E. Seay, M. Seay, Shoemaker
No: None
Motion carried.
08-504 Report was received from the Mayor regarding approval of the
reimbursement of $23,628.15 from Oakland County, Pursuant to the Oakland County
Board of Commission miscellaneous resolution for West Nile Virus Fund Program.
WHEREAS, upon the recommendation of the Oakland County
Executive, the Oakland County Board of Commissioners has established a West Nile
Virus Fund Program to assist Oakland County cities, villages and townships in
addressing mosquito control activities; and
WHEREAS, Oakland County’s West Nile Virus Fund Program
authorizes Oakland County cities, villages, and townships to apply for reimbursement
of eligible expenses incurred in connection with personal mosquito protection
measures/activity, mosquito habitat eradication, mosquito larviciding or focused adult
mosquito insecticide spraying in designated community green areas; and
WHEREAS, the City if Pontiac, Oakland County, Michigan has incurred
expenses in connection with mosquito control activities believed to be eligible for
reimbursement under Oakland County’s West Nile Virus Program.
NOW, THEREFORE BE IT RESOLVED, that this Pontiac City Council
authorizes and directs its Public Utilities Administrator, as agent for the City of Pontiac,
in the manner and to the extent provided through the Oakland County Board of
Commissioners annual budget, to request reimbursement of eligible mosquito control
activity under Oakland County’s West Nile Virus Fund Program.
Moved by Councilperson Bowman, supported by Councilperson
Shoemaker
Ayes: Bowman, Hansen, Jones, E. Seay, M. Seay, Shoemaker
No: None
Motion carried.
08-505 Report was received from the Mayor to permit the Pontiac Hospital
Finance Authority to sell or convey part or all of the hospital facilities or site under its
jurisdiction and to enter into an Asset Purchase Agreement and Agreement Regarding
Sales Proceeds with the Oakland Physicians Medical Center.
WHEREAS, the Pontiac Hospital Finance Authority has received offers
to purchase its ownership interest(s) in certain buildings and improvements, equipment,
furnishings, fixtures, goodwill, trade accounts and other assets utilized by the North
Oakland Medical Center and the Waterford Ambulatory Care Center located in the City
of Pontiac and Waterford Township; and
WHEREAS, pursuant to the Articles of Incorporation of the Pontiac
Hospital Finance Authority, Article VI, entitled Powers & Duties of Authority and its
Officers, Section 8, the Authority shall not sell or convey part or all of the hospital
facilities (as that term is defined in the Hospital Finance Authority Act) or site without
the prior approval by resolution of a majority of the members of the City Council for
the City of Pontiac; and
WHEREAS, the Oakland Physicians Medical Center, LLC seeks to
acquire all of the hospital facilities or site under the jurisdiction of the Pontiac Hospital
Finance Authority and to enter into an Asset Purchase Agreement and Agreement
Regarding Sales Proceeds with the Authority related to what is known as the North
Oakland Medical Center and the Waterford Ambulatory Care Center located in the City
of Pontiac and Waterford Township.
NOW, THEREFORE, BE IT RESOLVED, that the Pontiac Hospital
Finance Authority is permitted to sell or convey part or all of the hospital facilities or
site under its jurisdiction and to enter into an Asset Purchase Agreement and
Agreement Regarding Sales Proceeds with the Oakland Physicians Medical Center,
LLC related to what is known as the North Oakland Medical Center and the Waterford
Ambulatory Care Center located in the City of Pontiac and Waterford Township; and
BE IT FURTHER RESOLVED, that the Chairman of the Authority is
authorized to execute on behalf of that entity the Asset Purchase Agreement and
Agreement Regarding Sales Proceeds.
Moved by Councilperson M. Seay, supported by Councilperson
Bowman
Ayes: Bowman, Hansen, E. Seay, Shoemaker
No: Jones, M. Seay
Motion carried.
08-506 By Councilperson Bowman, supported by Councilperson Jones,
Resolved, that the rules be suspended to allow the following Resolution to be read by
Title Only.
Ayes: Bowman, Hansen, Jones, M. Seay
No: None
Motion carried.
Councilperson E. Seay and Shoemaker, excused at 1:45 a.m.
08-507 Report was received from the Mayor confirming amount of Cemetery
Endowment funds.
WHEREAS, the Home Rule Charter of Pontiac, Michigan provides in
Article V captioned Financial Procedures, Chapter 3 entitled Accounting Controls and
Audits, Section 5.304 captioned Establishing Funds, that the revenues received for
general taxation upon all property in the City, from borrowing to be repaid by such
taxation, or from other sources shall be divided into such funds as the City may by
ordinance or resolution determine. [Emphasis Added]; and
WHEREAS, the Municipal Code of Pontiac, Michigan in Chapter 34
entitled Cemeteries, provides in pertinent part that Cemeteries means and includes any
cemetery owned and/or maintained by the city for the purpose of receiving the remains
of deceased humans (Sec. 34-1) and that the care, maintenance and operation of the
municipal cemeteries shall be under the supervision and control of the Mayor (Sec. 34-
3) and that the Mayor shall appoint a superintendent who shall be the division head
(Sec. 34-4) and the division shall keep full and detailed accounts of the receipts of
expenditures on account of the cemeteries (Sec. 34-10); and
WHEREAS, Section 34-11 of the Municipal Code captioned Perpetual
Care Fund in Subsection (a) specifies, “A perpetual care fund shall be established from
the sale of grave spaces and foundations for memorials…”; and
WHEREAS, the Annual Financial Report for the Year Ended June 30,
2007 for the City of Pontiac, Michigan as prepared by Alan C. Young & Associates, P.
C., Certified Public Accountants and Consultants, in the Section entitled Governmental
Funds Balance Sheet, June 30, 2007, in the Subsection captioned Fund Balances, in the
line item captioned Endowment the balance in that account is confirmed to be
$991,960.00; and
WHEREAS, at the budget review sessions for the Fiscal Year 2008/2009
Appropriations Ordinance and in particular as discussed during the presentation by Carl
Johnson of Plante Moran, members of the City Council requested submission of for its
consideration a Resolution Confirming the Existence of the Perpetual Care Fund
(Endowment Fund) for City Cemeteries and Acknowledging the Balance in that Fund.
NOW, THEREFORE, BE IT RESOLVED, that Section 34-11 of the
Municipal Code captioned Perpetual Care Fund in Subsection (a) specifies, “A
perpetual care hind shall be established from the sale of grave spaces and foundations
for memorials ...”; and
BE IT FURTHER RESOLVED, that the Annual Financial Report for the
Year Ended June 30, 2007 for the City of Pontiac, Michigan as prepared by Alan C.
Young & Associates, P.C., Certified Public Accountants and Consultants, in the
Section entitled Governmental Funds Balance Sheet, June 30, 2007, in the Subsection
captioned Fund Balances, in the line item captioned Endowment, the balance in that
account is confirmed to be $991,960.00; and
BE IT FURTHER RESOLVED, that by adoption of this Resolution the
City Council in reliance on the above-described Sections of the City Charter and Code
and the Annual Financial Report for the Year Ended June 30, 2007 for the City of
Pontiac, Michigan as prepared by Alan C. Young & Associates, P.C., Certified Public
Accountants and Consultants confirms the existence of the Perpetual Care Fund
(Endowment Fund) for City Cemeteries and acknowledges that the balance in that Fund
as of June 30, 2007 was $991,960.00.
Moved by Councilperson Bowman, supported by Councilperson Jones
Ayes: Bowman, Hansen, Jones, M. Seay
No: None
Motion carried.
Councilperson E. Seay and Shoemaker, excused at 1:45 A.M.
Moved by Councilperson Bowman, supported by Councilperson Jones,
Resolved, that the meeting be adjourned.
Meeting adjourned at 1:55 A.M.
__________________________
YVETTE TALLEY, CMC
CITY CLERK