HomeMy WebLinkAboutMinutes - 1992.02.13 - 7148OAKLAND COUNTY
Board Of Commissioners
MEETING
February 13, 1992
Meeting called to order at 9:50 A.M. by Chairperson Larry Crake in the Courthouse
Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
Krause, Law, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge,
Pernick, Price, Schmid, Serra, Skarritt, Wolf. (26)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner Marilynn E. Gosling.
Pledge of Allegiance to the Flag.
Moved by Pappageorge supported by Pernick the minutes of the January 2, 1992 meeting be
approved as printed.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Pappageorge supported by Olsen the rules be suspended and the agenda amended for
the following:
Under #13 - New and Miscellaneous Business add: Board of Commissioners - Appointment to
Fill Vacancy in County Commissioner District #16. (Rules X.B., and XI - Matter deferred from
previous Board Meeting, and not referred to General Government)
AYES: Palmer, Pappageorge, Schmid, Skarritt, Wolf, Bishop, Caddell, Crake, Gosling_
Huntoon, Jensen, Johnson, Law, McConnell, McCulloch, Millard, Moffitt, Olsen. (18)
NAYS: Pernick, Price, Serra, Aaron, Ferrens, Krause, McPherson, Oaks. (8)
A sufficient majority having voted therefor, the motion to suspend the rules carried, and
the agenda, as amended, was approved.
Moved by Pernick supported by Serra the rules be suspended for immediate consideration of
Item "A" under Public Services (Board of Commissioners - Approval of "A" comprehensive Plan for
Community Corrections)
Discussion followed. Mr. Aaron requested Dan Smith of the Probation Department address
the Board. Mr. Smith answered questions regarding the grant.
The Chairperson stated a "yes" vote will suspend the rules.
AYES: Pernick, Price, Serra, Aaron, Ferrens, McPherson, Oaks. (7)
NAYS: Pappageorge, Schmid, Skarritt, Wolf, Bishop, Caddell, Crake, Gosling, Huntoon,
Jensen, Johnson, Krause, Law, McConnell, McCulloch, Millard, Moffitt, Olsen, Palmer. (19)
A sufficient majority not having voted therefor, the motion to suspend the rules failed.
In honor of Black History Month, Joan Newby, Daniel T. Murphy, Hubert Price and Lawrence
R. Pernick made presentations to the following persons:
Captain Henry C. Wallace of the Oakland County Sheriff's Department. (the first black
officer of the Oakland County Sheriff's Department)
Captain James L. Edwards, Sr., Pilot with United Airlines. (the first black pilot with a
major airlines)
James L. Edwards, Jr., Pilot with American Eagle Airlines (son of James L. Edwards, Sr.)
9
10
Commissioners Minutes Continued. e February 13, 1992
Daniel T. Murphy presented a representative of Kennedy-Whittier School with a certificate.
The Chairperson declared a recess.
The Board reconvened at 10:47 A.M.
Roll called.
PRESENT: Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
Krause, Law, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge,
Pernick, Price, Schmid, Serra, Skarritt, Wolf. (26)
ABSENT: None. (0)
Quorum present.
Clerk read letter of thanks from Teresa Krause.
Clerk read letter from Gloria Partridge regarding SMART service. He stated copies of
several other letters were received by Commissioner Serra and they had been given to all
Commissioners.
Clerk read letter from Michigan Association of Counties regarding SB 662. (Referred to
General Government Committee.)
Clerk read letter from Chairperson Larry P. Crake requesting confirmation of the following
individuals to serve on the Oakland County historical Commission:
Dorothy Scott Term ending 1/1/95
Jennifer Radcliff Term ending 1/1/95
Elsie A. August Term ending 1/1/95
Paul Stupka Term ending 1/1/94
Jean Milton Term ending 1/1/94
A sufficient majority having voted therefor, the appointments were confirmed.
The following persons addressed the Board:
Gerald Poisson, Marilynne Burton-Ristau, Dan Smith, Ruel McPherson, Dennis Aaron, Rudy
Serra.
Misc. 92004
By Finance Committee
IN RE: DEPARTMENT OF COMPUTER SERVICES - OFFICE AUTOMATION REQUESTS FOR PRINT SHOP AND CULTURAL
AFFAIRS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Computer Services is recommending an automated work order tracking system for
Print Shop and an upgrade of the desktop publishing system for Cultural Affairs; and
WHEREAS the initial cost for the Print Shop system is $8,161 for hardware, software,
development, and training (development and training to be provided by Computer Services staff); and
WHEREAS the annual operating cost is $3,268 for the Print Shop, fully offset by estimated
overtime savings of $4,000 for the first year and $7,000 for each subsequent year; and
WHEREAS the cost of the Print Shop system and estimated overtime savings have been
included in the 1992/1993 Biennial Budget, and an amendment is required to transfer the capital
acquisition costs of $5,473 from the Print Shop Fund to the Computer Services Fund and to realign
certain Print Shop line items; and
WHEREAS the initial cost to upgrade the personal computer in Cultural Affairs is $3,600
offset by $2,200 (cost of old personal computer) for net additional capital requirements of $1,400
plus $560 for installation (provided by Computer Services' staff, requiring no additional funding;
and
WHEREAS there is no change in the Computer Services Operations charge to Cultural Affairs
with this upgrade, and an appropriation is requested in office supplies ($1,200 for 1992 and $500
for 1993) to purchase additional print styles as needed for newsletter typesetting; and
WHEREAS the increased costs are more than offset by reducing outside typesetting costs
($2,640 in 1992 and $7,260 in 1993); and
WHEREAS the requests have been approved by the Computer Users Advisory Committee (CUAC).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
amendments to the 1992/1993 Biennial Budget as follows to transfer funds for Print Shop and Cultural
Affairs office automation:
G7 -eral Fund (10100) 1992 1993
renditures
114-01-00-3582 Printing - Public Information $( 640) $(l,280)
511-01-00-6672 Printing - Board of Commissioners (2,000) $(6,000)
118-01-00-4898 Office Supplies - Cultural Affairs 1,200 500
118-01-00-8615 Transfpr to Computer Services 1,400 0
909-01-00-9900 Contingency 40 6,780
Total 5 -0- $ -0-
Commissioners Minutes Continued. February 13, 1992 11
Print Shop Fund (66700)
Revenue
138-30-00-2407 Printing
138-30-00-3964 Cost of Sales
Expenditures
138-30-00-8615 Transfer to Computer Services
138-30-00-6360 Computer Services Operations
138-30-00-6361 Computer Services Development
Computer Services Fund (63600)
Revenue
181-01-00-2355 Non-Governmental Operations
181-01-00-8101 Transfer from General Fund
181-01-00-8681 Transfer from Print Shop Fund
Expenditures
184-01-00-3304 Depreciation
184-01-00-3342 Maintenance
184-01-00-4905 Parts and Accessories
Revenues Over (Under) Expenditures
1992 1993
$(2,000) $(6,000)
2,000 6,000
Subtotal $ -0- $ -0-rn
$ 0
( 719) 0
2,560 0
Subtotal $ -0- $ -0-
Total $ -0- $ -0-
$ 2,740 $ 3,288
1,400 0
- 5,473 0
Subtotal $ 9,613 $ 3,288
$ 1,146 $ 1,375
1,146 1,375
448 538
Subtotal $ 2,740 $ 3,288
$ 6_873 $ -0-
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Law the resolution be adopted.
AYES: Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake,
Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell, McCulloch, McPherson, Millard,
Moffitt, Oaks, Olsen, Palmer, Pappageorge. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Report (Misc. 91295)
By General Government Committee
IN RE: OAKLAND COUNTY ADOPT-A-ROAD PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution, reports
with the recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of
the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Misc. 91295
By Commissioner David L. Moffitt
IN RE: OAKLAND COUNTY ADOPT-A-ROAD PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS continued enhancement of Oakland County as a leading business and residential
mecca depends upon maintaining a sound surface roadway infrastructure; and
WHEREAS the inadequacy of presently available funding to support the activities of the
Road Commission for Oakland County is well known; and
WHEREAS in the absence of additional federal monies, fairer apportionment of Oakland
County's share of state gas and use tax revenues, an increase in the state gasoline tax, or other
initiatives, all requiring varying degrees of legislative approval, "something must be done"; and
WHEREAS the Michigan Department of Transportation has initiated a highly successful
program of inviting volunteer organizations to sponsor or "adopt" small stretches of road, with
visibly beneficial results; and
WHEREAS no southeastern Michigan county has presently adopted a similar program for county
roads.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the concept of an "Oakland County Adopt-A-Road Program."
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners commends this
concept to the Oakland County Road Commission, and urges it to initiate such a program and to
solicit the participation of local governments, businesses, service organizations, and individual
members of the public.
12
Commissioners Minutes Continued. February 13, 1992
BE IT FURTHER SOLVED that the Oakland County Board of Commissioners conditionally
appropriates, dependent upon the Oakland County Road Commission appropriating a matching sum, a
one-time sum not to exceed $25,000 for start-up/seed money in support of such a program in Oakland
County.
BE IT FURTHER RESOLVED that upon adoption a copy of this resolution be forwarded to the
Michigan Association of Counties, the Oakland County Road Commission, and to all units of local
government in the County.
Mr. Chairperson, I move the adoption of the foregoing resolution.
David L. Moffitt, Commissioner District #15
Lawrence R. Pernick, John E. Olsen, Kay Schmid,
Thomas A. Law, Donald W. Jensen, Donn L. Wolf,
Marilynn E. Gosling, Dennis M. Aaron, Roy Rewold,
J.P. McCulloch, Richard G. Skarritt, D. R. Huntoon
Charles Palmer, Rudoph A. Serra, Teresa Krause,
• Ruel E. McPherson, Lillian Jaffe Oaks,
Hubert Price, James Ferrens, Nancy McConnell,
G. William Caddell
Fiscal Note (Misc. 91295)
By Finance Committee
IN RE: OAKLAND COUNTY ADOPT-A-ROAD PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #91295 and finds that funds are not available for the program at this time.
The Finance Committee also recommends amending the resolution by deleting the following:
"BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
conditionally appropriates, dependent upon the Oakland County Road Commissions
appropriating a matching sum, a one-time sum not to exceed $25,000 for
start-up/seed money in support of such a program."
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Ferrens the General Government Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Caddell supported by Olsen the Fiscal Note be accepted.
A sufficient majority having voted therefor, the Fiscal Note was accepted.
Moved by Caddell supported by Ferrens the resolution be adopted.
Moved by Caddell supported by Hontoon the resolution be amended as recommended in the
Fiscal Note (Delete BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
conditionally appropriates, dependent upon the Oakland County Road Commission appropriating a
matching sum, a one-time sum not to exceed $25,000 for start -up/seed money in support of such a
program.")
Discussion followed.
Vote on amendment:
AYES: Schmid, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, McConnell,
McCulloch, Millard, Olsen, Palmer, Pappageorge. (14)
NAYS: Price, Serra, Skarritt, Wolf, Aaron, Ferrens, Krause, Law, McPherson, Moffitt,
Oaks, Pernick. (12)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Schmid, Serra, Skarritt, Wolf, Aaron, Caddell, Crake, Ferrens, Gosling, Huntoon,
Jensen, Johnson, Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer,
Pappageorge, Pernick, Price. (24)
NAYS: Bishop. (1)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Misc. 92001
By Commissioner Go William Caddell
RE: LEGAL FEES FOR THE OAKLAND COUNTY REAPPORTIONMENT COMMISSION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Reapportionment Commission is required by P.A. 261 of the Public Acts of 1966,
as amended, to reapportion the County Commissioner districts after the 1990 Federal Decennial
Commissioners Minutes Continued. February 13, 1992 13
Census; and
WHEREAS a Motion for Rehearing and Immediate Consideration has been filed with the
Michigan Court of Appeals for reconsideration of the Reapportionment Plan; and
WHEREAS the Chairman of the Reapportionment Commission requests the necessary funds to
retain the firm of Foster, Swift, Collins & Smith, P.C., to continue to represent the
Reapportionment Commission in this and possible future litigations; and
WHEREAS the Chairman of the Reapportionment Commission also requests that an amount of
$15,000 be appropriated for the legal costs incurred relative to the motion before the Michigan
Court of Appeals, and subsequent legal costs, if necessary, to adjudicate the dispute over the
Reapportionment Plan, and further that all legal costs incurred shall be approved by the County
Corporation Counsel; and
WHEREAS funding is available in the 1992 General Fund Contingency Account.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
County Corporation Counsel to retain the firm of Foster, Swift, Collins & Smith, P.C., to represent
the Reapportionment Commission in the present lawsuit, and any subsequent legal challenges, if
necessary, relative to the Reapportionment Plan.
BE IT FURTHER RESOLVED that an amount not to exceed $15,000 be appropriated to pay for
legal services rendered under the current lawsuit, and under subsequent legal challenges, if
necessary, to properly adjudicate the dispute over the Reapportionment Plan.
BE IT FURTHER RESOLVED that $15,000 be transferred from the 1992 Contingency Account to
the District Reapportionment Account to cover legal costs incurred by the Reapportionment Commission
and that the 1992 Budget be amended as follows:
4-10100-909-01-00-9900 Contingency ($15,000)
4-10100-907-01-00-3638 District Reapportionment 15,000
-0-
Mr. Chairperson, I move the adoption of the foregoing resolution.
G. William Caddell, Commissioner District #25
Fiscal Note (Misc. 92001)
By Finance Committee
IN RE: LEGAL FEES FOR THE OAKLAND COUNTY REAPPORTIONMENT COMMISSION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #92001 and finds:
1. The resolution requests authorization to continue to retain the firm of Foster, Swift,
Collins, and Smith, PC in the representation of the Reapportionment Commission in the present
lawsuit and any subsequent legal challenges, if necessary, relative to the Reapportionment Plan.
2. The resolution further requests that an amount not to exceed $15,000 be appropriated to
pay for legal services rendered under the current, and under subsequent legal challenges, if
necessary, to properly adjudicate the dispute over the Reapportionment Plan.
3. The amount of $15,000 be transferred from the 1992 Contingency Account to the District
Reapportioment Account to cover legal costs incurred by the Reapportionment Commission.
4. The 1992 Budget be amended as follows:
4-10100-
909-01-00-9900 Contingency $(15,000)
907-01-00-3638 District Reapportionment $ 15,000
$ -0-
In addition, the Finance Committee recommends that the parties try to resolve the issue as
expeditiously as possible.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Pappageorge, the Fiscal Note be accepted.
A sufficient majority having voted therefor, the Fiscal Note was accepted.
Moved by Caddell supported by Pappageorge the resolution be aoopteci.
Discussion followed.
Moved by Price supported by Pernick the resolution be amended in both "BE IT FURTHER
RESOLVED" paragraphs by deleting $15,000 and inserting $5,000.
AYES: Serra, Aaron, Ferrens, Krause, McPherson, Oaks, Pernick, Price. (8)
NAYS: Skarritt, Wolf, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Law,
McConnell, McCulloch, Millard, Moffitt, Olsen, Palmer, Pappageorge, Schmid. (18)
A sufficient majority not having voted therefor, the amendment failed.
AYES: Skarritt, Wolf, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Law,
McConnell, McCulloch, Millard, Moffitt, Olsen, Palmer, Pappageorge, Schmid. (18)
NAYS: Aaron, Ferrens, Krause, McPherson, Oaks, Pernick, Price, Serra. (8)
A sufficient majority having voted therefor, the resolution was adopted.
14
Commissioners Minutes Continued. February 13, 1992
MisC. 92005
By Finance Committee
IN RE: SHERIFF'S DEPARTMENT - REQUEST FOR APPROVAL OF ADDITIONAL VEHICLE - JAIL COMMISSARY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners adopted Miscellaneous Resolution #7393 entitled "County
Policy on Assignment of County Vehicles" in 1976; and
WHEREAS Miscellaneous Resolution #91128 amended Section G of this policy to require that
requests for additional vehicles (other than replacements previously approved by the Board) be
submitted to the Finance Committee for approval in specific resolution form after affirmative
recommendation of the County Executive; and
WHEREAS the policy further states the Finance Committee shall include an appropriation in
the resolution sufficient to cover the acquisition cost plus monthly lease charges for the balance
of the current year; and
WHEREAS the Sheriff's Department is requesting the addition of one (1) leased vehicle
(van) for the Jail Commissary Unit to be utilized for the transport of Commissary items to the
various jail satellite locations; and
WHEREAS the County Executive has recommended the addition of this vehicle; and
WHEREAS appropriation for the acquisition and lease costs of the vehicle is included in
the Jail Commissary Fund's 1992 Budget and will be funded entirely from Jail Commissary operations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
addition of one (1) leased vehicle for the Jail Commissary Unit of the Sheriff's Department.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Jensen the resolution be adopted.
AYES: Wolf, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause,
Law, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price,
Schmid, Serra, Skarritt. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 92006
By Finance Committee
IN RE: DEPARTMENT OF PUBLIC WORKS/WATER AND SEWAGE OPERATIONS DIVISION PUMP MAINTENANCE UNIT -
ADDITION OF VEHICLE TO FLEET
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #7393 of December 8, 1975 the Oakland County
Board of Commissioners adopted a "County policy on the assignment of County vehicles" as amended per
Miscellaneous Resolution #91128; and
WHEREAS the policy for additional vehicles requires the affirmative recommendation of the
Finance Committee and states that the Finance Committee shall recommend to the Board of
Commissioners an appropriation sufficient to cover the acquisition cost plus monthly charges for the
balance of the current year; and
WHEREAS the Water and Sewage Operations Division requests the addition of one (1) one ton
utility truck (with 4-wheel drive) for the Pump Maintenance Unit. The truck will be used for staff
who will be installing and maintaining water and sewage pumps; and
WHEREAS capital funds must be appropriated for the purchase of the vehicle and radio; and
WHEREAS the purchase cost for vehicle and utility box is $15,950 and (1) mobile radio is
$1,550 is available in the 1992 contingency; and
WHEREAS the 1992-1993 Adopted Budget for Water and Sewage Operations includes funding for
the operations and maintenance of this vehicle.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the addition of
one vehicle for Water and Sewage Operations Division.
BE IT FURTHER RESOLVED that $17,500 be transferred from the 1992 General Fund Contingency
to Water and Sewage Operations Division to cover all acquisition costs:
4-10100-909-01-00-9900 Contingency $(17,500)
4-10100-142-01-00-8665 Water & Sewage Trf.out/Garage 15,950
4-10100-142-01-00-8675 Water a Sewage Trf.out/Radio 1,550
Total
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Moffitt the resolution be adopted.
Commissioners 'Minutes Continued. February 13, 1992 15
AYES: Aaron, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Krause, Law,
McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Palmer, Pappageorge, Pernick, Price,
Schmid, Serra, Skarritt, Wolf. (24)
NAYS: Olsen. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 92007
By Finance Committee
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/HEALTH DIVISION - 1991 MOBILE HOME PARK
INSPECTION AGREEMENT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #89105, the Health Division applied to the
Michigan Department of Public Health (MDPH) for $21,337 in reimbursement funds to conduct annual
environmental health inspections, necessary follow-up, and complaint processing on mobile home parks
during calendar year 1991 as required by Section 17 of 1987, Public Act 96; and
WHEREAS the MDPH has awarded Oakland County a reimbursement agreement in the amount of
$21,337, the same as the application; and
WHEREAS implementation of this agreement requires no additional County staff or resources;
and
WHEREAS revenue for this service in 1991 was budgeted at $19,440, this agreement increases
the actual revenue by $1,897; and
WHEREAS activity has been completed for 1991, reimbursement has been made to the original
budgeted amount, the additional revenue will be received upon execution of this agreement; and
WHEREAS due to the delay at the State in obtaining the agreement, the additional revenue
will be accounted for in 1992 and included in any budget amendment requested ,.!ith the acceptance of
the 1992 agreement; and
WHEREAS acceptance of this agreement does not obligate the County to any future
commitments; and
WHEREAS this agreement has been included in the County Executive's Contract Review
Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
1991 Mobile Home Park Inspection Agreement in the amount of $21,337 and that the Chairperson is
authorized to execute said reimbursement agreement and to approve amendments up to fifteen (15)
percent variance which are consistent with the agreement as originally approved.
Mr. Chairperson, OR behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson.
Moved by Caddell supported by Bishop the resoluti on be adopted.
AYES: Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell,
McCulloch, McPherson, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra,
Skarritt, Aaron. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 92008
By Finance Committee
IN RE: DEPARTMENT OF COMPUTER SERVICES - 1991 FOURTH QUARTER DATA PROCESSING DEVELOPMENT
APPROPRIATION TRANSFER AND OPERATIONS ADJUSTMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS all data processing development cost is incorporated as a single appropriation
within the Computer Services Department Budget and then an amount equal to the actual expense is
transferred to the user department on a quarterly basis with a summary report to the Finance
Committee; and
WHEREAS the Computer Services Department has determined the 1991 Third Quarter data
processing development charges in the amount of $202,070 for the governmental fund County
departments; and
WHEREAS these development charges are for programs which are in conformance with the
guidelines set forth by the Computer User Advisory Committee and the Computer Center master plan
approved by the Finance Committee; and
WHEREAS an appropriation transfer to governmental fund County departments is needed to
fund these development charges; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed
the 1991 Fourth Quarter Data Processing Development for user departments and finds $202,070 from the
1991 Data Processing Development budget (acct. #4-10100-181-01-00-6361) and transfers said funds to
the appropriate user departments consistent with the attached schedule.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
O. William Caddell, Chairperson
16 -
Commissioners Minutes Continued. February 13, 1992
Copy of 1991 Fourth Quarter Cost Allocation Schedule on file in County Clerk's Office.
Moved by Caddell supported by Pernick the resolution be adopted.
AYES: Caddell, Crake, Ferrens, Gosling, Huntoon, Johnson, Krause, Law, McConnell,
McCulloch, McPherson, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra,
Skarritt, Aaron, Bishop. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 92009
By General Government Committee
IN RE: 52ND DISTRICT COURT - 1ST DIVISION - SUPPORT LEGISLATION AUTHORIZING THE ELECTION IN 1992 OF
ONE NEW OAKLAND COUNTY DISTRICT COURT JUDGE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the 52nd District Court, 1st Division is experiencing a tremendous increase in
caseload, and presently has three Judges; and
WHEREAS based on review of caseload data and other statistical analysis, one additional
Judge has been recommended to be added to this division; and
WHEREAS a new Judgeship is deemed necessary for the 52nd District Court, 1st Division to
take office on January 1, 1993; and
WHEREAS the Personnel Committee and Finance Committee have reviewed and recommended the
additional Judge position in the 1992/1993 Biennial Budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
creation of one additional 52nd District Court, 1st Division Judgeship to be filled by election in
1992, effective on January 1, 1993.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the State Court
Administrator, all Oakland County Legislators, and the County's Legislative Agent.
Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Moved by Skarritt supported by Caddell the resolution be adopted.
Moved by McPherson supported by Serra the resolution be laid on the table.
A sufficient majority not having voted therefor, the motion failed.
Moved by Price supported by Serra the resolution lie referred to the Finance Committee, and
a roll call be taken on the motion.
AYES: Ferrens, Krause, McPherson, Oaks, Pernick, Price, Serra, Aaron. (8)
NAYS: Crake, Gosling, Huntoon, Jensen, Johnson, Law, McConnell, McCulloch, Millard,
Moffitt, Olsen, Palmer, Pappageorge, Schmid, Skarritt, Wolf, Bishop, Caddell. (18)
A sufficient majority not having voted therefore, the motion to refer failed.
Vote on resolution:
AYES: Gosling, Huntoon, Jensen, Johnson, Law, McConnell, McCulloch, Millard, Moffitt,
Olsen, Palmer, Pappageorge, Schmid, Skarritt, Wolf, Bishop, Caddell, Crake. (18)
NAYS: Ferrens, Krause, McPherson, Oaks, Pernick, Price, Serra, Aaron. (8)
A sufficient majority having voted therefor, the resolution was adopted.
Report (Misc. 91297)
By General Government Committee
IN RE: SENATE BILL 522 (OPPOSE) AMENDMENT TO GOEMAERE-ANDERSON WETLAND PROTECTION ACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution, reports
with the recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of
the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Misc. 91297
By Commissioner Ruth A. Johnson
IN RE: SB 522 (OPPOSE) AMENDMENT TO GOEMAERE-ANDERSON WETLAND PROTECTION ACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Senate of the State of Michigan is currently considering in committee Senate
Bill No. 522, a bill to amend Sections 3, 8, and 21, of Act 203 of the Public Acts of 1979,
Commissioners Minutes Continued. February 13, 1992
entitled, "Goemaere-Anderson Wetland Protection Act"; and
WHEREAS this proposal would pre-empt all existing wetlands protection and/or preservation
ordinances by local units of government; and
WHEREAS this proposal would prevent enactment of new wetlands protection and/or
preservation ordinances by local units of government, thereby ignoring special and unique conditions
and needs to which only a local governmental body can be sensitive; and
WHEREAS this proposal would cancel existing law requiring the Michigan Department of
Natural Resources to solicit remarks and comments from local units of government on wetlands
development applications.
NOW THEREFORE BE IT RESOLVED that the Oakland County board of Commissioners opposes
enactment of Senate Bill 522.
BE IT FURTHER RESOLVED that the Board opposes any and all proposals, either legislative or
administrative, which attempt to erode the spirit and intent of the Goemaere-Anderson Wetland
Protection Act.
BE IT FURTHER RESOLVED that copies of this resolution be sent to all State Legislators
from Oakland County and to the Legislative Agent. .
Mr. Chairperson, I move the adoption of the foregoing resolution_
Ruth A. Johnson, Commissioner District #1
Frank H. Millard, Commissioner Dist. #3
The Chairperson referred the resolution back to the General Government Committee. There
were no objections.
Report (Misc. 92002)
By General Government Committee
IN RE: (SUPPORT) S. 2080, PREEMPTION CLARIFICATION AND INFORMATION ACT OF 1991
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution, reports
with the recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of
the foregoing report.
MISC. 92002
By Commissioner Lawrence R. Pernick
IN RE: (SUPPORT) S. 2080, PREEMPTION CLARIFICATION AND INFORMATION ACT OF 1991
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS in recognition that state and local governments carry the day-to-day
responsibility for the health, safety and welfare of their citizens, Senators Carl Levin and David
Ourenburger have introduced legislation which requires specific language provision be made in all
future legislation when it is Congress' intent to preempt local statute or ordinance; and
WHEREAS the requirement for inclusion of this explicit language will save local
governments much time, confusion and money by eliminating the necessity of litigating the question
of Congress' intent, particularly in matters where Congress sets a floor or ceiling, but does not
address state and local governments ability to go beyond the federal requirements; and
WHEREAS the language of 5.2080 states simply that "No statute, or rule promulgated under
such statute, shall preempt in whole or in part, any State or local government law, ordinance, or
regulation, unless the statute explicitly states that such preemption is intended or unless there is
a direct conflict between such statute and a State or local law, ordinance, or regulation so the two
cannot be reconciled or consistently stand together."
NOW THEREFORE BE IT•RESOLVED that the Oakland County Board of Commissioners does hereby
support 5.2080, Preemption Clarification and Information Act of 1991, and urges that the Michigan
Association of Counties take a vocal position in support of this federal legislation.
BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Senators
Riegle and Levin, the Michigan Association of Counties and our Legislative Agent.
Mr. Chairperson, we move the adoption of the foregoing resolution.
Lawrence R. Pernick, Commissioner District Y20
17
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Moved by Skarritt supported by Palmer the Genera
A sufficient majority having voted therefor, the
Government Committee Report be accepted.
report was accepted.
Moved by Skarritt supported by Palmer the resolution be adopted.
AYES; Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell, McCulloch, McPherson,
Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf,
Aaron, Caddell, Crake, Ferrens. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
10 11
12 13
16 18
18
Commissioners Minutes Continued. February 13, 1992
Misc. 92010
By Personnel Committee
IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR 1991
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
. WHEREAS the Salary Administration Study Group Reports approved by the Board of
Commissioners for Grades 1 - 21 provide for a review and appeal process for departments and
employees wishing to challenge the salary grade placement of classifications; and
WHEREAS the Fourth Quarterly Report for 1991 was submitted to the Personnel Committee
identifying the reviews requested and the salary grade changes recommended by the Personnel
Department after completion of this review process; and
WHEREAS the Fourth Quarterly Report for 1991 also includes the Job Evaluation Review Panel
recommendation on the salary grade placement of a classification referred to the Job Evaluation
Review panel by the Personnel Committee; and
WHEREAS funds have been established in the Classification and Rate Change fund to
implement salary grade changes resulting from salary administration quarterly report
recommendations; and
WHEREAS the Personnel Committee has reviewed and approved this report.
NOW THEREFORE BE IT RESOLVED that changes in salary grade placement be implemented as
shown:
Classification
Personnel Property Tax Collector
Salary Grade
From: To: Location-Position
8 9 221-01-05337
221-01-05623
221-01-03453
221-01-02402
Personal Property Tax Collection
Supervisor
Social Worker II
(I position only to new class of
Probate Clinic Services Coord„
Reg. 0/T)
Toxicologist
(1 position only to new class of
Chief Toxicologist, No OM
Paralegal 7 8
(3 positions only in Family Support
to new class of Support Specialist,
Reg. 0/T)
221-01-02996
346-01-00416
169-01-00935
411-01-00916
411-01-06388
411-01-04690
Mr. Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
Marilynn E. Gosling, Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 92011
By Personnel Committee
IN RE: PERSONNEL DEPARTMENT - 1992 - 1994 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY FRATERNAL
ORDER OF POLICE (SAFETY UNIT/BUILDING SAFETY ATTENDANTS)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Labor Council, Fraternal Order of Police, have been
negotiating a contract covering approximately twenty-four (24) Building Safety Attendances in the
Safety Unit of the Central Services Department; and
WHEREAS a three (3) year agreement has been reached with these employees for the period
December 28, 1991 through December 31, 1994 and said agreement has been reduced to writing.
NOW THEREFORE BE IT RESOLVED that the attached Agreement between the County of Oakland and
the Fraternal Order of Police be and the same are hereby approved and that the Chairperson of this
Board, on behalf of the County of Oakland, be and is hereby authorized to execute said agreement, a
copy of which is attached hereto.
Mr. Chairperson, on behalf of the Personnel Committee, 1 move the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
Marilyn E. Gosling, Chairperson
Copy of Collective Bargaining Agreement for Fraternal Order of Police, Safety Division
Employees on file in County Clerk's Office. .
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Commissioners Minutes Continued. February 13, 1992 19
Misc. 92012
By Personnel Committee
IN RE: BOARD OF COMMISSIONERS - INCREASE IN PER DIEM RATE FOR PERSONNEL APPEAL BOARD MEMBERS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen;
WHEREAS the Personnel Committee reviewed the per diem rates and payments to appointed
board and commission members; and
WHEREAS the Personnel Committee supports an immediate increase in the per diem rate for
the Personnel Appeal Board members; and
WHEREAS the Personnel Committee also recommends that the General Government Committee
review the per diems and payments for all other appointed boards and commissions.
NOW THEREFORE BE IT RESOLVED that the per diem rate paid to members of the Personnel
Appeal Board be increased from $35 to $50.
BE IT FURTHER RESOLVED that the General Government Committee review payments for other
appointed boards and commissions to recommend if others should be increased or decreased.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
Marilynn .E. Gosling, Chairperson
The Chairperson referred the resolution to the General Government Committee, There were
no objections.
Misc. 92013
By Planning and Building Committee
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE WATERFORD WATER SUPPLY SYSTEM IRON REMOVAL
WATER TREATMENT FACILITIES CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") has heretofore established and constructed
and acquired the Waterford Water Supply System pursuant to the Waterford Water Supply System
Contract between the County and the Charter Township of Waterford (the "Township") dated as of
November 1, 1963, as supplemented by the Supplemental Contract Waterford Water Supply System dated
as of January 10, 1954, and the Amendment to Supplemental Contract Waterford Water Supply System
dated as of March 10, 1964; and
WHEREAS it is now necessary to improve, enlarge and extend the Waterferd Water Supply
System by the acquisition and construction of the hereinafter described Waterford Water Supply
System Iron Removal Water Treatment Facilities; and
WHEREAS by the terms of Act 342, the County and the Township are authorized to enter into
a contract for the acquisition, construction and financing of the Waterford Water Supply System Iron
Removal Water Treatment Facilities consisting of water supply facilities to serve the Township and
for the payment of the cost thereof by the Township, with interest, and the County is then
authorized to issue its bonds in one or more series to provide the funds necessary therefor; and
WHEREAS there has been submitted to this Board of Commissioners a proposed contract
between the County, by and through the County Drain Commissioner, County Agency, party of the first
part, and the Township, party of the second part (the "Contract"), which Contract provides for the
acquisition, construction and financing of the Waterford Water Supply System Iron Removal Water
Treatment Facilities (the "Project"), and which Contract is hereinafter set forth in full; and
WHEREAS there have also been submitted for approval and adoption by this Board of
Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness
of the Project; and
WHEREAS the Contract provides for the issuance hereafter of the bonds in one or more
series to defray all or part of the cost of the Project, said bonds to be secured by the contractual
obligations of the Township to pay to the County amounts sufficient to pay the principal of and
interest on the amounts sufficient to pay the principal of and interest on the hereafter authorized
bonds and to pay such paying agent fees and other expenses as may be incurred on account of said
bonds; and
WHEREAS this Board of Commissioners desires to proceed with the establishment of the
Project and the approval and execution of the Contract to acquire, construct and finance the Project
as provided in the Contract.
THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as
follows:
1. ESTABLISHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners
by majority vote of its members-elect does hereby authorize and direct that there be established,
and there is hereby established, under and pursuant to Act 342, Water supply facilities to be known
as the "Waterford Water Supply System iron Removal Water Treatment. Facilities," which shall consist
of enlargements, additions and improvements to the Waterford Water Supply System, as specified and
to be located as shown in Exhibit A to the contract; that the Project shall serve the Township; that
the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for
the Waterford Water Supply System Iron Removal Water Treatment Facilities; that the County Agency
shall have all the powers and duties with respect to the Waterford Water Supply System Iron Removal
Water Treatment Facilities as are provided by law and especially by Act 342; and that all
obligations incurred by the County Agency with respect to the Waterford Water Supply System Iron
Removal Water Treatment Facilities, unless otherwise authorized by this Board of Commissioners,
shall be payable solely from funds derived from the Township as hereinafter provided.
• 20
Commissioners Minutes Continued. February 13, 1992
2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The prelimi-
nary plans and specifications for the Project and the estimates of $9,100,000 as the cost thereof
and of 20 years and upwards as the period of usefulness thereof, as submitted to this Board of
Commissioners, are hereby approved and adopted.
3. EXCEPTION FROM PRIOR TREASURY APPROVAL. The County Drain Commissioner and the County
Treasurer are each hereby severally authorized to file with the Michigan Department of Treasury a
Notice of Intent to Issue an Obligation with respect to the first series of the aforementioned bonds
in the principal amount not to exceed $6,000,000 and to pay, upon the filing of said notice, the
filing fee of $400.
4, APPROVAL OF CONTRACT. The Waterford Water Supply System Iron Removal Water Treatment
Facilities Contract dated as of October 1, 1991, between the County, by and through the County Drain
Commissioner, party of the first part, and the Township, party of the second part, which Contract
has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County
Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on
behalf of the County, in as many counterparts as may be deemed advisable, after the Contract has
been executed by the appropriate officials of the Township. The Contract reads as follows:
WATERFORD WATER SUPPLY SYSTEM IRON
REMOVAL WATER TREATMENT FACILITIES CONTRACT
THIS CONTRACT, made and entered into aS of the 1st day of October, 1991, and between the
COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred to
as the "County"), by and through its Drain Commissioner, County Agency, party of the first part, and
the CHARTER TOWNSHIP OF WATERFORD, a charter township located in the County (hereinafter sometimes
referred to as the "Township"), party of the second part.
WITNESSETH:
WHEREAS the Oakland County Board bf Supervisors, by Resolution Misc. No, 3909, adopted on
February 6, 1962, established the Waterferd Water Supply System (the "System") to serve the
Township; and
WHEREAS the County, through its Board of Public Works, has constructed and acquired the
System pursuant to the provisions of Act NO. 135, Public Acts of Michigan, 1957, as amended, and
pursuant to the Waterford Water Supply System Contract between the County and the Township dated as
of November 1, 1963 (said contract as supplemented by the Supplemental Contract Waterford Water
Supply system dated as of January 10, 1964, and the Amendment to Supplemental Contract Waterford
Water Supply System dated as of March 10, 1964, hereinafter referred to as the "Base Contract"; and
WHEREAS it is now necessary for the public health and the welfare of the present and
future residents of the Township to improve, enlarge and extend the System by the acquisition and
construction of the Waterford Water Supply System Iron Removal Water Treatment Facilities (the
"Project"); and
WHEREAS under and subject to the terms of Act 342, Public Acts of Michigan, 1939, as
amended (Act 342) the County is authorized, through the County Agency, to acquire and construct
the Project as part of the System, the County and the Township are authorized to enter into a
contract, as hereinafter provided, for the acquisition and construction of the Project by the County
and for financing all or part of the cost thereof by the issuance of bonds by the County secured by
the pledge of the full faith and credit of the Township to pay such cost with interest to the County
in installments extending over a period not exceeding forty (40) years, and the County is authorized
to issue such bonds and, if authorized by majority vote of the members elect of its Board of
Commissioners, to pledge its full faith and credit for the payment of such bonds and the interest
thereon; and
WHEREAS the parties hereto have concluded that the Project can be most economically and
efficiently provided and financed by the County through the exercise of the powers conferred by Act
342, and especially Sections 5a, Sb and Sc thereof; and
WHEREAS preliminary plans for the Project and also estimates of the cost of the system and
the period of usefulness thereof have been prepared by Fishbeck, Thompson, Carr & Huber (hereinafter
sometimes referred to as the consulting engineers), and have been submitted to and approved by the
Board of Commissioners of the County and the Board of the Township and placed on file in the office
of the County Agency, said estimates being set forth in Exhibit B hereunto attached; and
WHEREAS in order to provide for the acquisition and construction of the Project by the
County and the financing of the cost thereof by the issuance of County bonds, and for other related
matters it is necessary for the parties hereto to enter into this contract.
THEREFORE IN CONSIDERATION OF THE:PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES
HERETO AGREE AS FOLLOWS:
1. The parties hereto hereby approve and agree to the acquisition, construction and
financing of the Project as part of the System as herein provided, under and pursuant to Act 342.
The Township by way of compliance with Section 29, Article VII, Michigan Constitution of 1963,
consents and agrees to the establishment and .location of the Project within its corporate boundaries
and to the use by the County of its streets; highways, alleys, lands, rights-of-way or other public
places for the purpose and facilities of the Project and the system and any Improvements,
enlargements and extensions thereof, and the Township further agrees that, in order to evidence and
effectuate the foregoing agreement and content, it will execute and deliver to the County such
grants of easement, right-of-way, license, permit or consent as may be requested by the County.
2. The Project shall consist of enlargements, additions and improvements to the System as
shown on Exhibit A which is hereunto attached and which is hereby made a part hereof, and as are
more particularly set forth in the preliminary plans which have been prepared and submitted by the
consulting engineers which plans are on file with the County Agency and are hereby approved and
adopted. The Project shall be acquired and constructed substantially in accordance with the said
Commissioners. Minutes Continued. February 13, 1992 21
preliminary plans and in accordance with final plans and specifications to be prepared and submitted
by the consulting engineers, but variations therefrom which do not materially change the location,
capacity or overall design of the Project, and which do not require an increase in the total
estimated cost of the Project, may be permitted on tht authority of the County Agency. Other
variations or changes may be made if approved by the County Agency and by resolution of the Township
Board and if provisions required by paragraph 8 hereof are made for payment or financing of any
resulting increase in the total estimated cost. The estimate of cost of the Project and the
estimate of period of usefulness thereof as set forth in:Exhibit B are likewise hereby approved and
adopted.
3. The County Agency shall take or cause to be taken all actions required or necessary,
in accordance with Act 342, to procure the issuance and sale of bonds by the County, in one or more
series, in whatever aggregate principal amount is necessary to be so financed to defray that part of
the total cost of the Project which is in excess of funds available from other sources. Such bonds
shall be issued in anticipation of, and be payable primarily from, the payments to be made by the
Township to the County as provided in this contract, and shall be secured secondarily, if so voted
by the Board of Commissioners of the County, by the pledge of the full faith and credit of the
County, and the said bonds shall be payable in annual matOrities the last of which shall be not more
than forty years from the date thereof.
4. The County Agency shall proceed to take construction bids for the Project, and subject
to the sale and delivery of said bends, enter into constrUction contracts with the lowest responsive
responsible bidder or bidders, procure from the contractors all necessary and proper bonds and
insurance, cause the Project to be constructed within a: reasonable time, and do all other things
required by this contract and the laws of the State of Michigan and the United States of America.
All certificates for required payments to contractors shall be approved by the consulting engineers
before presentation to the County Agency and the latter :shall be entitled to rely on such approval
in making payment.
The County hereby agrees that it will secure and maintain, or cause to be secured and
maintained, during the period of construction, adequate property damage and public liability
insurance covering all facilities to be constructed pursuant to this contract. All policies and
memorandums of insurance shall provide that the County and the Township shall be insured parties
thereunder and shall contain a prevision requiring that the Township be notified at least ten days
prior to cancellation thereof. One copy of each policy and memorandum of insurance shall be filed
with the Township.
5. It is understood and agreed by the parties hereto that the Project is to serve the
Township and not the individual property owners and users thereof, unless by special arrangement
between the County Agency and the Township. The responsibility of requiring connection to and use
of the Project and the System and/or providing such additional facilities as may be needed shall be
that of the Township which shall cause to be constructed and maintained, directly or through the
County, any such necessary additional facilities. The County shall not be obligated to acquire or
construct any facilities other than those designated in paragraph 2 hereof.
6. The Township shall pay to the County the total cost of the Project (less such funds as
may become available from other sources), which total . cost for this purpose shall include, in
addition to the items of the nature set forth in Exhibit B (represented by the principal amount of
the bonds to be issued by the County plus such funds as may become available from other sources),
all interest payable by the County on said bonds and all paying agent fees and other expenses and
charges (including the County Agency's direct and indirect administrative expenses) which are
payable or account of said bonds -(such fees, expenses and charges being herein called 'bond service
charges"). Such payments shall be made to the County in'annual installments which shall be due and
payable at least thirty days prior to the day of the month specified in the County bonds as the
annual principal maturity date thereof. Such an annual installment shall be so paid in each year if
any principal and/or non-capitalized interest on said bonds falls due during the twelve-month period
beginning on such principal maturity date in said year, and the amount of each installment so due
and payable shall be at least sufficient to pay all such principal and/or interest thus falling due
and all bond service charges then due and payable. The County Agency shall, within thirty days
after delivery of the County bonds to the purchaser, furbish the Township Treasurer with a complete
schedule of the principal and interest maturities thereon, and the County Agency shall also, at
least thirty days before each payment is due to be made by the Township, advise the Township
Treasurer of the amount payable to the County on such date. If the Township fails to make any
payment to the County when due, the same shall be subject to a penalty of 15 thereof for each month
or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to
furnish the schedule or give the notice as above required shall not excuse the Township from the
obligation to make payment when due. Such payments shall be made by the Township when due whether
or not the Project has then been completed or placed in operation. In the event that additional
County bonds shall be issued under the authority of this contract to defray a part of the cost of
the Project, the foregoing obligations shall apply to such part of the cost and to said additional
bonds insofar as appropriate thereto.
7. The Township may pay in advance any amount payable to the County pursuant to this
contract and in that event shall be credited therefor on future-due amounts as may be agreed by the
parties hereto. The Township also may pay in advance any one or more installments or any part
thereof (a) by surrendering to the County any of said County bonds of like principal amount or (b)
by paying to the County in cash the principal amount of any County bonds which are subject to
redemption prior to maturity, plus all interest thereon to the first date upon which such bonds may
• 22
Commissioners Minutes Continued. February 13, 1992
be called for redemption, and plus all applicable call premiums and bond service charges, and in
such event the County Agency shall call said bonds for redemption at the earliest possible date.
The installments or parts thereof so prepaid shall be deemed to be the installments or parts thereof
falling due in the same calendar year as the maturity dates of the bonds surrendered or called for
redemption and bonds so surrendered or redeemed shall be cancelled.
8. In the event that it shall become necessary to increase the estimated cost of the
Project as hereinbefore stated, or if the actual cost of the Project shall exceed the estimated
cost, whether as the result of variations or changes permitted to be made in the approved plans or
otherwise, then (without execution of any further contract or amendment of this contract) the
Township Board may, by resolution adopted within fifteen days after the receipt of construction
bids, direct that a portion of the Project be deleted sufficient to reduce the total cost to an
amount which shall not exceed the total estimated cost as hereinbefore stated by more than 5%,
provided that such deletion shall not materially change the general scope, overall design and
purpose of the Project, or in the absence of the adoption of such a resolution the Township shall
pay or procure the payment of the increase or excess in cash, or County bonds in an increased or
additional amount shall (upon adoption of an authorizing resolution therefor by the Board of
Commissioners) be issued to defray such increased or excess cost, to the extent that funds therefor
are not available from other sources; provided, however, that no such increase or excess shall be
approved and no such increased or additional County bonds shall be authorized to be issued, nor
shall the County enter into any contract for acquisition or construction of the Project or any part
thereof or incur any obligation for or pay any item of cost therefor, where the effect thereof would
be to cause the total cost of the Project to exceed by more than 5% its total estimated cost as
hereinbefore stated, unless the Township Board shall have previously adopted a resolution approving
such increase or excess and agreeing that the same (or such part thereof as is not available from
other sources) shall be paid or its payment procured by the Township in cash or be defrayed by the
issuance of increased or additional County bonds in anticipation of increased or additional payments
agreed to be made by the Township to the County in the manner hereinbefore provided; provided,
further, that the adoption of such resolution by the Township Board shall not be required prior to
or as a condition precedent to the issuance of additional bonds by the County if the County has
previously issued or contracted to sell bonds to pay all or part of the cost of the Project and the
issuance of the additional bonds is necessary (as determined by the County) to pay such increased,
additional or excess costs as are essential to completion of the Project according to the plans as
last approved prior to the time when the previous bonds were issued or contracted to be sold.
9. In the event that the actual cost of the Project is less than the total estimated
cost, then any surplus available to the County from the sale of County bonds, at the option of the
Township Board, shall be used to improve, enlarge or extend the Project within the Township, to
apply upon future payments due to the County, to redeem bonds or to purchase bonds on the open
market, provided that such surplus shall be used to improve, enlarge or extend the Project only if
authorized by the Board of Commissioners. Any such surplus may, for the purpose of improving,
enlarging or extending the Project, be supplemented by cash payments to be made by the Township, or
such improvements, enlargements or extensions may be financed entirely from such cash payments,
where authorized by the Township Board. Where any such surplus is used to redeem or purchase bonds,
the same shall be cancelled, and the payments thereafter required to be made by the Township to the
County shall be reduced so as to reflect thel resulting saving of Interest and the payment required
to be made in the calendar year of the stated maturity of said bonds shall be reduced by the
principal amount thereof.
10. Should the Township fail for any reason to pay the County at the times specified, the
amounts herein required to be paid, the Township does hereby authorize the State Treasurer or other
official charged with the disbursement or unrestricted state funds returnable to tne Township
pursuant to the Michigan constitution to withhold sufficient funds to make up any default or
deficiency in funds. If the full faith and credit of the County are pledged for the prompt payment
of the principal of and interest on the bonds to be .issued by the County and if the County is
required to advance any money by reason of such pledge on account of the delinquency of the
Township, the County Treasurer is hereby authorized to notify the State Treasurer to deduct the
amount of money so advanced by the County from any unrestricted moneys in the State Treasurer's
possession belonging to the Township and to pay such amount to the County.
The foregoing shall not operate to limit the County's right to pursue any other legal
remedies for the reimbursement of moneys advanced on account of the default of the Township.
11. The Township, pursuant to the authorization of Section 5a of Act No. 342, hereby
pledges its full faith and credit for the prompt and timely payment of its obligations expressed in
this contract and each year shall levy a tax in an amount which, taking into consideration estimated
delinquencies in tax collections, will be sufficient to pay its obligations under this contract
becoming due before the time of the following year's tax collections; provided, however, that if at
the time of making its annual tax levy, the Township shall have on hand in cash other funds
(including but not limited to funds from special assessments, user charges or connection fees) which
have been set aside and pledged or are otherwise available for the payment of such contractual
obligations falling due prior to the time of the next tax collection, then the annual tax levy may
be reduced by such amount; and provided further, however, that any taxes levied by the Township
shall be subject to applicable constitutional, statutory and charter tax rate limitations. The
Township Board shall each year, at least 90 days prior to the final date provided by law for the
making of the annual Township tax levy, submit to the County Agency a written statement setting
Commissioners Minutes Continued. February 13, 1992 23
forth the amount of its obligations to the County which becomes due and payable under this contract
prior to the time of the next following year's tax collections, the amount of the funds which the
Township has or will have on hand or to its credit in the hands of the County which have been set
aside and pledged for payment of said obligations to the County, and the amount of the Township
taxes next proposed to be levied for the purpose of raising money to meet such obligations. The
County Agency shall review such statement promptly and if he finds that the proposed Township tax
levy is insufficient, he shall so notify the Township Board, and the Township hereby covenants and
agrees that it will thereupon increase its levy to such extent as may be required by the County
Agency.
12. No change in the jurisdiction over any territory in the Township shall in any manner
impair the obligations of this contract or affect the obligations of the Township hereunder. In the
event that all or any part of the territory of the Township is incorporated as a new township or is
annexed to or becomes a part of the territory of another municipality, the municipality into which
such territory is incorporated or to which such territory is annexed shall assume the proper
proportionate share of the contractual obligations (including the pledge of full faith and credit)
of the township, which proper proportionate share shall be fixed and determined by the County Agency
and shall be binding upon all parties concerned unless, within sixty (60) days after such
incorporation or annexation becomes effective, the governing body of the municipality into which
such territory is incorporated or to which such territory is annexed and the Township Board shall by
mutual agreement and with the written approval of the County Agency fix and determine such proper
proportionate share. The County Agency shall, prior to making such determination, receive a written
recommendation as to the proper proportionate share from a committee composed of one representative
designated by the Township Board of the Township, one designated by the governing body of the new
municipality or the municipality annexing such territory, and one independent registered engineer
appointed by the County Agency. Each governmental unit shall appoint its representative within
fifteen (15) days after being notified to do so by the County Agency and within a like time the
County Agency shall appoint the engineer third member. If any such representtive (other than the
appointee of the County Agency) is not appointed within the time above provided, then the County
Agency may proceed without said recommendation. If the committee shall not make the recommendation
within forty-five (45) days after its appointment or within any extension thereof by the County
Agency, then the County Agency may proceed without such recommendation.
13. This contract is contingent upon the County issuing its negotiable bonds, as herein
provided, to defray such part of the total estimated cost of the Project as is necessary to be
financed, which bonds shall be issued under the authorization provided in Section 5a, 5b and Sc of
Act 342. Interest on the bonds may be capitalized and paid from the bond proceeds for a period not
exceeding the estimated construction period and one year thereafter. In the event that the bonds
are not issued within three years from the date of this contract, then unless extended by mutual
agreement it shall become null and void, except that the Township shall pay all engineering, legal
and other costs and expenses theretofore incurred and shall be entitled to all plans, specifications
and other engineering data and materials.
14. Upon completion of the Project, the Project shall be leased to and used by the
Township in accordance with paragraph 11 of the Base Contract. In the event that the Base Contract
expires prior to the expiration of this contract, the provisions of paragraph 11 of the Base
Contract shall continue to apply to the lease to and use by the Township of the Project as if set
forth herein.
15. The County shall have no obligation or responsibility for providing water or water
supply facilities except as herein expressly provided with respect to the acquisition and
construction of the Project or as otherwise provided by contract. The Township shall have the
authority and the responsibility to provide such other facilities and shall have the right to expand
the facilities of the system by constructing or extending water mains and trunks or related
facilities, connecting the same to the System, and otherwise improving the System. It is expressly
agreed, nevertheless, that no such connection (other than individual unit tap -ins) stall be made to
the System and no improvements, enlargements or extensions thereof shall be made without first
securing a permit therefor from the County Agency. Any such permit may be made conditional upon
inspection and approval of new construction by the County Agency.
16. All powers, duties and functions vested by this contract in the county shall be
exercised and performed by the County agency, for and on behalf of the county, unless otherwise
provided by law or in this contract.
17. The parties hereto recognize that the holders from time to time of the bonds to be
issued by the County under the provisions of Act 342, and secured by the full faith and credit
pledge of the Township to the making of its payments as set forth in this contract, will have
contractual rights in this contract, and it is therefore covenanted and agreed that so long as any
of said bonds shall remain outstanding and unpaid, the provisions of this contract shall not be
subject to any alteration or revision which would in any manner adversely affect either the security
of the bonds or the prompt payment of principal or interest thereon. The right to make changes in
this contract, by amendment, supplemental contracts or otherwise, is nevertheless reserved insofar
as the same do not have such adverse effect. The parties hereto further covenant and agree that
they each will comply with their respective duties and obligations under the terms of this contract
promptly, at the times and in the manner herein set forth, and will not suffer to be done any act
which would in any way impair the contract of said bonds, the security therefor, or the prompt
payment of principal and interest thereon. It is hereby declared that the terms of this contract
and of any amendatory or supplemental contract and any contract entered into pursuant hereto,
insofar as they pertain to said bonds or to the payment or the security thereof, shall be deemed to
be for the benefit of the holders of said bonds.
24
Commissioners Minutes Continued. February 13, 1992
18. In the event that any one or more of the provisions of this contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provisions hereof, but this contract shall be
construed as if such invalid, illegal or unenforceable provision has never been contained herein.
19. This contract shall become effective upon its execution by each party hereto and the
expiration of 45 days after the date of publication of the notice required by Section 5b of Act 342;
provided, however, that if, within the 45-day period, a proper petition is filed with the Township
Clerk of the Charter Township of Waterford in accordance with the provisions of said Section 5b of
Act 342 then this contract shall not become effective until approved by the vote of a majority of
the electors of the Township qualified to vote and voting thereon at a general or special election.
This contract shall terminate forty (40) years from the date hereof or on such earlier date as shall
be mutually agreed; provided, however, that it shall not be terminated at any time prior to the
payment in full of the principal of and interest on the County bonds together with all bond service
charges pertaining to said bonds. This contract may be executed in several counterparts. The
provisions of this contract shall inure to the benefit of and be binding upon the successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and
delivered by the undersigned, being duly authorized by the respective governing bodies of such
parties, all as of the day and year first above written.
COUNTY OF OAKLAND
By:
Supervisor County Drain Commissioner
(County Agency)
And:
Clerk
4. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may
be in conflict herewith are rescinded.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
John Olsen, Chairperson
Moved by Olsen supported by Huntooh the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, :Krause, Law, McConnell, McCulloch, McPherson, Millard,
Moffitt, Oaks, Olsen, Palmer, Pappageorge, j>ernick, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop,
Caddell, Crake, Ferrens, Gosling. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 92014
By Planning and Building Committee
IN RE: DRAIN COMMISSIONER - CLINTON - OAKLAND SEWAGE DISPOSAL SYSTEM PAINT CREEK INTERCEPTOR
OAKLAND TOWNSHIP EXTENSION NO. 3 RESOLUTION TO ESTABLISH SYSTEM AND APPROVE CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Supervisors by Resolution Misc. No. 4332, adopted on
June 22, 1964, approved establishment of the Clinton-Oakland Sewage Disposal System to serve the
Clinton-Oakland Sewage Disposal District, within which district lies all of the Township of Oakland
(the "Township'); and
WHEREAS the County of Oakland (the "County"), through its Board of Public Works, acquired
and constructed the Clinton-Oakland Sewage Disposal System pursuant to the Amended Clinton-Oakland
Sewage Disposal System Contract, dated January 11, 1958, among the County of Oakland and the Charter
Township of Waterford, the Township of AVon, the Township of West Bloomfield, the Township of
Independence, the Township of Orion, and the Township of Pontiac; and
WHEREAS the Township is a party to the Clinton-Oakland Sewage Disposal System Paint Creek
Interceptor Contract, dated as of January 15, 1969, among the County of Oakland and the Township of
Oxford, the Township of Orion, the Township of Avon, the Township of Oakland, the Village of Oxford,
and the Village of Lake Orion pursuant to which contract the County acquired the Paint Creek
Interceptor to serve the said municipalities land certain of said municipalities acquired capacity in
the Clinton-Oakland Sewage Disposal System; and
WHEREAS by the terms of Act 342, Public Acts of Michigan, 1939, as amended ("Act 342),
the County and the Township are authorized to enter into a contract for the acquisition,
construction and financing of sewage collect:ion and disposal facilities to serve the Township and
for the payment of the cost thereof by the Township, with interest, and the County is then
authorized to issue its bonds to provide the funds necessary therefor o;o and
WHEREAS there has been submitted to this Board of Commissioners a proposed contract
between the County, by and through the County Drain Commissioner, County Agency, and the Township
(the "Contract"), which Contract provides for the acquisition, construction and financing of the
Clinton - Oakland Sewage Disposal System Paint Creek Interceptor Oakland Township Extension No. 3,
and which Contract is hereinafter set forth in full; and
CHARTER TOWNSHIP OF WATERFORD
By:
Commissioners Minutes Continued. February 13, 1992 25
WHEREAS there also have been submitted for approval and adoption by this Board of
Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness
of the Clinton - Oakland Sewage Disposal System Paint Creek Interceptor Oakland Township Extension
No. 3.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY MICHIGAN, as
follows:
I. ESTABLISHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners
by majority vote of its members-elect hereby authorizes and directs that there be established, and
there hereby is established, under and pursuant to Act 342, a system of sewage collection and
disposal facilities to be known as the "Clinton - Oakland Sewage Disposal System Paint Creek
Interceptor Oakland Township Extension No. 3," which shall consist of sewage collection and disposal
facilities to serve the Township as specified and to be located as shown in Exhibit A to the
Contract; that the Oakland County Drain Commissioner is designated and appointed as the "County
Agency" for the Clinton - Oakland Sewage Disposal System Paint Creek Interceptor Oakland Township
Extension No. 3, that the County Agency shall have all the powers and duties with respect to the
Clinton - Oakland Sewage Disposal System Paint Creek Interceptor Oakland Township Extension No. 3 as
are provided by law and especially by Act 342; and that all obligations incurred by the County
Agency with respect to the Clinton - Oakland Sewage Disposal System Paint Creek Interceptor Oakland
Township Extension No. 3, unless otherwise authorized by this Board of Commissioners, shall be
payable solely from funds derived from the Township in accordance with the Contract.
2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The prelimi-
nary plans and specifications for the Clinton - Oakland Sewage Disposal System Paint Creek
Interceptor Oakland Township Extension No. 3 and the estimates of $1,250,000 as the cost thereof and
of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of
Commissioners, be and the same are approved and adopted.
3. APPROVAL OF CONTRACT. The Clinton - Oakland Sewage Disposal System Paint Creek
Interceptor Oakland Township Extension No. 3 Contract dated as of December 1, 1991 between the
County, by and through the County Drain Commissioner, County Agency and the Township which Contract
has been submitted to this Board of Commissioners, be and the same is approved and adopted, and the
County Drain Commissioner is authorized and directed to execute and deliver the same for and on
behalf of the County, in as many counterparts as may be deemed advisable, after the Contract has
been executed by the appropriate officials of the Township. The ontract reads as fellows:
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM
PAINT CREEK INTERCEPTOR
OAKLAND TOWNSHIP EXTENSION NO. 3 CONTRACT
THIS CONTRACT, made and entered into as of the 1st day of December, 1991, by and between
the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred
to as the "County"), by and through its Drain Commissioner, County Agency, and the TOWNSHIP OF
OAKLAND, a township located in the County (hereinafter sometimes referred to as the "Township").
WITNESSETH:
WHEREAS the Oakland County Board of Supervisors by Resolution Misc, No. 4332, adopted on
June 22, 1964, approved establishment of the Clinton-Oakland Sewage Disposal System to serve the
Clinton-Oakland Sewage Disposal District, within which district lies all of the Township; and
WHEREAS the County of Oakland, through its Board of Public Works, has acquired and
constructed the Clinton-Oakland Sewage Disposal System pursuant to the Amended Clinton-Oakland
Sewage Disposal System Contract, dated January 11, 1968, among the County of Oakland and the Charter
Township of Waterford, the Township of Avon, the Township of West Bloomfield, the Township of
Independence, the Township of Orion, and the Township of Pontiac, (said contract hereinafter
referred to as the "Base Contract"); and
WHEREAS the Township is a party to the Clinton-Oakland Sewage Disposal System Paint Creek
Interceptor Contract, dated as of January 15, 1969, among the County of Oakland and the Township of
Oxford, the Township of Orion, the Township of Avon. the Township of Oakland, the Village of Oxford,
and the Village of Lake Orion (said contract hereinafter referred to as the "Interceptor Contract')
pursuant to which contract the County has acquired the Paint Creek Interceptor to serve the said
municipalities and certain of said municipalities acquired capacity in the Clinton-Oakland Sewage
Disposal System; and
WHEREAS under and subject to the terms of Act No. 342, Public Acts of Michigan, 1939, as
amended ("Act 342"), the County is authorized, through the County Agency, to acquire and construct
sewage collection and disposal facilities to be located in the Township, the County and the Township
are authorized to enter into a contract, as hereinafter provided, for the acquisition and
construction of the aforesaid facilities and for financing all or part of the cost thereof by the
issuance of bonds by the County secured by the pledge of the full faith and credit of the Township
to pay such cost with interest to the County in installments extending over a period not exceeding
forty (40) years, and the County is authorized to issue such bonds and, if authorized by majority
vote of the members-elect of its Board of Commissioners, to pledge its full faith and credit for the
payment of such bonds and the interest thereon; and
WHEREAS the Township Board has determined in the exercise of its discretion in the
administration of the Township's allocated sewer service capacity that such facilities would be
appropriate to provide the means of collecting and disposing of sanitary sewage originating in the
Township to promote the health and welfare of the residents thereof, which facilites likewise would
benefit the County and its residents, and the parties hereto have concluded that such facilities can
be provided and financed most economically and efficiently by the County through the exercise of the
26
Commissioners Minutes Continued. February 13, 1992
powers conferred by Act 342, and especially Sections 5a, 5b and Sc thereof; and
WHEREAS the County and the Township desire to proceed with the acquisition and
construction of the facilities which are described and shown on Exhibit A hereto attached and are
hereinafter referred to as the "Project"; and
WHEREAS the County Agency has obtained preliminary plans for the Project and estimates of
$1,250,000 as the total cost of the Project and forty (40) years and upwards as the period of
usefulness of the Project, all of which have been prepared by Giffels-Webster Engineers,
(hereinafter sometimes referred to as the consulting engineers) and have been approved by the Board
of Commissioners of the County and Township Board of Township and will be on file in the office of
the County Agency, said estimates being set forth in Exhibit B hereunto attached; and
WHEREAS in order to provide for the acquisition and construction of the Project by the
County and the financing of the cost thereof by the issuance of County bonds, and for other related
matters, it is necessary for the parties hereto to enter into this contract.
THEREFORE IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES
HERETO AGREE AS FOLLOWS:
1. The parties hereto do hereby approve and agree to the establishment, acquisition,
construction and financing of the Project, as herein provided, under and pursuant to Act 342. The
Township, by way of compliance with Section 29, Article VII, Michigan Constitution of 1963, consents
and agrees to the location of portions of the Project within the corporate boundaries of the
Township and to the use by the County of its streets, highways, alleys, lands, rights-of-way or
other public places for the purpose and facilities of the Project and any improvements, enlargements
or extensions thereof, and the Township further agrees that, in order to evidence and effectuate the
foregoing agreement and consent, it will execute and deliver to the County such grants of easement,
right-of-way, license, permit or consent as may be requested by the County.
2. The Project shall consist of the sanitary sewage collection and disposal facilities
described on Exhibit A attached hereto, which facilities are more particularly set forth in the
preliminary plans which have been prepared and submitted by the consulting engineers, which plans
are on file with the County Agency and are approved and adopted. The Project shall be acquired and
constructed substantially in accordance with the said preliminary plans and in accordance with final
plans and specifications to be prepared and submitted by the consulting engineers, but variations
therefrom which do not materially change the location, capacity or overall design of the Project,
and which do not require an increase in the total estimated cost of the Project, may be permitted on
the authority of the County Agency. Other variations or changes may be made if approved by the
County Agency and by resolution of the Township Board of the Township and if provisions required by
Paragraph 8 hereof are made for payment or financing of any resulting increase in the total
estimated cost. The estimate cost of the Project and the estimate of period of usefulness thereof
as set forth in Exhibit B are approved and adopted.
3. The County Agency shall take or cause to be taken all actions required or necessary,
in accordance with Act 342, to procure the issuance and sale of bonds by the County, in one or more
series, in whatever aggregate principal amount is necessary to be so financed to defray that part of
the total cost of the Project which is in excess of funds available from other sources. Such bonds
shall be issued in anticipation of, and be payable primarily from, the payments to be made by the
Township to the County as provided in this contract, and shall be secured secondarily, if so voted
by the Board of Commissioners of the County, by the pledge of the full faith and credit of the
County, and the said bonds shall be payable in annual maturities the last of which shall be not more
than forty (40) years from the date thereof.
4. The County Agency shall proceed to take construction bids for the Project and, subject
to the sale and delivery of said bonds, enter into construction contracts with the lowest
responsible bidder or bidders, procure from the contractors all necessary and proper bonds, cause
the Project to be constructed in accordance with the final plans and specifications within a
reasonable time, and do all other things required by this contract and the laws of the State of
Michigan. All certificates for required payments to contractors shall be approved by the consulting
engineers before presentation to the County Agency and the latter shall be entitled to rely on such -
approval in making payment.
The County agrees that it will secure and maintain, or cause to be secured and maintained,
during the period of construction adequate property damage and public liability insurance covering
all facilities to be constructed pursuant to this contract. All policies and memoranda of insurance
shall provide that the County and the Township shall be insured parties thereunder and shall contain
a provision requiring that the Township be notified at least thirty days prior to cancellation
thereof. One copy of each policy and memorandum of insurance shall be filed with the Township.
5. It is understood and agreed by the parties hereto that the Project is to serve the
Township and not the individual property owners and users thereof, unless by special arrangement
between the County Agency and the Township. It is the responsibility of the Township to require
connection to and use of the facilities of the Project and to provide such additional facilities as
may be needed in the future, and the Township shall cause to be constructed and maintained, directly
or through the County, any such necessary additional facilities. The County shall not be obligated
hereunder to acquire or construct any facilities other than those designated in paragraph 2 hereof.
6. The Township shall pay to the County the total cost of the Project, less such funds as
may become available from other sources. The total cost for this purpose shall include, in addition
to the items of the nature set forth in Exhibit B (represented by the principal amount of the bonds
to be issued by the County), all interest payable by the County on said bonds and all paying agent
fees and other incidential expenses and charges (including the County Agency's administrative
expenses) which are payable on account of said bonds (such fees, expenses and charges being herein
called "bond service charges"). Such payments shall be made to the County in annual or semiannual
Commissioners Minutes Continued. February 13, 1992 27
installments which shall be due and payable at least thirty days prior to the day of the month
specified in the County bonds as the annual principal maturity date thereof or semiannual' interest
date. Such installments shall be so paid in each year that any principal or non-capitalized
interest on the bonds falls due during the twelve-month period beginning on such principal maturity
date in said year, and the amount of each installment so due and payable shall be at least
sufficient to pay all such principal and interest thus falling due and all bond service charges then
due and payable. The County Agency, within thirty days after delivery of the County bonds to the
purchaser, shall furnish the Township Treasurer with a complete schedule of the principal and
interest maturities thereon, and the County Agency, at least thirty days before each payment is due
to be made by the Township, also shall advise the Township Treasurer of the amount payable to the
County on such date. If the Township fails to make any payment to the County when due, the same
shall be subject to a penalty of 1% thereof for each month or fraction thereof that such amount
remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice
as above required shall not excuse the Township from the obligation to make payment when due. Such
payments shall be made by the Township when due whether or not the Project then has been completed
or placed in operation. In the event that additional County bonds shall be issued under the
authority of this contract to defray a part of the cost of the Project, the foregoing obligations
shall appply to such part of the cost and to said additional bonds insofar as appropriate thereto.
7. The Township may pay in advance any amount payable to the County pursuant to this
contract and in that event shall be credited therefor on future-due amounts as may be agreed by the
parties hereto. The Township also may pay in advance any one or more installments or any part
thereof (a) by surrendering to the County any of said County bonds of like principal amount or (b)
paying to the County in cash the principal amount of any County bonds which are subject to
redemption prior to maturity, plus all interest thereon to the first date upon which such bonds may
be called for redemption, and plus all applicable call premiums and bond service charges, and in
such event the County Agency shall call said bonds for redemption at the earliest possible date;
provided, however, that such advance cash payment and credit therefor shall be limited in amount at
any given time to the amount of bonds available for redemption by call within the twelve-month
period succeeding the date of the advance cash payments. The installments or parts thereof so
prepaid shall be deemed to be the installments or parts thereof falling due in the same calendar
year as the maturity dates of the bonds surrendered or called for redemption and bonds so
surrendered or redeemed shall be cancelled.
8. In the event that it shall become necessary to increase the estimated cost of the
Project as hereinbefore stated, or if the actual cost of the Project shall exceed the estimated
cost, whether as the result of variations or changes permitted or needed to be made in the approved
plans or otherwise, then (without execution of any further contract or amendment of this contract)
the Township Board, by resolution adopted within fifteen days after the receipt of construction
bids, may direct that a portion of the Project not yet acquired or constructed and not under
contract to be acquired or constructed be deleted sufficient to reduce the total cost to any amount
which shall not exceed the total estimated cost of the Project by more than 5%; provided that such
deletion shall not change the general scope, overall design, and purpose of the Project. Upon the
adoption of such a resolution the Township shall pay or procure the payments of the increase or
excess up to said 5% in cash or shall agree that County bonds in an increased or additional amount
shall (upon adoption of an authorizing resolution therefor by the Board of Commissioners) be issued
to defray such increased or excess cost, to the extent that funds therefor are not available from
other sources. Where the effect of any increase in the estimated cost of the Project or of any
excess of actual cost over estimated cost would be to cause the total cost of the Project to exceed
by more than 5% its total estimated cost as hereinbefore stated, the County shall not enter into any
new or further contract or change order for acquisition or construction of the Project or any part
thereof or incur any new or further obligation for or pay any new or further item of cost thereof
until the Township Board shall have adopted a resolution approving such increase or excess and
agreeing that the same (or such part thereof as is not available from other sources) shall be paid
or its payment procured by the Township in cash or be defrayed by the issuance of increased or
additional County bonds in anticipation of increased or additional payments agreed to be made by the
Township to the County in the manner hereinbefore provided; provided, further, that the adoption of
such resolution by the Township Board shall not be required prior to or as a condition precedent to
the issuance of additional bonds by the County, if the County has previously issued or contracted to
sell bonds to pay all or part of the cost of the Project and the issuance of the additional bonds is
necessary (as determined by the County) to pay such increased, additional or excess costs as are
essential to completion of the Project according to the plans as last approved prior to the time
when the previous bonds were issued or contracted to be sold.
9. If the actual cost of the Project is less than the total estimated cost, any surplus
available to the County from the sale of County bonds, at the option of the Township Board, shall be
used to improve, enlarge or extend the Project, to apply upon future payments due to the County to
redeem bonds maturing or callable for payment within one year, or to purchase bonds of any maturity
on the open market, provided that such surplus shall be used to improve, enlarge or extend the
Project only if authorized by the Board of Commissioners. Any such surplus to be used for the
purpose of improving, enlarging or extending the Project may be supplemented by cash payments to be
made by the Township or by the proceeds of additional County bonds, or such improvements,
enlargements or extensions may be financed entirely from such cash payments, if authorized by the
Township Board. If any such surplus is used to redeem or purchase bonds, the same shall be
cancelled, and the payments thereafter required to be made by the Township to the County shall be
reduced so as to reflect the resulting saving of interest and the payment required to be made by the
Township in the calendar year of the stated maturity of said bonds shall be reduced by the principal
amount thereof.
28
Commissioners Minutes Continued. February 13, 1992
10. Should the Township fail for any reason to pay the County at the times specified the
amounts herein required to be paid, the Township hereby authorizes the State Treasurer or other
official charged with the disbursement of unrestricted state funds returnable to the Township
pursuant to the Michigan constitution to withhold sufficient funds to make up any default or
deficiency in funds. If the full faith and credit of the County are pledged for the prompt payment
of the principal of and interest on the bonds to be issued by the County and if the County is
required to advance any money by reason of such pledge on account of the delinquency of the
Township, the County Treasurer is authorized hereby to notify the State Treasurer to deduct the
amount of money so advanced by the County from any unrestricted moneys in the State Treasurer's
possession belonging to the Township and to pay such amount to the County.
The foregoing shall not operate to limit the County's right to pursue any other legal
remedies for the reimbursement of moneys advanced on account of the default of the Township.
11. The Township, pursuant to the authorization of Section 5a of Act No. 342, hereby
pledges its full faith and credit for the prompt and timely payment of its obligations expressed in
this contract and shall each year levy a tax in an amount which, taking into consideration estimated
delinquencies in tax collections, will be sufficient to pay its obligations under this contract
becoming due before the time of the following year's tax collections; provided, however, that if at
the time of making its annual tax levy, the Township shall have on hand cash or other funds which
have been set aside and pledged or are budgeted or otherwise available for the payment of such
contractual obligations falling due prior to the time of the next tax collection, then the annual
tax levy may be reduced by such amount. Taxes levied by the Township shall be subject to
constitutional tax rate limitations. The Township Board each year, at least 90 days prior to the
final date provided by law for the making of the annual tax levy, shall submit to the County agency
a written statement setting forth the amount of its obligations to the County which become due and
payable under this contract prior to the time of the next following year's tax collections, the
amount of the funds which the Township has or will have on hand or to its credit in the hands of the
County which have been or will be set aside and pledged for payment of said obligations to the
County, and the amount of the Township taxes next proposed to be levied for the purpose of raising
money to meet such obligations. The County Agency shall review such statement promptly and, if he
finds that the proposed tax levy is insufficient, he shall so notify the Township Board, and the
Township hereby covenants and agrees that it thereupon will increase its levy to such extent as may
be required by the County Agency. It is understood that the Township intends to pay its obligations
from the proceeds of special assessments.
12. No change in the jurisdiction over any territory in the Township shall impair in any
manner the obligations of this contract or affect the obligations of the Township hereunder. In the
event that all or any part of the Territory of the Township is incorporated as a new city or village
or is annexed to or becomes a part of the territory of another municipality, the municipality into
which such territory is incorporated or to which such territory is annexed shall assume the proper
proportionate share of the contractual obligations (including the pledge of full faith and credit)
of the township, which proper proportionate share shall be fixed and determined by the County Agency
and shall be binding upon all parties concerned unless, within sixty (60) days after such
incorporation or annexation becomes effective, the governing body of the municipality into which
such territory is incorporated or to which such territory is annexed and the Township Board of the
Township, by mutual agreement and with the written approval of the county Agency, shall fix and
determine such proper proportionate share. The County Agency, prior to making such determination,
shall receive a written recommendation as to the proper proportionate share from a committee
composed of one representative designated by the Township Board of the Township, one designated by
the governing body of the new municipality or the municipality annexing such territory and one
independent registered engineer appointed by the County Agency. Each governmental unit shall
appoint its representative within fifteen (15) days after being notified to do so by the County
Agency and within a like time the County Agency shall appoint the engineer third member. If any
such representative (other than the appointee of the County Agency) is not appointed within the time
above provided, then the County Agency may proceed without said recommendation. If the committee
shall not make the recommendation within forty-five (45) days after its appointment or within any
extension thereof by the county Agency, then the County Agency may proceed without such
recommendation.
13. This contract is contingent upon the County issuing its negotiable bonds as herein
provided, to defray such part of the total estimated cost of the Project as is necessary to be
financed, which bonds shall be issued under the authorization provided in Section 5a, 5b and 5c of
said Act 342. Interest on the bonds may be capitalized and paid from the bond proceeds for a period
not exceeding the estimated construction period and one year thereafter, in the event that the
bonds are not issued within five years from the date of this contract, it shall become null and void
unless extended by mutual agreement, except that the Township shall pay all engineering, legal and
other costs and expenses theretofore incurred hereunder and shall be entitled to all plans,
specifications and other engineering data and materials. The Township shall have the right to
terminate this contract by written notice hand delivered to the County Agency if bonds have not been
issued prior to January 1, 1992.
14. Upon completion of the Project it shall be operated and maintained in accordance with
a supplemental agreement between the Township and the County.
If a grant, advance or payment becomes available from the state or federal government or
any other source, the Township hereby agrees to adopt such resolutions or ordinances as may be
required by state or federal laws, regulations or orders to make the County and the Project eligible
to accept and receive the grant, advance orE payment, and if the terms of the grant, advance or
payment require a local contribution, the Township hereby agrees to raise and make such local
contribution.
Commissioners Minutes Continued. February 13, 1992 29
15. The County shall have no obligation or responsibility for providing facilities except
as herein expressly provided with respect to the acquisition of the Project or as otherwise provided
by contract. The Township shall have the authority and the responsibility to provide such other
facilities and shall have the right to expand the facilities of the Project by constructing or
extending sewers or related facilities, connecting the same to the Project, and otherwise improving
the Project. It is expressly agreed, nevertheless, that no such connection shall be made to the
Project and no improvements, enlargements or extensions thereof shall be made without first securing
a permit therefor from the County Agency. Any such permit may be made conditional upon inspection
and approval of new construction by the County Agency. It is further agreed that the Project shall
be used for collection and conveyance of sanitary sewage only and that the Township shall take all
necessary and lawful action to prevent entry into the Project of storm waters and also to prevent
entry of sewage or wastes of such a character as to be injurious to the Project or to the public
health and safety.
16. All powers, duties and functions vested by this contract in the County shall be
exercised and performed by the County Agency, for and On behalf of the County, unless otherwise
provided by law or in this contract. The County Agency shall prepare, with the aid of its
consultants, such covenants, representations and warranties and have adopted by officials of the
County and of the Township such procedures for construction, accounting, payment and operating as
are necessary to comply with the requirements of state and federal law in order to create and
maintain the obligations of the township and of the County under this contract and with respect to
the bonds as valid and binding obligations and in order to assure that the interest on the bonds is
excludable from gross income for federal income tax purpoSes. Such covenants, representations and
warranties and such procedures shall be evidenced by and set forth in certificates or resolutions
prepared for the County Agency which the Township and the County agree to approve, execute and adopt
at or prior to issuance and delivery of any bonds.
17. The parties hereto recognize that the holders from time to time of the bonds to be
issued by the County under the provisions of Act 342, and secured by the full faith and credit
pledge of the Township as specified in paragraph 11 above to the making of the payments as set forth
in this contract, will have contractual rights in this contract relating to the payment of the
bonds, and it is therefore covenanted and agreed that so long as any of said bonds shall remain
outstanding and unpaid, the provisions of this contract shall not be subject to any alteration or
revision which in any manner affect adversely either the security of the bonds or the prompt payment
of principal or interest thereon. The right to make .changes in this contract, by amendment,
supplemental contract or otherwise, is nevertheless reserved insofar as the same do not have such
adverse effect. The parties hereto further covenant and agree that they will comply with their
respective duties and obligations under the terms of this contract promptly, at the times and in the
manner herein set forth, and will not suffer to be done any act which would in any way impair the
contract or said bonds, the security therefor, or the 'prompt payment of principal of interest
thereon. It is hereby declared that the terms of this contract and of any amendatory or
supplemental contract and any contract entered into pursuant hereto, insofar as they pertain to said
bonds or to the payment or the security thereof, shall be deemed to be for the benefit of the
holders of said bonds.
18. In the event that any one or more of the provisions of this contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provisions hereof, but this contract shall be
construed as if such invalid, illegal or unenforceable provision has never been contained herein.
19. This contract shall become effective upon its execution by each party hereto and the
expiration of 45 days after the date of publication of the notice required by Section 5b of Act 342;
provided, however, that if, within the 45-day period, a proper petition is filed with the Township
Clerk with the Township in accordance with the provision of said Section 5b of Act 342 then this
contract shall not become effective until approved by the 'vote of a majority of the electors of the
Township qualified to vote and voting thereon at a general or special election. This contract shall
terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed;
provided, however, that it shall not be terminated at any time prior to the payment in full of the
principal of and interest on the county bonds together with all bond service charges pertaining to
said bonds. This contract may be executed in several counterparts. The provisions of this contract
shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have daused this contract to be executed and
delivered by the undersigned, being duly authorized by the respective governing bodies of such
parties, all as of the day and year first above written. '
COUNTY OF OAKLAND
By:
Supervisor County Drain Commissioner
(County Agency)
By:
Township Clerk
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
John Olsen, Chairperson
Moved by Olsen supported by Huntoon the resolution be adopted.
TOWNSHIP OF OAKLAND
By:
30
Commissioners Minutes Continued. February 13, 1992
AYES: Jensen, Johnson, Krause, Law, McConnell, McCulloch, McPherson, Millard, Moffitt,
Oaks, Olsen, Palmer, Pappageorge, Pernick, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell,
Crake, rerrens, Gosling, Huntoon. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 92015
By Planning and Building Committee
IN RE: CORPORATION COUNSEL, REAL ESTATE SECTION - PERMANENT EASEMENT FOR WATERMAIN, U.S. ARMY
RESERVE CENTER, WATERFORD TOWHSHIP
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Department of the Army, through the U.S Government, has a lease with the
County of Oakland for property located at 2650 Watkins. Lake Road (United States Army Reserve
Center); and
WHEREAS in 1989, the U.S Army Corp of Engineers began construction on and addition to the
leased facility located at 2650 Watkins Lake Road (U.S. Army Reserve Center); and
WHEREAS with the addition of the U.S Army Reserve Center, it was necessary to extend the
existing watermain and appurtenances; and
WHEREAS the Township of Waterford requires a Bill of Sale and Easement for the maintenance
of said system; and
WHEREAS the Department of Army, through the U.S. Government, has given the Township of
Waterford a Bill of Sale covering the new watermain and appurtenances; and
WHEREAS it is the Obligation of the County of Oakland to grant the permanent easement
to the Township of Waterford for maintenance of this watermain and appurtenances; and
WHEREAS with the conveyance of this easement to the Township of Waterford, all liability
and maintenance of the watermain and appurtenances will be transferred to the Township of Waterford;
and
WHEREAS the County Executive recommends the granting of this easement to the Township of
Waterford.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves •
granting the permanent easement to the Township of Waterford for watermain and appurtenances
liability and maintenance.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its
Chairperson to execute the necessary documents to effect the same.
Mr. Chairperson, on behalf of the planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE COMMITTEE
John Olsen, Chairperson
Moved by Olsen supported by McConnell the resolution be adopted.
AYES: Johnson, Krause, Law, McConnell, McCulloch, Millard, Moffitt, Oaks, Olsen, Palmer,
Pappageorge, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling,
Huntoon, Jensen. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 92016
By Planning and Building Committee
IN RE: CORPORATION COUNSEL, REAL ESTATE SECTION - QUIT CLAIM OF PERMANENT EASEMENTS, CRANBROOK
EDUCATIONAL COMMUNITY SCHOOLS, BLOOMFIELD HILLS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland obtained permanent easements across tax parcel
19-23-101-002, located in the City of Bloomfield, for the purpose of constructing and maintaining
the North Evergreen Sewage Disposal System; and
WHEREAS the property is owned by Cranbrook Educational Community and presently houses the
Cranbrook School Campus; and
WHEREAS it was determined that certain portions of the existing sanitary sewer needed to
be replaced; and
WHEREAS the County of Oakland replaced said inoperative portion of the sanitary sewer
system; and
WHEREAS the County of Oakland and the property owner, Cranbrook Educational Community,
agreed to relocate portions of the new sanitary sewer in a different location to be consistent with,
or suitable for future development; and
WHEREAS Cranbrook Educational Community has agreed to dedicate new permanent easements in
exchange for the Quit Claim of existing easements; and
WHEREAS James Porter, P.E., Chief Engineer, Water and Sewer, Department of Public Works,
Oakland County, recommends the Quit Claim of these easements in exchange for new permanent
easements.
Commissioners Minutes Continued. February 13, 1992 1 31
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
quit claim of these easements in exchange for new permanent easements, and further directs its
Chairperson to execute the necessary documents to effect the same.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE -
John Olsen, Chairperson
Moved by Olsen supported by McConnell the resolution be adopted,
AYES: Krause, Law, McConnell, McCulloch, Millard, Moffitt, Oaks, Olsen, Palmer,
Pappageorge, Pernick, Schmid, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling,
Huntoon, Johnson. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 92017
By Planning and Building Committee
IN RE: WATER & SEWAGE OPERATIONS DIVISION - AMENDMENT NO. 4 TO WASTEWATER DISPOSAL AGREEMENT, CITY
OF DETROIT - COUNTY OF OAKLAND (CLINTON-OAKLAND DISTRICT)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS on February 5, 1968, the County of Oakland. Michigan, and the City -of Detroit,
Michigan, entered into a written agreement providing for the terms and conditions under which the
City of Detroit would accept and treat sewage from the Clinton-Oakland Sewage Disposal District,
hereinafter referred to as the "District'; and
WHEREAS on January 29, 1973, the County of Oakland, Michigan, and the City of Detroit,
Michigan, entered into an amendatory Agreement No. 1; and
WHEREAS on June 13, 1983, the County of Oakland, Michigan, and the City of Detroit,
Michigan, entered into an amendatory Agreements No. 2 and No. 3; and
WHEREAS the original agreement and all amendatory agreements provide for a specific
service area to be served by the City of Detroit specifically excluding the old portion of the City
of Rochester, Michigan; and
WHEREAS in a letter dated February 26, 1991, the City of Rochester has requested that the
old portion of the City of Rochester be included as part of the Clinton-Oakland District and
provided sewage disposal treatment by the City of Detroit.
NOW THEREFORE BE IT RESOLVED that the Amendment No. 4 to Wastewater Disposal Agreement,
City of Detroit - County of Oakland (Clinton-Oakland District) which includes the City of Rochester
in the Clinton-Oakland service area to be served by the City of Detroit is hereby approved and the
County Executive is hereby authorized and directed to execute said agreement on behalf of the County
of Oakland.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
John Olsen, Chairperson
Copy of Amendment No. 4 on file in the County Clerk's Office.
Moved by Olsen supported by Gosling the resolution be adopted.
AYES: Law, McConnell, McCulloch, McPherson, 1 Millard, Moffitt, Oaks, Olsen, Palmer,
Pappageorge, Pernick, Schmid, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling,
Huntoon, Jensen, Johnson, Krause. (24) !
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 92018
By Planning and Building Committee
IN RE: SOLID WASTE MANAGEMENT - PUBLIC INFORMATION AND EDUCATION PROGRAM CONTRACT EXTENSION -
STONE, AUGUST, BAKER
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there is a great need to provide accurate information to all citizens of Oakland
County regarding the Solid Waste Management System, therefore by Miscellaneous Resolution #90298,
the Board of Commissioners approved a contract with the communications firm of Stone, August, Baker
for the development of a long-range Information Education Plan (Part I) which included measurement
of public opinion and attitudes and for assistance to the Department of Solid Waste Management in
the early efforts to implement the Solid Waste system (Part II, Phase I); and
WHEREAS said assistance to the Department of Solid Waste Management has been provided in
as much as possible in light of the many changes and delays which have occurred in the
implementation plans; and
WHEREAS such a long range information education plan has been developed which incorporates
the new time schedule for implementation of the system including an initial six month start-up
32
Commissioners Minutes Continued. February 13, 1992
effort to bring additional municipalities into the system; and
WHEREAS Said plan also sets forth a longer 18 month effort in order to provide public
information and education services to insure that all county residents, persons employed in the
County's businesses and industries, and the many government leaders are fully informed about the
benefits of the system and how they can participate in it; and
WHEREAS the initial contract contained this additional Phase 2 of Part II for a massive
information effort.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does herewith
approve the attached extension of the contract with Stone, August, Baker in the total amount not to
exceed $130,000.00 for Part II, Phase 2 for the year 1992 which includes only the initial six-month
start-up effort.
BE IT FURTHER RESOLVED that additional funding for on-going efforts will be requested
after the start-up phase is completed and a presentation of the results is made to the System's
Solid Waste Board Executive Committee who will develop a recommendation for the Board of
Commissioners.
BE IT FINALLY RESOLVED that the Chairperson of the Board of Commissioners and the County
. Executive are herewith authorized to sign the contract documents on behalf of the County.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
John Olsen, Chairperson
Copy of Amendment to Agreement between Oakland County, Michigan and Stone, August, Baker
Communication Companies on file in County Clerk's Office.
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 92019
By Planning and Building Committee
IN RE: CENTRAL SERVICES/RADIO COMMUNICATIONS - CONTRACT WITH THE OAKLAND COUNTY ROAD COMMISSION FOR
A RADIO TOWER SITE - THEIR DAVISBURC DISTRICT SITE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners, on MR 90281, 12/13/90, awarded a contract for the
construction of an 800 MHz county-wide communication system; and
WHEREAS such a system involves the construction of radio communication towers at various
locations throughout the county; and
WHEREAS one of the planned tower sites was to be located on Oakland County Road Commission
property, located at 10275 Dixie Hwy., Davisburg, MI; and
WHEREAS the Radio Communications Oversite Committee, created on MR 91247, 12/12/91, has
negotiated a contract with the Oakland County Road Commission for use of their property in exchange
for use by them of the 800 MHz tower and microwave system; and
WHEREAS MR 82176, 6/3/82, requires that all intergovernmental agreements be approved by
the Chairperson of the Board of Commissioners; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached contract with the Oakland County Road Commission and authorizes the Chairperson of the
Board to execute said contract in accordance with MR 82176.
BE IT FURTHER RESOLVED that this contract shall also be signed by the County Executive in
order to be consistent with other system tower site contracts which do not involve other governments
or government agencies.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
John Olsen, Chairperson
Copy of Agreement Re: Communication Tower, Davisburg District, on file in County Clerk's
Office.
Moved by Olsen supported by Jensen the resolution be adopted.
AYES: McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer,
Pappageorge, Pernick, Price, Schmid, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens,
Gosling, Huntoon, Jensen, Johnson, Krause, Law. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. February 13, 1992 33
Misc. 92020
By Planning and Building Committee
IN RE: CENTRAL SERVICES/RADIO COMMUNICATIONS - CONTRACT WITH INDEPENDENCE TOWNSHIP FOR A RADIO
TOWER SITE ON THEIR DPW PROPERTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners, on MR 90281, 12/13/90, awarded a contract for the
construction of an 800 MHz county-wide communication system; and
WHEREAS such a system involves the construction of radio communication towers at various
locations throughout the county; and
WHEREAS the County and Motorola were unable to construct a tower in a timely fashion at
the Independence Oaks County Park as planned due to opposition from local sources and a federal
agency; and
WHEREAS the Radio Communications Oversite Committee, created on MR 91247, 12112/91, has
negotiated a contract with Independence Township for construction of a tower on their DPW property;
and
WHEREAS MR 82176, 6/3/82, requires that all intergovernmental agreements be approved by
the Chairperson of the Board of Commissioners; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached contract with Independence Township and authorizes the Chairperson of the Board to execute
said contract in accordance with MR 82176.
BE IT FURTHER RESOLVED that this contract shall also be signed by the County Executive in
order to be consistent with other system tower site contracts which do not involve other governments
or government agencies.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
John E. Olsen, Chairperson
Copy of Agreement Granting License for Oakland County Radio Transmission Tower
[Independence Townshipl on file in County Clerk's Office.
Moved by Olsen supported by Millard the resolution be adopted.
Moved by Olsen supported by Millard the resolution be amended as follows:
Delete Paragraph 8 from the proposed contract and the following be substituted
therefore:
8. That the County expressly agrees to allow the Board to use said tower,
building and related facilities, use of space on five towers and use of eight
microwave channels, in perpetuity. There shall be no charge to the Board for
the use of such facilities."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick,
Price, Schmid, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen,
Johnson, Krause, Law, McConnell. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Misc. 92021
By Public Services Committee
IN RE: BOARD OF COMMISSIONERS - APPROVAL OF "A COMPREHENSIVE PLAN FOR COMMUNITY CORRECTIONS"
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recommends
approval of the attached Comprehensive Plan for Community Corrections, as submitted by the Community
Corrections Advisory Board, and its submission to the State Office of Community Corrections.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
John P. McCulloch, Chairperson
The Chairperson referred the resolution to the Personnel Committee and the Finance
Committee. There were no objections.
34 •
Commissioners Minutes Continued. February 13, 1992
Misc. 92022
By Public Services Committee
IN RE: DEPARTMENT OF PUBLIC SERVICES/CIRCUIT COURT PROBATION DIVISION - STUDENT INTERN/CASE AIDE
GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the original application for the Student Intern/Case Aide Grant (Probation
Enhancement Grant) requested a funding level of $69,140, to cover the period October 1, 1991 through
September 30, 1992; and
WHEREAS this Student Intern/Case Aide Grant (Probation Enhancement Grant) has been awarded
funding in the amount of $23,948, as approved by the Michigan Department of Corrections; and
WHEREAS the award stipulates this funding level for the period October 1, 1991 through
March 31, 1992; and
WHEREAS the award for $23,948 is approximately a sixty-five percent (65%) variance from
the grant application of $69,140 as detailed in the attached schedule; and
WHEREAS funding to continue the program beyond March 31, 1992 must go through another
application process; and
WHEREAS the grant award contract has been reviewed and approved as to legal sufficiency by
the Office of Corporation Counsel; and
WHEREAS this program is lOn state funded and does not obligate the County to further
commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the
1991-1992 Student Intern/Case Aide Grant (Probation Enhancement Grant) in the amount of $23,948.
BE IT FURTHER RESOLVED that the future level of service including personnel, be contingent
upon the level of state funding available for this program.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the
grant agreement and to approve amendments and extensions up to fifteen (15) percent variance from
the award, consistent with the agreement as originally approved.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
John P. McCulloch, Chairperson
Copy of Amendment Agreement BetWeen the State of Michigan and Oakland County Service
Program on file in County Clerk's Office.
Fiscal Note (Misc. 92022)
By Finance Committee
IN RE: DEPARTMENT OF PUBLIC SERVICES/CIRCUIT COURT PROBATION DIVISION - STUDENT INTERN/CASE AIDE
GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of his Board, the Finance Committee has reviewed Miscellaneous
Resolution #92022 and finds:
1) The original application for the Student Intern/Case Aide Grant (Probation Enhancement
Grant) requested a funding level of $69,140, to cover the period of October 1, 1991 through
September 30, 1992
2) The Michigan Department of Corrections has awarded funding in the amount of $23,948 to
cover the period of October 1, 1991 through March 31, 1992.
3) The award for $23,948 is approximately a sixty-five percent (65%) variance from the
grant application as detailed in the attached schedule.
4) Any additional funding for this grant beyond March 31, 1992 will require another
application process.
5) This grant is 100% State funded and does not obligate the County to further commitment.
6) Future level of service, including personnel, will be contingent upon the level of
State funding available for this program.
7) The following amendments to the 1992 Adopted Budget are recommended:
Revenue
3-27374-179-01-00-2185 Grant Revenue $23,948
Expenses
4-27374-179-01-00-1001 Salaries $19,548
4-27374-179-01-00-3409 Indirect Costs 2,900
4-27374-179-01-00-3574 Travel 1,500
$23,948
$ -O-
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by McCulloch supported by Krause the resolution be adopted.
Moved by McCulloch supported by Caddell the Fiscal Note be accepted.
A sufficient majority having voted therefor, the Fiscal Note was accepted.
12:50 P.M.
LYNN D. ALLEN
Clerk
LARRY CRAKE
Chairperson
Commissioners Minutes Continued. February 13, 1992 35
Vote on resolution:
AYES: McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price,
Schmid, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
Krause, Law, McConnell, McCulloch. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioner Pappageorge stated the veto of Miscellaneous Resolution #91257 by the County
Executive was received by the Board. Moved by Pappageorge supported by Huntoon the Board override
the Veto of Resolution #91257 (PROFESSIONAL SERVICES CONTRACT POLICY REVISION).
Commissioner Bishop stated the correct wording should be "Should the veto of Resolution
#91257 by the County Executive be sustained?"
Corporation Counsel stated Commissioner Pappageorge's wording was clear to everyone so it
could stand as stated.
The Chairperson stated it takes a 2/3 vote to override the veto.
The vote on the motion to override the veto was as follows:
AYES; Millard, Moffitt, Olsen, Pappageorge, Schmid, Crake, Huntoon, Johnson, Law,
McConnell, McPherson. (11)
NAYS: Oaks, Palmer, Pernick, Price, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell,
Ferrens, Gosling, Jensen, Krause, McCulloch. (15)
A sufficient majority not having voted therefor, the motion failed, and the veto was
sustained.
The Chairperson declared a 10 minute recess.
The Board reconvened at 12:50 A.M.
Roll called.
PRESENT: Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
Krause, Law, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappagecrge,
Pernick, Price, Schmid, Serra, Skarritt, Wolf. (26)
ABSENT: None. (0)
Quorum present.
Commissioner Pappageorge placed in nomination Lawrence A. Obrecht of Lake Orion to fill
the vacancy in County Commissioner District #16.
Commissioner Pernick nominated Sandra J. Teague of Lake Orion.
There were no further nominations and the nominations were declared closed.
Vote for Obrecht: Moffitt, Olsen, Palmer, Pappageorge, Schmid, Skarritt, Wolf, Bishop,
Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Law, McConnell, McCulloch, Millard. (18)
Vote for Teague: Oaks, Pernick, Price, Serra, Aaron, Ferrens, Krause, McPherson. (8)
A sufficient majority having voted therefor, Lawrence A. Obrecht declared elected County
Commissioner for District #16.
In accordance with Rule XXII, the following referrals were made by the Chairperson:
GENERAL GOVERNMENT
a. MAC- Closing Tax Loopholes for Mobile Homes, SB 291, HB 4151-4152
PLANNING AND BUILDING
a. City of Novi - Relocation of 52nd District Court/lst Division
PUBLIC SERVICES
a. City of Novi - Relocation of 52nd District Court/lst Division
b. U.S. Dept. of Justice/National Institute of Corrections - Criminal Justice System
Review
c. Probate Court Judges - Probate Court Expansion of East Wing, Court House
OTHERS
Full Management Ad Hoc
a. Community Mental Health Services Board (Support) Full Management
Management & Budget
a. Equalization-Ind. Fac. Ex. in Excess of 55 SEV, Blinds & Designs, Inc, City of Wixom
b. Equaliaation-Ind. Fac. Ex. in Excess of 55 SEV, Electro-Mechanical Products, Inc.,
City of Auburn Hills
The next meeting of the Board will be March 5, 1992 at 9:30 A.M. The Board adjourned at