HomeMy WebLinkAboutMinutes - 1990.02.08 - 7162OAtai ND COUNTY
Board CA Commissioners
MEETING
February 8, 1990
Meeting called to order by Vice Chairperson Nancy McConnell at 9:40 A.M. in the Courthouse
Auditorium, 1200 N. Telegraph, Pontiac, MI.
Roll called.
PRESENT: Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon,
Jensen, Johnson, Richard Kuhn, Susan Kuhn, Lau, Luxon, McConnell, McCulloch, McPherson, Moffitt,
Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (27)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner Donna Huntoon.
Pledge of Allegiance to the Flag.
Moved by McCulloch supported by Gosling the minutes of the January 4, 1990 meeting be
amended to show Commissioners Gosling, McCulloch and Wolf present for the opening of the meeting,
and the minutes be approved with this correction.
A sufficient majority having voted therefor, the motion carried.
Moved by Olsen suppo:ted by Crake the rules be suspended and the agenda emended and
approved with the following changes:
Under FINANCE COMMITTEE, item J. (Solid Waste - Approve Option to Purchase Additional
Adreage Auburn Hills). Waive Rule XI - Procedure to bring matters to the Board. (Should have been
Planning and Building Resolution).
A sufficient majority having voted therefor, the motion to suspend the rules carried, and
the agenda as amended, was approved.
The Honorable Judge Steven Andrews presented the "STATE OF THE COURT" message.
Drain Commissioner George Kuhn addressed the Board regarding a new "Erosion Control
Manual" the Drain Department has published for sale.
Sue Hysliwiec of Highland Township and Mayor Wallace Holland of Pontiac addressed the
Board.
Vice Chairperson Nancy McConnell vacated the Chair to Chairperson Roy aewold.
Misc. 90002
By Finance Committee
IN RE: Institutional and Human Services/Community mental Health - ARAB/CHALDEAN PROGRAM ENHANCEMENT
ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution 89105 the Community Mental Health Board
applied to the Michigan Department of Mental Health for 69 separate program enhancement requests;
$100,000 $100,000
$111,111
(:11,111)
$100,000
$ -0-
$111,111
(11,110
$100,000
$ -0-
TO
Commissioners Minutes Continued. February 8, 1990
and
WHEREAS one of the requests was to enhance the current Arab/Chaldean Program at a cost of
$100,000; and
WHEREAS the Michigan Department of Mental Health has awarded to the Community Mental
Health Board the Arab/Chaldean Program Enhancement in the amount of $111,111 (11% above application)
of which $100,000 is State funded and $11,111 is County match; and
WHEREAS this is a contracted program, no additional County personnel are required; and
WHEREAS funds are available in the 1990 and 1991 Federal and State Project Match Accounts
to cover the required County match: and
WHEREAS acceptance of this program does not obligate the County to any future commitments.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Arab/Chaldean Enhancement Program from the Michigan Department of Mental Health in the amount of
$111,111.
BE IT FURTHER RESOLVED that the 1990/1991 Biennial Budget be amended as follows:
1990
Revenue
3-22200-166-01-00-2589 State Matching Payments
Expenses
4-22200-166-46-00-3042 Client Services
4-10100-909-01-00-9908 Fed./State Project Match
Mr. Chairperson, on behalf of
resolution.
the Finance Committee, I move the adoption of the foregoing
FINANCE COMMITTEE
O. William Caddell, Chairperson
Moved by Caddell supported by Crake the resolution be adopted.
AYES: Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn
S. Kuhn., Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pernick, Price, Rewold,
Skarritt, Wolf. (24)
NAYS: -None..
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90003
By Finance Committee
IN RE: Computer Services Department - 1989 FOURTH QUARTER DATA PROCESSING DEVELOPMENT APPROPRIATION
TRANSFER
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 1989 Fourth Quarter data
processing development charges in the amount of $434,275 for the governmentally funded County
departments; and
WHEREAS the first three quarters of 1989 included an unnecessary $64,006 appropriation
transfer for Public Works which can be returned to the 1989 Data Processing Development Budget,
leaving a total Fourth Quarter Development transfer need of $370,269; 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 governmentally funded County departments is needed to
fund these development charges.
NOW THEREFORE BE IT RESOLVED the Board of Commissioners has reviewed the 1989 Fourth
Quarter Data Processing Development for user departments and finds $434,275 from the 1989 Data
Processing Development budget and transfers said funds to the appropriate user departments
consistent with the attached schedule.
BE IT FURTHER RESOLVED that the $64,006 appropriated to Public Works
(4-10100-141-01-00-6361) be returned to the Data Processing Development Budget.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Copy of Appropriation Transfer Schedule on file in County Clerk's Office.
Commissioners Minutes Continued. February 8, 1990 11
Moved by Caddell supported by Moffitt the resolution be adopted.
AYES: Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn,
S. Kuhn, Law, Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pa2pageorge, 9ernick, Price, Rewold,
Skarritt, Wolf. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90004
By Finance Committee
IN RE: Department of Management and Budget - POLICY FOR MAINTAINING PROPORTIONATE FUNDING FOR
FEDERAL, STATE AND PRIVATE GRANTS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, on one hand, Oakland County is indeed fortunate to be the beneficiary of a
multitude of Federal, State and Private Grants to augment its broad array of public services; and
WHEREAS, on the other hand, the categorical funding provided by these agencies is often
used to entice local government to undertake programs they could not otherwide afford, and once
established withdraw or reduce funding for program continuation with the expectation that the local
jurisdiction will provide locally generated funds to maintain existing service levels; and
WHEREAS the County's increasing budget stringency will no longer permit the luxury of
funding categorical program priorities established by external agencies.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
establishes a fiscal policy, to be incorporated in the Fiscal Policies Manual, to maintain
proportionate funding for Federal, State and Private Grants.
BE IT FURTHER RESOLVED that if the level of funding is reduced by the grantor agency, one
of the following actions will be taken:
1) A proportionate reduction in local maintenance of effort will be authorized thereby
reducing the total budget and service levels of the categorical program, unless
2) The County Department administratively responsible for the categorical program shall
recommend a repriortization of funds within existing authorized resources to continue the grant
program at desired budget and service levels.
Mr. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Pappageorge the resolution be adopted,
AYES: Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law,
Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt,
Wolf, Caddell. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90005
By Finance Committee
IN RE: Treasurer and Department of Management and Budget - A REVIEW OF ACTUARIAL ASSUMPTIONS AND
REQUEST AUTHORIZATION FOR RETIREMENT APPROPRIATION TRANSFER AND ESTABLISHMENT OF RETIREMENT FRINGE
BENEFIT RATES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS in 1987 the County Board of Commissioners by Miscellaneous Resolution P87280
established the Retirees' Hospitalization Benefit Fund (70545) as a mechanism to actuarilly fund the
liability for vested future health care benefit payments: and
WHEREAS the County has undertaken a systematic program to fund the increasing cost of
providing medical benefits for current and former County employees, including imposition of a
$136.00 annual charge to currently active employees, beginning in 1989; and
WHEREAS the County's Actuary, Gabriel, Roeder, Smith & Company, has determined that the
equivalent cost ($136.00) of funding the accrued liability incurred for Retirees Hospitalization for
all retirees as of December 31, 1988 amounts to $1,080,942 and further indicated that a surplus
existed in the retired life reserve equal to $8.6 million; and
WHEREAS the Retirement Commission, at its June 29, 1989 meeting, approved the transfer of
$1,080,942 from the Retirement Reserve to the Pension Reserve to fund the increased cost of
providing medical benefits in lieu of a 2% improvement factor in annual pension payments; and
WHEREAS the practical results of the Retirement Commission's action are to reduce the
12
Commissioners Mantes Continued. February 8, 1590
required 1990 County contribution to the Retirement Fund for funding pension payments thereby
freeing these monies to be used to supplement funding for the increased costs of Retirees'
Hospitalization Benefits; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorized the
following budget amendment to the Fringe Benefit Fund to enable a transfer of $1,080,942 to the
Retirees' Hospitalization Benefit Fund (70545) for purposes of funding increased costs for retirees'
medical benefits for all retirees as of December 31, 1988.
From:
(4-73500-915-01-00-2077) Retirement Contribution Account $(1,080,942)
To:
(4-73500-915-01-00-2083) Retiree's Hospitalization Account $ 1,080.942
$ -0- '
Mr. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Jensen the resolution be adopted.
AYES: Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon,
McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold,
Skarritt, Wolf, Aaren, Caddell, Chester. (25)
NAYS: None. (0)
A sufficient majority having Veted therefor, the resolution was adopted.
Misc. 90006
By Finance Committee
IN RE: Treasurer and Department of Management and Budget - FRINGE BENEFIT FUND BUDGET AMENDMENTS
REFLECTING CHANGES IN ACTUARIAL ASSUMPTIONS AND METHODS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County's Employee Retirement Trust Fund is currently determined ..be in an
over-funded condition; and
WHEREAS the County's Retirees' Hospitalization Trust Fund is currently determined to have
a significant unfunded liability; and
WHEREAS the County's Actuary, Gabriel Roeder, Smith and Company, was directed by the
Retirement Commission to prepare several alternate actuarial valuations showing the effect of
changes in the actuarial assumptions and methods used in computing system liabilities and related
contributions; and
WHEREAS upon review of the various alternates presented, the Retirement Commission at the
December 5, 1989 meeting adopted the following Alternative Economic Assumptions:
Present Alternative
Interest 7.0% 7.57.
Salary Base 5.5% 5.25%
Spread 1.5% 2.25%
Temporary Medical Inflation No Yes
Funding Method Attained Age Entry Age
WHEREAS the results of this action is to reduce the 1590 County contribution to the
Retirement Fund while increasing the County's contribution to the Retirees' Hospitalization Trust
Fund to bring said funding in line with actuarial funding requirements.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
following Budget amendments to the Fringe Benefit Fund (73500) to reflect the changes in actuarial
assumptions and methods adopted by the Retirement Commission:
1990 1991
From:
(4-73500-915-01-00-2077) Retirement Contribution Account $(3,307,243) $(3,672,163)
To:
(4-73500-915-01-00-2083) Retirees' Hospitalization Account $ 3,307,243 $ 3,672,163
-0- -0-
Mr. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Law the resolution be adopted.
Commissioners Minutes Continued. February 25 9 1990 13
AYES: Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch,
McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop,
Caddell, Calandro, Chester, Crake. (26)
Nays: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Report (Misc. 90007
By Personnel Committee
IN RE: Prosecuting Attorney — ACCEPTANCE OF THE 1990 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above titled Finance Committee resolution,
,reports with the recommendation that the resolution be adopted, provided the following paragraph
be added immediately after paragraph seven (7):
"BE IT FURTHER RESOLVED that Assistant Prosecutor III position 06387
be reclassified to Assistant Prosecutor IV, effective February 17, 1990."
Mr. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the
foregoing report.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
Misc. 90007 •
By Finance Committee
IN RE: Prosecuting Attorney — ACCEPTANCE OF THE 1990 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Prosecuting Attorney applied for continued funding of the
Automobile Theft Prevention Authority (ATPA) Grant for the period January 1, through December
31, 1990 in the amount of $173,791; and
WHEREAS the ATPA has awarded the County $155,140 or 89% of the applied amount as detailed
in attached Schedule A; and
WHEREAS the grant proposes to fund 100% of program expenses and no County match is
required; and
WHEREAS the award includes the upgrade of one (1) Assistant Prosecutor III position
to Assistant Prosecutor IV, which will require the approval of the Personnel Committee; and
WHEREAS the Office of Corporation Council has reviewed the agreement and approved it
as to legal sufficiency; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Prosecuting attorney's 1990 Automobile Theft Prevention Grant Agreement in the amount of $155,140.
BE IT FURTHER RESOLVED that the Prosecuting Attorney's 1990 Automobile Theft Prevention
Grant budget be amended as detailed in attached Schedule B.
BE IT FURTHER RESOLVED that Assistant Prosecutor III position 06387 be reclassified to
Assistant Prosecutor IV, effective February 17, 1990.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be and is hereby
authorized to execute said agreement and to approve minor changes and agreement extensions not to
exceed fifteen (15) percent variance which are consistent with the agreement as approved.
BE IT FURTHER RESOLVED acceptance of this grant does not obligate the County to any future
commitment and continuation of positions is contingent upon continued funding.
Hr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Copy of Schedule B on file in County Clerk's Office.
Moved by Caddell supported by Johnson the report, with amendment, be approved.
A sufficient majority having voted therefor, the motion carried.
Moved by Caddell supported by Johnson the resolution be adopted.
AYES: Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch,
Moffitt, Oaks, Olsen, Pappageorge, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro,
Chester, Crake, Ferrens, (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
14
Commissioners Minutes Continued. February 8, 1990
Misc. 90008
By Finance Committee
IN RE: Prosecuting Attorney - USE OF FORFEITED FUNDS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Section 333.7524 of 1978 Public Act 368 authorizes courts to distribute property
and funds forfeited through narcotic seizure toward the enhancement of law enforcement efforts
relating to the Controlled Substances Act; and
WHEREAS the courts have distributed $23,438 (balance as of 12/31/89) to the County as a
result of the Prosecuting Attorney's forfeiture efforts; and
WHEREAS the Oakland County Prosecuting Attorney has requested a portion of these funds be
used for the purchase and operating cost of six (6) cellular telephones for the Investigation
Division at an approximate cost of $9,360 in 1990 and $5,760 in 1991.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners appropriates
$15,120 from the Law Enforcement Enhancement account (#1-10100-201-054) and transfers same to the
Prosecuting Attorney Department's budget, amending the 1990-1991 Budget as follows:
1990 1991
3-10100-411-01-00-2340 Miscellaneous Revenue $9,360 $5,760
4-10100-411-01-00-6750 Telephone Communications 5,760 5,760
4-10100-411-01-00-8676 Operating Transfer Out - 3,600 --
Communications Fund $ -0- $ -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 Bishop the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch, Moffitt, Oaks,
Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro,
Chester, Crake, Ferrens, Gosling. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90009
By Finance Committee
IN RE: Economic Development - ACCEPTANCE OF THE 1989-1990 AREA DEVELOPMENT OFFICES GRANT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS a report was submitted to the Board of Commissioners for the Economic Development
Group 1989/1990 Area Development Office Grant application in the amount of $45,000; and
WHEREAS the Michigan State Department of Commerce has approved an award of $45,000 to
Oakland County for the period October 1, 1989 through September 30, 1990; and
WHEREAS the total program as approved by the Michigan State Department of Commerce is in
the amount of $96,000 ($45,000 State Grant; $51,000 County Match), as shown in Schedule A; and
WHEREAS the total grant award is for the same amount ($96,000) as awarded for the fiscal
year 1988-1989, with the County matching at least 50% of the State Grant as stated in the State's
policy of grant procedures; and
WHEREAS the 1990 Adopted Budget reflects a budgeted amount in the Area Development Office
Grant for $113,150 in revenues and expenditures; and
WHEREAS the grant agreement has been reviewed and approved as to legal sufficiency by the
Office of Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the
1989/1990 Area Development Office Grant in the amount of $45,000 and the Chairperson of the Board of
Commissioners be and is hereby authorized to execute the agreement.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to approve minor
changes and contract extension, not to exceed a fifteen (15) percent variance, which is consistent
with the contract as approved.
BE IT FURTHER RESOLVED that the 1990 Adopted Budget be amended as follows:
Revenue
3-27349-192-01-00-2185 Grant Revenue $(17,160)
Expenses
4-27349-192-01-00-1001 Salaries $(11,617)
4-27349-192-01-00-2070 Fringes (350)
4-27349-192-01-00-3409 Indirect Cost (5,183)
$(17,150)
$ -0-
BE IT FURTHER RESOLVED that the future level of service shall be contingent upon the level
Commissioners Minutes Continued. February 8, 1990 15
of State funding available for this program.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
C. William Caddell, Chairperson
Copy of Schedule A on file in County Clerk's Office.
Moved by Caddell supported by McCulloch the resolution be adopted.
AYES: Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch, Oaks, Olsen, Pappageorge,
Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling,
Huntoon. (23)
, NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90010
By Finance Committee
IN RE: Public Works Department/Water and Sewer Operations Division - ADDITION OF ONE (1) VEHICLE TO
COUNTY FLEET
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution 87393 of December 8, 1975 the Oakland County
Board of Commissioners adopted a -County policy on assignment of County vehicles"; and
WHEREAS the policy for additional vehicles requires the affirmative recommendation of the
Finance Committee; and
WHEREAS Section G of this policy also 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 Oakland County Public Works Department, Water & Sewer Operations Division, has
made a request to lease one (1) additional vehicle (one ton truck) from the Oakland County Garage
for a Sewage Treatment Plant Operator which was authorized by Miscellaneous Resolution #89179; and
WHEREAS the purchase cost of this vehicle and equipment is $15,540 and said amount is in
the Contingency Account to cover the acquisition cost; and
WHEREAS funds are available in the Water and Sewer Operations budget to cover the monthly
leasing charges; and
WHEREAS the County Executive has approved the expansion of the County Car Fleet.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an expansion of
the County Car Fleet for the one (1) vehicle requested by the Public Works Department Water & Sewer
Operations Division.
BE IT FURTHER RESOLVED that $15,540 be transferred from the Contingency Account to the
Water and Sewer Operations Division to cover the acquisition cost of the one (1) vehicle with
equipment as follows:
4-10100-909-01-00-9900 Contingency $(15,540
4-10100-142-01-00-8665 Water & Sewer Transfer to Motor Pool 13,840
4-10100-142-01-00-8675 Water & Sewer Transfer to Radio Fund 1,700
$ -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 Crake the resolution be adopted.
AYES: Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch, McPherson, Oaks, Olsen,
Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester,
Crake, Ferrens, Gosling, Huntoon, Jensen. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90011
By Finance Committee
IN RE: Department of Solid Waste - APPROVAL OF OPTION TO PURCHASE ADDITIONAL ACREAGE AT THE SOLID
WASTE FACILITY SITE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County is involved in the development of a solid waste system; and
16
Commissioners Minutes Continued. February 8, 1990
WHEREAS the County intends to locate a Waste-to-Energy Facility (WTE) and Material
Recycling Facility (MRF) in Auburn Hills near Giddings and Brown Roads and has executed an option to
purchase approximately 33 acres in accordance with Miscellaneous Resolution #89338; and
WHEREAS with an additional 6.86 acres along the west edge of the optioned property, it may
be possible to install electrical equipment on site to interconnect with the Detroit Edison Power
lines thereby eliminating the need to interconnect at substation located approximately three miles
away; and
WHEREAS this offers the potential of avoiding $4.75 million in costs to interconnect at
the remote location which would be offset by $754,600 cost of this property for a savings of
approximately $4 million and
WHEREAS obtaining an option to purchase this additional property is prudent during the
planning process for the WTE.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby directs
Corporation Counsel to amend the existing option to include additional acreage for electrical
interconnect equipment.
BE IT FURTHER RESOLVED that the price for the additional acreage cannot exceed: the price
established in the existing option and the cost for this option shall not exceed $7,000 which is
authorized from the Department of Solid Waste Professional Services line item
(4-10100-101-01-00-3128) and shall be recovered from the sale of bonds for the solid waste system.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes
and directs the Chairperson of the Board of Commissioners and the County Executive to execute the
attached option to purchase.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Copy of "Addendum - Option to Purchase" on file in County Clerk's Office.
Moved by Caddell supported by Crake the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES': R. Kann, S. Kahh, Laxon, MCCulfech, Moffitt, Olsen, Pappageorge, Pernick, Price,
Rewold, Skarritt, Wolf, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon,
Jensen, Johnson. (22)
NAYS: Law, McPherson, Oaks, Aaron. (4)
A sufficient majority having voted therefor, the resolution was adopted.
Report (Misc. 90012)
By Personnel Committee
IN RE: Institutional and Human Services/Community Mental Health - CREATION OF ONE (I) PART-TIME/
NON-ELIGIBLE TRAINING LEADER - U POSITION FOR THE ADULT DAY PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution, reports with the
recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the
foregoing report.
PERSONNEL COMMITTEE
John P. Calandra, Chairperson
Misc. 90012
By General Government Committee
IN RE: Institutional and Human Services/Community Mental Health - CREATION OF ONE (1) PART-TIME/
NON-ELIGIBLE TRAINING LEADER - U POSITION FOR THE ADULT DAY PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Community Mental Health Adult Day Program provides training in fundamental
living activities to 133 severly and multiply impaired individuals; and
WHEREAS during employee absences, classroom responsibilities are assigned to a supervisor
or a classroom of clients is reassigned to several other classrooms for training by remaining staff;
and
WHEREAS these alternatives for the Adult Day Program are inappropriate programmatically
and would also place Community Mental Health's Medicaid reimbursement eligibibility in jeopardy; and
WHEREAS the Community Mental Health Board requests one part-time/non-eligible 1,000 hour
Training Leader - U position be created to cover for additional employee absenteeism; and
WHEREAS funding is available in the division's budget, and no additional County funding is
Commissioners Minutes Continued. February 8, 1990 I/
required.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commi,=sioner:t
Community Mental Health Board's request to create one (1) part-time/non -eligible 1,000 hour
governmental Training Leader - U position in the Adult Activities Unit of the Community Mental
Health Division.
BE IT FURTHER RESOLVED that future existence of this position will be contingent upon
continuation of State funding at the same level.
Mr. Chairperson, on behalf of rhe General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 90013
By Planning and Building Committee
IN RE: Drain Commissioner - CADDELL DRAIN REFUNDING BONDS - FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Caddell Drainage District previously has issued its Drain Bonds, dated May 1,
1985, in the principal amount of $3,475,000, and this Board of Commissioners, by Resolution No.
85064, adopted February 28, 1985, pledged the full faith and credit of the County of Oakland for the
prompt payment of the principal of and interest on the said Drain Bonds; and
WHEREAS the Drainage Board for the Caddell Drain, by resolution adopted on December 12,
1989, authorized and provided for the issuance of refunding bonds in the aggregate principal amount
of not to exceed $3,500,000 to refund the aforesaid Drain Bonds maturing in the years 1993 through
2004; and
WHEREAS the bonds are to be designated Refunding Bonds, are to be dated as of such date as
the Drainage Board shall determine at the time of sale; shall be in such principal amount and mature
on such dates as shall be determined by the Drainage Board at the time of sale; will bear interest
at a rate or rates not exceeding 81 and will be subject to redemption prior to maturity in
accordance with the provisions of the sale resolution; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a
resolution pledging the full faith and credit of the County for the payment of the Refunding Bonds;
and
WHEREAS it is appropriate that the Refunding Bonds be sold in order to achieve debt
service savings for the City of Farmington Hills, the City of Farmington, the City of Novi and the
County of Oakland.
NOW THEREFORE BE IT RESOLVED:
1. That pursuant to the authorization provided in Section 474 of the Drain Code of 1956,
as amended, the Board of Commissioners of the County of Oakland hereby pledges irrevocably the full
faith and credit of the County of Oakland for the prompt payment of the principal of and interest on
the Caddell Drainage District Reeftmding Bonds and agrees that, in the event any public corporation
assessed shall fail or neglect to account to the County Treasurer of the County of Oakland for the
amount of any special assessment installment and interest when due, the amount thereof shall be
advanced immediately from County funds, and the County Treasurer is directed to make such
advancement to the extent necessary.
2. That in the event that, pursuant to said pledge of full faith and credit, the County
of Oakland advances out of County funds all or any part of an installment and interest, it shall be
the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions
and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such
sums so paid.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 90014
By Planning and Building Committee
IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF OAKLAND COUNTY NORTH HURON
VALLEY/ROUGE VALLEY WASTEWATER CONTROL SYSTEM (CITY OF NOVI) BONDS, SEGMENT 2
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") has acquired capacity in the Wayne County
Rouge Valley Sewage Disposal System (the -Wayne System") existing facilities and in additions
18
Commissioners Minutes Continued. February 8, 1990
thereto to be constructed by Wayne County pursuant to the Wayne County - Oakland County
Construction, Finance. and Service Agreement dated as of February I, 1988, as aMended by the
Amendment to Wayne County-Oakland County Construction, Finance and Service Agreement dated as of
November 1, 1988, and the Second Amendment to Wayne County-Oakland County Construction, Finance and
Service. Agreement dated as of August 1, 1989 (collectively, the "Agreement"); and
WHEREAS this Board of Commissioners has established, under and pursuant to the provisions
of Act 342, Public Acts of Michigan, 1939, as amended (Act 342), a system of sewage disposal
facilities designa t ed as the North Huron Valley/Rouge Valley Wastewater Control. System - Oakland
County and has approved the North Huron Valley/Rouge Valley Wastewater Control System - Oakland
County Contract dated as of February 1, 1988, between the County, by and through the County Drain
Commissioner, and the City of Novi (the "City"), arid revised Exhibits A and B thereto dated as of
November 1, 1988 (collectively, the "Contract,"); and
WHEREAS the Contract provides for the issuance of bonds by the County to defray all or
part of the cost of acquiring and constructing the North Huron Valley/Rouge Valley Wastewater
Control System-Oakland County for the purpose of providing additional capacity in the Wayne System
for the City, said bonds to be Secured by the contractual obligation of the City to pay to the
County amounts Sufficient to pay the principal of and interest On the hereinafter authorized bonds
and to pay such paying agent fees and other expenses as may be incurred on account of said bonds;
and
WHEREAS the County previously issued its North Huron Valley/Rouge Valley Wastewater
Control System (City of Novi) Bonds dated as of March 1, 1989, in the principal amount of $8,200,000
to pay part of the cost of acquiring and constructing segment 1 of the North Huron Valley/Rouge
Valley Wastewater Control System-Oakland County; and
WHEREAS the County Drain Commissioner has submitted, and the City Council of the City has
approved, revised cost estimates for segments 1, 2 and 3 of the North Huron Valley/Rouge Valley
Wastewater Control System-Oakland County in the amounts of $8,323,000, $1,625,000 and $675,000,
respectively, as set forth in Exhibit B (Second Revised) and Exhibits 8-1, 8-2 and 8-3 submitted to
this Board of Commissioners.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
1. APPROVAL OF REVISED COST ESTIMATES. The revised cost estimates submitted by the County
Drain Commissioner for segments 1, 2 and 3 of the North Huron Valley/Rouge Valley Wastewater Control
System-Oakland County in the amounts of $8,323,000, $1,625,000 and $675,000, respectively, are
hereby approved.
2. AUTHORIZATION OF BONDS -- PURPOSE, Bonds of the County, aggregating the principal sum
of One Million Six Hundred Twenty-Five Thousand Dollars ($1,625,000) shall be issued and sold
pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of
defraying the cost of acquiring and constructing segment 2 of the North Huron Valley/Rouge Valley
Wastewater Control System-Oakland County as set forth in Exhibit 8-2 pursuant to the provisions of
the Contract.
3. BOND DETAILS. The bonds shall be designated North Huron Valley/Rouge Valley Wastewater
Control System (City of Novi) Bonds, Segment 2; shall be dated March 1, 1990; shall be numbered from
1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral
multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the
purchaser thereof; shall bear interest at a rate or rates not exceeding 12% per annum to be
determined upon the sale thereof payable on November 1, 1990, and Semiannually thereafter on the
first days of May and November in each year; and shall mature on May I in each year as follows:
1991 $ 25,000 2000 $100,000
1992 25,000 2001 100,000
1993 50,000 2002 100,000
1994 50,000 2001 125,000
1.995 50,000 2004 125,000
1996 50,000 2005 125,000
1997 50,000 2006 125,000
1998 75,000 2007 125,000
1999 75,000 2008 125,000
2009 125,000
4. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds
shall he payable in lawful money of the United States. Principal shall be payable upon presentation
and surrender of the bonds to the bond registrar and paying agent as they severally mature.
Interest shall be paid to the registered owner of each bond as shown on the registration books
at the close of business on the 15th day of the calendar month preceding the month in which the
interest payment is due. Interest shall be paid when due by check or draft drawn Upon and mailed by
the bond registrar and paying agent to the registered owner at the registered address.
5. PRIOR REDEMPTION. Bonds maturing prior to May 1, 1996, shall not be subject to
redemption prior to maturity. Bonds maturing on and after May 1, 1996, shall be subject to
redemption prior to maturity upon the terms and conditions set forth in the form of bond contained
in Section 9 hereof.
6. BOND REGISTRAR AND PAYING AGENT, The County Drain Commissioner shall designate, and
may enter into an agreement with, a bond registrar and paying agent for the bonds which shall be a
Commissioners Minutes Continued. February 8, 1990 19
bank or trust company located in the State of Michigan which is qualified to act in such capaoity
under the laws of the United States of America or the State of Michigan. The County Drain Commissioner
may from time to time as required designate a similarly qualified successor bond registrar and
paying agent.
. 7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in
the name of the County by the facsimile signatures of the Chairman of the Board of Commissioners
and the County Clerk and authenticated by the manual signature of an authorized representative of
the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be
impressed or imprinted on the bonds. After the bonds have been executed and authenticated for
delivery to the original purchaser thereof, they shall be delivered by the County Drain Commissioner
or the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds
bearing the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk
and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be
delivered to the bond registrar and paying agent for authentication and delivery in connection with
the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond
the date of its authentication.
8. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond
registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar
and paying agent duly executed by the registered owner or his duly authorized attorney, at the
option of the registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and bearing the same rate of
interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County, which shall be kept
for that purpose by the bond registrar and paying agent, upon surrender of such bond together with
a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed
by the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf
of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee
a new bond or bonds of any authorized denomination of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered bond, If, at the time the
bond registrar and paying agent authenticates and delivers a new bond pursuant to this section,
payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse
upon the new bond the following: -Payment of interest on this bond is in default. The last date to
which interest has been paid is
The County and the bond registrar and paying agent may deem and treat the person in whose
name any bond shall be registered upon the books of the County as the absolute owner of such bond,
whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of
and interest on such bond and for all other purposes, and all payments made to any such registered
owner, or upon his order, in accordance with the provisions of Section 4 of this resolution shall be
valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum
or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by
any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying
agent harmless from and against any and all loss, cost, charge, expense, judgment or liability
incurred by it, acting in good faith and without negligence hereunder, in so treating such
registered owner,.
For every exchange or transfer of bonds, the County or the bond registrar and paying agent
may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required
to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person
requesting such exchange or transfer as a condition precedent to the exercise of the privilege of
making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
9. FORM OF BONDS. The bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN • COUNTY OF OAKLAND
OAKLAND COUNTY NORTH HURON VALLEY/
ROUGE VALLEY WASTEWATER CONTROL SYSTEM
(CITY OF NOVI) BONDS, SEGMENT 2
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
March 1, 1990
Registered Owner
Principal Amount
The County of Oakland, State of Michigan, (the "County"), acknowledges itself indebted to,
and for value received, hereby promises to pay to the Registered Owner identified above, or
registered assigns, the the Principal Amount set forth above on the Maturity Date specified above,
unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond
20
Commissioners Minutes Continued, February 8, 1990
at in the city of , Michigan, the bond
registrar and paying agent, and to pay to the Registered Owner, as shown on the registration books
at the close of business on the 15th day of the calendar month preceding the month in which an
interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying
agent by first class mail postage prepaid to the Registered Owner at the registered address,
interest on such Principal Amount from the Date of Original Issue or such later date through which
interest shall have been paid until the County's obligation with respect to the payment of such
Principal Amount is discharged at the rate per annum specified above. Interest is payable on the
first days of May and November in each year, commencing on November 1, 1990. Principal and interest
are payable in lawful money of the United States of America.
This bond is one of 4 series of bonds aggregating the principal sum of One Million Six
Hundred Twenty-Five Thousand Dollars ($1,625,000) issued by the County under and pursuant to and in
full conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts
of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the
County (the "Resolution") for the purpose of defraying the cost of acquiring and constructing
segment 2 of the North Huron Valley/Rouge Valley Wastewater Control System-Oakland County. The
bonds of this series are issued in anticipation of payments to be made by the City of Novi in the
aggregate principal amount of One Million Six Hundred Twenty-Five Thousand Dollars ($1,625,000)
pursuant to a contract between the County and the City of Novi dated as of February 1, 1983, as
amended pursuant to revised Exhibits A and B thereto dated as of November 1, 1988. The full faith
and credit of the City of Novi have been pledged to the prompt payment of the foregoing amount and
the interest thereon as the same become due. As additional security the full faith and credit of
the County are hereby pledged for the prompt payment of the principal of and interest on the bonds
of this series. Taxes levied by the City and the County to pay the principal of and interest on the
bonds of this series are subject to constitutional tax limitations.
This bond is transferable, as provided in the Resolution, only upon the books of the
County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond
together with a written instrument of transfer satisfactory to the bond registrar and paying agent
duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange
or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate
principal amount and of the same interest rate and maturity, shall be authenticated and delivered to
the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges,
If any, therein provided. Bonds so authenticated and delivered shall be in the denomination of
$5,000 or any integral multiple thereof not exceeding the aggregate principal amount-for -each
maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
Bonds maturing prior to November 1, 1996, are.not subject to redemption prior to maturity.
Bonds maturing on and after May 1, 1996, are subject to redemption prior to maturity at the option
of the County, in such order as shall be determined by the County, on any one or more interest
payment dates on and after May 1, 1995. Bonds of a denomination greater than $5,000 may be
partially redeemed in the amount of $5,000 or any integral multiple thereof.. If less than all of
the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed
shall be selected by lot. The redemption price shall be the par value of the bond or portion of the
bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows
2% of the par value if called for redemption on or after May 1, 1995, but prior to May 1,
1999;
1% of the par value if called for redemption on or after May 1, 1999 but prior to May 1,
2006;
No premium if called for redemption on or after May 1, 2006,
Not less than thirty days' notice of redemption shall be given to the holders of bonds
called to be redeemed by mail to the registered holder at the regisered address. Bonds or portions
of bonds called for redemption shall not bear interest after the date fixed for redemption, provided
funds are on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions and things required
to exist, happen and be performed precedent to and in the issuance of the bonds of this series,
existed, have happened and have been performed in due time, form and manner as required by law, and
that the total indebtedness of said County, including the series of bonds of which this bond is one,
does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has
caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of
Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed
or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been
manually executed by an authorized representative of the bond registrar and paying agent.
COUNTY OF OAKLAND
(SEAL)
By By
County Clerk Chairman, Board of Commissioners
Commissioners Minutes Continued. February 8, 1990 21
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned Resolution.
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(please print or type name, address and taxpayer identification Lumber of transferee) the within
bond and all rights thereunder and does hereby irrevocably constitute and appoint
attorney to transfer the within bond on the books kept for registration
thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed
The signature must be guaranteed by a commercial bank, a trust company or a brokerage firm which is
a member of a major stock exchange.
10. SECURITY. The bonds shall be issued in anticipation of payments to be made by the
City pursuant to the Contract. The bonds shall be secured primarily by the full faith and credit
pledge made by the City in the contract with the County pursuant to the anthentization in Act 342.
As additional and secondary security the full faith and credit of the County are pledged for the
prompt payment of the principal of and interest on the bonds as the same shall become due. If the
City shall fail to make payments to the County which are sufficient to pay the principal of and
interest on the bonds as the same shall become due, an amount sufficient to pay the deficiency shall
be advanced from the general fund of the County.
11. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal
and Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of
the bonds there shall be set aside in the Principal and Interest Fund any premium and accrued
interest received from the purchaser of the bonds at the time of delivery of the same. All payments
received from the City pursuant to the Contract are pledged for payment of the principal of and
interest on the bonds and expenses incidental thereto and as received shall be placed in the
Principal and Interest Fund.
12. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be
set aside in a construction fund and used to acquire and construct segment 2 of the North Huron
Valley/Rouge Valley Wastewater Control System-Oakland County in accordance with the provisions of
the Contract. If excess proceeds of the sale of the bonds are available after completion of said
segment 2, such excess proceeds shall be used for the purpose of defraying part of the cost of
acquiring and constructing segment 3 of the North Huron Valley/Rouge Valley Wastewater Control
System-Oakland County in accordance with the provisions of the Contract.
13. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY - EXCEPTION FROM PRIOR APPROVAL. The
issuance and sale of the bonds shall be subject to permission being granted therefor by the
Department of Treasury of the State of Michigan or an exception from prior approval being granted by
the Department of Treasury and the County Drain Commissioner and the County Treasurer are each
hereby severally authorized to file with the Department of Treasury a Notice of Intent to Issue an
Obligation with respect to the bonds and to pay, upon the filing of said notice, the filing fee of
$400. If an exception from prior approval is not granted the County Drain Commissioner or the
County Treasurer shall make application to the Department of Treasury for permission to issue and
sell the bonds as provided by the terms of this resolution and for approval of the form of Notice of
Sale.
14. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain Commissioner, after
the receipt of bids for the construction of the North Huron Valley/Rouge Valley Wastewater Control
System - Oakland County, shall determine that it is not necessary to sell bonds in the principal
amount of One Million Six Hundred Twenty-Five Thousand Dollars ($1,625,000), he may by order reduce
the principal amount of bonds to be sold to that amount deemed necessary. In the event the
principal amount of the bond issue is reduced pursuant to this section, the County Drain
Commissioner shall reduce the amount of bonds maturing in any one or more years as necessary.
15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain
Commissioner is hereby authorized to prescribe the form of notice of sale for the bonds, to sell the
bonds at not less than 981 of par plus accrued interest in accordance with the laws of this state
and to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of
the bonds in accordance with the provisions of this resolution.
The County Drain Commissioner is hereby authorized to cause the preparation of an official
statement for the bonds for purposes of compliance with Rule 15c2-12 issued under the Securities
Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to comply with
the Rule. After the award of the bonds, the County will provide copies of a "final official
22
COmMiSSiOnera Minutes COntinued, February 8, 1990
stateMent" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity
Os requested by the successful bidder or bidders to enable such bidder or bidders to comply with
paragraph (b)(4) of the Rule and the ride§ of the Municipal Securities Rulemaking Board:
16. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Revenue COde of 1986, as amended, necessary to assure that the interest on the bonds will be and
will retain excludable from gross income for federal income tax purposes. The County Drain
Commissioner and other appropriate County officials are authorized to do all things necessary
(incledihg the making of covenants of the County) to assure that the interest On the bonds will be
and Will remain excludable from Bross income for federal income tax purposes.
17. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they
triay be in conflict herewith are rescinded.
Mr. Chairperson, on behalf of the Planning and Building CoMMittee, I move the adoption of
the foregbing resolution.
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
Moved by Crake supported by Pappageotgo the rules be suspended for immediate consideration
Of the resolution.
AYES: S. Kuhn, Law, Lukon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge,
Pernick; Price, Rewold, Skarritti Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens,
Coaling ; Huntoon, Jensen, Johnson, R. Kiihn. (26)
NAYS: None. (0)
A aUfficient Mejatity having voted therefor, the Motion tb suspend the rules carried.
Moved by Crake sUpported by Calandra the resolution be adopted.
AYES: Law, ',Oxon, McCulloch, McPherson, Moffitt, Oaks, Olaen, PappaBeorge, Price,
Pernick, Rewold, Skarritt, Wolf, Aaron; Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling,
Huntotin, Jenseni Johnson, R. Kuhn, S. Kuhn. (26)
NAYS: Note. (0)
A tuffitient majority having voted therefor, the resolutiOn was adapted.
Misc. 90015
By Planting and Building Committee
IN RE: Drain Commissioner - RESOLUTION TO APPROVE CITY OF ORCHARD LAKE VILLAGE SANITARY SEWAGE
COLLECTION AND DISPOSAL SYSTEM CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS under and subject to the terms of Act 342, Public Acts of Michigan, 1939, as
amended (Ant "342") the County of Oakland (the "County") is authorized, through the Drain
Commissioner as Connty Agency, to acquire end constract sanitary Sewage collection and disposal
faellities to be located in the City of Orchard Lake Village (the "City") and capacitY in the
Evergreen ahd Farmington Sewage Disposal System to sere the City; the County and the City Are
authorized to enter into a contract for the acquiSition and construction Of the aforesaid facilities
and capacity and for the financing of all Or part of the cost thereof by the issuance of bonds by
the Connty secured by the pledge of the full faith and credit of the City 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 to pledge its full faith arid credit for the payMent
of such bonds and the interest thereon; and
WHEREAS the city is in urkent need of such facilities and capacity to provide the means of
collecting and disposing of Sanitary sewage originating in the City, in order to abate pollution of
the waters of the City and thus to promote the health and Welfare of the resident§ thereof, which
facilities and capacity likewise would benefit the County and its residents, and the parties hereto
have concluded that sUch facilities and capacity can be provided and financed moat ecOnotically and
efficiently by the County through the exercise of the powers conferred by Act 342, and especially
Sections 5a, 5b and Sc thereof; and
WHEREAS the County and the City desire to proceed with the acquisition and construction of
the facilities and caPacity which are described and shown ON Exhibits A and A-1 to the contract
hereinafter set forth in full and Which are hereinafter referred to as the "Project"; and
WHEREAS the County Agency has obtained preliminary plans for the Project and estimates of
0000,000 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 Hubbell, Roth & Clark, Inc., said
estitates being set forth on Exhibit B to the contract hereinafter set forth in full; 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 bOncia, and for other related
Matters, it is necessary for the County and the City to enter into the contract; and
Commissioners Minutes Continued. February 8, 1990 23
WHEREAS the electors of the City of Orchard Lake Village have approved the contract.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
I. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of $9,300,000 as the cost of
the Project and the estimate 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.
2. APPROVAL OF CONTRACT. The City of Orchard Lake Village Sanitary Sewage Collection and
Disposal System Contract, dated as of November 1, 1959, between the County, by and through the
County Drain Commissioner, County Agency, party of the first part, and the City, party of the second
part, 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 City, Said Contract reads as
follows:
CITY OF ORCHARD LAKE VILLAGE SANITARY SEWAGE
COLLECTION AND DISPOSAL SYSTEM CONTRACT
THIS CONTRACT, made and entered into as of the 1st day of November, 1989, 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 Commiseioner, Counity Agency, party of the first part,
and the CITY OF ORCHARD LAKE VILLAGE, a City located in the County (hereinafter sometimes referred
to as the "City"), party of the second part.
UITNESSETH
WHEREAS the Oakland County Beamd of Supervisors by resolution, Misc. No. 3269, adopted
August 12, 1957, as amended by resolution, Misc. No. 3435 adopted October 13, 1958, approved the
establishment of the Evergreen Sewage Disposal System (herein called the "Evergreen System") to
serve the Evergreen Sewage Disposal Distriet (herein called the "Evergreen District"), within which
Evergreen District are included areas in each of the municipal corporations hereinafter named; and
WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10,
1958, as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between
the County and the Cities of Southfield, Birmingham, Bloomfield Hills, Lathrup Village and Troy, the
Village of Westwood (now Village of Beverly Hills), and the Townships of Bloomfield and Pontiac (now
City of Auburn Hills), municipal corporations in the County, the County acting through. its
Department of Public Works, acquired the original Evergreen System and financed such acquisition by
the -issuance of bonds in anticipation of payments to be made by said municipal corporations to the••
County in accordance with the provisions of said agreement as amended (hereto referred to as the
"Evergreen Agreement"); and
WHEREAS the Oakland County Board of Supervisors, by resolution, Misc. No. 4115, adopted
March 6, 1963, enlarged the Evergreen District to include all of the Village of Franklin and all of
the Village of Bingham Farms within the area to be served by the Evergreen System; and
WHEREAS the Oakland County Board of Supervisors, by resolution, Misc. No. 3270, adopted
August 12, 1957, as amended by resolution, Misc. No. 3339, adopted January 24, 1958, approved the
establishment of the Farmington Sewage Disposal System (herein called the "Farmington System") to
serve the Farmington Sewage Disposal District (herein called the "Farmington District") within which
Farmington District are included areas in each of the municipal corporations hereinafter named; and
WHEREAS pursuant to the Farmingten Sewage Disposal System Agreement dated November 1,
1957, as amended by amendatory agreements dated December - 22, 1953 and February 9, 1959, all between
the County and the Cities of Southfield and Keego harbor and the Townships of West Bloomfield and
Farmington (now City of Farmington Hills), municipal corporations in said County of Oakland, the
County acting through its Department of Public. Works acquired the original Farmington System and
financed such acquisition by the issuance of bonds in anticipation of payments to be made by said
municipal corporations to the County in accordance with the provisions of said agreement as amended
(herein referred to as the "Farmington Agreement"); and
WHEREAS by annexation of part of the former Township of Farmington the City of Farmington
has become a user of the Farmington System and, has area included in the Farmington District; and
WEEREAS by contractual relationships with members of the Farmington System, the City of
Orchard Lake Village has become a user of the Farmington System; and
WHEREAS the State of Michigan Department of Natural Resources designated the areas and
districts served by the Evergreen System and. the Farmington System as a single plan of study area
for the purposes of Step I Facilities Planning and determined that there is a need to obtain
studies, reports, plans and estimates for the abatement of pollution, control of pollutants and
polluting discharges, and the relief of both the Evergreen System and the Farmington System; and
WHEREAS the County established under and pursuant to Act No, 342, Public Acts of Michigan,
1939, as amended, a system of sewage disposal improvements and services to serve the area and the
districts heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269,
3435 and 4115 as the Evergreen District and in Resolutions No. 3270 and 3339 as the Farmington
District, which system as so established was designated as the "Evergreen and Farmington Sewage
Disposal System" (herein called the "System") and the Oakland County Drain Commissioner was
designated and appointed as the "County Agency" for the System with all the powers and duties with
respect to the System as are provided by law and especially by said Act 342; and
WHEREAS under and subject to the terms of Act 342, the County is authorized, through the
24
Commissioners Minutes Continued. February 8, 1990
County Agency, to acquire and construct sanitary sewage. collection and disposal facilities to be
located in the City and capacity in the System to serve the City, the County, and the City are
authorized to enter into a contract, as hereafter provided, for the acquisition and construction of
the aforesaid facilities and capacity 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 City to
pay such cost with interest to the County in iastaliments extending over a period W3r 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 City is in urgent need of such facilities and capacity to provide the means of
collecting and disposing of sanitary sewage originating in the City, in order to abate pollution of
the waters of the City and thus to promote the health and welfare of the residents thereat, which
facilities and capacity likewise would benefit the County and its residents, and the parties hereto
have concluded that such facilities and capacity can be provided and financed most economically and
efficiently by the County through the exercise of the powers conferred by Act 342, and especially
Sections 5a, 5b and 5c thereof; and
WHEREAS the County and the City desire to proceed with the acquisition and construction of
the facilities and capacity which are described and shown on Exhibits A and A-1 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
$9,300,000 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 Hubbell, Roth & Clark, Inc.
(hereinafter sometimes referred to as the consulting engineers) and have been approved by the Board
of Commissioners of the County and the City Council of the City and will he placed on file in the
office of the County Agency, said estimates being set forth in Exhibit B hereunto attached; aod
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 FOLLOWS1'
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
City, 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 City and to
the uSe by the County Of its )Streets .;. bighways, alleys,-laodS, rights-of-way or other public places
for the purpose and facilities of the Project and any improvements, enlargements or extensions
thereof, and the City 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 (1) the sanitary sewage collection and disposal
facilities located in the City described on Exhibit Al 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 approved and adopted (the "City System") and (2) the capacity in the System
described on Exhibits A and A-1 (the "Evergreen-Farmington Capacity"). The City System 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 City System, 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 City Council of the City and if
provisions required by Paragraph 8 hereof are made for payment or financing of any resulting
increase in the total estimated cost. The Evergreen-Farmington Capacity shall be acquired and
constructed in accordance with the provisions of this agreement and other agreements among the
County, the City and other public corporations. The estimate of 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 to the County 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 City 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 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
Commissioners Minutes Continued. February 8, 1990 25
•
contractors shall be approved by the consulting engineers before preeentation to the County Agency
and the latter shall be entitled to on soch approval in malting payment
The County agrees that it will secure and maintain, or cause to he secured and maintained,
during the period of construction sorquate property dma_ge and public liability insureince covering
all facilities to be constructed puree:]er to this contract. All policies cad memoranda of insurance
shall provide that the County and te City shall be insured parties theeeunder and shall contain a
provision requiring that the City be notified at least len days pc for to eeneellotion theLeof. One
copy of each policy and memorandum of insurance shall be filed with the City.
5. It is understood and agreed by the parties 1.,:,.re.t.(3 that the Project is to serve the
City and not the individual property cutlers and users thereof, unless by special arrangement between
the County Agency and the City. it is the responsibility of the City to rzquire connection to and
use of the facilities of the Project ard to provide such additional feci'eities as may be needed, and
the City 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 ia paragraph 2 hereof
Is. The city shall pay to the County the total cost of the Project, less such funds as may
become available from ocher 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 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 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 said bonds falls due
during the tweive—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 City
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 City, also shall advise
the City Treasurer of the amount payable to the County on such date. If the City 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 Agemc7 to
furnish the schedule or give the notice as above required shall not excuse the City from the
obligation to make payment when due. Such payments shall be made by the City 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 ender 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 City 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 City 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 of (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 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 ?cried 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 City Council, by resolution adopted within fifteen days after the receipt of construction bids,
may direct that a portion of the City System not yet acquired or constructed and not under contract
to be acquired or constructed be deleted sufficient to reduce the total cost to an 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 City System. In the
adoption of such a resolution the City shall pay or procure the payment of the increase or excess up
to said 5% in cash or shall agree that County bonds in an increased or additional amount shall Won
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 57. its total estimated cost as hereinbefore stated, the County shall not enter into any new or
S.
Commissioners Minutes Continued. February 8, 1990
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
City Council 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 City in cash or he defrayed by the issuance of increased or additional County bands
in anticipation of increased or additional payments agreed to be made by the City to the County in
the manner bereinberare provided; provided, further, that the adoption of such resolution by the
City Council shall, not be required prior to or as a condition precedent to the issuanee 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 at the City Council, 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 City 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 City Council,
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 City to the County shall be reduced so as to reflect
the resulting saving of interest and the payment required to be made by the City in the. calendar
year of the stated maturity of said bonds shall be reduced by the principal amount. thereof,
10. Should the City fail for any reason to pay the County at the times specified the
amounts herein required to be paid, the City hereby authorizes the State Treasurer or other official
charged with the disbursement of unrestricted state funds returnable to the City 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 far the prompt payment of the principal of
and interest on the bonds to be issued by the County and it the County is required to advance any
money by reason of such pledge on account of the delinquency of the City, 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 moneyseinethe• State Treasurer's poeSession belonging to the City 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 City.
11. The City, 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 tnis 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 City 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 City shall be without limitation as to
rate or amount. The City Council 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 City 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 City 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 City Council, and the City hereby covenants and agrees that
it thereupon will 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 City shall impair in any
manner the obligations of this contract or affect the obligations of the City hereunder. In the
event that all or any part of the territory of the City 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 City, 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 City Council of the City, 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
Commissioners Minutes Continued, February 8, 1990 27
recommendation as to the proper proportionate share from a committee composed of one representative
designated by the City Council of the City, one designated by the governing body of the new
municipality or the municipality annexing such territory and one iudependent 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 snail 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 Sc 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 tht 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 City shall pay all engineering, legal and other
costs and ea-penses theretofore incurred hereunder and shall ha entitled to all plenc, specifications
and other engineering data and materials.
14. Upon completion of the City System it shall be operated and maintained in accordance
with a supplemental agreement between the City and the County. The operation and maintenance of the
System shall continue as provided in the Evergreen Agreement, the Farmington Agreement, and any
supplements or amendments thereto, with costs thereof billed, collected and paid as at present.
If a grant, advance or payment becomes available from the state or federal goveenment or
any other source, the City 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 and the System
eligible to accept and receive the grant, advance or payment, and if the terms of the grant, advance
or payment require a local contribution, the City hereby agrees to raise and make such local
contribution.
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 City shall have the authority and the responsibility to provide such
other facilities and shall have the right to expand the facilities of the City System 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 City System shall be used for collection and conveyance of sanitary sewage only and
that the City shall take all necessary action to prevent entry into the City System of storm waters
and also to prevent entry of sewage or wastes of such a character as to be injurious to the City
System or the System 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 City 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 City 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 City 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 City to the making of the 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, supplement 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
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 of the security thereof, shall be deemed to
be for the benefit of the holders of said bonds.
Commissioners Minutes Continued. February 8, 1990
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 its
approval by the vote of a majority of the electors of the City 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.
CITY OF ORCHARD LAKE COUNTY OF OAKLAND
By: By:
Mayor County Drain Commissioner
By: (County Agency)
City Clerk
3. 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
Larry Crake, Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Misc.90016
By Planning and Building Committee
IN RE: PARKS AND RECREATION MILLACE, 1992 - 2001
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the one-quarter voted millage for the Oakland County Parks and Recreation areas in
Oakland County will expire after the year 1991; and
WHEREAS the Oakland County Parks and Recreation Commission has requested the question to
be placed on the ballot at the August 7, 1990 Primary Election for the continuation of the
one-quarter (114) mill for an additional ten (10) years for the purpose of improving and/or
constructing suitable parks and recreation facilities; and
WHEREAS your Committee concurs in said request;
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, State
of Michigan as follows:
That there shall be submitted to the Electors of the County of Oakland at the Primary
August Election to be held on the 7th day of August, 1990 from 7:00 o'clock a.m. to 8:00 o'clock
p.m., Eastern Daylight Time, the following proposition:
"Shall the constitutional tax limitation on the total amount of general ad valorem
taxes which may be imposed each year for all purposes upon real and tangible
personal property in Oakland County, Michigan, be increased as provided in Section 6,
Article IX of the Constitution of Michigan for a period of ten (10) years from
1992 to 2001 both inclusive, by one-quarter (114) mill, twenty-five (25c) cents
per One Thousand ($1,000) Dollars of the assessed valuation as finally equalized
for the purpose of acquiring, developing, operating and maintaining parks and
recreation areas in Oakland County, Michigan (such increase being a renewal of the
one-quarter (1/4) mill increase which expires in 1991)7"
That each City and Township Clerk shall give notice of the submission of the aforesaid
proposition by including same in the election notice for the said Primary August Election, which
notice shall contain the statement of the Oakland County Treasurer as to previously voted tax
limitation increases affecting property within 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
Larry Crake, Chairperson
Moved by Crake supported by S. Kuhn the resolution be adopted.
Commissioners Minutes Continued. February 8, 1990 29
AYES: Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price,
Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon,
Jensen, Johnson, R. Kuhn, S. Kuhn, Law. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90017
By Planning and Building Committee
IN RE: Corporation Counsel - Real Estate Section - ADDENDUM TO LEASE - 52nd/2 DIVISION DISTRICT
COURT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Comity of Oakland is the control unit for the 2nd Division of the 52nd
District Court; and
WHEREAS the Court now occupies 5,900 square feet in premises located in Clarkston pursuant
to a Lease dated August 22, 1985; and
WHEREAS the Court has requested an expansion of its existing premises to include an
additional 840 square feet, which area is adjacent to its existing space; and
WHEREAS the proposed expansion is necessary to accommodate the increase in filing of
active open tickets aud eases, one Cl) additional Lektreiver filing system, and a
Magistrate/Visiting Judge hearing room; sad
WHEREAS the increased cost for the additional space of $15,600 per year is within the
District Court's 1990-1991 Budget; and
WHEREAS the County Executive recommends the expansion of the 52/2 District Court for the
840 square feet as requested by the Court.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
request for expansion of facilities of the 2nd Division of the 52nd District Court to lease an
additional 840 square feet of space, which area is adjacent to its existing leased premises.
BE IT FURTHER RESOLVED that the Board directs its Chairperson to execute the Addendum to
Lease.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDINGOOMMITTEE
Larry Crake, Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Mr. Crake requested that Resolution #89325 (Use of Recycled Products by County
Departments) be referred back to the Planning and Building Committee. There were no objections.
Misc. 90018
By Commissioner Richard G. Skarritt
IN RE: LAKE NAME CHANGE - CHASE LAKE, ROSE TOWNSHIP
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS among the many beautiful lakes of Rose Township, Chase Lake, named for the Chase
family, has suffered an inadvertent name change to Cheese Lake; and
WHEREAS by Resolution of Rose Township, the Township Board has requested that the Oakland
County Board of Commissioners take action to officially register the name Chase Lake with the
Michigan Department of Natural Resources and to request that the Ti. S. Board of Geographic Names
officially restore the lake to Chase Lake.
NOW THEREFORE BE IT RESOLVED that the name of Chase Lake be restored for the lake located
in the Southwest part of Sec. 21 and Northwest part of Sec. 28, Rose Township, Oakland County,
Michigan, and that all future maps, reports and documents which may be published by the County of
Oakland, State of Michigan, and the United States Government shall designate that Chase Lake is the
officially adopted name.
BE IT FURTHER RESOLVED that the County Clerk forward a certified copy of this resolution
together with a map showing the particular geographic feature affected to the Geological Survey
Division of the Department of Natural Resources, and to the U. S. Board of Geographic Names.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Richard G. Skarritt, Commissioner Dist. #2
The Chairperson referred the resolution to the Planning and Building Committee. There
were no objections.
30
Commissioners Minutes Continued, February 8, 1990
Misc. 90019
By Commissioner James D. Ferrens
IN RE; COURTHOUSE SECURITY SURVEY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there has been preliminary discussion of the safety and security ramifications
within the Oakland County Courthouse. expansion program; and
WHEREAS the Courthouse renovation plans must contain security measures which will
safeguard and protect the citizens, employees and elected officials; and
WHEREAS the present building safety concerns need to be examined and temporary measures
taken to minimize security risks while the renovation plans proceed.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
request that the Department of Facilities Engineering survey the security needs of the Courthouse
tower, located at 1200 N. Telegraph Road, Pontiac, Michigan and report its findings to the Planning
and Building Committee; and
BE IT FURTHER RESOLVED that the Division of Facilities Engineering develop an effective
security system for said. Courthouse.
Mr. Chairperson, I move adoption of the foregoing resolution.
James D, Ferrous, Commissioner Dist. 8
Lawrence R. Pernick, Rue]. E. McPherson
A. Madeline Luxen, Hubert Price, Jr.,
Lillian Jaffe Oaks, Dennis M. Aaron
The Chairperson referred the resolution to the Planning and Building Committee. There
were no objections.
Misc. 90020
By Commissioner Marilynn E. Gosling
IN RE: DONN L. WOLF - MAC DIRECTOR, REGION IV
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS for over two decades the County of Oakland has been represented on the Michigan
Association of Counties Board of Directors by its Commissioners Delos Hamlin, Richard Wilcox, Joseph
Montante, M.D., and Roy Revold; and
WHEREAS Roy Reweld's term as a Board member will conclude in August, of 1990; and
WHEREAS it is in the best interest of Oakland County and that of MAC Region IV that
Oakland County continue to provide leadership and active participation in the Association; and
WHEREAS Commissioner Donn L. Wolf has agreed to accept the responsibilities and challenges
of the MAC Director post.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
recommend and endorse Commissioner Donn L. Wolf for MAC Director-Region IV and does hereby pledge
its assistance and support of his candidacy as being in the best interest of Oakland County.
'Mr. Chairperson, I move the adoption of the foregoing resolution.
Marilynn E. Gosling, Commissioner Dist. #14
(also signed by all members of the Board)
Moved by Gosling supported by Crake the rules be suspended for immediate consideration of
the resolution.
A sufficient majority having voted therefor, the motion carried.
Moved by Gosling supported by Johnson the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc.9002I
By Commissioners Lillian Jaffe Oaks and Mark W. Chester
IN RE: OPEN HOUSING CENTER FOR OAELAND COUNTY
WHEREAS Cultural, ethnic, religious and racial pluralism is a positive and appropriate
model for neighborhoods and communities throughout the United States; and
WHEREAS efforts to promote and encourage greater appreciation for those communities which
reflect such pluralism warrant both public and private support; and
WHEREAS Cities, Villages and towns must continue to take affirmative steps to encourage
people from all races, religions and ethnic backgrounds to live in their cities and avail themselves
of the choice of where they wish to live and utilize the services and amenities offered.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
concept of the Oakland County Center for Open Housing to build Community understanding and support
for fair and open housing and to achieve a stable and intergrated housing process in Oakland County,
and urges other communities within Oakland County to adopt resolutions of support for the Oakland
County Center for Open Housing.
Commissioners Minutes Continued, February 8, 1990 31
Mr. Chairperson, I move the adoption of the foregoing resolution.
Lillian Jaffe Oaks, Commissioner Dist. 21
Mark W. Chester, Commissioner Dist. 10
The Chairperson referred the resolution to the General Government Committee. There were
no objections.
Misc. 90022
By Commissioner Dennis M. Aaron
IN RE: Sheriff's Department - COST CONTROL
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen;
WHEREAS the Sheriff's Department budget is a large and growing portion of the County
Budget; and
WHEREAS uew management techniques may provide improved services at reduced costs.
NOW THEREFORE BE IT RESOLVED that the Public Services Committee study the operations of
the County Sheriff with a goal nn incorporating improved management controls and reduction in
operating costs.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Dennis M. Aaron, Commissioner Dist. 19
The Chairperson referred the resolution to the Public Services Committee. There were no
objections.
Misc. 90023
By Commissioner Ruel E. McPherson
IN RE: (SUPPORT) PENALTY INCREASE FOR A MOTOR VEHICLE OPERATOR FLEEING POLICE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS a driver of a motor vehicle who attempts to flee or elude a law enforcement
officer after being directed to stop is guilty of a misdemeanor; and
WHEREAS under existing law the punishment for this misdemeanor is imprisonment for not
less than 30 days nor more than one year, a fine of not more than $1,000 and payment of prosecution
costs if the court .so orders; and
WHEREAS since ignoring a law enforcement officer's signal to stop can result in a
life-threatening "hot pursuit" at high speeds, it seems that stricter penalties are needed to induce
greater deterrence from this viol.n tion.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commisisoners supports
amendments to Section 479 a. of Act No. 328 of the Public Acts of 1931, as nmcnded, to: (1)
imprisonment for from 60 days to one year (2) a fine of up to $2,000, and (3) surrender of the motor
vehicle if the court so orders.
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.
Ruel E. McPherson, Commissioner Dist. 9
John G. Pappageorge, Donna R. Huntoon
Hubert Price, Jr., A. Madeline Luxon,
Lillian Jaffe Oaks, James Ferrens,
John E. Olsen, Thomas A Law
The Chairperson referred the resolution to the Public Services Committee. There were no
objections.
Misc. 90024
By Commissioner Rue! E. McPherson
IN RE: BUDGET AMENDMENT - COUNTY CLERK - SATELLITE OPERATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the citizens of southern Oakland County have long appreciated the convenience of
the County Treasurer's Satellite operation; and
WHEREAS a substantial number of transactions oerive from citizens and businesses in South
Oakland County; and
WHEREAS today's electronic, telecommunications and other hi-tech means allow most services
to be provided through a satellite office.
NOW THEREFORE BE IT RESOLVED that the 1990 Budget and General Appropriations Act be amended
by appropriating $90,000 for the operating expenses necessary to establish a branch of the County
Clerk in the Satellite Office of the County Treasurer.
JZ
Commissioners Minutes Continued, February 8, 1990
Mr. Chairperson, I move the adoption of the foregoing resolution.
Ruel E. McPherson, Commissioner Dist. 9
A. Madeline Luxon, Hubert Price, Jr.,
Lillian Jaffee Oaks, Dennis M. Aaron
Lawrence R. Pernick
The Chairperson referred the resolution to the General Government Committee and the
Finance Committee. There were no objections.
Misc. 90025
By Commissioner Hubert Price, Jr.
IN RE; LOBBYING POLICY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS in the conduct of County business, the various elected officials of the County
have individually undertaken lobbying efforts on behalf of the County; and
WHEREAS both the Oakland County Executive and the Board of Commissioners expend funds
for lobbying activities on behalf of the County.
NOW THEREFORE BE IT RESOLVED that the General Government Committee study the lobbying
activities of various elected officials to determine a more effective way to conduct these
activities on behalf of Oakland County Government.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Hubert Price, Jr., Commissioner Dist. 8
Thomas A. Law, Commissioner Dist. 26
The Chairperson referred the resolution to the General Government Committee. There
were no objections.
In accordance with Rule XXII, the following referrals were made by the Chairperson:
GENERAL GOVERNMENT
a. Rep. Jan Dolan-Acknowledge Receipt of Misc. Res. #89339
b. MAC, 7th District-(oppose) Low-Level Radioactive Nuclear Waste Site in Michigan
PLANNING •& BUILDING
a. Orion.Township-Oppose Eagle Valley Landfill Expansion
b. Willis Bullard, Jr.-Attorney General Opinion Request-Act 641
PUBLIC SERVICES
a. Dept. of Social Services-Licensing Report, Children's Village
OTHERS
Roy Rewold
a. Willis Bullard, Jr.-Attorney General Opinion Request-Act 641
Richard Kuhn, Jr.
a. Mich. Dept. of Corrections-Electronic Tethers
b. Mich. Dept. of Social Services-Children's Village-Special Investigation
E63-13-01-90
There were no objections to the referrals.
The next meeting of the Board will be February 22, 1990 at 9:30 A.M.
The Board adjourned at 11:00 A.M.
LYNN D. ALLEN ROY REWOLD
Clerk Chairperson