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HomeMy WebLinkAboutMinutes - 1990.02.22 - 7163OAKLAND COUNTY Board Of Commissioners MEETING February 22, 1990 Meeting called to order by Chairperson Roy Rewold at 9:29 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, MI. Roll called. PRESENT: Aaron, Caddell, Chester, Crake, Ferrens s Gosling, Huntoon, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (25) ABSENT. Bishop, Calandro. (2) Quorum present. invocation giten by Commissioner Richard G. Skarritt. Pledge of Allegiance to the Flag. Moved by Jensen supported by Johnson the minutes of the February 8, 1990 meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Olsen supported by Crake the agenda be amended and the rules suspended for the following item already on the agenda: FINANCE COMMITTEE h. Prosecuting Attorney - 1990 Cooperative Reimbursement Program Grant Acceptance. (Waive Role XXVII, 5 Day Notice - Personnel Committee meeting held on February 22, 1990) ,A sufficient majority having voted therefor, the amendment to the agenda was approved. Vote on suspension of the Rules and approval of the amended agenda: AYES: McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold s Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon. (24) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules, and approve the amended agenda carried. Clerk read letter of thanks from the "Friends of the Rouge" Board of Directors for the contribution from Oakland County for 1990/1991. Clerk read letter from Chairperson Roy Rewold announcing the appointments of Susan G. Kuhn and John G. Pappageorge to the Youth Assistance Advisory Council for term ending December 31, 1990. Moved by Pernick supported by Jensen the appointment be confirmed. A sufficient majority having voted therefor, the appointments of Susan G. Kuhn and John G. Pappageorge to the Youth Assistance Advisory Council were confirmed. The Chairperson announced a Public Hearing on "Pontiac Osteopathic Hospital Nursing Home E.D.C. Project" will be held on March 8, 1990 at 10:00 A. M. in the Courthouse Auditorium. 33 Commissioners minutes continuea. reoruary ez, County Executive Daniel T. Murphy presented "The State of the County" message. (Copy on file in County Clerk's Office.) Sue Myslewiec of Highland Township addressed the Board. The Chairperson announced the Courthouse Tower remodeling plans will be unveiled at the March 8, 1990 Board meeting. Misc. 90026 By Finance Committee IN RE: Drain Commissioner - REQUEST FOR TWO (2) ADDITIONAL LEASED VEHICLES ' To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #7393 of December 18, 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; and WHEREAS eight (8) additional positions in 1990 and one (I) additional position in 1991 were approved with the adoption of the 1990/1991 Biennial Budget for new drain and water main construction projects; and WHEREAS the Drain Commissioner has requested one Cl) additional car for easement acquisition purposes and one (1) additional truck for transporting heavy equipment to storm drain facilities where maintenance work is required; and WHEREAS both vehicles will be acquired through the Drain Equipment Fund and monthly lease charges estimated at $570 will be charged to various project funds; and WHEREAS no additional appropriation is required; and WHEREAS the County Executive recommends this expansion of the County vehicle fleet. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the expansion of the County vehicle fleet by two (2) vehicles as requested by the Drain Commissioner, 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 Ferrens the resolution be adopted. AYES: McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90027 By Finance Committee IN RE: Public Works/Facilities Engineering Division - AWARD OF CONTRACT FOR OAKLAND COUNTY COMPUTER CENTER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #89048 authorized the Department of Public Works to bid Computer Center Project at an estimated cost of $10,750,000; and WHEREAS on November 9, 1989, the Board of Commissioners authorized the County Executive's Facilities Engineering division to reject all previous bids and re-let bids for construction of a new Computer Center; and WHEREAS in accordance with bidding procedures, bids for the above mentioned were received and reviewed by the Department of Public Works on January 23, 1990; and WHEREAS the County Executive's Department of Public Works has reviewed all bids submitted and recommends that the lowest responsible bidder, John M. Olsen Company of St. Clair Shores, Michigan be awarded a contract for construction in the amount of $7,322,354; and WHEREAS the recommendation has been reviewed by Corporation Counsel and approved as to legal sufficiency; and WHEREAS additional costs are estimated to be $3,177,646 including a contract awarded to Minoru Yamasaki Associates for architectural services up to $588 0 978; and WHEREAS the total cost of the above mentioned work is estimated to be $10,500,000 as detailed in the attached schedule; and Commissioners minutes Continued. February 22, 1990 35 WHEREAS due to not making a 1990 payment to the Building Authority, funding of $250,000 is available in the General Fund for subject project; and WHEREAS the sale of bonds was approved by Miscellaneous Resolution #89049; and WHEREAS total project cost of $10.500 0 000 will be financed through the sale of bonds of $10,250,000 at an estimated 8% interest for a period of 18 years and through the transfer of funds of $250,000 from the General Fund Non-Departmental Budget. NOW THEREFORE BE IT RESOLVED as follows: 1) The contract proposal of John M. Olson Company of St. Clair Shores, Michigan in the amount of $7,322,354 be accepted and the contract awarded in concurrence with the Planning and Building Committee recommendations. 2) Funds be provided in the amount of $3,177,646 to cover the remaining project costs. 3) The Chairperson of the Board of Commissioners is authorized and directed to execute a contract with John M. Olson Company of St. Clair Shores, Michigan on behalf of the County of Oakland. 4) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the awardee of this award, in writing no later than 10 days after adoption of this resolution. The award shall not be effective until the awardee has been notified. 5) General Fund Budget be reapproprited as follows: 4-10100-901 -01 -00-9102 Building Authority Payments $(250,000) 4-10100-909-01-00-9109 Capital Improvement Program 250,000 $ -0- 6) Funds of $250,000 be transferred from the General Fund to the Computer Center project. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Revised Project Budget on file in County Clerk's Office. Report (Misc. 90027) By Planning and Building Committee To: Finance Committee IN RE: Award of Contract for Oakland County Computer Center Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced item at its meeting on February 13, 1990, reports with the recommendation that the contract be awarded to John M. Olson Company of St. Clair Snores, Michigan in the amount of $7,322,354.00 with total project funding in the amount of $10,750,000.00. The Planning and Building Committee further recommends the resolution awarding this contract contain language stating that any request for expenditure over $10,250,000.00 must be brought back to the Planning and Building Committee. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Caddell supported by Ferrens the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Ferrens the resolution be adopted. AYES: Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Johnson, R. Kuhn, S. Kuhn, Law. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90028 By Finance Committee IN RE: Institutional and Human Services/Health Division - 1989/1990 SOLID WASTE REIMBURSEMENT AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS this contract is for reimbursement of County expenditures attributable to the field activities, inspection, complaint responses, and administration of the Solid Waste Management Program in Oakland County, with funding made available by the Michigan Department of Natural Resources; and WHEREAS pursuant to Miscellaneous Resolution #89105, application was made to the Michigan Department of Natural Resources for the Solid Waste Reimbursement Agreement in the amount of $16,955 for the period October 1 0 1989, through September 30, 1990; and Commissioners Minutes Continued. February 22, 1990 WHEREAS the Michigan Department of Natural Resources has awarded the County an agreement in the amount of $15,599 which is $1,356 or 8.0 less than the application for the same time period; and WHEREAS revenue in the amount of $15,151 has been budgeted for 1990 in the 1990/1991 Biennial Budget which is $448 less than the reimbursement agreement; and WHEREAS application or acceptance of the Reimbursement Agreement does not obligate the County to any future commitment; and WHEREAS the Office of Corporation Counsel has reviewed the agreement and approved it as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Solid Waste Reimbursement Agreement in the amount of $15,599 and authorizes the Board Chairperson to execute said agreement and to approve minor changes and agreement extensions, not to exceed a fifteen (15) percent variance, which are consistent with the agreement as approved. BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows: Revenues 3-2210D-152-20-00-2611 Solid Waste Revenues $448 Expenditures 9-10106-M9-01-00-9900 Contingency 448 $-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: Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, FerrenS, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, LaW, Luxon, McConnell, Moffitt. (23) NAYS: None. (0) A sufficient majority having Voted therefor, the resolution was adopted. Misc. 90029 By Finance Committee IN RE: Institutional and Human Services/Health Division - 1989/1990 HAZARDOUS WASTE REIMBURSEMENT AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS this contract is for reimbursement of County expenditures attributable to the field activities, inspection, complaint responses, e and administration of the Hazardous Waste Management Program in Oakland County, with funding made available by the Michigan Department of Natural Resources; and WHEREAS pursuant to Miscellaneous Resolution #89105, application was made to the Michigan Department of Natural Resources for the Hazardous Waste Reimbursement Agreement in the amount of $67,159 for the period October 1, 1989, through September 30, 1990; and WHEREAS the Michigan Department of Natural Resources has awarded the County an agreement in the amount of $65,989 which is $1,170 or 1.7% less than the application for the same time period; and WHEREAS revenue in the amount of $63,355 has been budgeted for 1990 in the 1990/1991 Biennial Budget which is $2,634 less than the reimbursement agreement; and WHEREAS application or acceptance of the Reimbursement Agreement does not obligate the County to any future commitment; and WHEREAS the Office of Corporation Counsel has reviewed the agreement and approved it as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Hazardous Waste Reimbursement Agreement in the amount of $65,989 and authorizes the Board Chairperson to execute said agreement and to approve minor changes and agreement extensions, not to exceed a fifteen (15) percent variance, Which are consistent with the agreement as approved. BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows: Revenues 3-22106-7162-20-00-2188 Hazardous Waste Revenues $2,634 Expenditures 9-10100-909-01-00-9900 Contingency 2,634 $ -O- Mr. Chairperson, on behalf of the Finance Committee, 1 move the adoption Of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Commissioners Minutes Continued. February 22, 1990 37 Moved by Caddell supported by Susan Kuhn the resolution be adopted. AYES: Olsen, Pappageorge, Pernick, Price, Aewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, Moffitt, Oaks. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90030 By Finance Committee IN RE: Institutional and Human Services/Health Division - 1989/1990 MICHIGAN BICYCLE HELMET PROJECT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105 the Health Division applied to the Michigan Department of Public Health for $12,412 to operate a Bicycle Helmet Project from October 1, 1989 through September 30, 1990; and WHEREAS the Michigan Department of Public Health has awarded the County $12,412 to implement the project, the same amount as the application; and WHEREAS the project is 100% grant funded, no additional County resources, including personnel, are required; and WHEREAS acceptance of the grant does not obligate the County to any future commitments; and WHEREAS the Office of Corporation Counsel has reviewed the grant and approved It as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the 1989/1990 Michigan Bicycle Helmet Project Grant in the amount of $12,412 and that the Chairperson of the Board is authorized to execute the grant agreement and to approve grant extensions and modifications up to 15 (fifteen) percent variance from the original award. BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows: Revenue 3-27320-162-33-00-2185 Grant Revenue $12,412 • Expenses 4-27320-162-33-00-1001 Salaries 810 4-27320-162-33-00-2070 Fringe Benefits 300 4-27320-162-33-00-3409 Indirect Cost 85 4-27320-162-33-00-3374 Personal Mileage 213 4-27320-162-33-00-4886 Materials & Supplies $11,004 $12 41? $ Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Law the resolution be adopted. AYES: Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, Moffitt, Oaks, Olsen. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90031 By Finance Committee IN RE: Economic Development Division - 1989/1990 SMALL BUSINESS DEVELOPMENT CENTER GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a report was submitted to the Chairperson of the Oakland County Board of Commissioners for the Economic Development Division's 1989/1990 Small Business Development Center Grant application in the amount of S54 .,000; and WHEREAS the Michigan State Department of Commerce has approved an award of $54,000 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 $105,000 (State Grant $54,000; County Match $51,000) as shown in Schedule A; and WHEREAS the program amount ($105,000) is the same as the program amount for the fiscal year 1988-1989, with the County matching at least 50% of the State Grant as required in the State's policy of grant procedures; and Adopted Budget reflects a byd.9te amount for the Small Business 11B,SS0 in revenues ass - agreement has been ,!.nd .?:.s to legal sufficiency by the 1,11E1.;!EAS the Developt. t4.at th,?. ch wi that. the gralt be -n Bt.I fi coringent 7zaF.e Mn, ChLr ..:..:erso7, d.eclf cf Fioaric ( resolution. (incluric Ne tce .e.,)!.:n of the .fing Title I1-0 is the same as the contract application as detailed award Commissioners Minutes Continued, February 22, 1990 FIMANC: CC.WC G. William Cddell, Charperosn Copy of Schedules "A" and "B" on file in County Clerk's Office, Moved by Caddell supported by Pappageorge the resolution be adopted. Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, (5.s110, Hutc,.•Oensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, Moffitt, Oaks, Olsen, FT-pi4ecrge, (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 90032 Fy finance Committee 1?E: Friend of the Court - ACCEPTANCE OF THE 1990 COOPERATIVE REIMBURSEMENT PRORAM CONTRACT . . . . -.1* the na:.:.18Jv: Courj::,( Board of Comcsioners Mr. Crperse, L.e.o..s and Centlel: A5.2.1A,r-.. the Oaklano Comity Friend of tn.::. Cov.. suNvL.td sWicat the 1990 Cm.pev.ativf. F::-Iqibursoment Pre', (Title TY-D) contract wYth M:1.33.. Resolution Revd Federal and '::ant Application. and 11MAS F'na reerj State of fins f.ha sf 1.1990 y;1 Decer 3), t.Dts S.1fJ ,4 servfe the by ue (3,537,941 Awl. by the County ,254,923 W.ifREAS the cer:tct in the attac5f,6 schedule .;!16 WrEEAS the fuqi.'in.j is included in the 1990-1991 Biennial Budget; and lniPEUS siyis contr a ct has been reviewed and approved as to legal sufficiency by the Office of Corporal FL MI:TEI-13E BE IT RESOLVED that the Oakland County Board of Commissioner accept the 1990 Cooperve 1,10Dursement Program (Title ./V-O) contract for Friend of the Court in the amount of $5,420,g74. EC IT FURTIR RESOLVED fhat the Chairperson of the Oakland Coulty Board of Ccmmisioners is authoried to ry,.eute the .i.rit,-act and approve minor c.nane 7 v! cchct not to exceed (15) ;,erclIt variaine, which are consstant with the contrf,A as r.roved. EL IT FURIHR FSOLVEL the future level of service shall be contingent upon the level of State funding availablo for this program including the continuation of positium. Mr. Chairwcon, on behalf of the Finance Committee, I move the adoption of the foregoing resolution, FINANCE COMMITTEE G. William Caddell, Chairperson Copy of attachments on file in County Clerk's Office. Moved by Caddell supported by Huntoon the resolution be adopted, AYES: Price, Rewold, Skarritt, Wolf, Aaron, Ca6dc1l, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Linton, Mc donnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, (24) NAYS: None. (0) Commissioners Minutes Continued. February 22, 1990 39 A sufficient majority having voted therefor, the resolution was adopted. Misc. 90033 By Finance Committee IN RE: Prosecuting Attorney - 1990 COOPERATIVE REIMBURSEMENT PROGRAM CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a report was submitted to the C'eairperson of the Oakland County Board of Commissioners in accordance with County grant procedures regarding application for the Prosecuting Attorney's 1990 Cooperative Reimbursement Program contract in the amount of $982,456 ($740,106 - State, $242,360 - County); and WHEREAS the Michigan Department. of Social Services has approved the Prosecuting Attorney's 1990 application for the same amount of 5982,456 of which $740,106 (75%) is State appropriation and $242,350 (25%) is County match as detailed in Schedule A; and WHEREAS the 1990 award represents an increase of $109,259 over the 1989 amended award as detailed in Schedule A; and WHEREAS the award includes funding for one (1) additional Assistant Prosecutor I position and one (1) additional Clerk III position effective July 1, 1990, which requires the approval of the Personnel Committee; and WHEREAS the Prosecuting Attorney's 1990 Budget includes funding for the required County match; and WHEREAS the 1990 Adopted Budget is $916,119 for the Prosecuting Attorney's Cooperative Reimbursement Grant revenue and expenses, necessitating Budget amendments increasing both by $66,337; and WHEREAS Corporation Counsel has reviewed and approved this contract as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Prosecuting Attorney's 1990 Coorperative Reimbursement Program Contract in the amount of $982,456. BE IT FURTHER RESOLVED that the 1990 Budget for the Prosecuting Attorney's Cooperative Reimbursement Program be amended as detailed in Schedule B. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be and is hereby authorized to execute said contract and to approve minor changes and contract extensions, not to exceed fifteen (15) percent variance, which are consistent with the contract as approved. BE IT FURTHER RESOLVED that the future level of service (including personnel) shall be contingent upon the level 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 ' G. William Caddell, Chairperson Copy of Schedule H A" and "B" on file in County Clerk's Office. Moved by Caddell supported by Luxon the resolution be adopted. AYES; Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90034 By Finance Committee IN RE: Department of Public Works/Solid Waste - ACCEPTANCE OF 1989 - 1990 ACT 641 PLANNING REIMBURSEMENT CONTRACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #87244 directed the Chairperson of the Board to file a notice of intent to prepare a Solid Waste Management Plan Update as required by Public Act 641; and WHEREAS reimbursement funding is available in the amount of $49,615 from the State of Michigan Department of Natural Resources for Solid Waste for planning efforts under Act 641; and WHEREAS the Michigan Department of Natural Resources has accepted the contracts with Campo, Dresser & McKee as amended and the contract with Bishop, Cook, Purcell & Reynolds as applicable for reimbursement up to $49,615 for solid waste management planning under Act 641; and • WHEREAS the 1990 Revenue Budget included $49,000 in anticipation of this reimbursment award; and WHEREAS this is the third year of this reimbursement award; and WHEREAS the reimbursement contract has been approved by Corporation Counsel as to legal sufficiency; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts and Commissioners Minutes Continued. February 22, 1990 hereby directs and authnrzes the Chairperson of the Board to execute the reimbursement contract with the State of Michigan. Ee.prnt of Natural Resources. BE IT FORTHEJl ,•JU) that he Cakrperson of the Board is hereby authorized to approve minor changes and ext not "Yo exceed fifteen (15) percent variance, which is consistent with the reimbursement BE IT FORPIU r;7..Sr:AED that acceptance of this contract does not commit the County to any future obligation, BE IT Fir.11. 1SCt.7EC th7t the 1990 Budget be amended increasing the Solid Waste rev5 -,..rh, $616 to $49,615 (cf-ol,:rA ,!;.H0:00-Cl-01-00-253-1) and increasing Solid Waste Professional Servic. line item $615 to $487,15 (a.scs:u. !Pi-1":l0-101-01-00-3.128) Mr. Chairperson, ON :],W GT the Finance Committee, I move the adoption of the foregoin resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Crake the resolution be adopted. AYES: Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Nuntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90017 By Planning and Building Committee IN RE: Corporation COURSO - Real Estate Section - ADDENDUM TO LEASE - 52nd/2nd DIVISION DISTRICT COURT To the Oakland County Board if Coloners Mr. Chairperson, Ladies nd Gentlemen: WHEREAS the Claunty 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 2:7, 1985; and WHEREAS the Colt has requested an expansion of its existing premises to include an additional 840 square feq, wrich area is adjacent to its existing space; and WHEREAS the .r .,y:e.!j expansion is necessary to accommodate the increase in filing of active open tickets and one (1) additional Lektreiver filing system, and a Magistrate/ Visiting Judge hearing- room; WHEREAS the ihcreie cct for the additional space of $15,600 per year is within the District Court's 1990-1991 E WHEREAS the Corty :c.ut;ve reu4tods the' expansion of the 52/2 District Court for the 840 square feet as requestes: 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. Fiscal Note (Misc. 90017) By Finance Committee IN RE Corporation Counsel - Real Estate Section - ADDENDUM TO LEASE - 52nd/2nd DIVISION DISTRICT COURT To the Oakland County Board. of Cspmo:i'ssioners Mr. Chairperson, Ladies and Gt.1: Pursuant to Rule XI-'G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90017 and finds: 1) The Second Division of the 52nd District Court (Clarkston) has requested an expansion of its existing premise to include an additional 840 square feet, which is adjacent to its existing space, 2) The County agrees to pay fixed annual rent of $15,600 (based on a rate of $18.57 per square foot for 840 square feet of space) per year from April 1, 1990 through December 31, 1995 the term of the Lease, 3) The County will be responsible for the payment of utilities costs, janitorial services and real estate taxes, 4) The increased costs of additional space and associated costs have been included in the District Court's 1990-1991 Biennial Budget. FINANCE COMMITTEE PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Commissioners Minutes Continued. February 22, 1990 41 Copy of Addendum to Lease on file in County Clerk's Office. Moved by Crake supported by Pappageorge the resolution be adopted. Moved by Chester supported by Pappageorge the Addendum to the Lease be amended by striking Section 5 in its entirety. (5. LANDLORD shall provide at its expense all remodeling necessary for TENANT'S use of the 840 square feet). A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Skarritt, Wolf, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon„ Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Price, Rewold. (21) NAYS: Aaron, Luxon, Pernick. (3) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 90035 By Planning and Building Committee IN RE: Department of Public Works - DESIGNATION OF AN INVESTMENT BANKING TEAM (UNDERWRITERS) FOR THE FINANCING OF THE COUNTY SOLID WASTE DISPOSAL SYSTEM To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen; WHEREAS pursuant to Act 641 of the Public Acts of 1978, as amended, the Board of Commissioners by Miscellaneous Resolutions 82228, dated August 5, 1982, 82243 dated August 26, 1982, and 89214 dated September 14, 1989, approved a Solid Waste Management Plan (the Act 641 Plan) providing for the disposal of all non-hazardous solid waste generated in the County; and WHEREAS the in-process plan update and the goals of the County will provide for a complete Solid Waste Disposal System using a combination of sanitary landfills, transfer stations, material and resource recovery facilities and composting centers with emphasis on recycling, composting and other volume reduction programs; and WHEREAS the County Board of Commissioners by Misc. Res. #87344, dated Decemner 10, 1987, and Misc. Res. #89178, dated July 20, 1989, expressed its intent to issue bonds to finance the facilities acquisition and/or construction costs and all other costs related to the solid waste disposal system; and WHEREAS the County of Oakland through its financial advisors, Public Financial Management, Inc., solicited proposals from the various investment banking firms for underwriting services for such bond issuance; and WHEREAS after review and evaluation of all proposals received, it is recommended that a team of investment bankers be designated to handle the underwriting services for the financing of the County Solid Waste Disposal System; and WHEREAS Public Act 186 of the Public Acts of 1989 requires that the method of financing the system and all activities related thereto shall be approved by the County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the County Board of Commissioners designates the following investment bankers as the underwriting team for the financing of the County Solid Waste Disposal System: Co. - Senior Manager Shearson, Lehman Hutton, Inc. (Lead Book Running Manager) Co. - Senior Manager Kidder, Peabody and Company Co. - Manager Bear, Stearns and Company, Inc. • Pai ne Webber, Inc. Smith Barney Harris Upham and Company First of Michigan Corporation Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson FISCAL NOTE (Misc. 90035) By Finance Committee IN RE: Department of Public Works - Designation of an Investment Banking Team (Underwriters) for the Financing of the County Solid Waste Disposal System To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed aforementioned resolution and finds all underwriters fees and costs will be provided from proceeds from the sale of the bonds. FINANCE COMMITTEE Commissioners Minutes Continued. February 22, 1990 Moved by Crake supported by Ferrens the resolution be "adopted. AYES: Wolf, Aaron, Caddell, Chester, Crake, Ferrens„eGoslihg, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law. Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution Was adopted. 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 Mo. 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 8% 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 Rills, 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 Refunding 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 Fiscal Note (Misc. 90013) By Finance 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: Pursuant to Rule XI-13 of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90013 and finds: 1) The resolution authorizes the issuance of refunding bonds with the County pledging its full faith and credit as the secondary obligator. 2) The aggregate principal amount is not to exceed $3,500,000 at an interest rate not to exceed 8%. 3) The previous bonds were issued with a principal amount of $3,475,000 at an interest rate of 8,8462% 4) The statutory limit for County debt is $2,339,540,375 (10% of 1989 State Equalized Value). As of January 31. 1990. the outstanding debt is $331,267,723 or approximately 1.4% of the 5) No financial impact is anticipated. FINANCE COMMITTEE Commissioners Minutes Continued, February 22, 199C 43 Moved by Crake supported be Volf the resolution be adopted. AYES: Aaron, Ceddell, Ce.eter, Crake, Ferrell's, Gosling, Eunto, Jensen, Johnson, R. Kuhn, S. Kuno, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappaoeorge, Pernice, Price, geld, Skarritt, Wolf. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc, 90015 By Planniog and Pofldieg C:eewaeeee- IN RE e Drain Ceesonee - RE!',OLO:ION TO APPROVE CITY OF ORCHARD LAKE VILLAGE SANITARY SEWAGE COLLECTION AND DISPOL (xWIRACT To the Oakland Ccuey feero a± eoevissioners Mr. Chairperson, Le(•e , end Gentlemen: WWEREM ea!ee and subject. to the terms. of Act 342 Public Acts of Michigan, V39, as amended (Act ":e2") the County of Caklane (.ho "County) is authorized, tnroogh the Crain Commissiener as Cou ,Ay Aoeney, ereeire Poei i_orh,Lrect eal:tary. sewage collectil and disposal facilities to eo, 1:.catd ir th LAC (the "City') aho cDpeity in the E vergreen ari e Sy:;1,E C7 -,:y; the County efic City are euthorized to enie - into a cone -ace fia equisetiel ern( eeeiruction of the e'eeesad- end capacity and for tee firene:lo, uf o the CGS thereof by the yilleoec of e,onds by the County secured by the pcccc cf the full feith and creeeit of the City to :.ee eeeh Ath interest to the County in instaOladre5, e.,eeelino over a period not exceeding forty (40) yeero and the County is authorized to issue s;•ehs bonLs and to pledge its fell faith and credit for th peyment of such bonds and the interest thereon; and WHEREAS the City is in urgent need of such fecilities and capacity to provide the means of collecting and disposing of sanitary sewage ori .jineeo Gity, in order to abate pollution of the waters of tree City and tilos to promote the healte aee welfare of the residents thereo -F, which facilities and capacity likewise would benefit the County and its residents, and the .eertice. hereto have concluded that such feeiitics and capacity can be provided and financed most economically and efficiently by the County tnrougri the egercise of the powers conferred by Act 342, and especially Sections Sc, Sb and Sc t ,;r?()f; WHEREAS the Coutly ieci the City desire to proceed with the acouisition and construction of the facilities and capacity which are described and snown on Exhibits A and A-3 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 fur the Project aid 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 Mark, Inc., said estimates being set forth on Exhibit B to the contract hereinei .'ter set forth in full; and WHEREAS in order to provide for the acquisition er.ri construction of 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 County and the City to enter into the contract; and 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: 1. ESTIMATES OF PERIOD OF liSFF,(K.S-S . AND C(Y:J..:, The estimate of $9,3C0,000 as the cost of the Project a:FT—Ng- as the period of ueetelness thereof, as submitted to this eoard of Comeilioncrs, an and the see are approved and adopt•d. 2. APPROVAL OF CON The Cty of Orchari Lake Village Sanitary Sewage Collection and Disposal SystemOntract, CafeC'a-a of November 1, 1969, )etween the County, by and thrcuod 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 coaterperts 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 Commissioner, County 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. WITNESSETV: WHEREAS the Oakland pervisoThy 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 District (herein called the "Evergreen District"), within which 44 Commissioners Minutes Continued. February 22, 1990 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, 1956 and February 9, 1959. all between the County and the Cities of Southfield, Birmingham, Eloomfield Hills, Lathrup Village and Troy. the Village of Westwood (now Village cf 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 (herein 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 Farmington Sewage Disposal System Agreement dated November 1, 1957, as amended by amendatory agreements dated December 22, 1958 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 WHEREAS 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 ane 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 she 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 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 installments extending over a period not exceeding forty (40) years, and the County is authorized to issue such bonds and, if authorized by majority vote of the members-elect of its Board of Commissioners, to pledge its full faith and credit for the payment of such bonds and the interest thereon; and WHEREAS the 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 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 most economically 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 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 be placed on file in the office of the County Agency, said estimates being set forth in Exhibit B hereunto attached; and Commissioners Minutes Continued. February 22, 1990 45 liHEREAS in order to provide for the acquisition End corrOircotior of the Proot - by the County are the financing of the cost thereof by the issuance of (oin-o.i., •onds, and for bi .:ec rioted matters, it is necessary for the parties hereto to enter into 1.;, is MERU-ORE, IN CONSIDEI;ZATION CF THE PREMISES AND THE CnivEICi CIF EACH OTHER, THE .T(TIES HERETO AGREE AS FOLLOWS: I. The parties hereto do hereby approve cud iorea ta the establishment, acounc'tion, construction and financing of the Project, as herein previ;led, pursuant to bc., E4;;2. The City, oy way of coopliance with Section 29, Article VII, Michigan l.onscitutior of 19113. c..i...attu and agrees to the location of portions of tne Project within the or p0050 founearies of the CPcy to the use by the County of its streets, highways, alleys, lands, riObc-of-ay oi otUe.r o)bil ;aces for the purpose and facilities of the Project and any improtnitc, eflareome'tb - od' o ,-eh'ions thereof, and the City further agrees that, in order to evidener. add effecto.ete f!,o ftroaoing agreoment and consent, it will execute and deliver to the CcAnty ouch grans o: eazosocnt, right-of-way, license, permit or consent as may be requested by the Count'. 2. The Project shall consist of (I) the sanitary sE,,Jr:ge and disposal facilities located in the City described col Exhibit A-1 which is hert;nto attached ord iThich is hareby made a part hereof, and as Sie mboe particularly set forth ir the prelimionry ploro, Yhich have teen prepared and submitted by . 7.1". consulting engineers, County Agehey and are approved aid vorito the "City System', a described on Exhibits A and A-1 (Vie "Eyergreen-Faoirn:roton. Ca. abquired and constructed substantially in accord& accordance with final plans and specifications to be pro engineers, but variations therefrom which. no ncit materially of design the tcz. , Other variati.-a e City Couqcil ...on,bnt or financinj on Capacity sfell agreement and ether aoreo-Foil as-ono the ileite of cost C' if:.- Project and the hi_it 6 not abnrovnd oopted. rt:::cree. or necessary, 'e cf bones tho C: or ore or rare series, in whatever aggresate princioal amount is necsssary to bc so. fino.rea; to ;:itrouy that part; of the total cost to the County of the Project which is in excess of fui.js availat:ae. f.nom ether sources. Such bonds shall be issued in anticipation of, and be payable primarily from, thE , payments to be mode by the City to the county as provided in this contract, and stall be secured secondarily, if so voted by the Board of Cormissioners 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 mare than forty (40) years from the date thercoti 4. The County Agency shall proceed to take construction bids for the Project and, subject to the sale and delivery of sEid 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 to 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 recuired payments to contractors shall be approved by the consulting engineers before presentation to the County Agency and tie latter shall be entitled to rely on such approval ir making nifyiacuc'o. The County agrees that it will secure and maintsln, or cause to te secured and maintained, during the period of construction adequate property dame.ge and public liedsility insurance covering all facilities to be constructed pursuant to this contraot. All policies and. ).,eoctrarea of insurance shall provide that the County and the City shall be ilinfed parties thereunder and shall contain a provision requiring that the City be notified at least ten days prior to cancellation thereof. One copy of each policy and memoranduh Sf insurance shall be filed with the City. 5. It is understood and agreed by the parties hereto that the Project is to serve the City and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the City. It is the responsibility of the City tc require connection to and use of the facilities of the Project and to provide such additional facilities 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 in paragraph 2 hereof. 6. The city shall pay to the County the total cost of the Project, loss such funds as may become available from other sources. The total cost for this purpose shall include, in addition to the items of the nature set forth in Exhibit S (represented by the principal amount of the bends to ba 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 oharges"). Such payments shall he made to the County in annual or semiannual installments which snail 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 of the City System, and Ciich do not require En incr , Project, may be permitted on the authority of the County Aocia made if approved by the: County Agency and by resolution ro provisions required by Pari::graph 8 hereof are made too increase in the total estimated cost. The Evergroe- constructed in accordance with the provisions of thi County, the City and other public corporations. Th estimate of period of usefulness thereof as set forth. i 3. The County Agency shall take or cause to in accordance with Act 342, to proccre the issuance :th plans arc on nit nie.;'n the (2) the capacity in tio '"), Inc City System shmll be said prelinirary plans cod, in d Enimitibb the locator h. b.,. the cansulting ify or overall ceot of the ray be e City ard if resulting :,oeuired and 46 Commissioners Minutes Continued. February 22, 199C during the twelve-month period beginning on such principal maturity date in said year, and the amount of each installment so due and payable shall be at least sufficient to pay all such principal and interest thus fal1;ng 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 Agency 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 under the authority of this contract to defray a part of the cost of the Project, the foregoing obligations shall apply to such part of the cost and to said additional bonds insofar as appropriate thereto. 7. The 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 emount of (b) by paying to the County in cash the principal amount of any County bonds which are subjeet to redemption prior to maturity, plus all interest thereon to the first date upon which sueh bends may be called for redemption, and plus all applicable call premiums and bond service charges, and in such event the County Agency shall call said bonds for redemption at the earliest possible date; provided, however, that such advance cash payment and credit therefor shall be limited in amount at any given time to the amount of bonds available for redemption by call within the twelve-month period succeeding the date of the advance cash payments. The installments or parts thereof so prepaid shall be deemed to be the installments or parts thereof falling due in the same calendar year as the maturity dates of the bonds surrendered or called for redemption and bonds so surrendered or redeemed shall be cancelled. 8. In the event that it shall become necessary to increase the estimated cost of the Project as hereinbefore stated, or if the actual cost of the Project shall exceed the estimated cost, whether as the result of variations or changes permitted or needed to be made in the approved plans or otherwise, then (without execution of any further contract or amendment of this contract) the 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 (upon adoption of an authorizing resolution therefor by the Beard 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 estimeeeee cost of the Project or of any excess of actual cost over estimated cost would be to cause the tetal cost of the Project to exceed by more than 5% its total estimated cost as nereintefore statec, the County shall not enter into any new or further contract or change order for acquisition or construction of the Project or any part thereof or incur any new or further obligation for or pay any cne., 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 be defrayed by the issuance of increased or additional County bonds in anticipation of increased or additional payments agreed to be made by the City to the County in the manner hereinbefore 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 issuance of additional bonds by the County, if the County has previously issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of the additional bonds is necessary (as determined by the County) to pay such increased, additional or excess costs as are essential to completion of the Project according to the plans as last approved prior to the time when the previous bonds were issued or contracted to be sold. 9. If the actual cost of the Project is less than the total estimated cast, any surplus available to the County from the sale of County bonds, at the option of 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 Commissioners Minutes Continued. February 22, 1990 47 year of the stated maturity of said bonds shall be r€duced by the principal amount thereof, 10. Should the City fail for any reason to pay the County at the firan, i.ieti,ea the amounts herein required to be paid, the City hereby iuteoriees the State 71n1astau ntenn of'cial charg-d with the disbursement oi enrnaitriet.ei retornatIc te the Cie! tn the Michigan constitution to withheld satintinnt to. make up any deinult n.nds. If the full faith and credit of MQ CnerIy are dlan:ht for the prompt oavi.ent of nhint:re l of and interest on the bonds to be isane.e.b tee Couuty and if the (lointy ,...nnT-te to ,n.isce any money by reason of suck pledge on accnunt of the delinquency of iine City, tne is authorized hereby to notify the State ineasener to deduct the eineunt Lon.:Fe •t.oalnen the County from any unrestricted monens in the State Treasoeer's peasession -••LFrjf:.: tu and to pay such amount to the Cont The foregoing shall not ottnle limit the County's -ttt In -n,irsati any utter legal remedies for the reimbuneement 4.oneva. adtronond on •a..C1Jtt 01 tbo CefanTt City, IL The City, pursuant to tho nuthorititn at ',action Se of ;le - rlegeS its fell faith and credit for the prraot End eine•y nsnnair of its nnii .naeons utpc-esne this contract and shall each year levy a tee an •nvient hcn , tai;)n into .LOV:5 ,',;'.:•c.ncimated delinoeencies in tax coilections, will •JUtit-eit to pay its ol:i!iane,ons pnnet Idris •eetnact becoming due before the time of the follnwing year's tax eallectiona eeinzido, teveven, that if at the time of making its annual tax lavy,C City n:sall kave on htnni nesh on etaer fiear. which nave been set aside and pledged or er's budxnated or otherwise one pavm&nt of such contractual obligations falling du?. pn'er to the time of the tet re -ctiah, te.ie annual tax ley/ may he reduced by such au.otint, Taxes levied by the City s;ntil be without lir:.:tation as to rate or munt, The City Council each soar, at least 90 days brio- tn the final dan itetie4 by law for the making of the annual tax levy, shall subait to the Co:ibt..! 4•ncl/ a wrl'jar setting forth the amunt of its obliiotions to the County which 'os.... oie. too ace na .naLle dnnor this contract prier to the time of th e next following year's tax zollections, the amount of the funds which the City has or will have on hand or to its credit in the hai:ne cd the County have been or will tie set aside and pledeed for payment of said obligations. is the County, and llta amount of the City taxes next proposed to be levied foe the purpose of raising rinty to met such ri.tations. The County Agency shall review 0 stet,ament promptly and, if he finds that the proosed 1 .,.x levy is insefficient, he shall so r,f,,ffe Cnuncil, and the City henety coyeranls aeT aenees that it thereupon will increase its navy to. tie.% extent as may so reonired by the Connie/ Pnt entnt. 12, No charoo in the li(rselcnicn cnetir any tcrritT,ry in the Ziny in any manner the obligaticns of this con tras , or affect the colignHena of the Cite hercenelcn% In the event that all or any part of the t.err:tory of the City is iacnrdorated as a na. citycc village or is annexed to or becomes a. part of the territory of adether mLntniFfrity, tic a ,niitility into which such territory is incorecrated or eb which such territory i ann.nxed shi,h a'tqe:fit the proper proportionate share of the contractual obligations (including the pleo of full rn't sod credit) of the City, which proper proportionate share shall be fixed and dntermined by the County Agnnce and shall be binding upon all pErties concerned unless, within sixty 1, iC days after such incorporation or annexation becomes effective, the governing body of the menicipelity fate which such tenntory is incorporated or to which such territory is annexed and the City Council of the hity. by mutual agreement and with the written approval of the County Agency, shall fix and determine sucn proper proportionate share, The County Agency, prior to making such determination, shall receive a written recomendation as to the proper proportionate share from a committee composed of one nepresentative designated by the City Council of the City, one designated by the governing bony of the new munic:pality or the municipality anney.ing such territory and one independent registancb engineer appointed by the County Agency. Each governmental unit shall adpoint its representative within fifteen (15) days after being notified to do so Py the County Agency and within a like time the County Agency shall appoint the engineer third member. If any such representative (other than the appointee of the County Agency) is not appointed within the time above previded, then the County Agency may proceed without said recormieneation. 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 5e, 5n and Ec 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 expenses theretofore incurred hereunder and shall be entitled to all plans, 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 government or any other source, the City hereby agrees to adopt such resolutions or ordinances as may be required and the Project and the System- the terms of the grant, advance to raise and make such local e this contract to be executed and espective .fy.,vernin:g bodies of such 'COUNTY OF OAKLAND By! C-65717171lin Commissioner (county Agency) Cui. • -,""he en. resolutions and parts of resolutions insofar as they All 1nded. 48 Commissioners Minutes Continued. February 22, 1990 by state or federal laws, regulations or eligible to accept and receive the grant, or payment require a local contriliti-ic contribution. 15. The County shall h as herein expressly provided with nes by contract. The City shall h.:.:va facilities and shall have the extending sewers or related fAcil the Project. It is expressly. Project and no improverrtals. er“E a permit therefor froll the ..61..at• and approval of new cor3tri:ctor shall be used for collection necessary action to prevent. ents-e, sewage or wastes of such a charar -. public health and safety. 16. All powers, exercised and performed !ay provided by law or in consultants, such covewnrts County and of the City necessary to comply with the the obligations of the City valid and binding obligations from gross income for federal and such procedures shall be the County Agency which the City issuance and delivery of ary bonds. 17. The parties :leresto. Issued by the County under the p pledge- of the City- to contractual rights in this cc.:( of said bonds shall remufr subject to any alteration of the bonds or the proW payme , this contract, by amendment, s'Jpslerishal oorm the same do not have such. adversu ofect.. each will comply with their re.si-yec.tiv promptly, at the times and in the manner which would in any way impei:- 1 payment of principal and int:!rest and of any amendatory or suppie:rterial controt insofar as they pertain to said boris ca to the be for the benefit of the holders of seslt ccnds, 18. In the event that any (M2 or more reason be held to be invalid, illegal cr unenEurue or unenforceability shall not a'.:Fect construed as if such invalid, illogal or unca:hrueae. 19. This contract shall bc,cow approval by the vote of a major1t.',5 o at a general or special election. hereof or on such earlier date sh terminated at any time prior to the bonds together with all bond service executed in several counterparts. The be binding upon the successors and IN WITNESS WHEREOF, the hes.sto delivered by the undersigned, 1)2111.1 duly parties, all as of the day and year first above writt CITY OF ORCHARD LAKE By: ayOr By: City Clerk 3, CONFLICTING PI may be in confMt. herewiiji - htion or' the acq.A anh provisions of A. cf tho pir! 7n2', 1-irp fac1lities except. otrT-rwise provided Provide such other cri:tracting or .arYise improving made to tie 'St sec,Jr.g -.; ann avent eutry bf ix the eon ther'i,nse aid of its ficials of the and operating as are crieste and maintain 1. to the bonds as e bonds is excludable eutations warranties !,:n(utions pepared for anopt. at or prior to of the bonds to he full faith and credit contract, will have reed that so long- as any contract shall not be lect either the security right to make changes in .erti.Iess reserved insofar as further- coveaJt and agree that they c.=:s uldor the terms of this contract wilI not suffer to be done any act Hiarefor, or the prompt the. -varims of th -k .:ottract enl ;rte pursuant : y thereof, shall be deemed to -;ons of this contract shall for any o any respect, such invalidity, illegality sihrs hereof, but this contract shall be Drovision has never been contained herein, n oy:c.Jtion by each party hereto and its City sloalified to vote and voting thereon riTirh'te forty. (40) years from the date v:ded. hoever, that it shall not be '1 and interest on the County :snrei.r., This contract may be t snail i:nre to the benefit of and Commissioners Minutes Continued. February 22, 1990 49 Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. Fiscal Note (Misc. 90015) By Finance Committee IN RE: Drain Commissioner - UWLUTION TO APPROVE CITY OF ORCHARD LAKE VILLAGE SANITARY SEWAGE COLLECTIA AD DISPOSAL SYSTEN$ CC‘Jr...:"!.C.7 To the Oakland County Board 4:_; Comssin.uers Mr. Chairperson, Ladies and Geutirier:: Pursuant to Rule XI of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90015 and finds: 1, The resolution af.p ,is the contract with the City of Orchard Lake Village for this project with an estimated cost it 'S.0.3 million. 2. The voters within the city have approved the contract. 3. Funding will be pk%';iJ.4 through the issuance of bends pledging the full faith and credit of the City as the prima.:....... ,j-Ttor and the full faith and crcdit of the County as the secondary otlqator. 4. The statutory limit -ft.r Criity debt is 2,339,540,375 (10% of 1989 State Equalized Value). As of January 31, 1990, the outstanding debt is $331,267,723, or approximately 1.4% of the S.E.V. 5. No financial impact is anticipated. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Law the resolution be adopted. AYES: Caddell, Chester, Crake, Gosling, Runtoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron. (23) NAYS: None, (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90036 By Plaunin and Building Committee IN Vr.: Drain Commissioner - UFALIITION TO APPROVE FIRST AMENDMENT TO HURON-ROUGE SEWAGE DISPOSAL SYSTEM. WALLED LAKE-NOVI WASTEWATEk TREATMENT PLANT 1989 ENLARGEMENT CONTRACT To the Oakland County Board of Commissioners Mr. Chairpeeson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Cities of Walled Lake and Novi have entered into the Huron-Rouge Sewage Disposal System Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargement Contract pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended; and WHEREAS it is necessary to approve a revised cost estimate for the project and to amend the aforesaid contract. THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. The revised estimate of $7,455,000 as the cost of the Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargement, as submitted to this Board of Commissioners, is approved and adopted. 2. The First Amendment to Huron-Rouge Sewage Dis?osal System Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargement Contract, dated as of March 1, 1990, among the County, by and through the County Drain Commissioner, party of the first part, and the Cities of Walled Lake and Novi, parties of the second part, which First Amendment has been submitted to this Board of Commissioners, 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 maybe deemed advisable, after the First Amendment has been executed by the appropriate officials of the cities. The First Amendment reads as follows: FIRST AMENDMENT TO HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED LAKE-NOVI WASTEWATER TREATMENT PLANT 1989 ENLARGEMENT CONTRACT THIS CONTRACT, made and entered into as of the first day of March, 1990 by and among the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred to as the 'County), by and through its Drain Commissioner, County Agency, party of the first part, and the CITY OF WALLED LAKE and the CITY OF NOVI, home rule cities located in the County (hereinafter sometimes referred to as the RCities*), parties of the second part. WITNESSETH: WHEREAS the County and the -CT-TIF -EFFF"e have entered into the Huron Rouge Sewage PLANNING AND Pe'LDING COMMITTEE Larry Crake, Cii,Jirperson rties •ther, :11,ur!ty 'EMS all aolaPy to such pi • Arm in at fhc roaAirlum i.y be as fclles; cn. Wailed Labe - Novi Wa.stwater its execn by each party :on :rf She notices re-aired ;per pet: ion is of ;.ct 342 a mas:orit-,, of the eIectisn. This c:lier date 6S" shall be prior tr., payment bond service charges diyY:cparts. The proici:Ls of successors and assivc cf the CITY OF WALLED LAKE By: CITY OF NOVI By;,_ - By 50 Commissioners Minutes Continued. February 22. 1990 Disposal System Walled Lake - Novi Wastewater TrWrik Enlargement Contracel amended; and WHEREAS it now is noces,,rN to ama..:,nd 11 THEREFORE, in hereto agree that Sc read as follows: 6. The may become available. addition to the items sf amount of the bonds 1 sources). all interest expenses and charges account of said Cords The 'cost of the Proi on Exhibit 8:Rev the County in ar day of the morth FT:ec annual installPen; the bonds falls due year, and the amourt city's share of ej then due and payz the purchaser, shall and interest maturit:;es due to made by each on such date. If a to a penalty of due. Failure of shall not excuse a by each City when bus- the event that additioraj defray a part c:'" cosL cost and to said If a gr•nt, a: any other source, each by state or federal laws, and receive the grant, a local contribution, ea.;-: 14. Upon comp:e accordance with the aasc number of units which the the prosions of T flent 1939 Erl,, ...!Afffht Contract the "1989 Pal'c sf Michigan, 1939, as fords as . in pal Alf Ju ,niy cot after Ored e made In act to - the state rr gc.var-s:'f:r c or he ,.aroired s.cept we the 1 i9 Lrlarg This First Ameldnel Treatment Plant 1989 Eniarrje4lent hereto and the expiration of by Section 5b of Act 342; prt,vided. howesf-r, th.A filed with the City CleA of a City in accorc ,a then this contract shell not become effac .tive electors of the City qa.a.:lified to vote. contract shall terminate forty (40) yrs mutually agreed; providd, however, tht in full of the pri;icpal of and intit pertaining to said bonds. This Contract may hc this contract shall inure to the benefit of and parties hereto. IN WITNESS WHEREOF, the parties he , delivered by the undersigned, being duly av.heayi7ed re parties, all as of the day and year first_ COL:U1 nptNAAND BY: (County Agency) ; s contract to be cAecutEd and ctive governing bodis of such Commissioners Minutes Continued. February 22, 1990 SI Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution, PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Moved by Crake supported by Caddell the resolution be adopted. AYES: Chester, Crake, Gosling, Huntoon, Jensen, Johnson, P. Kuhn, S. Kuhn, Law, Lnxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold„ Skarritt, Wolf, Aaron, Caddell. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90037 By Planning and Building Committee IN RE: Economic Development Division - RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (TIODIZE/MICHIGAN, INC. PROJECT) - CITY OF NIXON To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to all.-rspa'ce and prevent conditions of unemployment, to assist and retain local industrial and commercial enteorises in order to strengthen and revitalize the County's economy and to encourage the locat•ri and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Cororations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended. (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development-. Corporation (the 'EDV); and WHEREAS the FDC has commenced proceedings under the Act for the benefit of such a project (Tiodize/Michigan, Inc. Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS. OF THE COUNTY OF OAKLAND, as follows: 1. The Project Area, as described in Exhibit A attached hereto, as designated by the EDC to this Board is hereby certified as approved. 2. That, it having been determined. thatthe territory surrounding said designated Project Area will not be significantly afferIcd by the Project because the surrounding i.c,:itory is devoted to commercial/industrial uses, a Proje:",. District Area having the same descriptien as and boundaries coterminous with the Project Area herein certified as approved be hereby establiohed. 3. That, it having been determined that there are less tiun eighteen (18) residents, real property owners, or representatives of establishments located within the Project District Area, a Project Citizens District, Council shall not be formed pursuant to Section 20(b) of the Act. 4. That the County Clerk is hereby directed to provide four certified copies of this resolution to the Secretary of the Board of the EDC. The Planning and Building Committee, by Larry Crake, Chairperson, moves for adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Moved by Crake supported by Skarritt the resolution be adopted. AYES: Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90038 By Planning and Building Committee IN RE: Economic Development Division - CONFIRMATION OF APPOINTMENT OF ADDITIONAL EDC DIRECTORS (TIODIZE/MICHIGAN, INC. PROJECT) CITY OF WIXOM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of the Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (Tiodize/Michigan, Inc. Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation DC Commissioners Minutes Continued. February 22, 1950 in connection with said Project, in accordance with Section 4(2) of the Act; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, as follows: I. The appointments of William P. Barlow, III and Darwin Parks, who are representative of neighborhood residents and business interests likely to be affected by said Project to the Board of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2) of Act No. 338 of the Michigan Public Acts of 1974, as amended. William P. Barlow, III and Darwin Parks shall cease to serve when the Project for which they are appointed is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefor. 2. All resolutions or parts thereof in conflict with this resolution are hereby repealed, buts only to the extent of such conflict. 3. The County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of Economic Development Corporation. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by Skarritt the resolution be adopted. AYES: Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90039 By Planning and Building Committee IN RE: Department of Public Works - AUTHORIZATION TO RECEIVE BIDS - MATERIALS MANAGEMENT CENTER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a parcel of property on Oakland Avenue was recently acquired by the County; and WHEREAS this parcel contains a 20,800 gross square foot building; and WHEREAS it has been determined that the best use for this vacant building is as a warehouse for the Materials Management Division; and WHEREAS the cost of converting this vacant building into a warehouse has been estimated to be $630,000; and WHEREAS funding for this project is available in the Materials Management Center line item of the 1990 Capital Improvement Program, NOW THEREFORE BE IT RESOLVED that the Department of Palk. Works, Facilities Engineering Division, be, and is hereby, authorized to advertise said project for bids, receive bids, and to report to the Planning and Building Committee upon receipt and tabulation of such bids. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by Chester the resolution be adopted. AYES: Huntoon, Jensen, Johnson, R, Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Gosling. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90040 By Public Services Committee IN RE: Animal Control - ESTABLISH 1990 MUNICIPALITIES ANIMAL CARE CENTER RATES FOR BOARDING AND DISPOSAL To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Control Division administers the provisions of P.A. 339 of 1919 as amended (the Dog Law); and WHEREAS the Animal Control Division renders services to local jurisdictions on Purchase of Service Contracts; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #89012, dated February 9, 1989, established a unit price of $10.06 per day to be charged for board and care; and Commissioners Minutes Continued. February 22, 1990 53 WHERe!::f the Oakland County BoarO of Commiesi'oreare by Miscelleoeees Reselution knOlS dated February 9, 19 ,..;9 ; established a unit priee of 57 fee disposal of Hee:i aed unit price of $9.l2 for live small animaTs ene e p:,,- of 12.16. for eiso2.sal O br,-e-Jed eeiaAs; and WHEREAS the Oakland Connly. Ooetrel Division hes experieheOr an oseti'affon in animal care rates for boardiac ene doo .i 1 i the past_ Teree years, primarily due to the erratic pattern in the total 71ceesi,-:.e. WHEREAS this fluntaeeeei ie ;e:Je feesmpted a need to reviev , the methodelooy for calculating the rates for WHEREAS the Animal Control bi,tis[an and lire Department of Manna:mei .? and Budget have devised a method using a four-year moving average cf total processings, whiea weele result in a. more accurate measure of total processings, as well as recovering true cost as detailed in the attached summary packet; and WHEREAS the Oakland County Animal Control Division and the Department of Management and Budget ; through a cost analysis, recommend that the rates should be increased to a unit price not to exceed $8.45 for disposal of small dead animals and a unit price not to exceed $9.54 for live small animals be charged and a unit price not to exceed $2.34 for disposal of boarded animals be charged and a unit price not to exceed $10.51 per day to be charged tor board and care, and WHEREAS the government 'of Oakland County would recover 1005 of its costs for diseesal. NOW THEREFORE BE IT RESOLVED that the Oakland County Board. of Commissioners does hereby establish a unit price not to exceed $8.45 for disposal of dead small aeials be charged ; and a unit price not to exceed $9.54 for disposal of live small animals be charged., and a unit price not to exceed $2.34 for disposal of boarded animals and a unit price not to exceed $10.51 per day for board and care be charged to municipalities purchasing service contracts with the Oakland County Animal Control Division. BE IT FURTHER RESOLVED that the County Executive is authorized to execute Purchase of Service contracts with local jurisdictions at the aforementioned rates. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard P. Kuhn, Jr., Chairperson Copy of attachments on file in County Clerk's Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90041 By Public Services Committee IN RE; Community Development Division - PROPOSED RESOLUTION TO TRANSFER COMMERCIAL ASSISTANCE PROGRAM FUNDS (CAP) To the Oakland. County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has been a recipient of Community Development Block Grant funds from the U.S. Department of Housing and Urban Development since 1974 and has operated a residential rehabilitation program since 1976; and WHEREAS the County of Oakland by Miscellaneous Resolution #82283 of September 21 ; 1982 adopted the basic concept of utilizing Community Development Block Grant funds to leverage private financial resources for the rehabiliteolon of residential and commercial property; and WHEREAS the County of Oakland by Miscellaneous Resolutions #85158 of May 23, 1985, #86037 of February 27, 1986 and #87228 of September 3, 1987 designated communities and funding allocations for the Commercial Assistance Programs; and WHEREAS the County of Oakland by Resolution #85118 of April 18, 1985 approved general criteria and procedures for the recapture and reallocation of unused CAP funds which reallocation procedure was modified by Resolution #88141 of May 26, 1588; and WHEREAS in accordance with the provisions of Miscellaneous Resolution #88141 regarding the criteria and procedure to reallocate the recaptured CAP funds, the Oakland County Community Development Division established the Oakland County Commercial Assistance Program (CAP) Loan Pool; and WHEREAS the Oakland County Community Development Division has determined an excessive uncommitted fund balance in the Commercial Assistance Program Loan Pool based on prior year's activities as reflected in Attachment A; and WHEREAS the Oakland County Community Development Division has experienced a decrease in HUD's allocation ($127,000.00), decrease in program income ($30,145.00) and a net increase in administrative costs ($42,855.00) totaling $200 ;000.00 for funding the 1990-91 program year; end WHEREAS the Oakland County Community Development Division recommends the transfer of $200,000.00 from the 1985 CAP Loan Pool to the 1985 Oakland County Home Improvement Program Account for the purpose of maintaining the same program funding level for program year 1990-91 as it is for the current program year for the 49 participating communities and the Home Improvement Program; and WHEREAS the Oakland County Community Development Citizens Advisory Council, by a vote of 54 Commissioners Minutes Continued. February 22, 1990 11-0, recommends approval of the transfer of $200,000.00 of 19P5 Oakland County .Commercial Assistance Program Loan Pool funds to the 1985 Oakland County Home Imnrovement Program Account for the purpose of maintaining the same funding level for the 49 participating communities ancnthe Home Improvement Program for program year 1990-91 as it is f,r 1989-90. NOW THEREFORE BE IT RESOLVED that the 0klend County Board of Commissioners hereby authorizes the transfer of $200,000.00 of 1986 Commencjal Assistance Program Funds to the 1985 Oakland County Home Improvement Program Account for the purpose of providing the same level of funding for the 49- participating communities and the home improvement program for program year 1990-91 as it is for 1989-90. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution, PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Moved by Richard Kuhn supported by Susan Kuhn the resolution be adopted. AYES: Jensen, Johnson, R. Kuhn, S. Kuhn, Law, UAW'', McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt. Wolf, Aaron, Caddell ; Chester, Crake, Gosling, Huntoon. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90042 By Public Services Committee IN RE: Sheriff Department - CONTRACTED PATROL FOR OAKLAND COUNTY PARKS AND RECREATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and WHEREAS the Oakland County Board of Commissioners in its 1990-1991 Biennial Budget and General Appropriation Act transferred twenty (20) Safety Officer positions to the Sheriff's Department; and WHEREAS six (6) of these positions were considered Park Patrol and contracted for between the Public Safety Division and Parks and Recreation; and WHEREAS the Sheriff Department in conjunction with Parks and Recreation is proposing to contract for services per the attached agreement for one (1) Deputy II, two (2) Deputy I's and fifteen (15) Part-Time Non-Eligible Park Deputies. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into an agreement with the Oakland County Parks and Recreation Division for the purpose of Law Enforcement Patrol Service at the rates included per Schedule A. BE IT FURTHER RESOLVED to create a new Part-Time Non-Eligible classification titled Park Deputy with the following hourly rates: BASE 1 YEAR 2 YEAR -677 7.71 BE IT FURTHER RESOLVED to take certain personnel actions in the Protective Service/ Contracted Patrol-Park unit (436-16) relative to the implementation of this contract: 1. To delete three (3) vacant Deputy I positions (#02714 ; #06534, and #06734) 2. To reclassify one (1) Deputy I-S position to Deputy II-A (#01788) 3. To create fifteen (15) governmental Part-Time Non-Eligible Park Deputy positions funded for 600 hours each. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. Report (Misc. 90012) By Personnel Committee IN RE: Institutional and Human Services/Community Mental Health - CREATION OF ONE Cl) 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. Commissioners Minutes Continued. February 22, 1090 55 Mr., Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE. John P. Calandro, Chairperson Misc. 90012 By General Government Committee IN RE: Institutional and Human ',..-a:tices/Community Mental Health - CREATION OF ONE (1) PART-TIME/ NON-ELIGIBLE TRAINING LEArXR POS;TION FOR THE ADULT DAY PROGRAM To the 0ak:and. County Pearc; u GiaraEsioners Mr. Chairaer•;n, Ladies. p.ad WHEAA the Community Mental Health Adult Day Program provides training in fundamental living activities to 133 severe li ani multiply impaired individuals; and WHEREAS during emplovre 0:esences, clas:aeoom responsibilities are assigned to a supervisor or a classroom of clients is reassigned to severe other classrooms for training by remaining staff; and WHEREAS these alternatives for the Adult Day Program are inappropriate programmatically and would also place Community Menthl Health's Medicaid reimbursement eligibility in jeopardy; and WHEREAS the Community Meatal 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 availa'•le in the division's budget, and no additional County funding is required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Community Mental Health Board's re quest to create one (1) part -time/non-eligible 1,000 hour governmental Training- Leader - 0 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 the General Government Committee, I move the adoption of the foregoing resolution. Fiscal Note (Misc. 90012) By Finance 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: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90012 and finds: 1) The Personnel Committee recommends the creation of one (1) part-time non -eligible 1,000 hour Training Leader - U position be created in Community Mental Health's Adult Activities Unit (#166-24) to cover employee absenteeism; 2) Position cost for 1990 equals $8,326, 1991 cost equals $9,873; 3) Funds are available in the Adult Activities Unit - Client Services Budget to cover the position cost, no additional appropriation is requested; 4) The following budget amendments are recommended: 1990 1991 4-22200-166-24-00-1001 Salaries $ 77.40 $ 1cMo 4-22200-166-24-00-2070 Fringe Benefits 136 873 4-22200-166-24-00-3042 Client Services (8,326) (9,873) FINANCE COMMMT17— G. William Caddell, Chairperson Moved by Skarritt supported by Olsen the resolution (with a positive Fiscal Note attached) be adopted. AYES: Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Gosling, Huntoon, Jensen. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report By General Government Committee IN RE: ACT 641 SOLID WASTE PLANNING COMMITTEE APPOINTMENTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee hereby recommends the appointment of the following GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson 56 Commissioners Minutes Continued. February 22, 1990 individuals to the Solie Waste Planning Committee for two-year terms ending January 1, 1992: SOLID WASTE MANAGEMENT 1NDUS-P1. (4) - Rora16 S. Baker, Robert Ryan, Nick Medias, Thomas Waffen* RIVITT -ome Amber ENVIRONMENTAL IliTEREST GROUPS -(2) - Mary Shaw Moore*, Robert Seccombe - Lawrence R. Pernick NSHIP GOVERNMEgT (1) - JoAnn VanTassel CITY GOVERNMENT (1) - Edward Leininger REGIONAL SOLID WASTE PLANNING. AGENCY (1) - rLd Star;c4 ames Meenahan, David St.;-;;sci, or King NON-VOTING ADVISORY - Michael Miller, CMuCa Filler, George Karas, Michael Tyler*, Chester Koop*, Sandra Dyl*, Thomas BiaseIl GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Crake the report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt supported by Crake the appointments be confirmed. AYES.: R. Kuhn, S. Kuhn, Law, Luxon, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Huntoon, Jensen, Johnson. (21) NAYS: Gosling. (1) A sufficient majority having voted therefor, the appointments to the Solid Waste Planning Committee (for two-year terms ending January 1, 1992) were confirmed. Misc. 90043 By General Government Committee IN RE: Board of Commissioners/Law Library - RECLASSIFICATION OF SECRETARY I POSITION AND CREATION OF STUDENT POSITION To the Oakland County Board of Commissioners Mr. Chairperson Ladies and Gentlemen: WHEREAS the Secretary I position in the Law Library has recently become vacant; and WHEREAS the current needs of the department involve duties at the Library Technician I level rather than the Secretary I level; and WHEREAS the steady increase in the volume of materials in the Law Library would warrant the full utilization of a student position; and WHEREAS these proposed changes would require no additional funding and would result in savings in salaries for 1990. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners downwardly reclassifies the vacant Secretary I position (00910) in the Law Library Unit of the Board of Commissioners to Library Technician I. BE IT FURTHER RESOLVED that one (1) governmental Student position be created in the same unit. Mr. Chairperson, on behalf of the 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 Personnel Committee and the Finance Committee. There were no objections. Misc. 90044 By General Government Committee IN RE: (SUPPORT) INSTALLATION OF EMERGENCY COMMUNICATION SYSTEM ON 1-696 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS several communities near the recently opened final section of 1-696 have expressed concern about the lack of an emergency communication system on this heavily traveled roadway; and WHEREAS most of the through lanes are twenty feet below grade level which makes it extremely difficult, and possibly hazardous, to walk to an exit for assistance in case of a vehicle accident or breakdown; and WHEREAS the Michigan Department of Transportation (M-DOT) has been deluged with resolutions and other correspondence from Oakland County citing the need for some sort of emergency 'Mew Members Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. LYNN D. ALLEN Clerk ROY REWOLD Chairperson Commissioners Minutes Continued. February 22, 1990 57 communication system; and WHEREAS M-DOT has issued a statement saying, the matter is being studied"; and WHEREAS among the possible emergency communication system alternatives, presumably included in the M-DOT study, are individual telephones and a cellular network of emergency stations, each with a push button for activation and a slot to speak into. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges M-DOT to expedite its study and install an Emergency Communication System on the new section of the I-696 freeway. BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Blanchard, State Legislators from Oakland, the County's Legislative Agent and the Oakland County Road Commission, Mr, Chairperson, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Chester the resolution be adopted. AYES: S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Gosling, Huntoon, Johnson, R. Kuhn. (21) NAYS: Crake. (1) A sufficient majority having voted therefor, the resolution was adopted. In accordance with Rule XXU, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a. Representative Dave Jaye - Detroit People Mover Costs be Iron County Bd. of Comm. - Oppose Hazardous Waste Dumps c. Iron County Bd. of Comm. - Volunteer Firefighting Training Funding d. Springfield Township - (Support) Property Tax Reform, Patterson-Anderson PLANNING AND BU'LMSG a-,---74E-saki Associates - Computer Services Construction Bids PUBLIC SERVICES a. Michigan Dept. of Natural Resources - 1990 Marine Safety Funding b. Judge Barry Grant - Sheriff's Security Commendation c. Michigan Dept. of Social Services-Children's Village - Special Investigation #63-13-16 OTHERS Richard De Kuhn, Jr. a, Michigan Dept. of Social Services-Notice of Cooperative Reimbursement Program Contract Continuation Management & Budget a. Equalization - Ind. Fac. Exempt in Excess of 5% SEV-Michtron Corporation City of Auburn Hills The Chairperson announced the next meeting of the Board will be March 8, 1990 at 9:30 A.M. The Board adjourned at 10:54 A.M.