HomeMy WebLinkAboutMinutes - 1989.03.09 - 7186OAKLAND COUNTY
Board Of Commissioners
MEETING
March 9, 1989
Meeting called to order by Chairperson Roy Rewold at 9:35 A.M. in the Courthouse
Auditorium, 1200 R. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Hobart, Jensen,
Johnson, Richard Kuhn, S.Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen,
Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (26)
ABSENT: Gosling. (1)
Quorum Present.
Invocation given by Commissioner Donn L. Wolf.
. Pledge of Allegiance to the Flag.
Moved by Susan Kuhn supported by Wolf the minutes of the February 23, 1989 meeting be
approved as printed.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Crake supported by Olsen the rules be suspended and the agenda amended to add
the following:
FINANCE COMMITTEE
e. Creation of Special Assistant Classification and Position (add Fiscal Report)
PUBLIC SERVICES COMMITTEE
g. Sheriff's Department - Disposition of Canine (I-9) Unit Dogs (add resolution to
GOVERNMENT AND TRANSPORTATION
f. Report Confirmation of County Executive's Appointment - Russell O. Martin,
Director - Management and Budget Department (add resolution to agenda)
AYES: Hobart, Jensen, Johnson,'R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, McPherson,
Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold„ Skarritt, Wolf, Aaron, Bishop, Caddell,
Calandro, Chester, Crake, Ferrens. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the rules carried and
the agenda, as amended, was approved.
Clerk read letter from the City of Oak Park thanking the Board for their contribution to
the 9-1-1 installation in the City of Oak Park. (Placed on file)
agenda)
Clerk read letter from Chairperson Roy Rewold announcing the appointment of G. William
Caddell and Lawrence R. Pernick to the Computer User Advisory Council for a term ending January 1,
1991. (There were no objections to the appointments)
Mike Poet, President of the Police Officer's Association addressed the Board regarding
the disposition of Canine Unit Dogs and urged the board to allow the handlers to purchase the dogs
for their fair market value.
; e.-rtise in has
directs the
Inen, Clark 8
Board of
ti
78
Commissioners Minutes Continued. March 9, 1989
Misc. VO'21
By P -naLce Ccmmittee
LN RE: 7i.rDepatment - LEGAL FEES
To the 0,1r.d ',3eacd Co-!.dss'oners
Fr. ChairTer-..:r_ entle
(...nsel to
ljA
cf:usel in LI
elution #82267 the Sheriff to hire outside legal
r..,nt.v of Oaklaif,
-crom, functioned as the Sheriff's legal
rig $1,100, which
cc services rendered in January for serv,
; and
Sheriff acaourt
budgeted in 1969 te this
r .:count to cover thc.5.:.:.
NCH 1 :A. IT REfOL',;EI.1 Board of Commissioncrs approriat.4s.
$1,100 from : ff7'1un'aingency t, amount to the 1979 "..Aif.,riff 3eL,Jartmont
budget, as spec .-1 helow, to pay le".
41-11C-A9-01-CC-9:3.00 Cc $(1.100
4-17,1DC-471-01-00-3456 - Legal Expense
Mr. Chairperson, on behalf of the Finance Committee, 1 Wc ,fj.'iSe adoption of the foregoing
resolution.
FINANCE UVPLL"CIL:.
G. Willia3 Chairperson
Moved by Caddell supported by Pappageorge the resolution be adopted.
AYES: Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, McPherson,
Moffitt, Oaks, Olsen, Pappage.orge, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell,
Calandra, Chester, Crake,..Ferrens. (24). .. . . . ...
NAYS: Noce. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Pisc. 890b5
Fidanc, Committee
iN EL: Lrparation Cowtsel - APPOINTMENT OF COUNSEL - CITY OF ROCHESTER HILLS, of al v OAKLAND
CCUNf7 E. COMFISi.IONERS et al
To tre Ceuucy ,?,oarc of Commissioners
Mr. Chairpe .: ,o, 1.:'.d es and Cen"Llemen
TA':1 an Oakland County Circuit Court action, entitled City of 1:ochia.
of Commissioners, et al, Case No. S8-36O86C-CC iia
LL Onto
:HE..AS the subject matter of said suit concerns approval, by tire SiJid 14,?:ste Planning
Committee, oi a. Type II sanitary landfill owned by the South Oakland. County Incinerator Authority
to be included in the County of Oakland's Act 641 Solid Waste Ma-,L ,:ement
WHEREAS Plaintiffs are requesting declaratory re:-J, manury injunctions and
superintendino control, costs and attorney fees; and
WHEREAS it is necessary to appoint counsel to defend the named County Defen&.nt board,
officials and cwmittee; are
VHERO.S: the law firm of Kohl, Secrest, Wardle, Lynch, Clark & Hampton
the area of oL waste management, planning and litigation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commission
Department (f Corporation Counsel to retain the law iirm of Kohl, Secrest, %Ale,
Hampton to defend the action entitled. City of Rachtee Hills et al v
Commissioners, et al, Case No. 88-3E0862:Cr, at tt .L. ci:t ,Tf.).;:{-17–c firm or
--1,177TKirperson, an behalf of the Finance. CA.-cmittee, I. move the adopt
resolution.
FINANCE COMMITTEE
G. William Caddell, Chapersun
1 :1
been closed and no funds have been
Of al v "- _
so
Moffitt,
Calandra
Moved by Caddell supported by Susan Kuhn the resolution be aaaptA.
AYES. Jensen, OcSnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulicoA.
Oaks, Olsen, Pav,:y•..orge, Pernick, Rewold, Skarritt, Wolf, Aaron
, Chester, Crake, Fe;'rns, Hobart. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution ival.3
Commissioners Minutes Continued. March 9, 1989 79
Misc. 89053
By Finance Committee
IN RE: Community Development - EMERGENCY SHELTER GRANT (ESG) FUND ACCEPTANCE FOR HOMELESS SHELTERS
To the Oakland County Board of Compcissioners
Mr, Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland in accordance with Miscellaneous Resolution #86186 filed
a.1989 application for Emer9ency Shelter Grant funds in the amount of .$51,000; and
WHEREAS HUD by letter February 21, 1989 transmitted to Oakland County a grant in the
amount of $51,000 for the fiscal year 1989, to be used within 180 days upon date of grant award;
and
WHEREAS the acceptance of this grant does not obligate the County to any further
commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the
1989 Emergency Shelter Grant Award in the amount of $51,000 as shown in attachment A.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
is directed to execute this contract.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
is authorized to approve minor changes and contract extension, not to exceed fifteen (15)percent
variance, which is consistent with the contract or approved.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners amend the 1989
Budget as detailed in Schedule I.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Copy of Attachment A and Schedule I on file in County Clerk's Office.
Moved by Caddell supported by Oaks the resolution be adopted.
AYES; !Johnson, R. Kuhn, S. Kuhn, Luzon, McConnell, McCulloch, McPherson, Moffitt, Oaks,
Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester,
Crake, Ferrens, Hobart, Jensen. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 89054
By Finance Committee
IN RE: Community Development Division - RENTAL REHABILITATION PROGRAM ACCEPTANCE FOR HOUSING AND
URBAN DEVELOPMENT FUNDS - FY 1989/1990
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Community Development Division has been awarded Housing and Urban Development
Rental Rehabilitation funds in the amount of $139,000, which has yet to be included in the 1989
Budget; and
WHEREAS the 1989 Amended Budget reflects an amount based on estimatcdrevenue and balances
carried forward; and
WHEREAS the 1989 Budget needs to be amended to include the adjusted revenues and
balances; and
WHEREAS these adjustments do not require any additional County Funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the
1989 Rental and Urban Development Rehabilitation grant award in the amount of $139,000 as shown in
Attachment A.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
is directed to execute this contract.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
is authorized to approve minor changes and contract extensions, not to exceed fifteen (15) percent
variance, which is consistent with the contract or approved.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners amend the 1989
Budget as detailed in Schedule I.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Copy of Attachment A and Schedule I on file in County Clerk's Office.
Moved by Caddell supported by Susan Kuhn the resolution be adopted.
Msc,
IN
F.
EuDGET
M the Oe:,
Mr. Chair
the recomp.:e
80
Commissioners Minutes Continued. March 9, 1989
AYES: S. kAn, Luxon, McConnell, McCulloch,
Papredre, Skarritt, Wolf, Aaron, Bishop,
Hobar-_, is Is JOhRSOfl, P. Kuhn. (24)
(0)
-Mnt majority having voted therefor, the resolution was adopted.
McPherson, Moffitt, Oaks, Olsen,
Caddell, Calandro„ Chester, Crake,
OF JE5145 ASSISTANT CLASSIFICATION AND POSITT011 - DEPARTMENT OF MANAGEMENT AND
Board of Commissioners
a: ti oseri
Ceomit-:mm qJving reviewed. the above referenced resolution, reports with
.liapted with the following amendments:
,EP1RE BV IT YED u ,Aragraph be changed to read:
iT I tte non-merit classification of A..,;istant be
saary cs' V7J63, (no overti) in the Department ofl'ana,c,eicent and
1989
follows:
2) ADO: 'BE IT FURThER RESOLVED that in acccedar.re with Miscellaneous Resolution #83189
salary range for the Dir---ter of ',udge..t classification be established as
2 vc.ar 3 Year
THAT THE it ININC . BE .MOLD Ii TEE EXISTING GE TT FURTHER RESOLVED PARAGRAPH --..
September 30, 1989, nr. termination from 0a0and County Employment, if such
termination occurs tn.
Mr. Cliairo ,2.-ibn, as 1.,rn..,If of toe Personnel Committee, I hereby submit the foregoing
report.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
Misc. 89053
Ey Finance Committee
IN `F.: CREATION Or A SPECIAL ASSISTANT CLASSIFICATION AND POSITION - Department of Management and
Budget
To the Oakland County Board of Ccinnissioners
Mr. Chairperson, Ladles and Gentlemen
811 6515 the County wishes to initiate some in-depth review of system and procedures; and
819.... ...5 Executive recormends that County resources be redirected toward the
successful corTivtion of tla fiha.ncial review ard system restructuring through the creation of one
temporary 'f4.yjaJ A-sT,stant position through September 30, 1989; aJ10
be available by combining the Deputy Director of Management and
Budget and :.rector of Management and Budnet positions as provided for in Miscellaneous Resolution
#83189 (July 14, 198:Hl
HCA THERE:OP: RE IT RESOLVED that the classification of Special __Assistant be created at
the flat rate of :32',. 155 in the Department of Management and tiudget.
'cA. 11 HXHH RESOLVED that erK' position in this classification be created for the period
through September :30, 19E.
EL IT 6151.1HE6 RESOLVED that the following budgetary changes be made:
Feomi
-4:1-10.700-121 -01 -0011 1001 Salaries $ 918
4-1010C-121 -01 -00-2On Fringe Benefits
Toi
A710100 -121 -01 -00-6610 Leased Vehicles $1,200
Mr. Chairperson, on behalf of the Finance Committee, I recommend the adoption of the
foregoing resolution.
FINANCE COMMITTEE.
O. William Caddell, Chairperson
L 5'.o 155 U7A-
Moved by Caddell supported by Pappageorge the resolution be adopted.
Dr. Caddell requested Commissioner Calandro read the Personnel Committee report.
Moved by CaIandro supported by Skarritt the report be accepted,
A sufficient majority having voted therefor, the report was accepted.
Moved by Calandro supported by Olsen the resolution be amended to be consistent
Personnel Committee Report.
A sufficient majority having voted therefor, the amendment carried.
with the
Commissioners Minutes Continued. March 9, 1989 81
Vote on resolution as amended:
AYES: Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge,
Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandre, Chester, Crake, Ferrens, Hobart,
Jensen, Johnson, R. Kuhn, S. Kuhn. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Report (Misc. 89045)
By Personnel Committee
IN RE: Institutional and Human Services/Health Division - Additional Positions for 1988/89 Maternal
and Child Health and Children's Special Health Care Services Grants - Comprehensive Planning,
Budgeting, and Contracting Agreement
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed Miscellaneous Resolution #89045 reports with the
recommendation that said resolution be adopted with the following amendment:
To add an additional paragraph immediately after the paragraph beginning NOW THEREFORE
BE IT RESOLVED to read:
"BE IT FURTHER RESOLVED to retitle unit 91 from Services to Crippled Children to
Children's Special Health Care Services."
Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing
report.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
Misc. 89045
By Health and Human Services Committee
IN RE: Institutional and Human Services/Health Division - ADDITIONAL POSITIONS FOR 19E8/89 MATERNAL
AND CHILD HEALTH AND CHILDREN'S SPECIAL HEALTH CARE SERVICES GRANTS - COMPREHENSIVE PLANNING,
BUDGETING, AND CONTRACTING AGREEMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Public Health (MDPH) has recognized a need for
additional services directed at children with special health care needs, pregnant teens, and
expanded prenatal outreach and coordination; and
WHEREAS the Oakland County Health Division belieees edditicnal staffing in these program
areas is needed to facilitate the provision of these services; and
WHEREAS MDPH has provided sufficient grant funds to cover the cost of these additional
positions; and
WHEREAS these positions are 100% State funded and require n3 County match; and
WHEREAS these positions will be reviewed by the Personnel Committee.
NOW THEREFORE BE IT RESOLVED that the Oakland County Boerd of Commissioners approves the
establishment or increase of the following State funded grant positions: One full-time equivalent
Typist I and one full-time equivalent Public Health Nurse II in unit 92 (Children's Special Health
Care Services) and one full-time equivalent Clerk III in unit 91 (Infant Health Promotion).
Additionally one .48 part-time non-,?ligible Public Health Nurse III will be increased to one
full-time- equivalent Public Health Nurse III in unit 91 (Infant Health Promotion).
32 IT FURTHER RESOLVED that continuation of said positions is contingent upon continued
100% funding for the program.
Mr. Chairperson, on behalf of the Health and Human Services Committee, I move the adoption
of the foregoing resolution.
Fiscal Note (Misc. 8904E)
By Finance Committee
IN RE: Institutional and Human Services/Health Division - Additional Positions for 1988/89 Maternal
and Child Health and Children's Special Health Care Service Grants - Comprehensive Planning,
Budgeting and Contracting Agreement
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 #89045 and finds:
1) The Personnel Committee has approved the Personnel Department/Health Division
recommendation to creete three (3) new fell-time positions and upgrade one (1) full-time
non-eligible Public Health Nurse III position to one (1) full-time eligible Public Health Nurse III
position in response to expansion of child care health services grants;
2) The cost of this expansion from March 13 through December 31, 1989 equals $87,356 of
which $59,178 is salary cost and $28,178 is fringe benefit cost (annual cost equals $108,181);
3) Michigan Department of Public Health grant funds will cover 100% of the increase, no
HEALTH AND HUMAN SERVICES COMMITTEE
Susan Kuhn, Chairperson
56,925
S8,17g5
45,233
15J-J70-
S2
Commissioners Minutes Continued. March 9, 1989
County match is require;
4) These co'AtIons have been included in the proposed 1988189 grant budgets, no budget
amendments are reniusre(i ).recil official acceptance of the grants.
5) The State has authorized. the County to continue program operations for these grants
until official grant acceptance.
FINANCE COMMITTEE
G. William Caddell, Chairperson
by Si.vn Kuhn supported by Crake the report (containing an amendment) be accepted.
A sofficr majority having voted therefor, the report was accepted.
Moved by C:Oniliro supported by Crake the resolution be amended to be consistent with the
Personnel Committee loiperat.
A sufficient majority having voted therefor, the amendment carried.
Moved by Susan Kuhn supported by LUA0fl the resolution be adopted.
AYES: McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick,
Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra Chester, Crake, Ferrens, Jensen, Johnson,
R. Kuhn, S. Kuhn, Luxon. (23)
NAYS, None, (0)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Misc. 89056
By Personnel Committee
Id RE: Circuit, Probate and District Courts - INCREASE TO COUNTY SUPPLEMENTAL PAYMENTS FOR JUDGES
To the Ca land County heard of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the State legisature increased the salary . rates for Supreme Court Justices to
$103,500 effective January 1, 1989 and
WHEREAS Public Act. 438 of P.A. 1980 established salary ceilings of 92% of the annual
salary of a Supreme Court Justice. for Circuit judges and 88f of the annual salary of a Supreme
Court Justice for Oistrict and Probate Judges; and
WHEREAS the maximum allowaoIe total annual salary for Circuit Court Judges for 1989 is
$95,220 and for Lisfrict and Probate :Idc;-as is 591,C80; and
WHEREAS the State-paid port i on of the Circuit, Probate and District Judges has been
increased to 555,925 for Circuit Judges, 545,233 for Probate judges and 551,233 for District Judges;
and
WHEREAS the State provides standardization payments to local units of government to
reimburse local units of government toward their local sontrituti -3ns to judicial salaries; and
WHEREAS judicial standardization payments have Cen increased in 1989 to S14,466 for each
Circuit Judge and to S35,862 for each Probate and District.
NOW THEREFORE EE IT RESOLVED that the County suprifea) salaries for judges be increased
effective Jau,:u'y 1, 1989 to toe maximum local supplement perifated by law of $38,295 for Circuit
Judges, $45,247 for Judes (which includes the 6,000 statutory obligation of local funds
towards each Probate Juror .alary) and $39,847 for District Court Judges for total annual salaries
as soon shown:
PROM TO •
(a.s. of Dec. 31, 1988) (eff. Jan. 1,1989)
Circuit Court Judge
ti on
3uppjement
yoLah
Probate Court Judge
Stato Portion
7F6T6TE
District Ca:c=rt Judge
55,000
37,000
----7770—
4C,S00
4-j7T07
49,500 51,233
ii,inn-:, -3u .cment 28,,5n 14' PT7
*Includes $6,000 mandatory payment toward state statutory salary.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
Commissioners Minutes Continued. March 9, 1989
foregoing resolution.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
The Chairperson referrd the resolution to the Finance Committee. There were no
objecticres.
Ms.:. 89047
By Personnel Committee
IN RE: Computer Services. - DELETION OF ONE (1) POSITION OF SECRETARY II AND CREATION OF NEW
CLASSIFICATION AND POSITION CF FINANCIAL COORDINATOR - SYSTEMS SERVICES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Centlemer.:
WHEREAS Oakland County Computer Services currently provides customer charge-beck and
billino for over 600 unique customer accounts; and
WHEREAS due to the nature of the different contractual arrangements, it is neesssary to
accommodate both automated and manual billings incorporating over 2,000 computer components and
accounting for over 70 million an-line transactions; and
WHEREAS the increasing amount and complexity of Computer Services billings has led to a
fragmented and de-centralized approach to the function; and
WHEREAS the recent resignation of a Secretary II involved with the billing operation has
allowed Computer Services to review the situation and recommend COSI effective improvements.
NOW THEREFORE BE IT RESOLVE that a classification of Financial Coordinator - Systems
Services be created at a grade 11:
Base 1 Year 2 Year 3 Year 4 Year 5 Year 0/T
26,20 2 .7,851 29,436 -,1-17T27 32,105 34,188 Reg.
BE IT FURTHER RESOLVED that Secretary II position number 00335 be deleted, and one (1)
proprietary position of Financial Coordinator - Systems Services be established in the
Administration Unit.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
Fiscal Note (Misc. 89047)
By Finance Committee
IN RE: Computer Services - Deletion of One (1) Position of Secretary II and Creation of New
Classification and Position of Financial Coordinator - System Services
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 #89047 and finds:
1) The vacant Secretary II position (#00335) is budgeted with an annual cost of $20,954 in
salary and $10,099 in fringes for a total of $31,053 for 1989;
2) The annual cost for the Financial Coordinator position at the one year step is $27,851
in salary and $11,419 in fringes for a total of $39,270;
3) The annual increase between the two positions is $6,897 in salary and $1,320 in fringes
for a total of $8,217;
4) Funds are available in the Computer Services Department budget to cover the cost
increase so no budget amendments are necessary.
FINANCE COMMITTEE -
G. William Caddell, Chairperson
Moved by Calandra supported by Johnson the resolution (with a favorable Fiscal Note
attached) be adopted.
AYES: McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt,
Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Hobart, Jensen, Johnson, R. Kuhn,
S. Kuhn, Luxon, McConnell. (24)
NAYS: None, (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 89046
By Personnel Committee
IN RE: Institutional and Human Services/Health - CREATION OF CLINICAL HEALTH SPECIALIST
CLASSIFICATION AND RECLASSIFICATION OF TWO POSITIONS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Health Division has two budgeted Physician's Assistant positions in the Jail
83
84
Commissioners Minutes Continued, March 9, 1989
Health Program to screen, examine, treat and refer Inmates to the consulting physician as necessary;
and
WHEREAS these positions are currently vacant; and
W'T.PC/,Z because of the limited. number of certified Physician's Assistants Extensive
recruitmehf haAfe not been able (o attract ouali'fi ad applicants for these positions; and
WI,ERE.!6 in order to fill th,asr essential positions in an expedient manner while
maint.ar2u ty of ca:-e in the p:ca -ai:, the Hcath. Division has proposed expanding the
attract •utlfied Nurse•0hose advanced education and specialized
'Pem to :Jeifi:r .:a the required (i:.H.,s;id
Personnel Department has revied this proposal arid recommends the creation of
a new rilHca:inn, Clilical Health Specialist at salary grade 13 for which both Physician's
Assistanta and ac'itified Ilurac, Practitioners could qualify; and
!LAS it is prtosed to upwardly reclassify the ta ,.isting Physician's Assistant
position classica..io; and.
sufficient fo ,;'Ho exists io the Health Division salaries budget to cover costs
invoiced.
ORE EC Il RESCUED that the Oakland County Board of Commissioners create a new
classification titled Clinical health So-cialist at salary grade 13:
1 YEAR 2 YEAR 3 YEAR 4 ESR .5 YEAR 0/T
$'30,1S ff',:do .38,093 No
EL IT FURTHER RESOLVED to reclassify tee Physisian's Assistant positions (#04648 and
06676) in the Health Division, jail Health Prograk to this new classification.
BE TT FURTHER RESOLVED to delete T.he classification, Physician's Assistant, from the
Salary Scheaple,
Mr_ Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
John P. Calandra, Chairperson
Report (Misc. 89046)
By health and Uumao. Services Committee .
Ih RE: Instltatio::.al and Human Services/Health - Creation of Clinical Health Specialist
Classification ani• Fe:;H.assification of Two Positions
To the Personni:i
Mr Chairper .sui,, Lacies and Gentlemen:
The i;e,lth and Human Services Committee, havino reviewed the above referenced matter,
reports that tlte committed supports the concept of the chance
Mr. Chairperson, or behalf of the Health and human Services Committee, I submit the
foregoing report,
HEALTH AND HUMAN SERVICES COMMITTEE
Susan. G. Kuhn, Chairperson
Fiscal Note (Misc. 89046)
By Finance Committee
IN RE: Institutional and Human Services/Health - Creation of Clinical Health Specialist
Classification and Reclassification of Two Positions
To the Oakland County hoard of Commissioners
Mr, (hairperson, Ladies and Gentlemen:
Pur:uant to Pole XI-C of this Board, the Finance Committee has reviewed Miscellaneous
Resolution :Ffp'YAS and finds
1) The Personnel Committee has approved the Personnel Department/Health Division
recommendatior reclassify the two Physician's Assistant positions in the jail health program
(#04648 and to the new classification of Clir:cal i:ealth Specialist;
r17:ual cost of this reclassification ,_.N.L45 34,024, of which $3,144 is salary cost
and 3880 is frlute benefit cost (cost figures are based on a comparison of the two classifications
at the 12 month step);
3) Suficient funds exist in the 1989 Fate and Classification account to cover the
increase, tie 2:1 lowing budget amendments are recommer:00'
4-10100-909-01-00-9902 Rate & Class. $(4,024)
4-22100-162-15-00-1001 Health - Salares 3,144
4-221(.10-162.-15-00-2070 Health. - Fringes 880
TiT
FINANCE COMMIT-1'C
G. William Caddell, Chairperson
Moved by Calandra supported by Sue Kuhn the resolution (with Fiscal Note attached) be
adopted.
AYES: McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf,
Bishop, Caddell, Calandra, Chester, Crake, Fel -rens, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn,
Luxon, McConnell, McCulloch. (23)
NAYS: None, (0)
Commissioners Minutes Continued. March 9, 1989 85
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 89057
By Planning and Building Committee
IN RE: Corporate Counsel/Real Estate Section - OAKLAND/PONTIAC AIRPORT - ELECTRIC UTILITY EASEMENT
FOR DETROIT EDISON COMPANY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland owns property located at 6500 Highland Road, Waterford
Township, Michigan, Tax Sidoell No 13-17-400-002, known as Oakland/Pontiac Airport; and
WHEREAS The Detroit Edison Company is requesting an easement on County owned property at
the Oakland/Pontiac Airport for the installation, operation and maintenance of an underground
electric utility service line to an adjacent property; and
WHEREAS said Easement is described as being located crossing the westerly drive to the
Main Terminal Building in an east and west direction; and
WHEREAS the Airport Committee and Airport Manager have reviewed and recomend the granting
of this easement request.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
granting of this easement to Detroit Edison Company for the installation and maintenance of an
electric utility line at the Oakland Pontiac Airport described as being located crossing the
westerly drive to the Main Terminal Building in an east and west direction.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its
Chairperson to execute the necessary documents to effect the same.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution. '
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Jensen the resolution be adopted.
AYES: Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt„ Bishop, Caddell,
Calandra, Chester, Crake, Ferrens, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell,
McCulloch, McPherson. (22)
- NAYS: None. (0)
ABSTAIN: Wolf. (1)
The Chairperson stated the flAbstain' vote was because Commissioner Wolf is associated with
Detroit Edison.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 89058
By Planning and Building Committee
IN RE: Corporation Counsel - Real Estate Section - GROVELAND OAKS PARK (GROVELAND TOWNSHIP)
EXCHANGE OF PROPERTY (QUIT CLAIM DEED) (PT. TAX NO. 02-19-201-003, COUNTY OWNED, 0.40 ACRES TO MR.
BALLOON AND PT. TAX NO, 02-20-152-002, BALLOON TO COUNTY OF OAKLAND, 0.40 ACRES)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland owns property located at 5990 Grange Hall Road, Groveland
Township, Mchigan, known as Grovland Oaks County Park and identified as Tax No. 02-19-201-003; and
WHEREAS the Parks and Recreation Commission has received a request from an adjoining
property owner, William A. Balloon, owner of Tax No. 02-20-152-002, to exchange equal size
properties (040 acres) along the northerly boundary of Groveland Oaks Park; and
WHEREAS the Parks Commission and Parks Manager recommend the exchange of equal size
property (0.40 acres); and
WHEREAS the exchange of this property will benefit the Park as it will straighten out the
northerly property line and allow appropriate maintenance (fencing, mowing); and
WHEREAS no property appraisals are needed for value as both properties are of equal size
and have the same physical characteristics; and
WHEREAS the Parks Manager and Parks Commission have reviewed and recommend the exchange of
property with William Balloon.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
exchange of equal and adjacent parcels of property as follows: 0.40 acres coned by Oakland Coonty
(Groveland Oaks County Park) to William A. Balloon, identified as part of Tax No 02-19-201 -0C; and
0.40 acres owned by William A. Balloon to Oakland County, identified as part of Tax No.
02-20-152-002; and
BE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners directs its
Chairperson to execute the necessary documents to effect the same.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
Moved b
AYES:
Cala:,drh, Chest
MoPncrson,
report,
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
86
Commissioners Minutes Continued. March 9, 1989
the foregoing resolution. PLANNING AND BUILDING COMMITTEE
Anne M. &tart, Chairperson
rt supported by R. Kuhn the resg!lJt•ba be adopted.
, Olsen, Pappageorge, Pernick, Skarritt, Wolf, Bishop, Caddell,
Ferrens, Hobart, Johnson, R. 'r0h:-;,- S. Kuhn, Luxon, McConnell, McCulloch.,
(0)
A sufOicient majority having voted therefor, the resolution was adopted.
The Chairperson stated "At this time a Public Hearing is now called on the A. B. Heller
Ecordede Development Project in Milford Township. Are there any persons present that wish to speak
on Project?"
No ore requested to speak and the Public Hearing was declared closed.
Report (Misc. T.1059)
By Personnel lammictee
IN ("4E: 0e4,artineit of Public Worksi,later and Sewer Operations Division - Creation of Chemist
Stivisor Clas:iicaYon and Reclassification of One Chemist Position to Chemist Supervisor
te Oakland Coli.:tv hoard of Commissioners
Mr, Cliairpersch.lue',ieis and Gentlemen:
Tic. Person),e Committee having reviewed the above referenced resolution, reports with the
recommendatir.n C the resolution be adopted.
Mr. Chairerson, on behalf of the Personnel Comitted, I move acceptance of the foregoing
Misc. 89059
By Planning and Building Committee
IN RE: Deparent of Public Works/Water and Sewer Operations Division - CREATION OF CHEMIST
SUPERVISOR CL.:,.I.SIFIEATION AO RECLASSIFICATION OF ONE CHEMIST POSITION TO CHEMIST SUPERVISOR
To the Oa!e_Mc So::gty Board of Commissioners
Pr. Chairpertn, 'edies and Gentlemen:
WHERS the Sewaoe System MaintenancerInspection-Treatment unit utilizes Chemists to
perform and•giiiyze chemical tests on waste water samples from Oakland County's domestic and
industrial rorr and drainage systems; and
one Chemist is now functioning in a supervisory capacity over the other Chemists
in the unit
WHLAS a supervisory classification is proposed to recognize this additional job
responsibilit;; and
UHEIS the Personnel Departrit has reviewed this proposal and recommends the creation of
a new classification, Chemist Supervisor at salary grade 10.
t40 fHLREFORE BE IT RESOLVED that the Oakland, County Board of Commissioners creates a new
classification titled Chemist Sueprvisor at salary grade 10:
BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 0/1
Th -28 ,Tri 27,7.78- 1,099 Reg.
LSOLVED that ou (1) special revenue Chemist position (number 02697) in the
Seviage Ev tar Nu. DiJJeaoce -Inspectiry:-Treatment unit of Water and Sewer Operations Division be
reclassitiso .:o arc nrw Chemist SupervLor classification.
irperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing r:!-Eolution.
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 89060
By Plaunin apd Building Committee
IN RE: Iif••in Commissioner - RESOLUTION TO APPROVE HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED
LAKE-NOVI '4A:riEWATER TREATMENT PLANT 1989 ENLARGEMENT CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Oeutlemen:
WHEREAS the County of Oakland (the "County') has established, constructed and acquired the
Huron-Rouge Sewage Disposal System Walled Lake Arm pursuant to the provisions of Act No. 185, Public
PLANNING AND BUILDING COMMITTEE
Anne Hobart, Chairperson
Commissioners Minutes Continued. March 9, 1989 87
Acts of Michigan, 1957, as amended; and
WHEREAS the Huron-Rouge Sewage Disposal System Walled Lake Arm consists in part of a
wastewater treatment plant to serve the Cities of Walled Lake ano *Novi (the "Walled Lake - Novi
Wastewater Treatment Plant"); and
WHEREAS it is necessary to improve and enlarge the said Walled Lake - Novi Wastewater
Treatment Plant; and
WHEREAS by the terms of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act
342"), the County and toe Cities of Wailed Lake and Novi (the "Cities) are authorized to enter into
a contract for the acquisition, construction and financing of the Huron-Rouge Sewage Disposal System
Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargement (the "Project") consisting of
improvements and enlargements to the Walled Lake - Novi Wastewater Treatment Plant and for the
payment of the cost thereof by the Cities, with interest, and tne County is then authorized to issue
its bonds to provide the funds necessary tnerefor; and
WHEREAS there has been submitted to this Board of Commissioners a proposed contract (the
"Contract'), dated as of March 1, 1959, among the County, by and through the County Drain
Commissioner, County Agency, party of the first part, and the Cities, parties of the second part,
which Contract provides for the acquisition, construction and financing of the Project and
hereinafter is set forth in full; and
WHEREAS there also have been submitted for approval and adoption of this board of
Commissioners, preliminary plans and specifications and estimates of the cost and period of
usefulness of the Project; and
WHEREAS the Contract provides for the issuance of . bonds by the County to defray the cost
of the Project, said bonds to be secured bv the contractual obligations of the Cities to pay to the
County amounts sufficient to pay the principal of and interest on the bonds and to pay such paying
agent fees and other expenses as may be incurred on account of the bonds; and
WHEREAS this Board of Commissioners desires to proceed with the establishment of Walled
Lake - Novi liastewater Treatment Plant 1989 Enlargement Project and the approval and execution of
the Contract to acquire, construct and finance the Project as provided in the Contract,
THEREFORE BE If RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
1. ESTABLISHMENT OF PkOJECT AND DESIGNATION OF COUNTY AGENCY. This Board of
Commissioners hereby authorizes ana directs that there he estaoiished, and there hereby is
established, under and pursuant to Act 342, a system of sewage disposal improvements to be known as
the Huron-Rouge Sewage Disposal System Walled Lake - Novi Wastewater TroarTent Plant 1989
Enlargement Project (the "Project"), whicn shall consist of the improvements and enlaroements to the
Walled Lake - Novi Wastewater Treatment Plant specified and to be located as shown in Exnibit A. to
the Contract; tnet the Project shall serve the Cities; that the Oakland County Drain Commissioner is
designated and appointed as the "County Agency for the Project; that the County Agency shall have
all the powers and duties with respect to the Project as are provided by law and especially by Act
342; and that ail obligations incurred by the County Agency with respect to the Project, unless
otherwise autnorized by this board of Commissioners, shall be payable solely from funds derived from
the Cities as hereinafter provided,
2, PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFfiLNESS AND COST, The
preliminary plans and speci'flcat.iori-T-Tor the Project and the estimates of S5,556,000 as Ire cost
thereof and of 25 years and upwards as the period of usefulness thereof, as submitted to this beard
of Commissioners, are approved and adopted.
3. APPROVAL OF CONTRACT. The Huron-Rouge Sewage Disposal System Walled Lake - Novi
Wastewater Treatment Plant 1989 Enlargement Contract, dated as of March 1, 1989, among the County,
by and through the County Drain Commissioner , party of the first part, and the Cities, parties of
the second part, which Contract has been submitted to this Board of Commissioners, is approved and
adopted, and the County Crain Commissioner is authorized and directed to execute and deliver the
same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the
Contract has been executed by the appropriate officials of the Cities. The Contract reads as
follows:
HURON-ROUGE SEWAGE DISPOSAL SYSTEM
WALLED LAKE-NOli WASTEWATER TREATMENT PLANT
1989 ENLARGEMENT CONTRACT
THIS CONTRACT, made and entered into as of the first day of March, 1989 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 CF WALLED LAKE and the CITY OF NOVI, home rule cities located in the County (hereinafter
sometimes referred to as the "Cities"), parties of the second part.
1/ITNESSET H:
WnEREAS the County heretofore has estabilished the Huron-Rouge Sewage Disposal System
pursuant to the provisions of Act Ho, 185, Public Acts of Michigan, 1967, as amended; and
WHEREAS the County, through its Board of Public Works, heretofore has acquired and
constructed the Huron-Rouge Sewage Disposal System Walled Lake Arm pursuant to the Huron -Rouge
Sewage Disposal System Walled Lake Arm Agreement dated as of September 1, 1966, among the County,
the City of Walled Lake and the Village of Novi (now the City of Novi) and amendments to said
agreement dated February 1, 1969 and April 1, 1969 (saio agreement as amended herein referred to as
Commi:,;:oners Minutes Continued, March 9 1989
Agreement"); and.
WHEREAS the said. Walled Lake Arm consists in part of a wastewater treatment plant to serve
the Cities (said wastewater treatment plant herein designated as the "Walled Lake-Rovi Wastewater
Treatment Plart'j; and
WAREAS it is necessary to improve and enlarge the Walled Lake-Nevi Wastewater Treatment
rllent; and
wHEr'EAS pursuant to Act. No. 342, Public Acts of Michigan, 1939, as amended (hereinafter
sometime: ref ,rred to as "Act 342), the Board of Comissioners . of the County, by majority vote of
its ;c4,ers•e ;act, has authorized the aoquisitichi and construction of a project consisting of the
hr..-eihafter described improvements and en1ar r.r tc the Aailed Lake-Novi Wastewater Treatment
Plant nu ,erve the Cities, said project to be knc.w:: as the "Walled Lake - Novi Wastewater Treatment
19 Enlargement (hereinafter s•omatimes reic.r,r.1 to as the "Project"), and has designated the
Oakland (;nunti Drain Commissioner as the Cour. Ac(-acy for the Project with all powers and duties
with r ,2s:!e--.t thereto as are provided by Act Drain Ccamissioner being hereinafter sometimes
referred to ttle "Cepaty Agency";; and
VtlE=4:.f.S unda:T' and subject to the terms tf Act 342, the County is authorized, through the
County Acel'y, te and construct the Proje0c, the County and the Cities are authorized to
enter )ai.o. a contract tar the acquisition ahe conuction of the Project by the County and for
linagtmno all or part of the cost thereof by the. issuance of bonds by the County secured by the
plege of the full faith and credit of the Citi; to pay their respective shares of such cost with
inteitest to the Couri 'h instaAments extending over a period not exceeding forty (40) years and
the County is euthoriza,j to issue such buds and to pledge its full faith and credit for the payment
of such bonds and tne crnn i ,reon; and
-iTt need for the Project to promote the health and welfare of the
residents of she tin. w i.e tac.ilites would 'ikewise benefit the County and its residents, and
the pert.e eg:--to have concluded that the Proiget Cnn he provided and financed most economically
afW.PH the County through the ei::,rcise of the powers conferred by Act 342, and
esps'aily Pa, Sb and Cc thereof; and
AtJt.f,'. preliminary plans for the Project and estimates of the cost and the period of
nsiafiness Project have been prepared by McNamee, ster A Seeley thereinafter sometimes
r -!:.arred0 Sne 'consulting engineers') and have been sutgrtted to and approved by the Board of
Ccimfssiorers of the County and the governing bodies or the Cfties and placed on file in the office
of the Ccin:i snncy, said estimates being set forth on Exhibit 6 ..... attached; and
')HLRES
in. or d er to provide for the acquisition and construction of the Project by the
County and the financing of all or part of the cast thereof by the issuance of County bonds, and for
other related matters, it is necessary for the parties hereto to enter ihto this contract.
THERLFCE, IN CONSIDERATION OF THE PREMISES AND ME CMENANTS OF EACH OTHER, THE PARTIES
HERETO AGREE At FfaLNS:
1. Ths. narties hereto hereby approve and agree to the establishment, acquisition,
construct :of 'Jhancing of th Frcject under and pursuant to Act 342, The Cities, by way of
compliad :--st.on 29, Article VII, Michigan Conctitution of 1963, consent and agree to the
establ .ichnt c; the Project and its location within their corporate boundaries and to the use by
the County ef thei , streets, highways, alleys, lands, rights-of-way or other public places for the
purposa and hail. lain of the Project and any improvements, enlargements and extensions thereof, and
the Cities agree •ft.-ther that, in order to evidence and effectuate the foregoing agreement and
consent, they will .ehrute and deliver to the County such grants of easement, right-of-way, license,
permit or consent as may -e;uested by the County.
2. The Pruje.-:t shall consist of the improvements and enlargements to the Walled Lake-Rovi
Yastewater Treatrint Plant shown and described on Extibit. A which is attached hereto and is made a
Nereof, sri e0 are more particularly set forth in the preliminary plans which have been
urepar.cri
and s!amitt-d by the consulting ennineers which plans are OR file with the County Agency
a -.! approved and adopted. The Project shall te acuiret and constructed substantially in
atgordadi.-f Htt: the said pre',mirary plans and in aecoroance with final plans and specifications to
ha urepared and submitted by the consulting engineers, 'sot variations therefrom which do rot change
cater silo rIF' location, canacity or overall design no the Project, and which de not require an
increase in total estimated cost of the Project, may be permitted on the authority of the County
Agency. Other variations or changes may be made if approved by the County Agency and by resolutions
of the governing bodies of the Cities and if provisions required by paragraph 8 hereof are made for
payment or fInarring of any resulting increase in the total estimated cost. The est;d -6tes of the
cost and the period of usefulness of the Project, as set forth in EAhibit 8, arc approved and
adoptod.
The Cavity Agency shall take or cause to be taken all actions required or necessary,
• (iccordancc wth Act 342, to procure the issuance and sale of berds by the County, in one or mare
Hr"ds,,in r aggim-•nate• pgIncipal amount is necessary to defny that part of the total cost of
tiey:ojt utch is in ac:.ss of funds available from oth er sconce;. Such bonds shall be issued in
artcipairin ,yf, and be payao ptrimarily from, the payrieni:s to be made by the cities to the County
3s prni*17,:i in this centrat and shall ne secured socond,irily, if so voted by the Board of
ComusIners of the County, by the plecrie oi the full faith and credit of the County, and the said
be payable in annual snafus ies the last of which shall be not more than forty years
Commissioners Minutes Continued. March 9, 1989 89
from the date thereof.
4. The County Agency shall proceed to take construction bids for the Project and, subject
to the sale and delivery of bonds, enter into construction contracts with the lowest responsive and
rasponsable bidder or bidders, procure from the contractors all necessary and proper bonds and
insurance, cause the Project to be constructed within a reasonable time and do all other things
required by this contract and the laws of the State of Michigan and the United States of America,
All certificates for required payments to contractors shall be approved by the consulting engineers
before presentation to the County Agency and the latter shall be entitled to rely on such approval
in making payment.
The County agrees that it will secure and maintain, or cause to be secured and maintained,
during the period of construction adequate property damage and public liability insurance covering
all facilities to be constructed pursuant to this contract. All policies and memorandums of
insurance shall provide that the County and the Cities shall be insured parties thereunder and shall
contain a provision requiring that the Cities be notified at least ten days prior to cancellation
thereof. One copy of each policy or memorandum of insurance shall he filed with each City.
5. It is understood and agreed by the parties hereto that the Project is to serve the
Cities and not the individual property owners and users thereof. The responsibility of requiring
connection to and use of the Walled Lake Arm and/or providing such additional facilities as may be
needed shall be that of the Cities which shall cause to be constructed and maintained, directly or
through the County, any such necessary additional facilities. The County shall not be obligated to
acquire or construct any facilities other than those designated in paragraph 2 hereof. The Project
is an improvement, enlargement and extension of the Walled Lake Arm and the Base Agreement shall
apply to the Project except as modified herein for specific application to the Project.
6. The Cities shall pay to the County the total cost of the Project (less such funds as
may become available from other sources), which total cost for this purpose shall include, in
addition to the items of the nature set forth in Exhibit B (represented by the principal amount of
the bonds to be issued by the County plus such funds as may become available from other sources),
all interest payable by the County on said bonds and all paying agent fees and ether expenses and
charges (including the County Agency's administrative expenses) which are payable on account of said
bonds (such fees, expenses and charges being herein called "bond service charges') The cost of the
Project and the obligations of the Cities are allocated between the Cities as follows:
City of Walled Lake 5.0%
City of Novi 505
Payments shall be made to the County in annual installments which shall be due and payable at least
thirty days prior to the day of the month specified in the County bonds as the annual principal
maturity date thereof. An annual installment shall be paid in each year if any principal and/or
non-capitalized interest on the bones fails due during the twelve-month period beginning on such
principal maturity date in said year, and the amount of each installment so due and payable shall be
at least sufficient to pay each City's share of all such principal and/or interest thus falling due
and all bond service charges then due and payable. The County Agency, within thirty days after
delivery of the County bonds to the purchaser, shall furnish the Treasurer of each City 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 each City, also shall advise each City
Treasurer of the amount payable to the County on such date. If a City fails to make any payment to
the County when due, the same shall be subject to a penalty of l 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 a City from the obligation to make
payment when due. Such payments shall be made by each City when due 1.1hether or not the Project has
then been completed or placed in operation. In the event that additional County bonds shall be
issued under the authority of this contract to defray a part of the cost of the Project, the
foregoing obligations shall apply to such part of the cost and to said additional bonds insofar as
appropriate thereto.
If a grant, advance or payment becomes available from the state or federal government or
any other source, each City hereby agrees to adopt such resolutions or ordinances as may be required
by state or federal laws, regulations or orders to make the County and the Project eligible to
accept and receive the grant, advance or payment, and if the terms of the grant, advance or payment
require a local contribution, each City hereby agrees to raise and make such local contribution.
7. Either City may pay all or a portion of its share of the cost of the Project in cash
prior to the issuance of bonds in such event the obligations of the Cities shall be adjusted
accordingly. A City also may pay in advance any one or more installments or any part thereof (a) by
surrendering to the County any of the County bonds of like principal amount or (b) by paying to the
County in cosh the principal amount of any County bonds which are subject to redemption prior to
maturity plus all interest thereon to the first date upon which such bonds may be called for
redemption and 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 payment.
The installments or parts thereof so prepaid shall be deemed to he the installments
or parts thereof falling due in the same • •
90
MinutLfs Continued. March 9, 1989
ca:endar year. cii lhe maturity t a tea of the bonds surrendered or called for redemption and bonds so
sur -endered or ii-: rod shal b- 555 ,xiF led
T" the evert tht. it shall become nee.essry to .inereas the estimated cost of the
the
by M012.
design
shall
•ri ine:se
Sh3 rj
nor s'e.aL e r. Cow es -• •:nto ar e
threof or incur any objigaton for
wchi] he to cause the total cost of the. P
ass hsrsinbOos•e stated, unless the govern:,
apwovin.g such increase or exces
r as it cs_et available from other sources} s
by the issuance of increase
tenal payments adreed to be
provded, further, that is
r. oui"eb. prior to or
if tne ,Thunty previcusy
t.he ased the i
ray suc. incre•-d, (1(11 ,. e.nal uo e.
to t,s plscis. as last app
1-,sttd to be sold,
in the event that the. actual cost of the Pro
s.Irplus available to the County from the
Tie option of the governing bodies, shaU
Cal led Lake Arm, to apply upon future pao
oe the open aarke7, provided that stsh
or the e• only If
stateq, or if- the
as tne result of vaHations
iAen .without executon s.r
ee.Lag bodies oi" the Cities.
bfds, d .irect thL:. ,..,
caes: to ;,,o whf:h
ai that
the Vroject, e.r•
isiyce-7; of its
apu.,r-it. (upon
! i,sued to
as ectual cost
changes
7 'eLtrthe:r
tiotH;
red
or=
oe- ars
ary •
7. to Q•
Project
17.;[
*ey.ce ,:: the estima ted
Is in •pproved plans
of this contract)
days after the receipt
sufficient to reduce
eost as hereinbefore stated
the general scope, overall
of such resolutions each City
sess in cash, or County bonds in
resolution therefor by the Board
cost to the extent that funds
tnAt no such increase or excess
hell be authorized to be issued,
-UCTOrl of the Project or any
cefor, where the effect thereof'
tan 5.% its total estimated cost
previously shall have adopted a
f ,ts share of the same (or such part
- its payment procured by the City in
rth County funds in anticipation of
Is: City to the County in the manner
f such resolutions by the governing
.tent to the issuance of additional
.:!.oted to sell bonds to pay all or
bonds is necessary as determined
as. af-e e .sential to completion of
e time A.e ,!: V71:' previous bonds were
fcd
b
of
by he C.:ff
the Proj ,...,
issued or c
9,
cost,. then
by a C -ty,
'Sr p...heche
or exLend the 7:
Sen attribotaecJ to , ctth !h]c.,;me
,I 5 n' for the psr;-,e.s.s. of ;
suoplemented
cx .lens'or..; may be fins.
If such
There.lt
reesst tne
the stated mpncity of said hos email be rec,c
Should a City f ir ii fur •py
herein rs.su ,:e.t to he paid, tha '
with the 6;,iiuoseme!it of unresvites.ed
C.enstitution to sufficient Ti:iLIS
faith and rordit of the County is
on the bonds to be issued by
reAson of such pledqe OR account of the
'1 and to notify the State Treasurer
1.-rc.m any unrestricted =neys in the State Tr
de tinquent and Si' is±. s:,ct amount to the Courr,si.
The foreTlie,,;! shal not operate to limit the County's right to pursue any other legal
remedies she reiffnsemeent df moneys a.dvaneed on account of the default of a City.
rich City, pursuant to the authorit.ion of Section 5a. of Act No. .42 9 hereby pledges
its full faith and credit for the prompt and Steely payment of its obligations. expressed in this
c.or ,..t and each year shall levy a tax in r erA:.:.unt which, taking into consideration estimated
oeiviT.A.,ncies in tax collections, will be to pay its obligations under this contract
becoming due :.efore the time of the followin tax collections provided, however, that if at
the time of s.,.11 ,4 t5 aneus., tax levy the tiny -.hall have On hand in cash other funds (including
but not limited to funds fnon user charges or connection fees) which have been
sat aside: arlt pledged or other 111 are aveble for the payment of such contractual obligations
falling d(.e prior to the time of the next tax collection, then the annual tax levy may be reduced by
such amunt, The abil .ity of each City to levy taxes is subject to constitutional, statutory and
charter lio;itatioos. The govcrning body of each City each year, at least 90 days prior to the final
date provided by law for the snaking of the annual City tax, levy, shall submit to the County Agency a
d prsi(2r
i-m p
:11,1S redeem or
requi.'ed made by t
,,..!'en.eest 6.nd tl:e
laS!:. than the total estimated
boscis or cash payments made
enlarge or extend the
due to the Lyinti, to redeem bonds or
shall be •,:sed to improve, enlarge
Hzed by the Board of Cwmissioners.
he refunded to the City. Any such
Project or the Walled Lake Arm,
imrc,e ,nts, enlargements or
thor-12ad by the governing bodies of
. Vie same shall be cancelled, and
shall be reduced so as to
On' rre.de in the calendar year of
thereof,
4 at times specified the amounts
Tr:Isurer or other official charoed
s rel:Jrnable to the City pursuant to the Michigan
up any default or deficiency in funds. If the
for the prompt payment of the principal of and
and if toe County is required to advance any money
..0ency of a Cjty, the County Treasurer is hereby
at the amoent of money so advanced by the County
urer's possession belonging to the City which is
Commissioners Minutes Continued. March 9, 1989
written statement setting forth the amount of its obligations to the County which become due and
payable under this contract prior to the time of the next following year's tax collections, the
amount of the •funds which the City has or will have on hand or to its credit in the hands of the
payment of said obligations to the County and the County which have been set aside and pledged for
amount of the City taxes next proposed to be levied for the purpose of raisin° money to meet such
obligations. The County Agency shall review such statement promptly and, it he finds that the
proposed City tax levy is insufficient, he shall so notify the governing body, and the City hereby
covenants and agrees that it thereupon will increase its levy to such extent as may be required by
the County Agency.
12. No change in the jurisdiction over any territory in either City shall impair in any
manner the obligations of this contract or affect the obligations of the City hereunder. In the
event that all or any part of the territory of a City is incorporated as a new municipality or is
annexed to or becomes a part of the territory of another municipality, the municipality into which
such territory is incorporated or to which such territory is annexed shall assume the proper
proportionate share of the contractual obligations (including the pledge of full faith and credit)
of the City, which proper proportionate share shall be fixed and determined by the County Agency and
shall be binding upon all parties concerned unless, within sixty (60) days after such incorporation
or annexation becomes effective, the governing body of the municipality into which such territory is
incorporated or to which such territory is annexed and the governing body of the City, by mutual
agreement and with the written approval of the County Agency, shall fix an determine such proper
proportionate share. The County Agency, prior to making such determination, shall receive a written
recommendation as to the proper proportionate share from a committee Composed of one representative
designated by the governing body of the City, one designated by the governing body of the new
municipality or the municipality annexing such territory and one independent registered engineer
appointed by the County Agency. Each governmental unit shall appoint its representative within
fifteen (15) days after being notified to do so by the County Agency and within a like time the
County Agency shall appoint the engineer third member. If any such representative (other than the
appointee of the County Agency) is not appointed within the time above provided, then the County
Agency may proceed without said recommendation, If the committee shall not make the recommendation
within forty-five (45) days after its appointment or within any extension thereof by the County
Agency, then the County Agency may proceed without such recommendation.
13. This contract is contingent upon the County issuing its bonds 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 Sections 5a, 5b and Sc of Act 342. Interest on the bonds may be
capitalized and paid from the bond proceeds for a period not exceeding the estimated construction
period and one year thereafter. in the event that the bonds are not issued within three years from
the date of this contract, then unless this contract is extended by mutual agreement. it shall become
null and void, except that each City shall pay its share of all engineering, legal and other costs
and expenses theretofore incurred and shall be entitled to all plans, specifications and other
engineering data and materials.
14. Upon completion of the Project it shall be operated as part of the Walled Lake Arm in
accordance with the Base Agreement. The Base Agreement is amended to provide that the maximum
number of units which the County shall be required to serve within each City shall be as follows:
City of Walled Lake 5,000
City of Novi 5,000
15. All powers, duties and functions vested by this contract in the County shall be
exercised and performed by the County Agency for and on behalf of the County unless otherwise
provided by law or in this contract,
16. The parties hereto recognize that the holders from time to time of the bonds to be
issued by the County under the provisions of Act 342, and secured by the full faith and credit
pledge of each City to the making of its share of the payments as set forth in this contract, will
have contractual rights in this contract and it is therefore covenanted and agreed that so long as
any of said bonds snail remain outstanding and unpaid, the provisions of this contract shall not be
subject to any alteration or revision which would affect adversely either the security of the bonds
or the prompt payment of the principal of or the interest on the bonds. The right to make changes
in this contract, by amendment, supplemental contracts or otherwise, is nevertheless reserved
insofar as the same do not have such adverse effect. The parties hereto further covenant and agree
that they each will comply with their respective duties and obligations under the terms of this
contract promptly, at the times and in the manner herein set forth, and will not suffer to be done
any act which would impair in any way the contract of said bonds, the security therefor or the
prompt payment of the principal of and the interest on the bonds. It is declared that the terms of
this contract and of any amendatory or supplemental contract and any contract entered into pursuant
hereto, insofar as they pertain to the bonds or to the payment of the security thereof, shall be
deemed to be for the benefit of the holders of said bonds.
17. The County Agency shall prepare, with the aid of its consultants, such covenants,
representations and warranties and have adopted by officials of r the County and the Cities such
procedures for construction, accounting, payment and operating as are necessary to assure that
interest on the bonds will be and will remain exempt from gross income for federal income tax
purposes. Such covenants, representations and warranties and such procedures shall be evidenced by
91
By:
L o: k
92
Commissioners. Minntcs Continued. March 9, 1989
and set forth in certificates or resolutions prepared Co.- the County Agency which the Cities and the
County agree to apprc.ve, execute and adopt at or prior issuance and delivery. of any bonds.
18, In the event that any one or more of the provisions of this contract for any reason
be held to be invalid, illegal or !.!r-..:forceable in any respect, such invalidity, illegality or
irc.nforceability shall not affect any otho: provisions hereof, but this contract shall be construed
if such invalid, iiieg21 or unenforceable provision had never been contained herein.
lb. This contrtct shall become effective upon its execution by each party hereto and the
expjrfon of 14.; the date or dates of publication of the notices required by Section Sb
of sos 342; providLd: ;.owe ,,-r, that if, within the .i5-&.! period, a proper petition is filed with
the. Clerk of a Ci.:4 :',oco.'6.ance with the p:.c.-,fiLionc of said Section 5b of Act 342 then this
shall not become erf•zIv!7: until approved by the vote of a majority of the electors of the
, qualifi ed to vote and votirr hereon of <. inf:al or special election. This contract shall
terminate forty (40) years from t..d sate hereof or on Such earlier date as shall be mutually agreed;
provicied, however, th ,;:t it shall not be terminated at any time prior to the payment in full of the
princloal of and irter:,::.t on the .......arty bands tegetner with all bond service charges pertainino to
said bonds. This. ..on;.ract may evened in several oonoterperts, The provisions of this contract
shall inure to the bereilt of and hç: binding upon the -L.L...:--,scns iLH assigns of the parties hereto.
IN WlTNEI;', qi:JHE, the parties hr contract to be executed and
Tivered by t'ne being duly the rspr!ctive governing bodies of such
par-les,. all as of r_iiy and year first above
COUNT 'f OF ORKLAMO
BY:
LI 51P1
CITY 0 WALLED LAKE
B5c,;
Mayor
('jerk
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolution.
PLANNING BUILDING COMMITTEE
Anne M. Hc.art, Chairperson
Copy of Exhibits "A" and "B" on file in County Cler'K's Office.
Moved by Hc.hart supported by Calandro the resolution be adopted.
AYES P3pptpeorge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro,
Chester, Crake, Ferrens, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Ltixon, McConnell,
McCulloch, McPherson, Moffitt, Oaks. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 890F,1
Be Pan.1 -11, and Building Committee
IN FE: iealth Division - AUTHORIZATION TO RECEIVE BIDS - SOUTH OAKLAND HEALTH CENTER MISCELLANEOUS
REMODELING
To the Oakland County Board of Commissioners •
Mr. Chairperson, Ladies and Gentlemen;
'•c• need full size :1::itorium. for the South Oakland Health Center
demonstration kicnrrsn has becf.e ondary to the for additional clinic space; and
- approximately 2/3 of the existing auditorium can be converted into new clinic
space for ':a„ OFSOT and the WI,: programs at an estimated total project of $36,000; and
ioch a conversion has been presented to and has received the unanimous support of,
the Health ad 'T.iiton Services Cormittee; and
extension of the existing fire protection system into the remainder of the
Healtn C.?1 basement has been requested by the Southfield Fire Department and has been endorsed by
the County is Safety Officer; and
WHIi:EAS the preliminary total project cost for such an extension has been estimated to be
$25,000;
'4:VI:AS funding for both items of work is available in the Miscellaneous Remodeling line
item of the Capital Improvement Program.
!,!N THEREFORE BE iT RESOLVED that the. Department of Public Works be and is hereby,.
authorised to advertise said project for bids, receive bids, and to report to the Planning and
Building Committee upon receipt and tabulation of such bids.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
agency)
CiTi OF NOVI
Commissioners Minutes Continued. March 9, 1989 93
Moved by Hobart supported by Pernick the resolution be adopted.
AYES: Pernick, Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro, Chester, Crake,
Ferrens, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson,
Moffitt, Oaks, Olsen, Papageorge. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Fiscal Report (Misc. 89062)
By Finance Committee
IN RE: SOLID WASTE FACILITY - CONTRACT AWARD
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 the contract award
for a solid waste to energy facility and finds:
1) All costs are based on the Oedema Avenue site.
2) Said contract is for $123,316,000 for construction of the facility.
3) Any changes or modification in facility design and/or construction will result in
corresponding cost changes to the proposed $122,316,000 price.
4) Associated County and financing costs are anticipated to add $29,464,998.
5) Capitalized interest during this project is anticipated to be between $60,218,666 and
$62,363,145.
6) Bond issuance cost is anticipated to be between $7,787,305 and $7,826,005.
7) A debt services reserve of $19,984,500 is anticipated.
8) Total finance requirements with rounding are estimated to be between $240,776,323 and
$242,957,925 of which between $224,030,000 and $225,965,000 is to be derived from bond proceeds and
between $16,746,323 and $16,992,925 is to be derived from interest earnings during the construction
of the project.
9) Annual gross debt service fees are anticipated to be between $22,600,000 and
$26,725,000 and average net service fees are anticipated to be between $21,160,000 and $25,240,000.
10) Nature or type of bond issue has not been defined, however, it is assumed to be a
limited obligation issue of Oakland County.
11) The County has $1,719,451,428 in available bonding capacity as of March, 1989.
12) The entire project is anticipated to be repaid out of user charges in the form of
tipping fees.
13) A separate resolution will be required to authorize the County to proceed with bonding.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Misc. 89062
By Planning and Building Committee
IN RE: Solid Waste - AWARD OF CONTRACT TO WESTINGHOUSE ENERGY CORPORATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County received timely and responsive bids from three vendors to build and
operate a 1,500 ton per day Resource Recovery Facility; and
WHEREAS after full review by the County staff and consultants, it has been determined that
the proposal by Westinghouse Energy Corporation is the lowest responsible bid.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts
the bid of Westinghouse Energy Corporation for the Construction and Service Agreements for the
construction and operation of a 1,500 ton per day Resource Recovery Facility and directs the
Chairperson of the Oakland County Board of Commissioners to execute such agreements.
Mr. Chairperson, on behalf of the Planning and building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Pappageorge the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Hobart supported by Pappageorge the resolution be adopted.
Moved by Hobart supported by Jensen the resolution be amended by changing the name from
Westinghouse Energy Corporation to Westinghouse Electric Corporation.
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
94
Commissioners Minutes Continued. March 9 0 1989
Moved ty Forrens supported by Pernick the resolution be laid on the table until litigation
between the City of Pontiac uhd Oakiand County is resolved.
AYES: Price, Fercon, Luxon. (3)
NAiS: Pewold, Ckacritt, oi, Bishop, Caddell, Calandro, Chester, Crake, Hobart, Jensen,
Johnson, R. Kuhr, S. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge,
Per-nick. (21)
A sofficient majority not having. voted therefor, the motion to table the resolOIlon failed.
Pride •upportaed by E ....er:s the resolution he referred back to the Finance
Committee :au eILark in serious discussion with the City of Pontiac.
A sutfitieot majority havinci. Voted therefor, the motion to refer back to the Finance
Cemmfttee failed.
Or resolution, as amcrde:
Pewole, Skarriff, Poif, Bishop, Caddell, Calandra, Chester, Crake, Hobart, Jensen,
Johnson, R, Kohn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen,
Pappageore, Pernick. (23)
NAYS: Farrons, Price, (2)
A sufficient majority having voted therefor, the resolution, as amended, Was adopted.
Misc. 89063
By Planning and Poildinr; Comuittee
IN RE: Corporati:.0 - OPTION AGRHAINT FOR MONTCALM ROAD EXTENSION; BETWEEN THE COUNTY OF
Ot,aA ,) AND BERNICE GE.t:HENSON AND IRA JAFFE, TRUSTEES, AND AARON H. CERSHENSON, GRANTOR AND WINEMAN
IN:!EATJEKT GOKWANY
-74, the
Cat sad 6mmty Beard of Commissioners
Mr, Cnairverson, Ladies and Gentlemen
WHEREAS pursuant to Micoellaneous Resolution 083324, the County of Oakland entered into an
Option Acireemeht with Bernice Gershenson and Ira Jaffe, Trustees and Aaron H. Gershenson, Grantor;
and WineT2n Investment Company, Grantor; all as sellers, for the purshase of 16+ acres of property
lcoat,':d in the Township of Waterford for road risht of way purposes for the east westMontcalm Road
Extensi
e'itich 6 of said Agreement proides tat if Sellers receive a bona fide offer to
purchase foram a third party, the Cmiu.no have, upon receipt of a copy of said
offer, SC ,-xercise its right to purchase said property at the same price as set forth in the
thiro ,i:fer to the purchase; and
,kiaAS on February 17, 1989, the Department of Corporation Counsel, Real Estate Section
received a crpy of a Dona fide offer to purehas., a portion of said property; and
ALREAS at 'the terms as set forte of 51.00 per square foot, the purchase price for the
3,22+ acres involved at this timc would be ..1if:A1,000.00 and further that to purchase the entire road
right of way would be in excess of T1,600,000.00; and
WHEREAS tre is currently no firm plan by the City, the State or the Federal government
to extend trii in la,:ftion and
Loantv E ,:erOve recommends that the County not exercise its option to
purchase en:rd r .ipf 'fqdy, and
and Ctdnty Road Commission concurs with this recommendation, •
tE IT klSOLVED that C.,:km:,nd County Board of Commissioners elects to
allow its option Li. pyrcoase the 3.22 acres of 1.:.(1 f0,- road right of way for the east-west Montcalm
extension in the Towrshiti of k!aterroria to lapse.
Mr. Chairperson, on t',er.lf of the Planning and Building Committee I hereby move the
adoption of the foregoing resclu -ion.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Crake the resolution be adopted.
Skarritt, Wolf, Bishop, Calandre, Chester, Crake, Ferrens, Hobart; Jensen, Johnson,
R, Kuhn, I. Kuhn, Law, LuAon, McConnell, MoCul1och, McPherson, Moffitt, Oaks, Olsen, Pappageorge,
Pernick, Price, Rewold. (24)
NAYS: Hone, (0)
A sufficient majority having voted therefor, the retblution Was adopted.
The Chairperson vacated the Chair. Vice Chairperson Nancy McConnell took the Chair.
Commissioners Minutes Continued. March 9, 1989 95
Fiscal Report (Misc. 89049)
By Finance Committee
IN RE: Approval of Contract with Oakland County Building Authority for Computer Center Facilities
and Notice Therefor
To the Oakland County Hoard of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursubnt to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution f89049 and finds:
1) The Board of Commissioners authorizes the County to enter into the attached contract
with the Building Authority for acquisition and financing of the Computer Center anticipating it's
availability for County use prior to May 1, 1991;
2) The Building Authority will issue bonds to finance project in the principal amount not
to exceed 110,750 ;000 bearing interest not to exceed 12t per annum;
3) Bonds will mature beginning, in 1990 and continuing through 2002;
4) The County will lease the facility from the Building Authority and pay rental for all
sums necessary to retire the principal, interest and costs incurred by Building Authority in
connection therewith, regardless of whether the facilities are completed or untenantable,
5) The Authority agrees to lease project and, site for a period extending beyond the last
maturity date (2008) not to exceed fifty (SO) years;
6) The County retains rights to prepay at anytime;
7) The County payments to the Building Authority are based on a contract of limited tax
full faith and credit general obligations of the County. (Payments from County will come first from
available funds and, second, in the event revenues from other sources are unavailable, levy ad
valorem taxes on all taxable property as limited by law.)
8) Based on a debt repayment schedule at &t interest over twenty (20) years, average
payment is $1,064,500 per year, with a payment of $358,340 due November 1, 1989; (It is anticipated
due to interest income from bend proceeds and not incurring interest cost until bonds are delivered,
1989 cost from the Contingency will not exceed $60,000)
9) Upon issuance of bonds, appropriate budget adjustments are necessary.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Misc. 89049
By Planning and Building Committee
IN RE: APPROVAL OF CONTRACT WITH OAKLAND COUNTY BUILDING AUTHORITY FOR COMPUTER CENTER FACILITIES
AND NOTICE THEREFOR
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there exists in and for the County of Oakland, State of Michigan (the "County"),
an imperative need to acquire and construct computer center facilities, as hereinafter in the
attached Limited Tex ui1 Faith and Credit General Obligation Contract of Lease (the "Contract")
more particularly set forth; and
WHEREAS the Oakland County Board of Commissioners (the "Board") has determined, and does
hereby reaffirm, that it is necessary for the public welfare cf the County to acquire said
facilities for the use of the County; and
WHEHAS Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, provides
through the procedures of building authority financing a means for the acquisition, construction and
financing of such facilities; and
WHEREAS the County, in accordance with the provisions of said Act 31, as amended, has
previously adopted Articles of Incorporation and has established the Oakland County Building
Authority (the "Authority"), with full powers to acquire and constrdet such facilities; and
WhER1AS this Board determines it to be in the best interest of the County to acquire and
finance said facilities Through the Authority in accordance with the provisions of said Act 31, as
amended; and
WHEREAS a Contrac.t between the County and the Authority providing for the acquisition,
construction and financing of said facilities and such matters as are deemed necessary thereto has
been prepared.
NOW THEREFORE BE IT RESOLVED THAT:
1. The Board of the County hereby determines it to be necessary for the public welfare of
the County to acquire the said facilities as set forth in the Contract attached to this resolution
for the use of the County.
2. This Board deems it to be in the best interest of the County to finance the cost of
such facilities through the Authority in accordance with the provisions of the aforesaid Act 31, as
amended.
3. This Board hereby approves the plans and estimates of cost of said facilities as
prepared to date.
4. This Board hereby approves the Contract for the acquisition and financing of said
facilities, as hereto attached.
5. The Notice of Intention of Entering into Contract of Lease as hereto attached shall be
published in the Oakland Press, the Detroit News and the Daily Tribune, newspapers of general
f!=,
Comiri:sioners Minutes Continued. March 9, 1989
ci:rfailation in the County, promptly upon
oist:Jlay 7avertisopents at le-oit ore-: 555
6. The Chailson of ti
irtr,r,iiately and deiiver to. the. 4,tho:
,L become effective
ot
.Fil)16.31. VIP
refe,-
of .t'us Curi
circhlf.:rir A li!Cf
is directed aed th:-t
most practical Lin reFln
aforesaid project aud the
office of the Counti,,,
7. The boot•t..'.
Contract to levy ad <i -:n face'
to meet the of th2 (
Insufficient for a5y reson whaasc
Contract shall be 1 .0edd as to five
B. Thc ConanLy
actions within its oble:nef,.1
referenced ir th4:
the interne.
elating to 1
Bond proceeds tine a
9, Cho Co
Michigan Department.
application for an ortior exc!,
and to arrange for the pa .,/vrerr: any
with all re-ouirements in Lonft .eica witf
10. All rasolut1( and pa-
provisions of this resolutitaf. be and
Mr. Chairperson, on behalf of th
the foregoing resolution.
of this resrldt::nn, said Notice to appear as
in
r-unty Clerk are authorized to execute
by this resolution_ The Contract
:levs following the date of
f 8(b) of said Act 31, as
zu-a filing of a petition for
by the qualified electors
nesoapers are the newspapers
to wbom noo aforesaid Notice
ne wspapers represents the
atectors of the County of the
at shall be placed on file in the
covenant in the aforesaid
to the extent necessary
avenun from other sources are
pay the Cash Rental under said
at 5y law.
•dt•ad by law, it shall take all
loci of the interest on the Bonds
federal income tax purposes under
'stluding but not limited to, actions
H the expenditure and investment of
HI steps necessary to apply to the
(.rized by the Contract, whether by
the full application process,
;-th bond a,a,fuval. The County shall comply
1.
li:2.ns insofar as the same conflict with the
Lcidiug
rinded.
Committee, I move the adoption of
ttlie 01
a of arni
" else f
(th,-,
PLANNING AND BUILDING COMMITTEE
AU& B. Hobart, Chairperson
Lynn2),Allen
--(Teroun,-.4 of Oakland
Cbpy'of Notice to be Oven to the 'NewsPapers -on.file in the County Clerk's Office.
LIMITED TAX FULL FAITH CREDIT fiTHERAL CSLICATION CONTRACT OF LEASE
MADE P1I0 EXECUTED this i.J,3y of 19a9, by and between the OAKLAND COUNTY
BUILDING AUIAORY, a public cf.Erstion n-,nie:a--iaTTeOsting under the authority of Act 31,
Pciric Acts of (Fist aa-nded (the "AUTHORITY"), and the COUNTY Of
corraratic—. P.Y1:'ting under the Constitution and laws of
thc State of Woffgan (the CA-1T');
T H
WHEREAS the AUTHO'7',LTY has boen aod in pursuance of the provisions of
Act 31, Public Acts of Michigan, 1948 a 'wended (the "Act"), for the purpose
of bLFleng, acquiring, furnish,fj„ eolarging, leasing.- operating and
manteirOn,:! a building or baildjnc,,, autogot ,1e or structures, recreational facilities,
stadinis the necessary site _r• tiogethe with appurtenant properties and
faci'ities necessary or convei iie ,eof, for use for any legitimate public
pufpose of the COUNTY, and in -teher ,. osne7o in connection therewith and incident
thereto not fer'enanen by the laws. of th,i SttE if
"!:,IirRE,'S the COUNTY derisc.s. facilities, together with necessary
and related. afo.,:rtenances, oil dcY7-ibE treflic 4.11d in Exhibit A attached hereto and
iradi a part tr2of (whica impro-viwont: and reLtnd aupurtenafr are herein sometimes called the u ProjertTh and the AUTHORITY is willing to acquire the. Priject and lease the same to the COUNTY;
and
l,fti'.:P.EAS the site upon which said will be made is described in Exhibit A
attached hereto and made a part hereof, uuenclbf-rej fee simple title to which. site, and buildings
ard imvovac thereon where appropriate (tH.c will he acquired by the AUTHORITY pursuant
to this Linjfed Tax Full Fath and Credit Cenna) (AHron Contract. of Lease (the "Contract"); and
WHEREAS. the acnos;tiorl of the Proef.t by ti,.: AUTHORITY for use by the COUNTY is necessary
For the public health, ond welfare of the COM, and the use of the AUTHORITY to accomplish
such acquisition represents the most practical means to that end at the lowest cost to the COUNTY;
and
Commissioners Minutes Continued. March 9, 1989 97
WHEREAS the total cost of the Project is estimated to be in the sum of Ten Million Seven
Hundred Fifty Thousand Dollars ($10,750,000), which will include architects fees, legal and
financing costs, and contingencies; and
WHEREAS the COUNTY and the AUTHORITY have determined that the cost of the Project should
be paid by the authorization and issuance of bonds (the "Bonds") by the AUTHORITY in anticipation of
the limited tax full faith and credit general obligation contractual commitments of the COUNTY under
this Contract, pursuant to the provisions of the Act, in the principal amount of Ten Million Seven
Hundred Fifty Thousand Dollars (10,750,000), with the balance of the cost of the Project, if any
(to the extent the net proceeds derived from the sale of the Bonds are insufficient to pay the
same), to be paid out of moneys to be made available by the COUNTY to the AUTHORITY as herein
provided; and
WHEREAS as a prerequisite to the authorization and issuance of the Bonds, it is necessary
for the parties hereto to enter into this Contract whereby the AUTHORITY will lease the Project and
Site to the COUNTY and the COUNTY will lease the same from the AUTHORITY for a period extending
beyond the last maturity date of the Bonds, but not to exceed a period of fifty (50) years; and
WHEREAS this Contract has been executed by the COUNTY pursuant to resolution of the County
Board of Commissioners of the COUNTY adopted on , 1989, and notice thereof has been or
will shortly be published in newspapers of gen -e-1--aTTicLion in the COUNTY, and this Contract
shall become effective after forty-five (45) days have elapsed following such publication, if no
petition for referendum on the effectiveness of this Contract has been filed with the County Clerk
of the COUNTY;
IT ISIHERSFORE AGREED BY AND BETWEEN THE PARTIES HERETO, for and in consideration of the
agreement and covenants of each other and moneys to be paid out to the other, as follows:
1, (a) The COUNTY will, at or prior to delivery of the Bonds, convey and transfer to the
AUTHORITY, by lease or deed, such rights in the Site described in the preamble hereto as to permit
free and unrestricted use thereof by the AUTHORITY to acquire the Project. Such conveyance shall be
made in a form and manner approved by the County Attorney of the COUNTY.
(b) The AUTHORITY will enter into a final contract or contracts callino for the
acquisition and construction of the Project prior to May 1,1991, and shall proceed to cause the
Project to be acquired and constructed prior to said data in accordance with plans prepared by the
architects, to he submitted by the AUTHORITY to the COUNTY and approved by the COUNTY, so that the
Project shall be available- for the use of the COUNTY on or before May 1, 1991.
2. In consideration of the rentals and other terms and conditions herein specified, the
AUTHORITY does hereby let and lease the Project and the Site to the COUNTY and the COUNTY does
hereby let and lease the Project and the Site from the AUTHORITY, TO HAVE AND TO HOLD for a term
commencing on the date possession of the same is to be delivered hereunder pursuant to Section 14
hereof and ending on a day . fifty (SO) years from the date hereof, or such lesser period as may be
authorized by the provisions of this Contract.
3. The COUNTY hereby covenants and agrees to pay to the AUTHORITY cash rentals for the
use of the Project. (hereinafter referred to as "Cash Rental" or "Cash Rentals") in amounts based
upon the AUTHORITY'S debt service requirements on the Bonds, as hereinafter sat forth.
The Bonds will be issued with principal maturities on May 1st of each year as follows:
1990 $200,000 1995 5400,000 2000 $600,000 2009 $900,000
1991 200.000 1996 400,000 2001 700,000 2006 900,000
1992 250,000 1997 500,000 2002 700,000 2007 900,000
1993 300,000 1998 500,000 2003 700,000 2008 900,000
1994 300,000 1999 600,000 2004 800,000
The COUNTY will pay to the AUTHORITY, co mmencing on April 1, 1990, and annually there-
after so long as any of the Bonds are outstanding, Cash Rentals in an amount corresponding to the
principal amount of Bonds maturing on the next succeeding May 1st,
The COUNTY acknowledges also that the Bonds will be issued at a maximum interest rate of
not to exceed twelve percent (12f) per annum and that so long as Bonds remain outstanding, such
interest will accrue on the outstanding principal balance semiannually. Therefore, the COUNTY
further covenants and agrees to pay to the AUTHORITY, as a part of Cash Rentals, commencing on
October 1, 1989, and semiannually thereafter so long as Bonds are outstanding, such additional sums
as shall be necessary to pay interest due on the Bonds prior to the next succeeding Cash Rental
payment date
It is understood and agreed by the parties hereto that the COUNTY's minimum Cash Rental
obligation hereunder shall be the payment of such amounts as shall equal debt service requirements
on the Bonds falling due prior to the next Cash Rental payment date. However, the COUNTY shall
retain the unrestricted right and privilege to prepay at any time whatever amounts of Cash Rentals
it may choose in order to retire fully or partially the bonds and any interest then due thereon or
in order to Provide for such retirement at a specified future date. The total aggregate obligation
of the COUNTY hereunder for Cash Rentals shall at any given point in time be equal to the sum of the
Cash Rentals yet to be paid to retire principal of the bonds, plus interest accrued thereon since
the last Cash Rental payment at the rate borne by the Bonds. The COUNTY warrants and represents
that the amount of its obligations under this Contract, when taken together with other indebtedness
of the COUNTY, will not cause its obligations under this Contract to exceed any constitutfonal or
statutory debt limitation applicable to the COUNTY,
in
year commencing in 1989, and
safficient to pay the total
nualy before finalization
,re and transmit to the
:.ynent of al: costs of the
c -ly with the Cnunty Board of
:Aive to the f.r:iiadt which might
1.1ate to cover c'31igations of
of the obligations recicirad to be paid
t the COUNTY with ,.civance payment on
The COUNTY may also q:atify by written
ements set out in Secton 3 hereof be
'Currently or at some future date, to
t.:ie Ponds, in which event the AUTHORITY
oners Minutes Continued. March 9, 1989
(30) day
ur
oo
.aith
also,
in
ay. such
4:
tath and
be
term of
P -
1 '1" rab
THOP1TY shall, with i n thfrby
afplete schedule of writiJriL
a'at thirty (30)
of the exact JMOL4r;
i the due 6,
FY, at it.!;
:r the Pro.:!,:
the CDUNT1
is."iu'!c any am-
Ja:rs and ma:
, and
gnting,
-essary to
cane in gout repa'ft alb!.
1TY shall pay, as part
the AUTHORITY, aaid
-sd to meet reason,
I:, ansfe
incidental to th .:,
ve ry of the Lords, furnish the
,'eit thereon, and the AUTHORITY
- ist of each fear, advise the
: said. date, •;:,nd the COUNTY
this Contract, shall operate,
C in connection therewith
required. Operation
maintenance and such
hioil,et and the Site in
ilLsion of any other Items not
tire and such other repair and
of the Project and the Site,
proper insurance coverage_
rfce expense, upon written
threcif, such amounts as
eeating expenses of the
• cther costs or expenses of
attributable to the Project or
the
It is onderstoot
ed by the in
ed in ",er:tidr.. 3
hereto that the Bonds will be
si Cash Rental coligation, as
Section 8a of the Act, hereby
Sections 3 and 4 hereof are
faith ald °elle
The COUT:' and
--tmipt and timely unt of the C.ri
::3ntraet, and usd1 each
is as a first pudget obligat
if nob.,.cy, the ooligytt
n all the taxable property in the
bamies in tlx collections, shall
o ft:5 Critract. Such. levy, hownvf
.al.ions unless th 4 .5 cd -itt:ct
-q of at a rate cbbe.oedMon thirA
hboviding funds tt
are issued. Nci"
combination, o
-:ulds to meet
inre shall be oUer fuuds
ations due prior to the nvt.
6 by such amouht„
6, The COUlTY pFll in':ode in its budges for
shell id ode i ts budget tor oaeh fiscal year thereaft
Ibm:.r this Contract due in each bbeh f
L.LV'j for the next ensJing fiscal yea:-
A: iflPITY b..altient of the moneys to be i
The shail have the
Comnsrioners 5 tie COUNTY regarding d±::y
disputed, and, in any event, the budget
the COUNTY herein canboncd a this Contract,
b%HY slay at any time pay sr
n event the AUTFAITY
if; to the extent GE sod'
Cash Rentals p..aid n
burun,bie Bonds for redempt -oo prior to matu$
bent the provision for prior redemption T
sail be obligated to apply and use said advanci: N:fments for such purpose to the fullest extent
aol...."nvec by tj:
ne.sucv to
sfall
full faith and credit for the
expressed in Section 3 of
ropriate from its general
talis. Such pledge shall
such ad valorem
:deratico estimated
, Rentals under and
Ole constitutional and
the CDUNTY and shall not
ls, such Ievy being for
"Y in anticipation of
set the COUNTY from
said Act for the
Fr the time of making
set aside for the payment of
cericd, then such tax levy may be
7,
this Ce'rfr
peas: ible.
The COUNTY may install in the
desire, but shall not make any permanent ,;1
the AUTHORITY,
9. The COUNTY covenants and agroe
Sitc in any manner th,t will result in a iibl
t .ations now or hfreTh- in force and avli
members of its I:omission harmless and indemnl 'iod
Is.' any tiocideml. loss, casualty or damage
misuse, or 00:1 5:. of the Project and Site, c)
or about the Projcct or Site or in relation the:
-a or Site such equipment or fixtures as it may
s to the Project without the written consent of
t it will not permft the use of the Project or the
tion of local, a or federal laws, rules or
eep the AUTHORITY and the
loss, damage or expenses
f; property through any use,
of an ac ,: or thing done or rot done on, in
The COUN1( fur her covenants and agrees that
thereto
tirfe,
to any p
Commissioners Minutes Continued. March 9, 1989 . 99
it will promptly, and at its own expense, make and pay for any and all changes and alterations in or
about the Project and the Site which during the term of this Contract may be required to be made at
any time by reason of local, state or federal laws and to save the AUTHORITY harmless and free from -
all costs or damage in respect thereto,
10. To carry out the acquisition and construction of the Project and the financing thereof
in accordance with the provisions of said Act, the following actions shall be taken by the AUTHORITY:
(a) The AUTHORITY will immediately upon the execution of this Contract enact the
necessary resolution or ordinance to authorize the issuance of the bonds in anticipation of the Cash
Rentals to be paid by the COUNTY hereunder. The AUTHORITY will offer for sale and take such other
necessary legal procedures as may be necessary to sell the Bonds as soon as (i) this Contract becomes
effective and (ii) all other steps required to be taken prior to sale of the Bonds have been accomplished.
(0 The AUTHORITY will promptly enter into and execute contracts for the acquisition of the
Project in accordance with the plans and specifications therefor prepared and approved by the AUTHORITY
and the COUNTY. No changes in said plans and specifications shall be made by the AUTHORITY without
the consent of the COUNTY. Said contracts shall specify a completion date of not later than May 1,
1991. The AUTHORITY shall not execute any contract in connection with the acquisition of the
Project until the same has been approved by the County Board of Commissioners of the COUNTY.
(c) The AUTHORITY will require and secure from any contractor undertaking any work to be
performed on the said Project necessary and proper bonds to guarantee the performance of said contract
and labor and material bonds in such amounts and in such forms as may be approved by the County Attorney
of the COUNTY.
(d) The AUTHORITY will immediately upon receipt of the proceeds of sale of the Bonds
comply with all requirements provided for in the ordinance or resolution relative to the disposition
and use of such proceeds,
(e) The AUTHORITY may invest any bond proceeds or other funds held by it as permitted
by law and investment income shall accrue to and follow the fund prodacint such income. However,
the AUTHORITY shall not invest, reinvest, or accumulate any moneys deemed to be proceeds of the
Bonds pursuant to the internal Revenue Code of 1985, as amended (the 'Internal Revenue Code"), and
the applicable regulations thereunder, in such a manner as to cause the Bonds to be "arbitrage
bonds" within the meaning of Section 148 of the Internal Revenue (Lode and the applicable regulations
thereunder.
(f) The COUNTY and the Authority will take Cr abstain from taking, to the extent
permitted by law all actions required by the Internal Revenue Cede and regulations thereunder as may
be necessary to retain for the interest on the Bonds the exemption from direct federal income
taxation, including specifically all actions and abstention from actions as required by the
Non-arbitrage and Tax Compliance Certificate and related documents furnished in connection with the
Bonds.
11, In the event that it should be determined that for any reason there are not sufficient
funds to complete the acquisition of the Project, or if repair,replacement or alteration of the
Project should be required to make the Project useebIe for its originally intended purpose, and
additional funds become necessary therefore, it is agreed by the parties hereto that this Contract
may be supplemented or amended to provide for the issuance of additional bonds by the AUTHORITY to
provide sufficient funds to complete, repair, replace or alter the Project and also to increase the
Cash Rental by an amount fully sufficient to pay all principal of and interest on the Bonds herein
referred to and such additional bonds when due.
In the event such determination of insufficient funds should be made after the letting of
contracts for construction of the Project, but before completion thereof, the AUTHORITY shall be
authorized, on its 01411 motion, to issue such additional bonds as may be necessary to provide
sufficient funds to complete the Project or to make necessary repairs, replacements or alterations
therein, and the Cash Rental to be paid by the COUNTY shall automatically be increased by an amount
fully sufficient to pay all principal of and Interest on the Bonds herein referred to and such
additional bonds when due. In the event any additional bonds are issued, the duties and obligations
of the AUTHORITY and the COUNTY as expressed and set forth in this Contract shall he applicable to
such additional bonds as well as the Bonds herein referred to, it beinc at all times fully
recognized and agreed that the Cash Rentals to be paid by the COUNTY, as specified in Section 3 of
this Contract, shall be based upon the total amount of bonds issued to pay the costs of the Project.
Any sue additional bonds shall mature serially on May 1st and the Cash Rentals coming due on April
1 and October 1, as shown in Section 3, shall be increased by the principal amount of such
additional bonds maturing on said May 1st, plus the additional interest pee:able thereon on May 1 and
November 1, All of the provisions of this Contract shall be applicable to said increased amounts.
Immediately upon) the issuance of such additional bonds, the AUTHORITY shall furnish and supply the
COUNTY documentation specifying the new schedule of Bond payments and Cash Rentals, increased as
herein authorized, which shall be substituted and take the place of the schedules herein specified.
In the event additional bonds are issued, all references herein to the Bonds shall be deemed to
include such additional bonds.
In lieu of the issuance of additional bonds, the AUTHORITY and the COUNTY may enter into
any other mutually agreeable arrangement to meet increased costs or bring such costs within the
amount of funds available for construction of the Project,.
12. In the event, by reason of favorable construction bids received, or for any other
reason, it is not necessary to issue the 1Bonds in the full amount presently anticipated, the
be coNs;.1
LJ,-.ost
otals and o ld
Cootract shall
of principal 07
r"-:Lure tT o Prejoat I
recrrivA by
,t1 Of
a condition !
Un :loners Minutes Continued, March 9, 19E9
same as though such Tf.,n6s and Gash Rentals were
the AUTHN',TY tairdsh ard to the. couN).-
ot 1:,014 Payments and Cas le P.antals, reHrti,d as herein aulh:
place of the
After nomplotiist
log otom the price
4.1THORTTY Tlcfaoaht Te Section 1 a
:.:oiution of Comm-;s.
chkan Department Or Treasury (or any successor agerJj
, for improvements or enlargement of the Project
to the CCUWIY. Any balance remaining after
:uirements and shall reduce the next due Cash l,•:ritals to
14, The AUTHORITY shall -ielivcr
siwltaneously with eorvc7ance ttereco' ta-• thF,
herrcf, The Preject
whatsorover tle
of the Caso,
er .as
lor the pa
1c. The CJIWY :flhall provide (a) liabili
1ToRITY nd ti e CIAN;', against loss on
by reason of thr-.' o...increhin of the Project.
on on the part the N1THOPITY COUNH,
with the op,.:r -Jon, maihenance or r.,•-olir of said
servi(e to the COUNTY, (0 ca ,:uaIty insura:ice against such
on.' size ad nature; and l'o)
hand line the funds of
riTFCRITY or th -a COUN TY from sny insurance ,clicies, or
e -Lc the: Project or tne Ls,o'l promptly to
the Cf.!:.An'i, If such! co", sufficient to
'store the Pi oject. or the Site, tie COUNTY may
..:..iwunts as the COUNTY and the AUlHOPITY may ear' :5:
to issuo baths for such restoratio
wij is ,..6d.:onal bonds and :
HO i couai leer.: in by the COUNTY,
F_,R1..TY or the COUNTY
to he COUNTY and
h:-onT", on:, not authorized to make pr„
A andlor invest the funds paid to it
the 'bonds, ad when upon receipt of sufficielt
proceed:- of the insurance and nthe available, f
interest on the Bonds, said mohys be dopes
the bondholders and used to pay the pri -icipal an6
17, The leasehoU right, duties and ot .,lions of the COUNTY as specified in this
"act snail not be asL ,,3hed whoii.. s r th part, during the term cf cads Contract or
e any of the bonds an;i: unpaio-„ ...s.sept. to the extent that such assignment or
-flease benefits and serqos a public ptoTioe of the COUNTY, in which e-yent the COUNTY
all be authcr.zeO to assign this Contract or sub)et ,h, 27 -;ihct, the Site, or any part thereof,
lo only to the extent and in the manner that the CUNT( sublet if it were the owner
the Projeo". -;:d the Site, in no event shall any asi•-).di..(ht or subletting relieve the COUNTY of
is prima ry .fi'ir....trogs tir pay the Cash Rentals .. and- opera ::'or and maintenance costs of the Project
and the Site or perform any of its other obligaUons hereunder.
10. Th ,a COUNTY shall have, arid is harAy granted, the right to require the AUTHORITY to
release from the terms and restrictions hereof part of the Site, or any interest therein, at any
time and time to time while the COUNTY is not in default hereunder, without cost to the COUNTY
provided that tho COUNTY furnishes the AUTHORITY with:
(a) A notice, in writing, contain -ire an adete Ieejal description of that portion of
the Site with "aspect to which such right is to he exert c';, Ti ,jother with a survey thereof; and
(b) A :,e 7-t'ficate signed by an engineer or anchic stating (i) that no part of the
improvements cons -'.i:i loIng the Pr ojecot (other than sewer, w:.H gas, electric and communication
iines and other ctlitie, and the like, which Sr be specified in such certificate) is located on
the portion Site with respect to which sosh right is exercised, and (ii) that the severance
of such portion a rhe Site will not impair the iyerating utility or materially alter the character
or the Project or the balance of the Site,
dORITY shall be authorized, after consultation with the COUNTY, to reduce the amount of Bonds to
ch pr i,nci:pi..1 amount as r•dy be necessary to pTy theret of the Pro,ject and also to reduce
I of t1.- COUNTY to a::;: r. the payments shall be su ..Ffi:tent to pay all principal of and
All th,. v'aisions of this CoW,r-‹ nfl be aplicable to said reduced
in said reduced amounts. In
,Lumertation specifying the new
1, which shall be substituted
F,yrPt of
•ie Epes and amounts
us, shall ii ser:, the AL:f
sur s of the COW/ 611:
is thereof, any unexpended
be paid by the COUNTY to the
HOITY, upon request made by
upp•oval, if required, of the
i, if an ,!) to the extent required by
!i.y other projects of the AUTHORITY
shall be applied to debt service
e extent of such appIicationi
e Project and the Site to the COUNTY
A_UTHORITT, as provided in Section 1(a)
but in the event that for any
the obligation of the COUNTY for the
ojoot and the performance of its other
in full force and effect up order to
the Pones and other costs in connection
of
sue; it carned on proj:a:cts of
suMclent Hde";ty Lend frwi
o to the extent necessary to protect
cr injury to persons or property
,c i ting from any act of omission
officers and employees, in
-he Site or the furnishing
apg in such aroutr as are
to pay the i)remium on a
hfficiont ad,!:!tional funds therefor in
, or the COUNTY ad the AUTHORiY may
tb, royisions of Section ll
all a -,ply. If in the judgment
ih:;orance policies, or
the Project to a
II
lurid' arP not made available or
then,ia thDt case, the AUTHORITY
iGss for the benefit of the holders
Rentals from the COUNTY which, together with
will be sufficient to pay the principal and
the AUTHORiTY, in trust, for the benefit of
r ,,t on said Bonds as they mature_
Commissioners Minutes Continued. March 9, 1989 101
From and after the consummation of any release effected by the COUNTY pursuant to the
provisions of this Section, any reference herein to the Site shall be deemed to refer to the real
property described herein, and the buildings and. improvements thereon, less and except any portion
or interest therein released to the COUNTY under this Section and any part theretofore released to
the COUNTY under this Section. No release effected by the COUNTY under the provisions of this
Section shall entitle the COUNTY to any abatement or diminution of the Cash Rontals or other
obligations payable hereunder.
19. The AUTHORITY, its agents, servants or employees shall have the right at all times of
entering upon the Project and the Site for the purpose of acquiring, constructing and inspecting the
same pursuant to its commitments hereunder and determine whether all of the terms, agreements,
covenants and conditions herein contained are being complied with.
20. The COUNTY covenants and agrees that it will continue to pay to the AUTHORITY, in
accordance with the terms of this Contract, the Cash Rentals and the operation and maintenance costs
of the Project and the Site at the times and in the manner herein established without reduction or
abatement for any cause or reason whatsoever, including, but not limited to, casualty which results
in the Project or tne Site being untenantable or the failure to have the Project restored under
Section 16 hereof, and without right of setoff or recoupment, until the principal of and interest on
all Bonds are paid in full or adequate funds are available and held in trust for the benefit of the
holders of the Bonds for that purpose.
21. The COUNTY covenants and agrees that if before the Bonds have been retired default
shall at any time be made by the COUNTY in payments of Cash Rentals- or operation and maintenance
costs as herein required or in the performance of any of its obligations hereunder, the AUTHORITY
shall have the right to use all the remedies provided by law to correct said default, including
those specifically set forth in the Act and the ordinance or resolution to be enacted by the
AUTHORITY providing for the issuance of the Bonds. In the event of any such default, the holder or
holders of the Bonds may, to the extent permitted by law, exercise and enforce the. rights of the
AUTHORITY hereunder.
22. The AUTHORITY and the COUNTY each recognize that the Bonds are to be issued in
anticipation of the Cash Rentals to be paid by the COUNTY hereunder and that. the holders from time
to time of the Bonds will have contractual rights in this Contract, and it is, therefore, covenanted
and agreed by each of them that so long as any of the Bonds shall remain outstanding and unpaid the
provisions of this Contract shall not be subject to any alteration or revision which would in any
manner unfavorably affect either the security of the Bonds or the prompt payment of principal or
interest thereon. The AUTHORITY and the COUNTY further covenant and agree that they will each
comply with their respective duties and obligations under the terms of this Contract promptly at the
times and in the manner herein set forth and will not suffer to be done any act which would in any
way impair the said Bonds, the security therefor, or the prompt payment of principal and interest
thereon. The COUNTY may, in writing, waive strict compliance by the AUTHORITY with the dates set
out herein for the entering into of final construction contracts and for completion of the Project,
and such dates may be altered upon mutual agreement by the parties hereto.
23. Any notice necessary or proper to be given to any of the parties hereto may be served
in the following manner:
(a) If to the AUTHORITY, by delivering the same to the Treasurer of the AUTHORITY;
(b) If to the COUNTY, by delivering the same to the County Clerk or the County Clerk's
deputy.
24. This Contract shall terminate on the payment in full of all principal and interest on
all the Bonds. When the Bonds have been retired and the Contract terminated, the AUTHORITY shall
convey the Project and the Site to the COUNTY, without consideration, by quit claim deed and
appropriate bills of sale in such form and manner as may be approved by the County Attorney of the
COUNTY. Upon termination of this Contract in the manner set forth above, the AUTHORITY shall
promptly pay over to the COUNTY any and all funds held by it pertaining to the aforesaid Bonds or in
any other manner relating to the Project.
2. The AUTHORITY covenants that the COUNTY upon compliance with the terms of this
Contract, shall and may peacefully and quietly have and hold and enjoy the Project and the Site for
the termh herein provided.
26. Nothing herein contained shall in any way be construed to prevent additional financing
under the provisions of the Act, or any other law, for any of the purposes set out in the Articles
of Incorporation of the AUTHORITY.
27. This Contract shall inure to the benefit of and be binding upon the respective
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the OAKLAND COUNTY BUILDING AUTHORITY, by its Commission, and the
COUNTY OF OAKLAND, Michigan, by its Board of Commissioners, have each caused its name to be signed
to this instrument by its duly authorized officers and its seal to be affixed hereto the day and
year first above written.
In the presence of: OAKLAND COUNTY BUILDING AUTHORITY
By
C-Kairman of its Commission
By
ecretary 0 its omission
COUNTY OF OAKLAND
Ey.
5Tairman. f1.5iFtir—of tommisTroners
By
County Clerk
lo Pide presence of:.
(Sal )
102
Cormissioners Minutes Continued. March 9, 1989
houch by Hobart supported by Bishop the resolution (with a favorable Fiscal Report
attached be
Discasaion followed.
AYES: Wolf, BinGc,p, Caddell, Chester, CPAs, Per? cls, Hobart, Jensen, Johnson, R. Kuhn,
S. Kuhn ;Lam, Luxon, McCulloch, McPhprsc,i, Moftitt, Oaks, Olsen, Pappageorge, Pernick,
Rewold, Skarritt. (23)
NAYS: Calandra. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Report Yis.-", 505041
By
TN RE: r.:Y.r:T Court - Creation of Clerical and Magistrate Positions
To
LI Poard of
Mr. C 1.1';-;:A. J!nWI
er•( Cpmf .:ttee, having reviewed the above referenced resolution, reports with the
recomT ,JPaPipr Mi. t the rasplution be adopted,
C;ulirperson, on behalf of the Personnel I move acceptance of the foregoing
report_
PERSONNEL Ci.:MMITTEE
John P. Calandrc, Chairperson
ttee
ict Court- CREATION OF CLERICAL AND MAGISTRATE POSITIONS
.iy Board ot C ,:wissioners
Ladies and Ge7iCem;an:
in recent yp.irs tne S2nd District CoPPt Pas ,,,.pecienced 8 dramatic increase in
total cieac well as a ris.a if the number of FW-, oasis; an.d
the court has i0„efird(1 to esdnLal ,Ai:itdcm.o1 demands placed on clerical staff
through t.pa -ise- of flex-time, --itrTime nod tedqorary Emergency Salaries positions; and
HEAS despite thes:s edr,, a substial backlog of pending cases exists in Divisions
I, III and s and
due to the lack, of availaidility of court time, there currently exists a four-month
delay in scf,edLl'ing traffic and civil infraction hearings and. significant delays in scheduling other
cases; and
PiL:REAS guidelines for time standards for processing cases recommended by the Michigan
Suprere Court are not being met and delays are resulting in inefficient delivery of services to the
public; and
WHEREAS the 52nd District Courts have generated an increasing percentage of revenues- over
di tunes since 19n and project that additional revenue will be realized to further offset the
costs of requested oositiors; and
WHEREAS 7t-me Personnel Dep,rtment has conducted a review of the court's staffing needs and
the County ExeclThe rfsaommend,: t;P:,::e: additional positions.
HON ITEMp'ORE BE IT that the Oakland County Board of Commissioners creates the
following governmental positions in the 52nd District Court:
Division i - three (3) District Court Clerk
one (1) Magistrate - 2/5 funded PINE
Division III - six (6) District Court Clerk
en': (1) Magistrate - 2/S funded PTNE
Division IV - one (1) District Court Clerk - 1,000 hr/yr PINE
oc.e (1) Magistrate - 2/5 funded PTNE
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
Misc.
By Public
IN RE:
To the OsPl
Mr, Ghaicpp.,son,
The Vice Chairperson referred the resolution to the Finance Committee. There were no
objections.
Commissioners. Continued. March 9, 1989 103
Misc. 89065
By Public Services Committee
IN RE: Sheriff's Department - ONE (1) ADDITIONAL DEPUTY POSITION - LAW ENFORCEMENT PATROL SERVICES
- THE CHARTER TOWNSHIP OF OAKLAND
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 contract agreements with Local Units of Government for the
purpose of Law Enforcement Patrol Services; and
WHEREAS the Charter Township of Oakland wishes to enter into such an agreement for the
addition of one (1) full -time Deputy for the purpose of Law Enforcement Patrol Services for the
period April 1, 1989 through December 31, 1989 and renewable annually thereafter at rates established
by this Board.
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 Charter
Township of Oakland for the addition of one (1) Deputy for the purpose of Law Enforcement Patrol
Services at the annual rate of $65,219 for the year ending December 31, 1989 as established by
Miscellaneous Resolution #88039.
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
Copy of Agreement for Law Enforcement Services on file in County Clerk's Office.
The Vice Chairperson referred the resolution to the Personnel Committee and the Finance
Committee. There were no objections.
Misc. 89066
By Public Services Committee
IN RE: Sheriff's Department - CONTRACT FOR CROWD/TRAFFIC CONTROL AT MICHIGAN RENAISSANCE FESTIVAL -
1989 SEASON
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Michigan Renaissance Festival, the operator of a summer theatre facility by the
same name, has requested the Oakland County Sheriff's Department to supply patrol officers for crowd
and traffic control within the theatre grounds for the upcoming 1989 season; and
WHEREAS the Sheriff's Department has agreed to supply such patrol officers on an
availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's
Department; and
WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan
Renaissance Festival at the hourly overtime rate of $31.32 for the 1989 season, as was established
by Miscellaneous Resolution #88040.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
execution of the attached contract consistent with provisions contained therein.
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
Copy of Agreement on file in the County Clerk's Office.
Moved by Richard Kuhn supported by Crake the resolution be adopted.
AYES: Caddell, Calandro, Chester, Crake, Ferrens, Hobart, Jensen, Johnson, R. Kuhn, ,
S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsan, Pappageorge, Pernick,
Skarritt, Wolf. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 89067
By Public Services Committee
IN RE: Sheriff's Department - RENEWAL OF CONTRACT FOR SHERIFF'S DEPARTMENT AT PINE KNOB MUSIC
THEATRE, INC. - TRAFFIC CONTROL - 1989 SEASON
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the operators of Pine Knob Theatre, Inc. have requested the Oakland County
1G4
Oamissioners Minutes Continued, March 9, 1989
Sheriff'-. 1:;epartmor/ to srpply patrol officers to assist in traffic control at the theatre for the
upcoming
17:ML]-
nepartment;
c.o of Oakland tct,11 be 'reitLI-5:.!.1 for such services by the operator of
Nur, Knob tl)e houri:7 of SJI.P -Fc., the 1989 season, as was established by
Kiscellaniba..b
Ir PrS!)!...YEF: Lib:A he C.oc.ity Board of Commissioners approve the
execotion f tbo rbriisterb uith pbreb, contained therein,
rT, !inr,bbs.ban, on br.wra. tne Eierb.ices Committee, I move the adoption of the
foregoing resoiction,
PUBLIC- SERVICES COMMITTEE
Richard B Kohn, jr., Chairperson
Copy of Agreement, or file in County Clerk's Officp.
Movec! by Richard Kuhn supported by Wolf the resolution he adopted.
kr,f, Calandra, Chester, Crake, Fercens, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn,
Luxon, McCt•Inell, McCulloch, McPherson, Moff;tt, Oaks, Olsen, Pappageorge, Pernick, Rewold,
Skarritt, Wolf, CaCie'll. (22)
NAYS: Nch.e. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 89068
By Public Services Committee
iP it Sheriff's Uepartment L.EriP-Fir OF CONTRACT FOR SHERIFF'S DEPARTMENT AT PINE KNOB MUSIC
- CROWD CONTROL -
To the C;2:1d. 8oard of Colsioners
Knob Inc., the operator of a summer theatre facility by the same
name, has f-tm.„. a the Oaklayi Sheriff's DeFart.lc ,:- to supply patrol officers for crowd
control wir tiraatre grow:6s The UOCUt in I 985 sesc,h and.oa
the Sheriff's".,,:.,armeht has ap.c..al to supply such patrol officers on an
avaliab5 city -.-.vr -time hourly basis, the cumber of riLci-hours to be determined by the Sheriff's
Department
S the County of Oakland shall he reimbursed for such services by the Pine Knob
Theaib'e ; Ies at The hourly rate of 531,82 for' the 1989 season, as was established by Miscellaneous
Resolution
-NO! H.dP.EFORE BE IT RESOLYED that tfn.. Oakland Ci Scard of Commissioners approve the
execution of the : ttehed contract cons;:,o ,,nt therein„
Mr. Cb,ir,erscn, on behalf of l•.fs !=o'c ,,Taltixe, I move the adoption of the
foregoing resolution.
PUB.L :RyICE5 COMMITTEE
• Ric.iar,i Y. Kuhn, Or., Chairperson
Copy of Agreement on file in County Clerk's office.
Moved by Richard Kuhn supported by Susan Kuhn the resolution be adopted.
AYES: Chester, Cra:‹e, Ferrens, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon,
McConnell, McCul!och, McPherson, Mcff:tt. Oaks, Olsen, Pappageorge, Pernick, Price, Rewold,
Slarritt, Wolf, Bishop„ Caddeli. Calandro. (24)
NAYS; None (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 89065
By Pubic aervices Committee
IN RE: POlic ServiceslAnima Control/Administration - REORGANIZATION OF ANIMAL CONTROL CENSUS
PROGRAM. CLASSIFICATTGNS AND POSIllOS
To the Oakland County Board •::" 8511 asioflers
Mr. Chairper s on, Ladies and
WHEREAS the Animal Cun -roI Division has requested the creation of a new classification,
Animal Census Leader, to function in a leader capacity over summer employees taking a census of dog
licenses; and
Isr's Department has agreed to supply such patrol officers on an
bass, the number of man-hours to hr . determined by the Sheriff's
Commissioners Minutes Continued, March 9, 1989 105
WHEREAS the division has requested that one (1) part-time, non-eligible 1,000 hour Animal
Control Census Worker position be reclassified to the proposed new Animal Census Leader
classification; and
WHEREAS the division has requested that the second Animal Control Census Worker position
be deleted, and that funds be transferred to the division's summer line item to provide for one (1)
summer clerical position to type records and logs generated by the census program and to answer
related questions; and
WHEREAS no additional funds are necessary to make these changes and they would actually
result in a cost savings; and
WHEREAS the Personnel Department has reviewed this proposal and recommends approval of the
Animal Control Division's reorganization of the Census Program as requested.
NOW THEREFORE BE IT RESOLVED that the Oakland County Beard of Commissioners approves the
following classification and position changes:
1. Create a new part-time, non-eligible, Animal Census Leader Classification at $8.00 per
hour (flat rate, regular overtime); and
2. Reclassify one (1) part-time, non-eligible Animal Control Census Worker position (no.
06419) in the Animal Control Division to the proposed Animal Census Leader classification; and
3. Delete one (1) Animal Control Census Worker position (no. 06420) in the Animal Control
Division and transfer funding to the division's summer line item to provide for one ()) Summer
Clerical position.
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
fne Chairperson referred the resolution to the Finance Committee. There were no objections.
Misc. 89070
By Public Services Committee
IN RE: Sheriff's Department - DISPOSITION OF CANINE (K-9) UNIT DOGS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen;
WHEREAS the Oakland County Sheriff has disbanded the Canine (K-9) Unit; and
WHEREAS this Unit had two (2) dogs which now require placement; and
WHEREAS the County must receive fair market value for these animals; and
WHEREAS due to the unique training received and loyalty established with their individual
handlers, these dogs can neither be retrained to respond to new handlers, therefore being unsuitable
for placement with another law enforcement unit, nor can these animals be put up for placement by
the Animal Control Division as pets; and
WHEREAS these unique circumstances result in these animals having no fair market value for
which they can be sold; and
WHEREAS the Sheriff recommends selling these dogs to their handlers for a nominal sum
should the handlers wish to purchase these dogs; and
WHEREAS this matter has been reviewed by the Department of Corporate Counsel and the
Manager of the Animal Control Division which concur with the Sheriff's recommendations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
selling the dogs from the Canine (K-9) Unit of the Sheriff's Department to each of their handlers
for their fair market value which has been established to be nominal, upon the execution by the
handlers of the appropriate documents drafted by the Department of Corporation Counsel.
Mr. Oairperson, 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.
Commissioner Ferrens asked if the dogs were to be sold for a $1.00 fee. The Chairperson
stated they were.
Vote on resolution:
AYES: Crake, Ferrens, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell,
McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf,
Bishop, Caddell, Calandra, Chester. (25)
NAYS; None. (0)
The resolution was unanimously adopted.
• P.A. nf i5it. it is required that each county develop
disposat of solid waste; and -
Cuonty, thru0 its Department of Public Works, has
and op .1
of
. of t
waste. mana9ement pan could better be developed and
thc !cation of such a department in
rnment, Act 139 of P.A. of 1973 ; as
y Board -of Commissioners supports the
rod establishment of a department of
1.).A. of 1973.
100 be forwarded to all Oakland County
Transportation Committee, I move the
WIERNMEOT & TRANSPORTATION COMMITTEE
Richard C. Skarritt, Chairperson
devoped
aMa
ronaged by a
courtie:
amended,
hda 1..-iHJE_HjRE BE IT R
introducti6n passage c:r
solid r:,.:Jr.gement in cc.H
IT FURTHEP cccc
Legislators the
Mr. CKairpersrn ,,
adoption of the f.,•)cir'.ng
lf of the Government
MI
IN
To
(H-5) Tn..:s reintroduced this legislation and it is H91
106
Commissioners Minutes Continued. March 9, 1989
It 4 Transportation Committee
j. LEG1SLATiON - E2T46LISHME11 OF A DEPARTMENT OF SOLID- WASTE MANAGEMENT
ArH:v P.ord
Moved by Skarritt supported by Jonsen the resolution be adopted,
AYES: barrens, 1-tobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell,
McCulloch, Mc9herson, Moffitt, Oaks, Olsen, Pappaaeorge, Pernick, Price, Rewold, Skarritt, Wolf,
Bishop, Calandra Chester, Crake. (24)
OYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MiSc.
by GoA,T! Tra::.,5ortation Committee
Im Rr:I l HOI.Z.,L BILL 4219 - WASTE TO ENEMY POW1R PURCHASE AGREEMENTS
Te the Coo, 1/ 1:kii..:,;•(; of So
Mr. ChEir,:.t,
is
in this Stal.e each (Jay
; and
ki17,P.AS quest to a ,,solA
Rítsource..s baa adopted of -,r-hersice waste p .;
component up of our ciun
S House 311 5592 !,ki-5)
establiship to energy facilities d providing a
and gener::1.o--,, related to the errgy
requirement. u..7.11ities sign and PuLl
contracts with-in six (6)
28, 1968 C.-r'J not flass the Senate; and
sponsor of House Bill
now coo a bill 4219.
[ ;:.SOLVED
t.o
can
reduce io!ndence t!i
IT FORTHEi, P:.T.SOLVEJ to
Senators, the Govrnor and the County's L.egative Agant
Mr. Chairperson, on behalf of the GovernMefit
adoption of the foreg-cAno resolution.
Moved by Skarritt supported by Bishop the resolution be adopted.
AYES: Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch,
McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt„ Bishop, Calandro,
Chester, Crake, Ferrens. (83)
NAYS: None. -(0)
ABSTAIN: Wolf. (1)
burying, 85% of the 32,000 tons of municipal solid waste
Ndfilis whose svarcge Iffe ex.pectancy is little. more than five
the Michi gan Department of Natural
Ala;izes resource recovery as a major
lid waste; and
e assisted Michigan communities in
resolving disputes between utilities
ct. of these arrangements, and the
Commission approve power purchase
by the House (103 to 3) on September
th:2 Oak1T::1
Pi'l
broad of Commissioners hereby
Toosly
so that Michigan's Counties
.rs meTrods which will dramatically
Lernife.
resolutior oe sent to all Oakland County
& Transportation Committee, I move the
GOVERNMENT & TRANSPORTATION COMMITTEE
Richard G- Skarritt, Chairperson
Commissioners Minutes Continued, March 9, 1989 107
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 89073
By Government & Transportation Committee
IN RE: PRESERVE TAX-EXEMPT BONDS S:1VJE AND LOCAL GOVERNMENTS
To the Oakland County Board of Conas.Hooers
Mr Chairperson, Ladies and Gentlemei::
WHEREAS federal, state and local governments all share in the responsibility of building
and maintaining our nation's physical and institutional infrastructure and in providing essential
services to promote the geneW oolfare; and
WHEREAS the federal government has steadily diminished its responsibility for
infrastructure requirements and has shifted more and more financial responsibility to states and
local governments; and
WHEREAS in recent. years Congress has both limited the use of tax -exempt bonds by state and
local governments and made municipal bonds less attractive to purchasers, thereby driving up the
cost of financing public service projects; and
WHEREAS in 1988 the U.S. Supreme Court overturned a 100-year precedent, ruling for the
first time that the Constitution does not prohibit the federal government from taxing the interest
on bonds issued by state and local governments; and
WHEREAS state and local borrowing costs would increase an estimated 23 to 33 percent if
the interest on tax-exempt bonds is subject to federal income tax which is a tempting option as
Congress seeks new revenue sources to reduce the federal deficit; and
WHEREAS in Oakland County the loss of tax-exempt status would raise bond interest rates
approximately two percentage points or to a projected additional interest cost of $17,379,391 for a
three-year period, 1989, 1990 and 1991, and it appears that the taxable bond interest cost would
average about one-third more than non-taxable bonds; and
WHEREAS the Supreme Court decision places in jeopardy the use of tax-exempt bonds by
85,000 units of state and local governments to finance such essential services and facilities as
schools, roads, water, sewer, gas, electricity, transportation and others.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges Congress
and the President to recognize that the state and local responsibility of maintaining and expanding
the national infrastructure cannot be met without utilization of tax-exempt bonds.
BE IT FURTHER RESOLVED that copies of this resolution be sent to President Bush and to the
Michigan Congressional Delegation.
Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the
adoption of the foregoing resolution.
Moved by Skarritt supported by McCulloch the resolution be adopted.
AYES: Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson,
Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro,
Chester, Crake, Ferrens, Hobart. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Report (Misc. 89043)
By Government & Transportation Committee
IN RE: Airport Committee Restructuring
• To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen!
The Government & Transportation Committee, having reviewed the above referenced
resolution, reports with the recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the
acceptance of the foregoing resolution.
GOVERNMENT & TRANSPORTATION COMMITTEE
Richard G. Skarritt, Chairperson
Report (Misc. 89043)
By Government and Transportation Committee
IN RE: AIRPORT COMMITTEE RESTRUCTURING
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
On January 5, 1989 the Board of Commissioners referred Miscellaneous Resolution #89001,
Abolition of Airport Committee, to the Government & Transportation Committee for its review.
Upon completion of such review and in discussion with that resolution's sponsor,
Commissioner Anne M. Hobart, the Government & Transportation Committee offers and recommends the
adoption of the attached resolution.
GOVERNMENT & TRANSPORTATION COMMITTEE
Richard G. Skarritt, Chairperson
Misc. K.9!..Y'3
By Gov:z1!
IN
To the Oaki,
Mr. Chait-p- -
overseer
1•,n
repar,es
of Ccw,-
.Jcians sha1
Mr. Chairperson,, on
adoption of the foregoing resolut“.
IU8
Commissioners Minutes Continued. March 9, 1989
Mr. Cha1rirson, or behalf of the Government and, Transportat i on Committee, I move the
acceptance Gf fra3oing report.
COtEliENT WANSFORTATION COMMITTEE
Richard G.. !E:,Kar.:-tt, Chairperson
Of rJaklar•. (.7;•
includioq
1443.
rsponsibilitie
two public airports, whose operation is
1913; and
:arm of County Government by the electorate
1cim,is sot specifically exempted from elimination,
Jeaed for a. liaison committee to carry out the duties and
the Airport Committee. -
SD that the Oakland County Board of Commissioners hereby
90 et 1913 with an Airport Committee appointed by the Board
139, of 1973, as amended, with the understanding that
:f C.o,miSsioners through the appropriate standing
of the and Transportation Committee, I move the
GOVERMENT AND TRANSPORTATION COMMITTEE
Richard G. Skarritt, Chairperson
Moved by SEarr'itt, supported by Papageorge the resolution be adopted.
Mr. Pern1ok stated that p;:c,e SO of the previous Board Meeting Minutes stated that a
wrtten opinion from CorQoration CLoi•L..:1 wcs requested and none was attached to the resolution. He
ested Corporation Counsel coop y a th the request.
Chairperson hewold requested Mr. Skarritt obtain the written opinion from Mr. Hays,
Discussion followed.
The Cha n stated a vote would be taken with the understanding that the Board get a
Written opinion frc.r; ::.c.rporatun Counsel,
The vote a lows:
AYES: ..o.rsc, N. Kohn, S. Kuhn, Law, LuXon, McConnell, McCulloch, McPherson, Moffitt,
Oaks, Olsen, PappaDearge, Price, Rewela, Skarritt, Wolf, Eishop, Caddell, Calandra, Chester, Crake,
Ferrons, Hobart, Jeil .aa:c. (24)
NAYS: Pernick. (1)
A sufficient Majority having voted therefor, the resolution was adopted.
Report
By Government & Thansportation Loris-it
IN RE: Appointments to Airvrt
To the Oakland County Boar::
Mr. Chairperson, Ladies a:d
3he Government Commitd.s:c wishes to recommend the following Commissioners
be appointed to one-ye,Y; Ttrm ending December 31, 1989z.
Susan G. Kuhl, i'!,'Oaks, RicHrd G. Skarritt
Mr. Chairperson, on behaif ci the Government & Transportation Committee, 1 move acceptance
Of the foregoing report.
GOVERNMENT 8 TRANSPORTATION COMMITTEE
Richard C 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.
A sufficient majority having Voted therefor, the motion carried and the appointments were
confirmed.
RICHARD ELLIOTT
Deputy Clerk
ROY REWOLD
Chairperson
Commissioners Minutes Continued. March 9, 1989 109
Report
By Government & Transportation Committee
IN RE: CONFIRMATION OF COUNTY EXECUTIVE'S APPOINTMENT - RUSSELL D. MARTIN, DIRECTOR - MANAGEMENT
& BUDGET DEPARTMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Government & Transportation Committee hereby recommends that the County Executive's
appointrt of Russell D. Martin as Director of the Management & Budget Department be confirmed.
Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the ac-
ceptance of the foregoing report.
GOVERNMENT & TRANSPORTATION COMMITTEE
Richard G. Skarritt, Chairperson
Moved by Skarritt supported by Pappageorge the report be accepted and the appointment of
Russell D. Martin confirmed.
AYES: R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks,
Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandra, Chester,
Crake, Ferrens, Hobart, Jensen, Johnson. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointment of Russell D. Martin as the
Director of Management & Budget Department was confirmed.
In accordance with Rule XXII, the following referrals were made by the Chairperson:
GOVERNMENT & TRANSFORTATION
a. Irori—eiinty Board of Commissioners - Expand Bottle Deposit Law
b. Hillsdale County - (Oppose) SB 956 and NB 5688
c. Springfield Township - School Finance Reform
OTHERS
Committee Chairperson
a. Thomas J. Bulger - Washington Report for the Week of February 17, 1989
Management and Budget
a. Equalization - Ind. Fac. Ex. - Wixom
b. Equalization - Ind. Fac. Ex. - Not to Exceed 5% SEV - Handy & Harman, Auburn Hills
There were no objections to the referrals.
The Chairperson stated the next meeting of the Board will be March 23, 1989 at 9:30 a.m.
The meeting adjourned at 10:57 a.m.