Loading...
HomeMy WebLinkAboutMinutes - 1989.08.03 - 7195UNTY isioners August 3, 1989 Meeting called to order by Chairperson Roy Rewold at 5:40 P.M. in the Courthouse Auditorium, 1200 N. Telegraph, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luxon„ McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (27) ABSENT: None. (0) Quorum present. Invocation given by Commissioner Richard Kuhn, Jr. Pledge of Allegiance to the Flag. Moved by Crake supported by Pernick the minutes of the previous meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Crake the rules be suspended and the agenda be amended for the following: SUSPENSION OF THE RULES FOR ITEMS NOT CURRENTLY ON THE BOARD AGENDA: PUBLIC SERVICES COMMITTEE b. Economic Development Division - Resolution Approving Project Area and Project District Area (Ryken Tube 8 Manufacturing, Inc. Project) - Commerce Township c. Economic Development Division Resolution Confirming Appointment of Additional EDC Directors (Ryken Tube & Manufacturing, Inc. Project) - Commerce Township (Waive Rule XXVII, 5-day notification for both resolutions) FINANCE COMMITTEE c. Management and Budget/Equalization Request for Additional Equalization Appraiser I - Certified Position (Misc. Res. #89171) (Waive Rule XXVII, 5-day notification [Personnel Committee meeting 8/3/89]) PERSONNEL COMMITTEE b. iapaiMoul7t/Eriend of the Court - Anrgval Of_COurt Service Officers Labor Agreement (waive Kule XxviI, b-day notirication LPersonnel uommittee Meeting 5/67B9J) SUSPENSION OF RULES FOR ITEMS CURRENTLY ON AGENDA PUBLIC SERVICES COMMITTEE a. Res. #89183, Sheriff's Department - ONE ADDITIONAL DEPUTY POSITION - LAW ENFORCEMENT PATROL SERVICES, CITY OF ROCHESTER HILLS (Waive Rule XI(G), Committee Sequence [Personnel Committee meeting 8/3/89]) A sufficient majority having voted therefor, the motion to amend the agenda carried. commissioners MinUteS uontinuete. August 3, 170 Vote on suspension of the Rules; AYES: Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Jensen, Johnson, R. Kuhn, S. Kuhn, Law. (25) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules carried. Clerk read thank you note from Sally Crake. (Placed on file) Clerk read letter from Chairperson Roy Rewold announcing the appointment of the following individuals to the Substance Abuse Advisory Council to fill unexpired terms ending 10/1189: Kathleen N. Harris, Carol Ann Lehman, Barbara Wolf, PhD. The were no objections to the appointments. Clerk read letter from Chairperson Roy Rewold appointing Commissioner Rue] E McPherson to serve on the City of Hazel Park Local Development Finance Authority Board (per the request of Mayor Michael G. Binkley of Hazel Park.) There were no objections. Clerk read letter from Chairperson Roy Rewold appointing Commissioner Lillian Jaffe Oaks to serve on the City of Southfield Local Development Finance Authority Board (per the request of Mayor Donald F. Fracassi of the City of Southfield). There were no objections. Commissioners Richard Kuhn and Ruth Johnson presented a Proclamation to members of the American Business Women 's Association declaring September 22, 1989 as American Business Women 's Day in Oakland County. Ardith Regan addressed the Board regarding the LSAC (Landfill Committee) and explained the way they were working to find the best landfill site in Oakland County. (Mrs. Regan presented a copy of a letter addressed to State Representative Mat Dunaskiss) John King also addressed the Board. Misc, 89184 By Finance Committee IN RE: Community Development Division - 1989 -1990 BUDGET AMENDMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners authorized a recapture of 1985, 1986 and 1987 Commercial Assistance Program (CAP) funds totalling $517,719 (Miscellaneous Resolution #89015) to be reallocated to the CAP Loan Pool, as well as amending the 1989 Budget; and WHEREAS the 1989 Budget was further amended upon acceptance of the Emergency Shelter Grant (ESC') Fund in the amount of $51,000 (Miscellaneous Resolution #89053); and WHEREAS the Oakland County Board of Commissioners further approved the acceptance of the 1989 Rental and Urban Development Rehabilitation grant award in the amount of $139,000 per Miscellaneous Resolution #89054 and amended the 1989 Budget; and WHEREAS Miscellaneous Rescluton #89158 accepted the 1989 -90 Community Development Block Grant in the amount of $3,646,000, in addition to $671,652 in County Program Earned Income, and $1,661 in Community Program Earned Income, for a total program amount of $4,319,313, with no budget amendment; and WHEREAS it was resolved that the 1989 Budget would be amended in August, 1989 to reflect a more accurate detail of actual balances and allocations in compliance Grantee Performance Report prepared by the Community Development Division each year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners amend the 1989 Budget to reflect the revisions as detailed in Schedule A. BE IT FURTHER RESOLVED that no budget amendments will be made upon acceptance of individual grants received by the Community Development Division, but rather on an annual one -time basis in compliance with the Grantee Performance report as prepared by the Community Development Division. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Skarritt the resolution be adopted. AYES: McConnell, McCulloch, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S, Kuhn, Law, Luxon. (26) NAYS: None. (0) Commissioners minutes Lontinueo. August. .7, ItS A sufficient majority having voted therefor, the resolution was adopted. Misc. 89185 By Finance Committee IN RE: Risk Management - IMPPFT CASH FOR SHORT TERM DISABILITY MINIMUM PREMIUM PROGRAM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and (:,litlemen WHEREAS Risk Maaaeenert has reviewed the Minimum Premium Program (MPP) offered by Aetna (our current short term provider); WHEREAS the Minimum Premium Program is a combination of self insured and insurance policy programs; WHEREAS Risk Management has recommended the MPP that will have an annually savings of $14,566 which will be offset by a one time set-up charge of $3,000; WHEREAS the program reeuires the establishment of a two (2) month advance of $90,000 which will be drawn upon by Aetna in appro.dmatcly $20,000 portions as claims are paid; WHEREAS the Audit Division has reviewed and approved Aetna's policies and procedures for maintaining the necessary reserve; WHEREAS funds are available in the Fringe Benefit Fund. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes a long-term advance of $90,000 for payment of Short-Term Disability claims on behalf of the County of Oakland. BE IT FURTHER RESOLVED that funds be transferred within the Fringe Benefit Fund as follows: 1-73500-001 -001 Cash $(90,000) 1-73500-060-001 Imprest Cash 90,000 -$ -0- Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Pappageorge the resolution be adopted. AYES: McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell. (26) NAYS: None. (0) A sufficient,majority having voted therefor, the resolution was adopted. Report (Misc. 89171) By Personnel Committee IN RE: Equalization Division - REQUEST FOR ADDITIONAL EQUALIZATION APPRAISER I - CERTIFIED POSIMN To the Oakland County Board cf Commissioners Mr. Chairperson, Ladies alio C ,zitlemen The Personnel Comiluitee having reviewed the above referenced resolution, reports with the recommendation that the resolutihn be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE John P. Calandra, Chairperson Misc. 89171 By Finance Committee IN RE: Equalization Division - REQUEST FOR ADDITIONAL EQUALIZATION APPRAISER I - CERTIFIED POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS real and personal property assessing has increased in volume and complexity; and WHEREAS as a result, local jurisdictions have been unable to attract and retain qualified appraisers; and WHEREAS the Township of West Bloomfield has requested a contract to assist the assessor in the preparation of the assessment roll for personal property totaling approximately 1,100 parcels; and WHEREAS the contracts with the Cities of Birmingham and Novi have increased by 2,100 parcels; and WHEREAS this significant workload increase requires the assignment of an additional Equalization Appraiser I-Certified; and WHEREAS the additional Equalization Appraiser I-Certified position will increase the 1989 Equalization Division Budget by $14,721 for salary, fringe benefits and operating, and an annual cost of $32,967; and WHEREAS the anticipated annual revenue from the Cities of Birmingham and Novi and the Z.D4 Classification Salary Grade TTom; To: 253 Commissioners Minutes Continued. August 3, 1989 Township of West Bloomfield Assessment contracts are etiwted to be .$46,475 as shown on the attached schedule and will be recognized in the 1990 Budget; WHEREAS the revenue of $16,800 from the Cities of Birmingham and Novi assessment contracts will be recognized in the 1989 Budget. NOW THEREFORE BE IT RESOLVED that one (1) Equalization Appraiser I -Certified position be created in the Equalization Division of the Management and Edget department and that continuation of the position is contingent upon continuation of the current. level of assessment contracts. BE IT FURTHER RESOLVED that the 1989 Budget be .me'e..ed as follows: Revenue 1989 7771-0.-125-01-00-2510 17771 T4:77T Expenses 717-TUTUF125-01-00-1001 10,191 4-10100-125-01-00-2070 4,280 4-1G100-125-01-00-3674 250 TTT771- Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Calandra the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Jensen the resolution be adopted. AYES; Moffitt, Oaks, Olsen, Papageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McPherson. (26) NAYS: None. A sufficient majority having voted therefor, the resolution was adopted. Misc. 89172 By Personnel Committee IN RE: Personnel Department - SALARY ADMINISTRATION SECOND QUARTERLY REPORT FOR 1989 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study Group Reports approved by the Board of Commissioners for Grades 1 - 15 and Grades 16 - 21 provided for a review and appeal process for departments and employees wishing to challenge the salary grade placement of classifications; and WHEREAS the Second Quarterly Report for 1989 was submitted to the Personnel Committee identifying the reviews requested and the salary grade changes recommended by the Personnel Department after completion of this review process; and WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from salary administration quarterly reports recommendations; and WHEREAS the Personnel Committee has reviewed and approved this report; NOW THEREFORE BE IT RESOLVED that changes in salary grade placement and reclassifications be implemented for the following classifications as shown and that retitling of classes as indicated be established: FOC Family Counselor II 11 12 Workers Compensation Specialist 10 11 Work Projects Supervisor 5 8 Chief - Treasurer Accounting 16 17 EMS Communication Supervisor 9 10 Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandro, Chairperson icrr? 1,04E 303 705 204 8,912 2,584 (A1011111 ..e HL -c ISJ t ▪ j Fiscal Note (Misc. 89172) By Finance Committee IN RE: Personnel OepartimTnt - Salary Administration 2nd Quarterly Report for 1989 To the Oakland County rT7 C oness Mr. Chairperson, Ladif-s . Pursuant 'cis, • Ois Beard, the Finance Committee has reviewed Miscellaneous Resolution 4.89172 ano 1) Cr Pc-' w i n CommiteT has approved the attached Salary Administration Second Quarterly Peper- for 1989, 2, Cost Salaries and 3) TH ,2 -L,H0 Salary C.t. 4) Idc Ccs:, (4-73530-111-W-0-2W0) wiil 5) Per the Pesoi; included in the following Bi.d 6) Funds are avaia.Li Rate Change Account (909-01-00- •d 0,.9 .,1J ..t 12, 1989 thrcugh December 31, 1::48 is $11,461 in C: for 1990 Fringe Benefits, 30-1!1-10-00-1001) and Fringe Benefits of $122 v f .e. Insurance Fund for 1989, request the Employees Records Specialist Position is not iN - Appropriation Reserve for Transfer Classification )02) and r,.commends the following amendments: 199 and 4-10100-909-01-00-5.°0:' 4-101C0-177-1C-00-c 1 i 4-10100-177-10 -00-0 4-10100-221-01-00-01 4-10100-221-01-00-0 4-10100-434-15-00-1001 4-10100-434-1E-00-2070 4-21500-312-05-00-1901 4-21 500-31 2-05-00-2070 Rate F Cl:,nficaton Changes EMS & lawnicy - Salaries EMS F Emerr:ency - Fringe Benefits Treasurer-Cen. Acct. - Salaries Treasurer-Leo, Acct. - Fringe Benefits Sheriff - Corrective Svcs. - Salaries Sheriff-Corrective Svcs. - Fringe Benefits 1.-Fr. Ct. - F.O.C. - Salaries Cir. Ct, F.O.C. - Fringe Benefits FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Calandra supported by Susan Kuhn the resolution be adopted. AYES: Oaks, Olsen, Pappageorge, Pernick„ Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Calandro, Chester, Crake-, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 89186 By Personnel Committee IN RE: Circuit Court - Friend of the Court - 1989-1991 LABOR AGREEMENT FOR COURT SERVICE OFFICERS, OAKLAND COUNTY DEPUTY SHERIFF ASSOCIATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS representatives of the County of Oakland, the Oakland County Circuit Court and the Oakland County Deputy Sheriff's Association have been negotiating a contract covering eight (8) Court Service Officers in the Oakland County Friend of the Court; and WHEREAS a three (2) year tentative agreement covering these employees has been reached with the union for the period of January 1, 1989 through December 31, 1991 and said agreement has been reduced to writing; and WHEREAS your Personnel Committee has reviewed the Labor Agreement covering these employees represented by the Oakland County Deputy Sheriff's Association, and recommends approval of the Agreement. NOW THEREFORE BE IT RESOLVED that the attached Agreement between the County of Oakland, the Oakland County Circuit Court and the Oakland County Deputy Sheriff's Association be and the same are hereby approved and that the Chairperson on this Board, on behalf of the County of Oakland, be and is hereby authorized to execute said agreement, a copy of which is attached hereto. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONEL COMMITTEE John P. Calandro, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections Misc. 89183 By Public Services Committee IN RE: Sheriff's Department - ONE (1) ADDITIONAL DEPUTY POSITION - LAW ENFORCEMENT PATROL SERVICES - CITY OF ROCHESTER HILLS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the OaF:Aid County Board of Commissioners to permit the Sheriff's Department to enter into cor',ct ag.seements with Local Units of Government for the purpose of a School Liaison Officer! dno WHEREAS the City of rYxesEer H.!s wishes to enter into such an agreement for the addition of one (1) full-time Deputy for the purpose of a School Liaison Officer for the period September 1, 1989, through December 3, 1989 and renewable annually thereafter at rates established by this Board. NOW THEREFORE. BE IT RESOLVED that the Oakland Coinfy Board of Commissioners authorizes the Chairperson of the Board and the Oakland County Sheriff to e.;-,er into an agreement with the City of Rochester Hills for the addition of one (1) Deputy fm r the purpose of Law Enforcement Patrol Services at the annual rate of $65,219 for the year ending December 31, 1989 as established by M.R. #88039. BE IT FURTHER RESOLVED to create one (1) Deputy II position in the Township Patrol Unit of Protective Services. Mr, Chairperson, on behalf of the Public Services Committee, 1 move the adoption of the foregoing resolution. Copy of Law Enforcement Services Agreement on file in County Clerk's Office. Fiscal Note (Misc. 89183) By Finance Committee IN RE: Sheriff's Department - One (1) Additional Deputy Position - Law Enforcement Patrol Services - City of Rochester Hills To the Oakland. County Board cf Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule Xi-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #89183 and finds: 1) One (1) Deputy II-A position be established in the Sheriff's Department - Protective Services Division - Township Patrol Unit for this contract, effective September 1, 1989. • 2) The following amendments are recommended to the 1989 Budget: Revenue 3-10106-436-01-00-2605 Special Deputies $21,740 Expenses 4-10100 2436-18-00-1001 Salaries $10,795 4-10100-436-18-00-1002 Overtime 2,530 4-10100-426-18-00-2070 Fringe Benefits 4,740 4-10100-436-00-00-6610 Leased Vehicle 2,667 4-10100-431-01-00-6735 Insurance 604 4-10100-432-01-00-3774 Uniform Replacement 150 4-10100-439-10-00-4820 Deputy Supplies 155 4-1 0100-432-01 -00-3712 Uniform Cleaning 71 4-101 00-439-01 -00-6600 Radio Rental 128 17,7774-0 3) Continuation of this position is contingent upon annual contract renewal with the City of Rochester Hills for Law Enforcement Patrol Services. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Kuhn supported by Chester the Personnel Committee report be accepted. A sufficient majority having voted therefor, the report was -accepted. Moved by Richard Kuhn supported by Bishop the resolution be adopted. AYES: Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Oaks. (25) NAYS: None. (0) A sufficient majority having voted therefor, the report was accepted. PUBLIC SERVICES COMMITTEE, Richard D. Kuhn, Jr„ Chairperson 00111111 55 MIHIALt5 0011 LI IIUUU t1UU. ,IJO Misc, 89187 By Public Services Committee IN RE: Ecenomic Development Divit-on - RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (RYKEN TUBE & MANUFAUDR.I.KG, INC, iiiJECT1 - COMMERCE TOWNSHIP To the Oakland County Board of Commioner Mr. Chairperson, Ladies and Gentlemer WHEREAS there exists in tit_ Clien:y of Oakland the need for projects to alleviate and prevent conditions of unemployment, to ii :1. •nd retain local industrial and commercial enterprises in order to strengthen and revitali;iJ the cobnty's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the ''Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EGG"): and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Ryken Tube & Manufacturing, Inc. Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows: 1. The Project Area, as described in Exhibit A attached hereto, as designated by the EGG • to this Board be and is hereby certified as approved. 2, That, it having been determined that the territory surrounding said designated Project Area will not be significantly affected by the Project because the surrounding territory is devoted to commercial/industrial uses, a Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved he hereby established, 3. That, it having been determined that there are less than eighteen (18) residents, real property owners, or representatives of establishments located within the Project District Area, a Project Citizens District Council shall not be formed pursuant to Section 20(h) of the Act. 4. That the County Clerk be, and is hereby, directed to provide four certified copies of this resolution to the Secretary of the Board of the EDC. The Public Services Committee, by Richard D. Kuhn, Jr., Chairman, moves for adoption of the foregoing resolution. " PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Moved by Richaiid Kuhn supported by Susan Kuhn the resolution be adopted. AYES: Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Calandra Chester, Crake, Ferrens, Gosling, Hobart, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 89188 By Public Services Committee IN RE: Economic Development Division - RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (RYKEN TUBE & MANUFACTURING, INC. PROJECT) - COMMERCE TOWNSHIP To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (Ryken Tube & Manufacturing, Inc. Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and 4,11EWAS it is necessry to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation in connection with said Project, in accordance with Section 4(2) of the Act; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows: 1. The appointments of Patrick M. Dohany and Thomas K. 7oner, who are representatives of neighborhood residents and businesi-iiiii-iik-eTY to be affected by said Project, to the Board of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2) of Act No. 338 of the Michigan Public Acts of 1974, as amended. Patrick M. Dohany and Thomas K. Zoner shall cease to serve when the Project for which they are appointed is either abWITEFE(T-617T7T-undertaken, is completed in accordance with the Project Plan therefor. 2. All resolutions or parts thereof in conflict with this resolution are hereby repealed, but only to the extent of such conflict. 3. The County Clerk be and is hereby directed to provide four certified copies of this COO 257 Commissioners Minutes Continued, August 3, 1989 resolution to the Assistant Secretary of the Board of the Economic Development Corporation, The Public Services Committee, by Richard fL Jr., Chairman, moves for adoption of the foregoing resolution. PUBLIC SC. flEES COMMITTEE Pichayd D. jr,, Chairman Moved by Richard Kukt, supported by Caddell the resolution be adopted. AYES: Pernick, Pri,c, Pawold, Stcrritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Ncart, Johnse, R. Kuhn, S. Kuhn, Law, Luxon, McLonnell, McCulloch, McPherson, Moffitt, Oaks, 0 ,sait, Pappageore. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Dr. Caddell requested a Public Hearing be held on the Ryken Tube & Manufacturing, Inc. Project - Commerce. Township. The Chairperson stated the Public Hearing will be held at the August 17, 1989 Board meeting at 6:00 P.M. Misc, 89189 By Government & Transportation Committee IN RE: Road Commission - APPROVAL OF MICHIGAN DEPARTMENT OF TRANSPORTATION CONTRACT, GIDDINGS/SILVER BELL PROJECT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen. WHEREAS the reconstructiocof Silverbell Road from Giddings to GTW railroad bridge has been programmed as Oakland County Road Commission Project #39721; and WHEREAS this Board agrees to particii.ate in tin: project and has received proposed Michigan Department of Transportation Contract #89-0541 t The reconstuction of Silverbell iL from av,>roximately . 616 :feet easterly to 809 feet easterly of Giddings Road to provide a foar—;a,lc roaay with curb and gutter; the adjustment or construction of drainage structures as may no ittluirq and all together with necessary related work; WHEREAS Paragraph 9 of proposed Contract 499-0541 states: 9. This contract shall become binding on the parties hereto and of full force and effect upon the signing thereof by the duly authorited officials for the parties hereto; opch the adoption of the necessary resolutions approving said contrct and authorizing the signatures thereto of the respective officials of the BOARD OF ROAD COMPTSONfR and THI:1OARD Of COMMISSIONERS OF THE COUNTY OF OAKLAND, certified copies of which resolutions chei be attaded to this Contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves Michigan Department of Transportation Contract #89-0541 for the reconstruction and joint repair of Silverbell Road from Giddings Road to the GTW railroad bridge in Orion Township, Oakland County, Michigan, BE IT FURTHER RESOLVED that the Board Chairperson be and is hereby authorized to execute the contract on behalf of the Board of Commissioners. Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the adoption of the foregoing resolution. GOVERNMENT & TRANSPORTATION COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Crake the resolution be adopted. AYES: Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappagoerge, Pernick. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report By Government & Transportation Committee IN RE: ELECTION SCHEDULING COMMITTEE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Government & Transportation Committee recommends the appointment of Steven M. Kaplan as the Board of Education Member on the Election Scheduling Committee to fill an unexpired term ending December 31, 1989. Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the Commissioners Minutes Continued. August 3, 1989 258 acceptance of the foregoing report. GOVERNMENT & TRANSPORTATION COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Ferrens the report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt supported by Pernick the appointment be confirmed. Mr. Moffitt requested a unanimous ballot be cast for Mr. Kaplan. A sufficient majority having voted therefor, Mr. Kaplan was unanimously confirmed as a member of the Election Scheduling Committee for unexpired term ending December 31, 1989. Report By Government. & Transportation Committee IN RE: PARKS AND RECREATION COMMISSION - APPOINTMENT OF FRED KORZON To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Government g Transportation Committee recommends the appointment of Fred Korzon as the Statutory Regional Planning Commission Member on the Parks and Recreation Commission. Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the acceptance of the foregoing report. GCVERNMENT & TRANSPORTATION COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Moffitt the report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt supported by Law the appointment be confirmed. Moved by Pernick supported by Law the Board set a fixed term for the office by adding for a term of office to end January 1, 1992". A sufficient majority having voted therefor, the amendment carried. Discussion followed. Moved by Pernick supported by McCulloch a unanimous ballot be cast for Mr. Korzon. A sufficient majority having voted therefor, Fred Korzon was unanimously appointed as the Statutory Regional Planning Commission Member on the Parks and Recreation Commission for a term ending January 1, 1992. Misc. 89190 By Planning and Building Committee IN RE: Drain Commissioner — RESOLUTION TO AUTHORIZE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES CITY OF LATHRUP VILLAGE EXTENSION NO. I CONTRACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") has heretofore established and constructed and acquired the Evergreen Sewage Disposal System pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1958, as amended, to serve the Evergreen Sewage Disposal District, within such district lies all of the City of Lathrup Village (the "City"); and WHEREAS the County has heretofore established and constructed and acquired the Farmington Sewage Disposal System pursuant to the Farmington Sewage Disposal System Agreement, dated November 1, 1957, as amended; and WHEREAS the State of Michigan Department of Natural Resources designated the areas and districts served by the Evergreen Sewage Disposal System and the Farmington Sewage Disposal System as a single plan of study area for the purposes of Step I Facilities Planning; and WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342"), a system of sewage disposal improvements and services to serve the Evergreen Sewage Disposal District and the Farmington Sewage Disposal District, which system as so established was designated as the "Evergreen and Farmington Sewage Disposal System" and the Oakland County Drain Commissioner was designated and appointed as the "county agency' for the Evergreen and Farmington Sewage Disposal System with all the powers and duties with respect to said system as are provided by law and especially by Act 342; and WHEREAS it is now necessary to improve, enlarge and extend the Evergreen and Farmington Sewage Disposal System by the acquisition and construction of the hereinafter described Evergreen of Lathrup Village Extension autnorized to enter into a .see and Farmington Sewage System Extension No. 1 ?meat of the cost thereof ,ts bonds to provide the flommiscioairs a proposed contract party of the first Sf provides for the Sei?k,. Disposal System I No (the 'Project), and which waval and adoption by this Board of of the cost and perod of usefulness A3ENCY, This Board of Commissioners :1 ect a:A there be established. 2, sewage disposal facilities to be ::a.cLiVes City of ements,Si end irwovements to ':ed e-td to be .f.).:.atr.1 as shown in serve fle the rakl.:i .(!d County Drain the 'r,r..ty Agenco!" for th ,, Evergreen and 7 acilities City of I.othrup Village Extension No, and duties with respect to the Evergreen and ties City of Lathrup Village Extension No. 1 as that all obligations incurred by the County .,gon Sewage Disposal SvST Pollution Control 1, unless otherwise authori .sed by this Board of dvc ,.l from the City as rirEn.,:ft , provided. V OP PEROD cr btErotNESS AN.) COST. The as the cost HOC c:timat, Commissioners Minutes Continued. August 3, 1989 and Farmington Sewage Disposal System Pollution Control Facilities City No 1; and WHEREAS by the terms of Act 342, the County and the City contract for the acquisition, construction End financing, of the J Disposal System Pollution Contxml Cti.ty ref L;ithrup v consisting of sewage disposal facilities to ee ,ivc tie y and for th by the City, with interest, end. so. County is 1.ear al.inerii .de to funds necessary therefor: and WHEREAS there,. L,en sbemitted to t between the County, b and throanh Cu:.: part, and the City, party. eL seeond acquisition, censfruci7 -(on rd rahe•s: Eve Pollution Control FacilPtlLs City or Lath .:itr, Vollage Contract is hereinafter set forth in full; alt WHEREAS there have also been 5.u-emitted for Commissioners, preliminary plans, specificiat, and -est of the Project. and WHEREAS the Contras provides part of the cost of the Project, said bee to pay to the County amoin -ss sufficien authorized bonds and to roy such paying .34.jent fe-,s ahd of said bonds; and WHEREAS this Board of Commissioners desires to proceed with the establishment of this Project and the approval and execution of the Contract to acquire, construct and finance the Project as provided in the Contract. THEREFORE BE IT RESOLVED BY THE 80100 OF COMMLSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN, as follows: 1. ESTABLISHMENT OF SYSTEM ANO DESTCPATI by majority vae —Of its inemberl- and there is hereby established, under known as the Evergreen and Farmington Lathrup Village Extension No. 1, which the Evergreen and Farmington Sewage Di - Exhibit A to the Contract; that the Pro Commissioner is hereby designated and Farmington Sewage Disposal System Pollutic 1; that the County Agency shall have all the Farmington Sewage Disposal Pollution Control Fo: are provided by law and especially by Act 342; Agency with respect to the Evergreen and Fa .em Facilities City of Lathrup Village Extension lig. Commissioners, shall be payable solely from funds 2, PLANS AND SPECIFICATiONS - EST' preliminary plans and specifications for the Prcji, thereof and of 40 years and upwards as the period of usefulness ftereof, as submitted to this Board of Commissioners be and the same are hereby approved and adopted. 3. APPROVAL OF CONTRACT. The Evergreen and Farmington Sewage Disposal System Pollution Control FacililTc', (Tty of Lathrup Village extension Kc. 1 Contract dated as of July 1, 1989, between the County, by and through the County Drain Corimpissioner, party of the first part, and the City, party of the second part, which Contract has been submittee fm this Board of Commissioners, be and the same is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same tor and be behalf of the County, in as many counterparts as may be deemed advisable, after the Contract has been executed by the appropriate officials of the City. The Contract reads as follows: EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES CITY OF LATHROP VILLAGE EXTENSION NO. 1 CONTRACT THIS CONTRACT, made and entered into as of the 1st day of-July, 1989, by and between the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred to as the "County"), by and through its Drain Commissioner, County Agency, party of the first part, and the CITY OF LATHROP VILLAGE, a home rule city corporation in said county and state (hereinafter sometimes referred to as the "City"), party of the second part. WHEREAS the Oakland County kard i.EE (:i ,rvHoc. by resolution, Misc. No. 3269, adopted August 12, 1957, as amended by resolution, Ml to.. No. l,4 mi5, adopted October 13, 1958, did approve the establishment of the Evergreen Sewage Disposal System! (herein called the "Evergreen System") to servo the Evergreen Sewage Disposal District, (herein called the 'Evergreen District), within which evergreen District are included areas in each of the municipal corporations hereinafter named; and WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1958, as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between no cif bonds by the Co .r..! to defray contractual obligations of the City and icteress on the hereafter - expenses as may be incurred on account Commissioners Minutes Continued. August 3, 1989 the County and the Cities of Southfield, Birmingham, Bloomfield Hills, Lathrup Village and Troy, the Village of Westwood (now Village of Beverly Hills), and the Townships of Bloomfield and Pontiac (now City of Auburn Bills), municipal corporations in the County, the County acting through its Department of Public Works, did acquire the original Evergreen System and did finance such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the provisions of said Agreement, as amended (herein referred to as the 'Evergreen Agreement"); and WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 4115, adopted March 6, 1963, did enlarge the Evergreen District to include all of the Village of Franklin and all of the Village of Bingham Farms within the area to be served by the Evergreen Systom; and WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No 3270, adopted August 12, 1957, as amended by resolution, Misc. No. 3339, adopted January 24, 1958, did approve the establishment of the Farmington Sewage Disposal System (herein called the "Farmington System') to serve the Farmington Sewage Disposal District (herein called the "Farmington District") within which Farmington District ace included areas in each of the municipal corporations hereinafter named, and WHEREAS pursuant to the Farmington Sewage Disposal System Agreement, dated November 1, 1957, as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the County and the cities of Southfield and Keego Harbor and the Townships of West Bloomfield and Farmington (now City of Farmington Hills), municipal corporations in said County of Oakland, the County acting through its Department of Public Works, did acquire the original Farmington System and did finance such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the provisions of said Agreement, as amended (herein referred to as the 'Farmington Agreement"); and WHEREAS by annexation of part of the former Township of Farmington the City of Farmington has become a user of the Farmington System and has area included in the Farmington District; and WHEREAS by contractual relationships with members of the Farmington System, the City of Sylvan Lake and the City of Orchard Lake Village have become users of the Farmington System; and WHEREAS the State of Michigan Department of Natural Resources designated the areas and districts served by the Evergreen System and the Farmington System as a single plan of study area for the purposes of Step I Facilities Planning and determined that there is a need to obtain studies, reports, plans and estimates for the abatement of pollution, control of pollutants and polluting discharges, and the relief of both the Evergreen System and the Farmington System; and WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended, a system of sewage disposal improvements and services to serve the areas and the districts heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269, 3435 and 4115 as the Evergreen District and in Resolutions No. 3270 and 3339 as the Farmington District, which system as so established was designated as the "Evergreen and Farmington Sewage Disposal System" (herein called the "System") and the Oakland County Drain Commissioner was designated and appointed as the "County Agency" for the System with all the powers and duties with respect to the System as are provided by law and especially by said Act 342; and WHEREAS under and subject to the terms of Act 342, the County is authorized, through the County Agency, to acquire and construct the project consisting of sewage disposal improvements and pollution control facilities hereinafter described as part of the System, the County and the City are authorized to enter into a contract, as hereinafter provided, for the acquisition and construction of the project and for financing all or part of the cost thereof by the issuance of bonds by the County secured by the pledge of the full faith and credit of the City to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years, and the County is authorized to issue such bonds and, if authorized by majority vote of the members-elect of its Board of Commissioners, to pledge its full faith and credit for the payment of such bonds and the interest thereon; and WHEREAS the City is in urgent need of such sewage disposal improvements and pollution control facilities to provide the means of collecting and disposing of sanitary sewage of the City, in order to abate pollution of the waters of the City and thus to promote the health and welfare of the residents thereof, which improvements and facilities would likewise benefit the County and its residents, and the parties hereto have concluded that such improvements and facilities can be most economically and efficiently provided and financed by the County through the exercise of the powers conferred by Act 342, and especially Sections 5, 5b and Sc thereof; and WHEREAS the County and the City desire to proceed with acquisition and construction of facilities using a combination of Federal and State grant moneys and local funds as needed for the proposed project as shown on Exhibit "A" hereto attached (the "Project"), for which Project contractual arrangements for design, construction and financing are required only with the City among all of the municipalities named herein above as participants in and users of the System; and WHEREAS the County Agency has obtained preliminary plans for the Project and also an estimate of $13,550,000 as the total cost of the Project and an estimate of forty (40) years and upwards as the period of usefulness thereof, all of which have been prepared by Hubbell, Roth & Clark, Inc. and Giffels-Webster Engineers, Inc. (hereinafter sometimes referred to as the consulting engineers) and are submitted herewith for approval by the Board of Commissioners of the County and the City Council of the City and will be placed on file in the office of the County Agency, said estimates being set forth in Exhibit "8 ° hereunto attached; and WHEREAS in order to provide for the acquisition and construction of the Project by the 260 Commissioners Minutes Continued. August 3, 1989 County and the financing of the cost thereof by the issuance cC County bonds, and for other related matters, it is necessary for the parties hereto to eater ino •ontract. THEREFORE IN CONSIDERATION Of- THE PREMISES AND fi-E 'lOVEliNTS OF EACH OTHER, TliE. PARTIES HERETO AGREE. AS FOLLOWS: 1. The parties hereto do hereby approve and agree ta Si .....: eablishment, acquisition, construction and financing of the Project, as herein. -,Yrrailer.!:. u Sac -;riAl pursuant to Act 342. The City, by way of compliance with Section 29, Article VII, u;.i .Ju:(jEn Consttution of 1963, consents and agrees to the establishment of the System- and the ociati?n of the Project within the corporate boundaries of the City and to the use by the :UYij ts striis, highways, alleys, lands, rights-of-way or other public places f.er the 7Ji,r1a:s... f.acilities of th, ?.ystem arid the Project and any improvements, enlargements or th-ereef, and. the City far';:.h-,r agrees that, in order to evidence and effectuate the forege;a.g agreement. ,J cenoht, it ail e;.eceta and deliver to the County such grants of easement, right -of-way, license, permit or consent as may be requested by the County. 2. The Project shall cosist of the facilities showu Exhibit A vinich is hereunto attached and which is hereby made a :art hereof, ;ind as are mer 5iartojI6i-iy rat !:orth in the preliminary plans which have been revered and sui ...m.it[ed fv eng-irears. which plans are on file with the County Agency and are 50:u0Ye DIV -..:dopted. The Prn.-„ct shall be acquired and constructed substantially in accovd:2r ,:ie. aaid preliminary Wans and in accordance with final plans and specifications f') .,,nd submitted by .hr consulting engineers, but variations therefrom which do not materlaCy ..raalge the location, capacity or overall design of the Project, and which do net require an inereiisc in the total estimated. cost of the Project, may be permitted on the authority of the County . Ageic.. Other variations or changes may be made if approved by the County Agency and by reqalutioi of the City Council of the Chty and if provisions required by Paragraph 8 hereof mr:qc- for payment of financing of any resulting increase in the total estimated cost. The estiwr period of usefulness thereof as set forth in Exhihi 3. The County Agency shall take or cause to he accordance with Act 342, te procure the issuance ard 5 series, in whatever aggregate principal amount is n the total cost to the County of the Project and/or State grants or other sources. Such bon6 -- euet of the Project and the estimate of e-wise hereby approved and adopted. all actloos required or necessary, in of bonds by the County, in one or more to he fi 'aesed to defray that part of in excess J•i- funds available from Federal 7r isJed in ::,:,7,cipation of, and be payable primarily from, the payments to be made by the City ta. -.e.i)vIdetif i n this contract, and shall be secured secondarily, if so voted by the Barl: of of the County, by the pledge of the full faith and credit of the County, and the so dhc'i:-o.s be payable in annual maturities the last of which shall be not more than forty (40) years frec: .iJra ,ate thereof. 4. The County Agency shall obtain and accept an offer of grant by the EPA/UNR for the Project, proceed to take construction bids for the Project and, subject to the sale and delivery of ,,aid bonds ; enter into construction contracts with the icost responsible bidder or bidder's, procure from the contractors all necessary and proper bonds, ce.qe te Project to be constructed within a reasonable time, and do all other things required by Lris c -intract and the laws of the State of Michigan. All certificates for required payments to contrators shall be approved by the consulting engineers before presentation to the County Agency and the latter shall be entitled to rely on such approval in making payment. The County hereby agrees that it will secure and maintain, or cause to be secured and maintained, during the period of construction adc.oata property damage and public liability insurance covering all facilities to be constructed pursuant to this contract. All policies and memoranda of insurance shall provide that the County and the City shall be insured parties thereunder and shall contain a provision requiring that the City be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of insurance shall he filed with the City, 5. It is understood and agreed by the parties hereto that the System is to serve the City and not the individual property owners and users thereof, unless- by special arrangement between the County Agency and the City. It is the responsibility of the City to require connection to and use of the facilities of the System and to provide such additional facilities, as may be needed, so that the City shall require connection to and use of the facilities and shall cause to be constructed and maintained, directly or through the County, an such necessary additional facilities. The County shall not be obligated hereunder to acquire or construct any facilities other than those designated in paragraph 2 hereof. 6. The City shall pay to the County the total cost of the Project, less such funds as may become available from Federal and/or State grants or from other sources. The total cost for this purpose shall include, in addition to the items of the nature set forth in Exhibit B (represented by the principal amount of the bonds to be issued by the County plus such funds as may become available from Federal and/or State Grants or other sources), all interest payable by the County on said bonds and all paying agent fees and other expenses and charges (including the County Agency's administrative expenses) which are payable on account. of said bonds (such fees, expenses and charges being herein called. 'bend service charges'). Such payments shall be made to the County in annual or semiannual installments which shall be due and payable at least thirty days prior to the day of the month specified in the County bonds as the annual principal maturity date thereof or semiannual P dj 1". r 262 Commissioners Minutes Continued. August 3, 4989 d or such he interest data., Such ,'lFfl0fl1 n .. 1... d interest d 1 • ..: : r •.he cost to an ; starec , mo. el • overall pay or prtn.t..... that County roan uti s cost t. a. any S Of C DI' the cost and t n that ea heret „ Fe C st!r•eef_t,ying tt Coun,:v in cash maturity, plus aN redempti on, and plus County Agency :h...., that such FVO the amotnt date. G; be tit nt t a , the bonds so' rt can..Aled, a. 1 is wn.tthcr as to ,-..; p or then (la City Co .ncs I,< by res.01 r -- may direct that a portion acquire or construct t exceed the total estfm. that such deletion 5 Federal (thdlor Pce:act- In the additi .:.nal amount are not availab Project or Project not enter Project itel of cosA or Excots ana sourcee.,kan he patd or L.-1:11rPd nCreaSe•6 tasec:, be made uy the to the Cc,At5 '-m", the o adoption of such r,..,solut -icc C; precedent to the iaE,narce of bcci a„., contracted to sell bonds to Al or part of the cot ''c 0 additional bonds is necessary (.-,s determined by the County) to imy excess costs as are essential to completion of the Proot saccoreing oe Os,. :.!VC tnt in is such tcact ti es by to the I' :55 to for e:nt the aever, me to it the d to Of be he 'F' CI .;E d to .1.ot ;or the 7ne 1 or J of or the of the s hal 1 the hie frcd, oUer t)-y the .01' Of F ,Te'l to iaother.• - t. tie as a ccrdition iousIy 'issued or the issuane of the •zsed, addit'i end or plans as last approved ot,nty any OF sato t';unt i. °and Drincipal amet•r. any. COW:f interest all app 1 i Hi; ...wt.: G.Je 'Ede:DP tlOn e event ,,h1.1i become rec., ..r id. bt adoption of an , a•r•y such lfcreased airces Where the e new pa therrs .ty HA oW F Vsn ban the prior to the time when the previous bonds were issued or contrcted to he u d, 9 In the event that the actual cost of the Prci&C..a iess than the total estimated cost, then any surplus available to the Cctirty from the sale' ot County bonds shall, at the option of the Ci ty Council • be used either to aperve, enlarge or (...tond the System or to app l y upon future payments due to the County, or to rede .t.m bonds maturir* C caliah,c for payment within one year or to purchase bonds of any maturity on "ho open or :tha p 1.t? a tht such surplus shalI be used to improve, enlarge or extend the System ot ' y to' author zed vt. E,ard of Commissi oners, Any such surplus may, for the purpose of improvmg, eniargi 5.g c ' nQ the System, be supplemented by cash payments to be made by the Cit.,' or by the prock.e6 of additional County bonds, or such improvements, enlargements or extensions may be financed entirely from such cash payments, where authorized by the City Council, Where any such surplus is used to redeem or purchase bonds, the 263 Commissioners Minutes Continued. August 3, 1989 same shall be cancelled, and the payments thereafter re ,4dired to bmac;ev the City to the County shall be reduced so as to reflect the resultin .: av : 5 oterest and the payment required to be made by the City in the calendar year of the stterf ria:c!eity of said 'ponds shall be reduced by the principal amount thereof. 10. Should the City fail for any reason to pf 1 .]c County at the tees specified, rrf amounts herein required to be paid, the City does hereby fif,o-ize the State. Treastirer or other official charged with the disbursement of unrestricted state fffds returnable tn the City pursuant to the Michigan constitution to withhold sufficient funds •Li me up any default or deficiency in funds. If the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the bonds to be issued by the CoudIc a ,id if the County is required to advance any money by reason of such pledge on account of the (2olinquency of the City, the County Treasurer is hereby authorized to notify the. State Treasurer to deduct the amount of money so advanced by the County from any unrestricted moneys in the State Treasurer's possession belonging to the City and to pay such amount to the County, The foregoing shall not operate to limit the C::onty's right to pursue any other legal remedies for the reimbursement of moneys advanced on acco(:nt of tbe default of the City. 11. The City, pursuant to the authorization e' Section Sa of Act No. 342, does hereby pledge its full faith and credit for the prompt and tri.lel • payment of its obligations expressed in this contract and shall each year levy a tax, within appable tax limitations in an amount which, taking into consideration estimated. delinquencies in tax collections, will be sufficient to pay its obligations under this contract as a first budget obligation becoming due before the time of the following year's tax collections; provided, however, that if at the time of making its annual tax levy, the City shall have on hand cash or other funds which have been set aside and pledged or are budgeted or otherwise available for the payment of such contractual obligations falling due prior to the time of the next tax collection, then the annual tax levy may be reduced ny such amount. The City Council each year, at least 90 days prior to the final date provided - by law for the making of the annual tax levy, shall submit to the County Agency a written statement setting forth the amount of its obligations to the County which become due and payable under this contract prior to the time of the next following year's tax collections, the amount of the funds which the City has or 4111 have on hand or to its credit in the hands of the County which have been or will be set aside and pledged for payment of said obligations to the County, and the amount of the City taxes next proposed to levied for the purpose of raising money to meet such obligations. The County Agency shall promptly review such statement and, if he finds that the proposed tax levy is insufficient, he shall so notify the City Council and the City hereby covenants and agrees that it will thereupon increase its levy to such extent as may be required by the County Agency. 12. No change in the jurisdiction over any territory in the City shall impair in any manner the obligations of this contract or affect the obligations of the City hereunder. In the evert that all or any part of the territory of the City is incorporated as a new City or village, or is annexed to or becomes a part of the territory of another municipality, the municipality into which such territory is incorporated or to which such territory is annexed snail assume the proper proportionate share of the contractual obligations (including the pledge of full faith and credit.) of the City, which proper proportionate share shall be fixed and determined by the County Agency and shall be binding' upon all parties concerned unless, within sixty (60) days after such incorporation or annexation becomes effective, the governing body of the municipality into which such territory is incorporated or to which such territory is annexed and the City Council of the City, by mutual agreement and with the written approval of the County Agency, shall fix and determine such proper proportionate share. The County Agency, prior to making such determination, shall receive a written recommendation as to the proper proportionate share from a committee composed of one representative designated by the City Council of the City, one designated by the governing body of the new municipality or the municipality annexing such territory and one 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 spch representative (other than the appointee of the County Agency) is not appointed within the time above provided, then the County Agency may proceed without said recommendation. If the committee shall not make the recommendation within forty-five (45) days after its appointment or within any extension thereof by the County Agency, then the County Agency may proceed without such recommendation. 13. This contract is contingent upon the County issuing its negotiable bonds as herein provided, to defray such part cf the total estimated cost of the Project as is necessary to be financed, which bonds shall be issued under the authorization provided in Section 5a, 5h and Sc of said Act 342. Interest on the bonds may be capitalized and paid from the bond proceeds for a period not exceeding the estimated construction period and one year thereafter. In the event that the bonds are not issued within three years from the date of this contract, then unless extended by mutual agreement it shall become null and void, except that the City shall pay all engineering, legal and other costs and expenses theretofore incurred hereunder and shall be entitled to all plan's, specifications and other engineering data and materials. 14. Upon completion of the Project the County and the City hereby agree that the operation and maintenance of all of the facilities of the System shall be carried on and continued in the same fashion and manner as integral parts of the System as provided in paragraph 5 hereof and as are now 2t ed o -aer or ng the no an :::..y,•err hil take all itted in the tr wale h of Commissioners Minutes Continued. August 3, 1989 in existenca no in effcet pursuab?,. to the fvercre:A P..rreoment and the Farmirnh oost h!!, 0, ,.o!I.-ri:ce pai,g as •t ?ment r(c.s to aeopt orders 'a . rdvance OF reymeid I:on, the City is-- is.a.rties nerem, w'th Coie!e of Fh iii!mcip..•:.eri that oh ,: ed on Exhipit b. he applicat . 35.2108, are to tompletc Srd Pc(.. for the Project, in accordance with not be commenced unless a grant of Projera Projera ,unty shall have no obligation or responsibili' as hurs-r expressly provided with respect to the accuisition of by rau -Htot. lhe City shall have the anthrrity and the e licalIcs and shall have the eiriat to expand the facilitlea extehfI g sewers or related facilton, connection the some to s the H.etem, it is expressly agreed, nevertheless, that no SystIm md no improvemonts, enlaroements or extensions thereof s a perm ;I:, therefor from the County Agency. Any such permit may and appnoval of new construction by the County Agency. it is fur be used for collection and conveyance of sanitary sewage only necessary action to prevent entry into the System of storm who': Evergreen Agreement or the Farmington Agreement.) and also to prevn: such a character as to be injurious to the System or to the public n 16. All powers. duties end futicions vested by tn -,s, ard re h- . iho C..t ilt.:;tions and warrant sh, for construction, ame:-Its of state and bonds to be h and credit • will have fe-g a - any net be in - as that they contract chshe eny act which would in any way impair the contract of said bonds, the security the(cfor, or the prompt payment of principal and interest thereon. It is hereby doc/armed that the terms of this contract and of any amendatory or supplental contract and any contract entered into pursuant hereto, insofar as they pertain to said bonds or to the payment of the security thereof, shall Pa deemed to be for the benefit of the holders of said. bonds. 18, In the event that any one or more of the provisions tnis ccur ,ihsHl for any reason be held to be invalid, illegal or unenforceable in any respect, such in di illegality or unenforceability shall not affect any other provisions hereof, but. this • xP•s .s t ...tsli be construed as if such invalid, illegal or unenforceable provision has never been con airst 1 19. This contract shall become effective upon its_ execution ca,'h Danty hereto end the expiration of 45 days after the date of publication of the notice required Lu c: Sills St, of ,ut,t 352; provided, however, that if, within the 45 -day period, a proper petition is F'S I.: with the. City tbrk of the City in accordance with the provisions of said Section 5b of Act 341.. than Ws elsct shall not become effective until approved by the vote of a ecionits of the alectors of the Sty qualified to vote and voting thereon at a general or specia. Chis contract shall terminate forty (40) years from the date hereof or on such earlier dist, as shall be muttially aveed; provided, however, that it shall not be terminated at any time prior to the pss:snv 55 full of the 264 for a 1 of finenr: the altuni: requitfsierrin -,..! fundint that exercised and performed by the provided by law or in this cof: consultants, such covenants, County and of the City such proles: necessary to comply with the r the oblig?-ic,rd of 0v City one e the County under this c valid and bm.inino fbliations anc1 in order to create oblications staH &nd federal income tax law, Such COVET: and such procenu! sh,l1 be evidenced by and set forth in certflI the County Ageru t1-. City and the County all hereby agree to prior to issoarts - ,t,liYery of any bonds. The -!er;ies hereto recognize that the hoidu os issued by the (›!!:!',..; under the provisions of Act 342, pledqe of th,, to the making of the payments as contractual rights in this contract, and it is therefore t of sai,. bonds shall remain cutsia 7 ,o'nç. and unpaid, the r. subject' to any alteration or revision which would in any mahb of the bonds or the prompt payment of principal or interest iherv - this contract, by amendment, supplemental contract or otherwise, is no -v the same do not have such adverse effect. The parties hereto further cooveno will each comply with their respective duties and obligations under the I promptly, at the times and in the manner herein set forth, and will not sufisr zsi be ise Os the sil O rinC.,: as ht -ctempt ,arrapties prebared for adopt at or 265 Commissioners Minutes Continued. August 3, 1989 principal of and interest or the Crm:nt.ry hoods trooth si.01 how) s said bonds This contract may b(:. , shall inure to the hetlefit of a1d.be. IN WITNESS WHEREOF, :-.he delivered by the olOersignef„ parties all as of era, day and CITY OF LATHRUP VILLAGE By: Tsor tocnihinq to cortract , s,uch By: (Copy of exhibits on file in County Clerk's Office) Mr. Chairperson, on behalf of the Plenning and Duilding Committee, I move adoption of the foregoing resolution. AND BUILENG COMMITTEE AiEf 9. Hobart, Chairperson Moved by Hobart supported by Fcrrens the re:--elution be adopted. AYES: Rewold : SEarritt, Wolf, Aaron, Ul:-1;.r, Celaddre, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, johnson, P. Kuen, Laq, Lawn, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Frice, (11) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc, 89191 Sr PlaTirthrg. and Boil:lift:, Cemmittee IN RE.: Department ci Public. Works - AUTHORIZATION TO RECE:VE BIDS - 1989 ASPHALT RESURFACING PROGRAM To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS the lort ercri Powerholse Drive i5 in reed of repair; and WHEREAS a c' ar t' r. roadway through Children's Village will improve the travel time from one end of the tie and WHEREAS 1 ..s at the South Oakland Health Center and the Royal Oak Farmer's Market are in need ot .r; ane WHEREAS it is being properr the Service Center work, one for the WHEREAS collectively, this pro WHEREAS the 1989 Asphalt Er WHEREP,. :.unding for this Children's Vi Taco Road line items of Inc Ut NOW 4IZEFORE RE IT RLOLYED th authorized to :;yertise said projc for Oids PLANNING AND BUILDING COMMITTEE Anne M. Hobart, Chairperson Moved by Hobart supported by Oaks the resolution be adopted. AYES: Skarritt, Wolf, Aaron, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold. (26) NAYS: None, (0) A.sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 99179) By Personnel Committee IN RE: Public Works/Water and Sewage Operations Division - Phase I Reorganization of Sewage Treatment Area, and Creation of Six Full Time Positions To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the following change; :.pari=te projects, that is, one for Royal Oak work; and .A Asphalt Resurfacing Program; and LI to cost $162,000; and 1H.v.rig Program, Royal Oak Market, and thr. 1989 Capita1 improvement Pr4ram, rmeht of Public Works be, and is hereby, .ve bids, and to report to the Planning end Building Commit7er upon receipt and 'tabulation of bids. Mr. Ci,irerson, on behalf of the Planninsl ano Euilding Committee, I move the adoption of the foregoing resAution. hid this vTy. h4ield or s 310 90170) to of the foregoing PLORGANI TION OF SEWAGE e Operations Division TIME POSITIONS Oilers - PHASE, I Cornissioners Minutes Continued. August 3, 1989 266 aararraph chanue miter 1. to int: Under the N(..W IT RESCLVEP 1. UpwardT -reah,ss.it ::: Tr.--Thiiecet Plant Wrafor the Sewage Ireatirent 5 p II ciassifiec: Mr, Chairperson, on behalf of the Pe,..:inne) Commlitee, f m report. PERSONNEL. (0mml -riEI John P. Ca:.hdre, Chairpe Misc. 89175: By Plannin fld Builf:rj Committee IN RE 1 PW,•. TREATMENT/ie.:A.. OF To the 0a1; Mr, Chairperso. Gentf Watcr arj Sewea ;;:lerat ,.-r a has ••• for the operation wni m.•intedanfi of the past four years, and ':1 waste water t-oarloaL pla aw'y of the. odr.- .reamert plans Aa, •: to provide for cv:ality of treafet: effluent; and WhiP:A.. 'ch.:: current organization of the sewage treat -Jcn t re.a difficult to manage becat.,e of recent growth, complexity of treatment. pro( scs and incresec reporting and discharge reolirori:s and WhBEAs and Sewage Op-erations proposes to reorganize the Sewee, Treatment area into three smaller opertitng areas in three iihases over the next one and a half years with Phase I to be addressed now and B-hsc 2 and 3 to be ai.(tbessed during the budget process; and WHEREAS 1 of the recrerdatdon involves the upward reclassification of two Sewage Treatment Plant Orcrtor positions, change in salary grade designation for the Sewage Treatment Supervisor II class ..f :cation and change in overtime designation for the Sewage Treatment Supervisor 1 and II classes; and WHEREAS Paler and Sewage Operations is also proposing the creation of six (6) positions to cover the growth in size, number and complexity of the sewage treatment plants; and WnIFEAa. the costs associated with this proposal will be recovered- from Water and Sewage Operation rkJ,Ae MoW r PF IT PfsOLVED I rer.• r: • 'cr implementedi rater 1 position (V017(7) to the Sewage Trcatwn e 2. Upar? one ()) Treatment Plant Operator II position (#02759) to the Sewage Treatht Suvervisur 1 clasfsific 3. Creat two Co) Special Rever.up Trcatment Plant Oporator I positicns; 4. Cree .: 'Lwo (L) Spa( Rel;s- gc Treatment Plant Operator II posit i ons: 5, Cru..,; 1:1:SneLial rc:-uc nalh.tenanee Mechanic I position; In the 1..rsq:, -67---C-Featc (1)--Epc;T:a1-17cv6-nie lotenance Mechanic I position, K. IT FURTH; S RESOLVED that the salary grade for the Sewage Treatment Supervisor II classification he changed from salary grade 15 to 14. BE IT FURTHER RESOLVED that the overtime designations for the Sewage Treatment Supervisor I and Sewage Treatment Supervisor II classifications be charged from "excepfAonal" and no overtime respectively to regular overtime. Mr. Chairperson, on behalf of the Planring and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COlsiTil Anne M. Hobart, Ghairperso Fiscal Note (Misc. 89179) By Finance Committee IN RE: Public Works/Water and Sewage Operations Division - PHASE I REORGANIZATION OF SEWAGE TREATMENT AREA, AND CREATION OF SIX FULL -TIME POSITIONS 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 #89179 and finds: 1) Annual Costs are $181,444 of which $128,392 are for salaries and $53,052 are for fringe benefits, 2) Prorated Costs for 1989 are $72,995 of which $51,652 are for salaries and $21,343 are for fringe benefits. 3) Costs incurred for treatment of wastewater are recovered throueh charges to users. 4) Budget amendments are necessary to reflect the affect on the Benefit Fund as follows: Fr ncI! Pains ) Fund $ The Board adjourned at 6:40 P.M. RICHARD ELLIOTT Deputy Clerk ROY REWOLD TTITITFperT6n P.1,49Ubl, KJOJ $ 5,644 832 146 00-91E-01-00-1078 Hospitalization )-g15-01-00-1080 3-/100-.)15-01-00-107i D:iatiiiity 3-1H1-.W-915-01-00-1 Worker's (amp. 3-72500-95-01-00-ICK Unemployment AppropriatTo. 4-73500-9T-u1 .00-8 .4-73500-915-1-00-20U Der17al/niaal 4-73500-915-5i-00-1 4-73500-915-01-00-0; 4-736C0-912-01-00-20 6-73500-915-01-00-1 4-73500-915-01-00-2077 Wcker's 4-23500-915-01-00-a(82 On-nploymeht 3 5) 1990 through 1991 costs will tie built into tne appropriate budgets. FINANCL COMMITIEE • C. William Caddell, Chairperson Moved by Hobart supported byJensen the Personnel Committee Report be accepted. A sufficient majority 'having voted therefor, the report was accepted. Moved by Hobart supported byJensen the resolution be adopted. Moved by Calandra supported by Jensen the resolution be amended to include the Personnel Committee Report (under thn MU,; -1'.''.REFORE BE IT RL':-,1:q ;EP Di ,:zpin chance number 1. to read: 1, Upwardly reciassiv ne 1) Sewage PR,--ni Operator position (#01767) to the Sewage Treatment. Supervisor Ii cissjiction".) A sufficient majority havirg voted therefor, the amendment carried. Vote on rusolutice as u,..reed: AYES: Wulf, Aaron, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. KATI, Law, !Axon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappa9eorge, Pernick, Price, Reweld, Skarr(tt. (27) NAYS None. (0) A sufficient majority having voted therefor, the resolution as amended, was adopted. In accordance with Rule XXII, the following referrals were made by the Chairperson: GOVERNMENT & TRANSPORTATION a. Iron Co-unfi-Board of Commissioners, Resolution Concerning the Use of Hunting and Fishing Guides in the State of Mich4an b. Roscommon - Support Constitutional Amendment to Protect U.S. Flag o. D.S.S - Board Member Appointment (July 20, 1989) d. D.S.S. - Board Appointment (July 18, 1989) e, Iron County Board of Commissioners - Resolution Concerning the Desecration of the Americun Flag. HEALTH & HUMAN SERVICES a. Subst.5-ilc6 Abuse Agency Designation OTHERS Management & Budget a, Equalization - Industrial Facilities Exemption Certificate No. 83-201 Serve Craft. Inc. City of Rochester Hills, Oakland County The Chairperson stated the next meeting of the Board will be August 17, 1989. It will be a night meeting, with the time to be announced later.